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07-09-91 Regular · CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 9, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMHENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. Agenda Heeting of 7/9/91 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. AGENDA 1- Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Regular Meeting minutes of June 25, 1991. 6. Proclamations: 7. Presentations: 8 . Consent Agenda: City Manager recommends approval. A. EXTENSION OF AUTHORIZED ABSENCE WITH PAY/RESERVISTS: Consider extending the authorized absence up to a maximum of one year, during which the City would pay the difference between City pay and military pay, for reservists called to active duty for the Desert Storm conflict. B. THIS ITEM WAS REMOVED FROM THE AGENDA. C. FINAL PLAT APPROVAL: Approve the final plat for the replat of Old Harbor Plaza located at the northeast corner of Linton Boulevard and Federal Highway. Approval recommended subject to conditions. D. APPENDIX TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY/E-911 EMERGENCY TELEPHONE NUMBER SYSTEM: Approve an appendix to the interlocal agreement between the city and Palm Beach County which reflects the anticipated maximum amounts for recurring and non-recurring expenses which are to be reimbursed to the City by the County in connection with the enhancement and maintenance of the E-911 Emergency Telephone Number system. -2- - Agenda l'1eeting of 7/9/91 E. SERvICE AUTHORIZATION NO. l/HAZEN AND SAWYER: Approve Service Authorization No. 1 to the contract between the City and Hazen and Sawyer in the amount of $52,620, for the development of a Water Distribution Systems Master Plan, with funding from Water and Sewer Renewal and Replacement (Account No. 442-5178-536-61.95) . F. SERVICE AUTHORIZATION NO. 2/HAZEN AND SAWYER: Approve Service Authorization No. 2 to the contract between the City and Hazen and Sawyer in the amount of $78,200, for the development of a Wastewater Transmission Systems Master Plan, with funding from 1991 Water and Sewer Revenue Bond/Engineering Services (Account No. 447-5164-536-33.11) . G. SERVICE AUTHORIZATION NO. 3/HAZEN AND SAWYER: Approve Service Authorization No. 3 to the contract between the City and Hazen and Sawyer in the amount of $25,000, for telemetry/controls systems technical support for the Water Treatment Plant Lime Conversion Project, with funding from 1991 Water and Sewer Revenue Bond/Construction Engineering Services (Account No. 447-5164-536-33.11) . H. SERVICE AUTHORIZATION NO. 4/HAZEN AND SAWYER: Approve Service Authorization No. 4 to the contract between the City and Hazen and Sawyer in the amount of $14,720, for design, bidding, and construction services, for the five ( 5 ) water line interconnections recommended by Post, Buckley, Schuh and Jernigan, with funding from 1991 Water and Sewer Revenue Bond (Account No. 447-5174-536-61.78) . 1. RESOLUTION NO. 52-91: A Resolution assessing costs for abatement action required to remove nuisances on 25 properties located within the City. J. RESOLUTION NO. 55-91: A Resolution abandoning a portion of a utility easement in the amended Plat of Parcel 1, Linton Center (also known as Target Center). K. AWARD OF BIDS AND CONTRACTS: 1. Sanitary Sewer Rehabilitation/Phase I- Environmental Services- D and L Telecommunications in the amount of $106,919.15 with funding from 1991 Water and Sewer Revenue Bond (Account No. 442-5178-536-61.84/balance $2,224,000) and Water and Sewer Repair and Replacement (Account No. 447-5169-536-61.84/balance $300,000) . 2. Storm Water Master Plan- Environmental Services - Mock Roos, and Associates in the amount of $89,000 with funding from Storm Water Utility (Account No. 448-5411-538-62.12). 3. Housing Rehabilitation- Community Improvement- various contractors in the amounts indicated below with funding from -3- - . l\genda Meeting of 7/9/91 Community Development Block Grant- Housing Rehab (Account No. 118-1963-554-60.23) : 310 N.W. 12th Avenue - MJD Construction Services - $14,000 913 S.W. 11th Terrace - Henry Haywood - $15,377.25 520 S.W. 6th Avenue - Henry Haywood - $12,138 905 S.W. 11th Terrace - Henry Haywood - $12,484.50 4. Drainage Improvements - Lowson and Homewood Boulevard- Wegner Excavating¡ Inc. in the amount of $116,430 with funding from Decade of Excellence Bond Issue (Account No. 225-541-51.42) . Account balance $191,048.25. 5. Water Meters- Environmental Services- Sunstate Meter and Supply, Inc. in the estimated annual amount of $80,000 with funding from Water and Sewer Fund Capital Outlay/Equipment Other Account No. 441-5161-536-60.89. Account balance for FY 90/91 $25,866.13. 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period of June 26 through July 8, 1991. B. REQUEST TO SELL LIQUOR/ALBERTSON'S: Consider a request from Albertson's to add a liquor sales use to their grocery store located in the Delray Town Center. ". C. RESOLUTION NO. 56-91/REQUEST FOR FUNDING - ROOTS CULTURAL FESTIVAL: Approve Resolution No. 56-91 supporting the Fourteenth Annual Roots Cultural Festival; approve request for funding in the amount of $2,000; and consider other requests for waivers of fees, tent permits, and use of City staff. Funding is available in Commission Contingency (Account No. 001-1111-511-33.81) . D. REQUEST FOR WAIVER OF REQUIRED IN-LIEU OF IMPROVEMENTS FINANCIAL GUARANTEE: Consider accepting an agreement to complete work in-lieu of a financial guarantee from the Drug Abuse Foundation for future improvements to the parking lot at the First Baptist Church of Delray. E. REQUEST FOR FUNDING: Consider a request from Donalda McCarthy for funding in the amount of $1,000 and waiver of City fees for fund-raising activities to assist in defraying the costs of her acceptance in the Up-With-People organization. City Manager recommends denial of funding request. -4- - . . Agenda Meeting of 7/9/91 F. AUTHORIZATION TO INITIATE REZONING PETITIONS: Authorize staff to initiate rezoning petitions for Lots 1 through 10, Block 24 located on the north side of Avenue G, between Federal Highway and Frederick Boulevard from PC (Planned Commercial~ zone district, in part and RM (Residential Medium) zone district, in part to POD (Professional Office District)¡ and, Lots 1 through 12, 26 and 27 of Block 25 from PC (Planned Commercial) zone district to POD (Professional Office District). G. GULFSTREAM BOULEVARD MEDIAN BEAUTIFICATION PROJECT: Provide direction regarding Boynton Beach's response to proposed changes in the joint beautification landscape plan for Gulfstream Boulevard. H. REJECT LOW BID AND AWARD CONTRACT: Reject the low bid for the rehabilitation of 332 N.W. 10th Avenue and award the contract to the second low bidder Abisset Corporation in the amount of $16,632 with funding from Housing Rehab (Account No. 118-1963-445-60.23). Account balance $84,239.37. City Manager recommends approval. I. THIS ITEM WAS REMOVED FROM THE AGENDA. J. AUTHORIZATION TO EXPEND FUNDING FROM LAW ENFORCEMENT TRUST: Approve the expenditure of $5,000 from the Law Enforcement Trust Account to support the Boy Scouts of America local anti-drug campaign. City Manager recommends approval. K. LAKE IDA ROAD WIDENING PROJECT: Consider the implications of delaying the widening of Lake Ida Road. L. RESOLUTION NO. 54-91: A Resolution authorizing the purchase of a 70 foot wide strip of property, located on Homewood Boulevard adjacent to the Municipal Golf course, for $7,500 with funding from the Decade of Excellence Bond Issue/Golf Course Project (Account No. 225-4762-572-60.11) . City Manager recommends approval. M. APPOINTMENT OF A MEMBER TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency to fill the vacancy created by the expiration of Doyle Dudley's term. Seat 2 appointment. N. APPOINTMENT OF A COMMISSION MEMBER TO THE DOWNTOWN PARKING STUDY GROUP: Appoint a Commission member to serve on the Downtown Parking Study Group. O. RESOLUTION NO. 53-91/REQUEST FOR SUPPORT OF CANDIDATE FOR THE OFFICE OF SECOND VICE - PRESIDENT/FLORIDA LEAGUE OF CITIES: Consider adopting a resolution supporting the candidacy of South Bay Mayor Clarence E. Anthony for the office of second Vice-President of the Florida League of Cities. 10. Public Hearings: -5- . . Agenda Meeting of 7/9/91 A. ORDINANCE NO. 42-91: An Ordinance amending the Code of Ordinances by enacting a new subheading, "Pawnbrokers and Second-hand Dealers"; providing a records requirement for Pawnbrokers, which includes obtaining a signature, identification number and thumbprint for each person from whom an article is pa\.¡ned, purchased or delivered; and, providing for penalties. City Manager recommends approval. B. ORDINANCE NO. 47-91: An Ordinance amending the Land Development Regulations to incorporate the modifications to the Sign Code. City Manager recommends approval. C. ORDINANCE NO. 48-91: An Ordinance amending the Code of Ordinances to provide the rate structures for implementation of the voluntary commercial and multi-family recycling programs. City Manager recommends approval. 1I. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 50-91: An Ordinance amending the Code of Ordinances to establish a County Court Citation (Notice to Appear) fine class schedule for nuisance abatement actions. City Manager recommends approval. If passed public hearing July 23rd. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- [ITY DF DELIAY BEA[H 100 "'. .', : A'J~~"P......;E Ot:LHAY ö'ôAC!-i r'_C8IQA 33444 407 24" 700'J EXSCUTIVE SESSIOh OF TH3 CI'rY COBMISSION An Executive Session to discuss urlior Contracts will be r.eld on Tuesday, July 9, 1991, at 5:00 P. M. , in the First Floor Conference Room, City Hall, pursuant to Florida statutes 447.605. ~'ftb£.~IIa.dt¡ Alison MacGregor Harty City Clerk THE EFFORT ALWAYS MATTERS Cf1/ß-tX~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1991 EXTENSION OF ABSENCE WITH PAY FOR RESERVISTS DATE: July 3, 1991 . This item is before you to extend the authorized absence, during which the City would pay the difference between City pay and military, for reservists called to active duty for the Desert Storm conflict. The Commission had previously approved an extension to a maximum of 180 days. This proposed extension would be for a period up to one year. The City currently has two employees still on active duty. Recommend the City continue to pay the difference between City pay and military pay for reservists called to active duty for the Desert Storm conflict for a maximum period up to one year. Delray Beach Police Department " ~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 _ . (407) 243-7888 Fax (407) 243-7816 MEMORANDUM TO: David T. Harden, City Manager FROM: Richard M. ~I" Lincoln, Interim Police Chief DATE: June 25, 1991 SUBJECT: ACTIVE DUTY RESERVISTS I received a copy of Mr. Safford's memorandum to you regarding extending the benefits that the City had committed to our active duty reservists during Desert Storm. At the present time, Officer G. Wesner has returned to his duties as a Delray Beach police officer effective June 25, 1991. The only other police officer remaining on active duty status is Officer J. Phoebus, who has returned from Saudi Arabia and is presently stationed at Fort Rucker, Alabama. I did send a letter to Officer Phoebus , commanding officer requesting consideration be given to his release from active duty so that he could resume his civilian function as a police officer due to the critical nature of his job. No reply has yet been received so it is unknown as to the anticipated length of Officer Phoebus' active duty status. RMLjppt ~ ,.",.-- -- ~ ~;.I'~jj ~~ 1; I' ~: ", ,,' I~~/.... ~ _\", ,,~I- . --..........-- a. AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY ! L p~-<~,- MEMORANDUM TO: David T. Harden City Manager $ FROM: Joseph M. Saffo Director of Finan~ SUBJECT: Extension of Absence with Pay for Reservists DATE: June 21, 1991 Please find attached previous correspondence and City Commission Minutes which extended the paid absence for reservists called to active duty to a maximum of 180 days. The City currently has three employees serving on active duty as part of the Desert Storm crisis and their status is as follows: 180 Days Employee Name Job Title Activated Expired/Expires WESNER, Gregory Police Officer 08-27-90 02-22-91 PHOEBUS, John Police Officer 01-07-91 07-05-91 CLINE, Matthew Street Maint Worker 03-20-91 09-15-91 NOTE: The Police Department has advised that Gregory Wesner may be returning at the end of June. We are requesting your consideration in bringing this issue to the City Commission for the purpose of granting another extension of the absence with pay for those reservists who are still on active duty and any future reservists who may still be called to active duty as part of the Desert Storm operation. An extension to (at least) a maximum of 308 days would be required in order to cover the reservist who was called to active duty during August of 1990. /sam Attachments cc: Richard Lincoln, Interim Police Chief John W. Elliott, Jr., Assistant City Manager/Support Services William H. Greenwood, Director of Environmental Services Nancy Jackson, Personnel Coordinator Madeleine Diaz, Payroll Specialist --~ . e . 9.G. Historic Preservation Design Guidelines Manual. The Commission rs--to consider formally adopting the Historic Preservation Design Guidelines Manual. Approval is recommended. Mr. Andrews moved for approval of the Historic Preservation Design Guidelines Manual, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. Designation as Historic Landmark. The Commission is to consid- er a report from the Historic Preservation Board recommending the designation of the Colony Hotel as an historic site and, if appropriate, direct staff to prepare an ordinance for formal ratification. Approval is recommended. Mr. Andrews moved for approval of designating the Colony Hotel as an historic site, seconded by Mr. Randolph. Upon question by Mr. Andrews as to why the site is being approved as opposed to the building, he was advised the recommendation was for the building and not the site. Mr. Andrews withdrew his motion, Mr. Randolph withdrew his second. Mr. Andrews moved for approval of designating the Colony Hotel and the annex to the north as an historic building, seconded by Mr. Randolph. Upon roll call the Commission voted as ~ollows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.1. Designation as Historic Landmark. The Commission is to consid- er a repoft from the Historic Preservation Board recommending the designation of the Flamingo Service Station as an historic site and, if appropriate, direct staff to prepare an ordinance for formal ratifica- tion. Approval is recommended. Mayor Lynch stated that the owner of the Flamingo Service Station is not in support of being designated as an historic landmark. Mr. Andrews moved for denial of the designation of the Flamingo Service Station as an historic landmark, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.J. Pay for Reservists on Active Duty. The Commission is to consider extending the pay and benefits for City employees who are reservists recalled to active duty due to the Desert Storm crisis. Dr. Alperin moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes: Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -23- 1/29/91 · Œp~«f2 j2£ì ,:tCe¡-¡ Ai.û5ìYCrrt.£/t,.LkCdú:JY7 [ITY DF DELRAY BEA[H '.- ~ ~~ . ,_,-1 :_ /-.;.; :.: :""~L:: ~;.¡..¡ MEMORANDUM TO: Mayor and City Commissioners r. L ,1 FROM: David T. Harden, City .Manager /'/" SUBJECT: Agenda Item *,r Reqular Meeting January 29, 1991 Policy Leave of Absence With Pay for Reservists DATE: January 24, 1991 City Commission is requested to review your policy adopted on October 16, 1990 concerning Leave of Absence With Pay for reservists called to active duty. Commission established a policy to pay reservists called to active duty the difference between their reservist salary and benefits and City pay for a period of ninety (90) days. This policy was effective immediately and was retroactive. As directed by Commission, vacation and sick pay were restored to those reservists on duty when the policy was adopted. One employee has already served past 90 days and two (2 ) other employees will reach the 90 day limit in February. We have had four ( 4 ) employees called to active duty since August. The status of each is as follows: 90 Days Expired/ Activated Expires Gregory Wesner Police Officer 8/27/90 11/24/90 Edward Robinson Police Officer 11/23/90 2/20/91 Roel Ritfield Police Officer 09/04/90-10/15/90 Reactivated 12/31/90 2/17/91 John Phoebus Police Officer 01/07/91 4/17/91 An additional two employees are active reservists and could be called to active duty. We do not know at this time how many inactive rese.rvists and retirees are employed by the City. If required, these personnel may also be recalled. T-;: E, ;:\ 1...\ ,':' ,-;\1 ,\ r Fe ~ s . - . . AGENDA ITEM # qj POLICY LEAVE OF ABSENCE WITH PAY FOR RESERVISTS On January 22, 1991 the State Legislature amended Sections 115.09 and 115.14 of the Florida Statutes allowing full pay for the first thirty (30) days of active duty and added a provision which permits the payment of pay differential to the level earned when called up to active duty without a time iimit. I recommend that City Commission approve compensation for City '. reservists on active duty for the difference between reservist salary .and benefits and the City salary for a maximum of 180 days.' DTH:rab:kwg MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1991 FINAL PLAT APPROVAL/OLD HARBOR PLAZA PLAT NO. 2 DATE: July 3, 1991 We have received a request for final plat approval for Old Harbor Plaza Plat No. 2, a replat of Old Harbor Plaza. This plat was originally, scheduled for Commission action in May 1990; however, the owner withdrew the request prior to the meeting. Old Harbor Plaza is located on Federal Highway and Linton Boulevard. The site includes various retail stores, restaurants and a gas station. The owner is proposing to subdivide the existing boundary plat to create two tracts. The gas station will be on one tract, with the remaining property on the other tract. By the ~reation of the gas station tract, the east property line will run through the middle of a 10' x 20' parking space. City Code requires a five foot perimeter landscape strip be provided between lots. In order to meet Code requirements, the owner has proposed eliminating the parking space and creating a landscape island. The modification has been determined to be non-impacting and therefore, has been administratively approved; however, the modification must be complete prior to the release of the plat for recordation. 'rhe Planning and Zoning Board at their February 26, 1990 meeting certified the final plat with the condition that the owner provide the easements for ingress/egress and drainage. That condition has been met and applicable reviews completed. Recommend approval of the final Plat for Old Harbor Plaza Plat No. 2 with the conditions that the easement for ingress/egress and drainage be recorded and that the perimeter landscape area be constructed prior to the release of the final plat for recording. ~', ~:J.d c!e) CL7ld2J;¿¿ì<LJ -l{ ¡AJ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: KATHLEEN E. DEARDEN, PLANNER II DEPARTMENT OF PLANNING AND ZONING J. Ko~i'~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 9, 1991 **CONSENT AGENDA** FINAL PLAT APPROVAL FOR OLD HARBOR PLAZA PLAT NO.2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for Old Harbor Plaza Plat No. 2, a replat of Old Harbor Plaza BACKGROUND: This plat was scheduled for approval by the City Commission on May 8, 1990, however the owner withdrew the request prior to the meeting. Thus the plat has been resubmitted for approval. The existing property known as Old Harbor Plaza is located at Federal Hwy. and Linton Blvd. in the Northeast corner. The site includes various retail stores, restaurants and a gas station. The owner of this property wants to subdivide the existing boundary plat of the property and create two tracts. One tract will be the gas station and the remaining property will be another tract. By the definition of "subdivision", per the L.D.R.'s, this property must be replatted. By the creation of the gas station tract, the east property line is proposed to run through the middle of a 10' x 20' parking space. As required by cod~ a 5 foot perimeter landscape strip must be provided between lots. In order to meet the codes the owner has proposed eliminating the parking space and creating a landscape island. The modification has been determined as nonimpacting and has been administratively approved. The modification must be complete prior to the release of the plat by the City for recording by the owner. · City Commission Documentation Final Plat, Old Harbor Plaza Plat No. 2 Page 2 The property has internal driveway connections, and integrated drainage system. As a condition of the plat by staff, separate agreements were required to accomodate the joint driveways and drainage system. These have been presented and will be required to be recorded prior to the release of the final plat to the owner. The petition for final plat has been accepted and has been reviewed and approved by all applicable departments. The final plat is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board certified the final plat, subject to one condition, at its meeting of February 26, 1990. The condition was that the owner was to provide the easements for ingress/egress and drainage. RECOMMENDED ACTION: By motion, approval of the final plat for Old Harbor Plaza Plat No. 2, with the conditions that; 1. the easement for ingress/egress and drainage be recorded prior to the release of the final plat for recording; 2. the nonimpacting site plan modification for providing the perimeter landscape area be constructed prior to the release of the final plat by the City for recording by the owner. Attachment: * Reduction copy of the final plat Ked:#90hpcc - - NORTH , ---...1..---- N 1~~ , . ,. 0 - ~ a ~ . ,. '" ! . . . .,. " ,"'" 0- ", 0 .,"~ ¡" j' .,. ., ' ", ". '" '" · . . ~ ." " , . . J' "~" " , , ~ >l "',...... ""0 _ "d ." ~ i-' ~ ) ~ ' ~ ~ ~ · , N ¡';':; (" , tG>/r'''' .þ 4° A!';? ~ Jf ; ¡jF " ~ oi / ;;." "00, . A , "<, " <:; % , 'eo' , "'4, ~.." ~ -9~~ "t~ "''t.'-' ,/ (;"'"11< ~~ . ~~ ~'.., <'. I ~', , .~ - t.. Þ~ , Z _ . ~ I !!.,~. ~ I 1',,- Ii - I .~'" \ ~ O' ,2'03"W :]z '" / . ¡.;z ~z NO 45,00' I ,.:I þ ~\. ",:¡S ..." '" 8'" 'oN I ÞI , ''',,~ _ -' " / '." -~N!!!~ON " . ;;. ~. ,..- "'I"I~ o,>~ N.'g, ~~Øl "', N. þN. I tì O'A ~.8.,. I. 'Y / .. m ;;;~ I °e· 8,1 / ~::¡ 11~' ( 1 ~~ I I · / .. . r ,. , '., z " 1 ~. "'"'' . , ëJ ~~dl' / z. _ _ _ __ '~.,.,,~,,_ ...." ~ 1- - - "J;4'>- ~ g Z LJ._, '7 '~,.".__ -.1_ ",,>_ · ~ I . - - - T '",',~ S, ~ rf - - - ~ '::-::-::>1L~ _ _ ..., ¡ c: ~.O>rt '-- - - ,I. ~ __ -..c, . - - !jy þ I _:--- .r __ , . . _. . , .. A , , . ~ ~ I ( ~'b ." .. ~ · .,,,, ", " o .v. " _ .'. j ~..... .!, ¡~ ' .. 8 " .. ' ~ , '" .' , .. - ~8.""'--z,,~ ) " .."" 8. . . , J.., ~ I::: __ ' r---¡~, '1 '<, ¡ , . I~ '-'. --' --"P,' , " . , ~-'" 8 NO, ,... ¡g ;¡; , ., , '" 8.~ r::--..... i:. .q '" .. ~ ~I:. _~: ' , J'. ", ¡ ., ,I " ' ''''', , ~~ ~: ~- ( z- .. ""ê "" '" g ~, RY SEWER EASEMENT ~ _ _ _ _ _I~_ 12' SANITA __ _ t_ _ _ -----~5V- ----r----- " ~.E--=- - - ~ __~____ _ ~ - - O~ ,. _ _ _ ~ C- __ . --- ---- , -IZ' UTILITY EASEMEN'T------ 562.50' "'00'.. '" w ,,' ,,'. . , uuu , . .. I. I "0 1 " 00 .. I , 1 , " !! I ¡, 1 . '. U I . _ . " , !;¡ ,I .-M ::: I :,,~~ g¡ ~ ~ I ¡; ~ ~ I N", I ::;: I .. I ;;: ~ I I I I I I I I 10000 CITY COMMISSION CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: July 9, 1991 AGENDA ITEM: - ITEM: Old Harbor Plaza Plat No. 2 - Final Plat Approval L- . I ~ tI II . It , DELIlA' I WAU. N LINtON IOULIY_ t .....r arr!rmrrd [) GENERAL DATA: Owner...........................New Harbor Partners, LTD. Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . James S. Kahn Location........................Northeast corner of South Federal Highway and Linton Boulevard. Property Size...................O.5275 City Land Use Plan..............General Commercial City Zoning.....................PC (Planned Commercial) Adjacent zoning.................North and east of the property is zoned RM (Multi-Family Residential), south is POC (Planned Office Center), and west is pc. Existing Land Use...............Existing Service Station and Retail Plaza. . . [ITY DF DELIAY BEA[H : '.J() . ... . July 10, 1991 Mr. Mark Adler 9~1-1 Coordinator P.B.C. Dept. of Public Safety 3111 South Dixie Highway Suite 208 West Palm Beach, FL 33405 Re: Appendix to the Interlocal Agreement Between Palm Beach County and the City of Delray Beach for the Enhancement and Maintenance of the E-911 Emergency Telephone Number System Dear Mr. Adler: Enclosed please find three ( 3) copies of the Appendix to the E-911 Interlocal Agreement between Palm Beach County and the City as the same was approved by the Delray Beach City Commission in regular session on July 9, 1991. It is my understanding that these interlocal agreement appendices will now be submitted to the Board of County Commissioners for approval. Upon approval by the County Commis'sion, kindly return an executed copy to this office for our file. Thank you for your cooperation. Sincerely, (21ùxnYTþ.~}/JLtjðl Jla:t1f Alison MacGregor Harty City Clerk AMH/m Enclosures cc: David T. Harden, City Manager Susan A. Ruby, Assistant City Attorney Chief Richard M. Lincoln, Police Department Major William Cochrane, Police Department Chief Kerry Koen, Fire Department THE EFFORT ALWAYS MATTERS APPENDIX As approved by the Board of County Commissioners on the day of 1991, the following nonrecurring ex- penses shall be procured and installed by the CITY OF DELRAY BEACH and the cost thereof shall be reimbursed by the COUNTY: MAXIMUM COST EQUIPMENT OR SERVICE TO COUNTY Logging Recorder $ 24,269.00 Instant Playback Recorder $ 10,360.00 The following recurring expenses will be procured by the CITY OF DELRAY BEACH and the cost thereof shall be reimbursed by the COUNTY: - MAXIMUM ANNUAL COST EOUIPMENT OR SERVICE TO COUNTY Maintenance of Instant Playback Recorders $ 440.00 ¡ Headsets .' $ 450.00 9-1-1 Printer Paper $ 200.00 9-1-1 Printer Ribbon $ 100.00 T. D. D. Maintenance $ 200.00 Cellular Telephone Access Fees $ 720.00 . . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # .. D - MEETING OF JULY 9, 1991 APPENDIX TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY/E-911 EMERGENCY TELEPHONE NUMBER SYSTEM DATE: July 3, 1991 The interlocal agreement between the City and Palm Beach County for the E-911 Emergency Telephone Number Systems contains a provision which requires that the appendix attached thereto be revised 60 days prior to October 1st on an annual basis to reflect the anticipated maximum for recurring and nonrecurring expenses that will be reimbursed to the City by the County. The purpose of this appendix is to establish not to exceed funding levels for equipment acquisition, installation, upgrades, maintenance, and other costs related to the 911 emergency telephone system. Estimated expenditures for nonrecurring expenses include the purchase and installation of: -logging recorder ($24,269) -instant playback recorder ($10,360) Estimated expenditures for recurring expenses are as follows: -maintenance of instant playback recorders ($440) -headsets ($450) -911 printer paper ($200) -911 printer ribbon ($100) -T.D.D. Maintenance ($200) -Cellular Telephone Access Fees ($720) The approval of this list of equipment and installation of the items shown on the appendix is required by contract. Payment of the reimbursable costs incurred by the City will be made within 45 days of receipt of the invoices and supporting materials by the 911 management office. Recommend approval of the appendix to the interlocal agreement between the City and Palm Beach County for the enhancement and maintenance of the E-911 Emergency Telephone Number system. .. . ~T'~~~ . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET. SUITE 4 . DELRA Y BEACH, FLORIDA 33483 407/243· 7090 . TELECOPIER 407/278-4755 MEMORANDUM DATE: June 2 1 , 1991 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Appendix to the Interlocal Agreement Between Palm Beach County and the City for the Enhancement and Maintenance of the E-911 Emergency Telephone Number System Last year the City entered into an agreement with the County regarding upgrading and maintenance of the City's emergency telephone system. The purpose of the agreement was to establish not to exceed funding levels for: equipment acquisition costs; maintenance and rein.<::urring costs; responsibilities; completion dates of equipment installations and upgrades; reimbursement procedures; establishment of performance standards; and related procedures; and to define provisions pertaining to the 911 emergency telephone system. The agreement requires that the appendix thereto be revised sixty (60) days prior to October 1st on an annual basis to reflect the anticipated maximum for reoccurring and non-reocurring expenses to be reimbursed to the City of Delray Beach by the County. The agreement requires approval of the appendix by the City and approval by the Board of County Commissioners. The agreement states the payment in reimbursement of costs incurred by the City will be made upon receipt of invoices delivered to the 911 management office. Further, the agreement states the payment will normally be made by the County wi thin forty-five (45) days of receipt of the invoices and supporting materials. The approval of the list of equipment and installation of the items shown on the appendix is thus required by contract. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the first available City Commission Agenda for approval. City Commission June 21, 1991 Page 2 Mark Adler, 911 Coordinator for the County indicates that we have until August 1st at the very latest to approve and return the Interlocal Agreement appendices. The return of the appendices should be accompanied by a letter indicating the City Commission's action on the matter. Please do not hesitate to contact me if you have have any questions regarding this matter. Attachment cc David Harden, City Manager Chief Rick Lincoln, Delray Beach Police Department Major Cochrane, Delray Beach Police Department Chief Kerry Koen, Delray Beach Fire Department --. -- I· Delray Beach Police Department ~ ~ 300 West Atlantic Avenue · Delray Beach, Florida 33444·3666 _ . (407) 243-7888 Fax (407) 243-7816 MEMORANDUM TO: Jeffrey S. Kurtz, City Attorney FROM: William H. Cochrane, MajOr~ Acting Chief of Police DATE: June 19, 1991 SUBJECT: APPENDIX TO E-911 INTERLOCAL AGREEMENT Pursuant to the recent request by the 911 Coordinator for Palm Beach County, the attached appendix needs to be approved by the City of Delray Beach and returned to them by July 1st. As noted in the attached form, no. space is available for approval signatures. and I am seeking your direction as to whether or not the City Commission needs to act on thi s or whether some other action needs to be taken. -. - - Due to the time frame involved, please consider this at your earliest convenience so that we will retain the ability to recover costs from Palm Beach County related to our E-911 P.S.A.P. (Public Service Answering Point). WHC/ppt Attachments ~ . .~'-' ~-.', ~ ·t'fi -. ;.,' 1. - P._ ,: ,,' ~ ".,."",,~ . . - - -':." .. a. AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY ~ Ba.¡t\·ä of County Commissioners County Adminiøtrator · .Karen T. Marcus, Chair Jan Winters Carole Phillips, Vice Chair Carol A. Roberts Department of Public Safety Carol J. Elmquist Mary McCarty ~ivision of Ken Foster Emergency Meuical Services Maude Ford Lee . M E M 0 RAN DUM TO: All PSAPs DATE: January 7, 1991 FROM: Mark Adler /Il ¡(þ 9-1-1 Coordinator RE: Budget for Fiscal Year 1991-92 ================================================================== Yes, it's budget time again. Sorry that I'm a little late but those end of the year vacations messed up the timetables a little. There should still be sufficient time to prepare the budget for your PSAP so that we can meet the deadline of March 1, 1991, es- tablished . by the state Division of Communications for sUbmitting Florida Emergency Telephone Act Budget for 1991-92. The following schedule reflects the projected dates for the imple- mentation of the interlocal agreements and their appendices. The interlocal agreement completed in 1990 requires the review and re- vision of the Appendix annually. Jan. 1 - ----All agencies involved in the 9-1-1 System begin preparation of the 1991-92 budget for their agency. Feb. 1 - Deadline for sUbmitting projected changes to Southern Bell 9-1-1 equipment during FY 1991/92 to Jim Bastian. Feb. 15- Deadline for all agencies to submit their 1991-92 bud- get to 9-1-1 Management. Preparation of the budget by 9-1-1 Management for presentation to the State Division of Communications begins. Mar. 1 - Deadline for submitting budget to the state Division of Communications. April 1- 9-1-1 Management distributes new appendices to interiocal agreements for approval by the Municipali- ties. July 1 - Deadline for the approval and return of interlocal agreement appendices by municipalities. Oct. 1 - Interlocal agreement appendices prepared and ready to be submitted to the Board of County Commissioners. Begin- ning of 1991/92 Fiscal year. Nov. 15 - Following approval by the Board of County commissioners monies approved in the interlocal agreement appendices may be expended. , .. An Equal Opportunity - Affirmative Action Employer" 3111 South Dixie Highway, Suite 208,~est Palm Beach, FL 33405 ~ printed on 'IIcycllld pøPII' (407) ]55-6050 MEMORANDUH TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ SUBJECT: AGENDA ITEM # ~ t:. - MEETING OF JULY 9, 1991 SERVICE AUTHORIZATION NO. I/HAZEN AND SAWYER DATE: July 3, 1991 This is a Service Authorization, in the amount of $52,620, to the contract between the City and Hazen and Sawyer for the preparation of the Water System Master Plan. The scope of service for this Authorization is divided into five phases: Investigative, Field, Analysis, Recommendation, and Master Plan Development. During Phase I data will be compiled and review with regard to location of service areas¡ projected future need requirements¡ "problem areas"¡ and, user unit water demands. Phase II consists of reviewing system performance and identification of key areas for field tests; a field study of the distribution system to provide base data for distribution system modeling; trunk main gauging and pressure records; and, Hazen-Williams "C" valve flow tests and hydrant flow tests. It should be noted that the City will be required to install all field gauging connections, flow meters, pressure recorders and associated transportation and labor as reqüested by the consultant. Phase III consist of developing a mathematical model of the water distribution system which will be used to identify required facilities to maintain adequate water supply and pressure for consumption and fire flow demands. During Phase IVan economic analysis of the various options derived in the previous tasks will be done to determine the most economical options available to the City. In addition, the consultant will attend a City workshop meeting to describe current and anticipated problem areas, relative priorities, and costs and funding needs associated with recommended water distribution system improvements. A final recommendation of needed improvements to the water distribution system based upon prioritized need and capital costs will also be provided. Phase V consists of preparing the actual Master Plan and making adjustments to the Plan as necessary. The cost for these services is $52,620. Funding is available in Water and Sewer Repair and Replacement/Master Plan Update (Account No. 442-5178-536-61.92. Account balance $52,620. Recommend approval of Service Authorization No. 1 in the amount of $52,620, to the contract between the City and Hazen and Sawyer for the preparation of the Water System Master Plan. . 11 . . . . .f' Agenda Item No.: AGErmA REQUBST Date: 6/28/91 Request to be placed on:' Consent XXX aeq~ Agenda Special Agenda Workshop Agenda When: 7/9/91 Description of agenda item (who, what, where, how much): Request City Commission to approve Service Authorization No.1 with Hazen and Sawyer for the preparation of the Water Svstem Master Plan in the amount of $52,620. Funding shall be from 442-5178-536-61.95. Renewal ann Replacement Fund. ORDlHANCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of Service Authorization No.1. . t; Department Head Signature: {p:;1'~~~~ró-~(/ Deteraination of Consistency with Coaprehensive Plan: ~ City Attorney Reviewl Recommendation (if applicable): . Budget Director ~ew I.required on all 'iteas involving expenditure of funds) =1.1"",. 1 ) Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: bJJs ~AI~MJ4/.., B..ßJ....t!~MI.#Þ~+ Account Balance: SDIIOO' m. ~ fl /,I~ . + 2, 1.10 IS.,..-r r:ï... c.c".. Ä) ~ C, C1ty Manager Review: __, ~ IJ'I~.S I'/t- 51' .1.1-'15 Approved for agenda: §/ NO !í~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved -- .' CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 28. 1991 SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. 91-17 CITY EXPENSE CODE: 442-5178-536-61.95 PROJECT NO. (CITY) 4057 (HAZEN AND SAWYER, P.C.) TITLE: Water Distribution System Master Plan I. PROJECT DESCRIPTION This project will consist of the development of a prioritized capital Improvement program for water distribution system Improvements. This program will serve as a comprehensive document which details the condition of the existing systems and recommends the expansion, rehabilitation and cost of Improvements required to enhance service to the existing customers and provide service to new customers In a timely and cost effective manner. II. SCOPE OF SERVICES The services provided under this service authorization will be divided Into phases which are subdivided Into defined tasks. Upon completion of each task, the consultant will prepare technical memorandums describing In detail the results of the study task and associated recommendations. This approach will allow the prioritization and expeditious delivery of some of the elements of the master plan that are critical to the planning, expansion and/or modifications of the water distribution system. The final water distribution system master plan will Incorporate the results of all study elements and recommendations Into a final planning document. The following is the description of the phases and tasks to be completed: Phase I - Investlaatlve Phase TASK 1.1 Define present and future service areas and local service zones based upon existing system mapping Infonnatlon and planning data. TASK 1.2 Review most recent census data and relevant data available from the City Planning Department to project future requirements. TASK 1.3 Review all the existing water and wastewater master plan documents, prior studies and reports and other pertinent Infonnatlon. Consultant shall conduct a one day retreat with planning, utilities, fire and other affected city department staff representatives to develop a master list, In order of priority of ·problem areas· to be evaluated during the study. 4053COO5.BcaI06-28-91 1 - TASK 1.4 Review selected customer water billing records to determine residential, condominium, commercial, Industrial and miscellaneous user unit water demands (gallons per capita, per day, etc.) In order to allocate water demands based upon established service areas and local service zone for system modeling purposes. TASK 1.5 Consultánt shall prepare one or more (as appropriate) technical memorandums describing the results of the Phase I Investigations with specific Identification of "problem" areas (by priority). In addition, specific recommendations contained In prior studies and reports will be evaluated and recommendations made (proceed, cancel, reconsider, etc.) under this phase of the study. PHASE II -Field Phase TASK 2.1 Consultant shall review existing City operating records to determine the current performance of distribution system elements (high servlCEt pumps, trunk main flows, storage tank levels, etc.) to assist In the determination of overall system performance and the Identification of key areas for specific field tests. Consultant shall conduct a field study of the distribution system to determine performance of the existing system and to provide base data for distribution system modeling to supplement existing operating data, as appropriate. Trunk main gaugings and pressure recordings will be conducted for periods of twenty-four hours at approximately six to eight locations In the system. Information obtained at each location will Include hourly flow pattern, hourly pressure pattern, maximum rate of flow, maximum velocity and minimum rate of flow. The gauging points will be selected so as to obtain Information on specific areas. In addition to determining how water circulates throughout the system, the trunk main gauglngs will show If there are any closed valves on major mains. Hazen-Williams "C" value flow tests and hydrant flow tests will be conducted on key mains and on a representative number of smaller mains. In addition to providing Information for the computer model, the tests will help determine the presence of closed or throttled valves on the larger mains and missing sections in smaller mains. Up to six (6) tests would be conducted on mains 12 Inches and larger, and ten (10) tests on mains 10 Inches and smaller. City will provide and Install all field gauging connections (typically on fire hydrants or hose blbbs), flowmeters, pressure recorders and associated transportation and labor as requested by the Consultant. Phase III - Analysis Phase TASK 3.1 Develop mathematical model of the water distribution system taking Into account the results of tasks for model calibration and verification. Model shall be based upon the WATERWORKS software package. Utilize model to Identify required facilities to maintain adequate water supply and pressure for consumption and fire flow demands based upon planned and projected growth. Results will be plotted and capital Improvements shall be Identified by using AutoCAD overlay maps of the system. Completed model shall be furnished to the City for future analyses. 4053COO5.BcaI06·28-91 2 - TASK 3.2 Evaluate model results and provide a list of feasible options for rehabilitations, Improvements and expansion of the existing distribution system and prepare technical memorandum based upon established priorities. Phase IV - Recommendation Phase TASK 4.1 Perform economical analysis of the various options derived In the previous task and determine the most economical options available to the City. Consultant shall review the adequacy of current Impact fees to fund growth and redevelopment related Improvements based upon anticipated Mure connections and the upgrade of existing connections. Consultant shall estimate the amount of revenues to be derived from current Impact fees resulting from anticipated growth and redevelopment The timing and amount of additional funds required to supplement projected Impact fee revenues shall be determined based upon established capital program priorities. TASK 4.2 Conduct workshop session with City commission to describe current and anticipated problem areas, relative priorities, costs and funding needs associated with recommended water distribution system Improvements. TASK 4.3 Prepare final recommendation of needed Improvements to the water distribution system based upon prioritized needs and capital cost. Phase V - Master Plan DeveloDment TASK 5.1 Prepare draft Master Plan for the water distribution system and submit for City staff review and comments. TASK 5.2 Obtain feedback from City and make final adjustments and prepare final Master Plan document. III. BUDGET ESTIMATE OF SERVICES The estimated manhours for the services provided Is 682 hours for a total cost of $ 52,620 Including reimbursable expenses. Fees shall be billed on an hourly basis plus reimbursable expenses. IV. COMPLETION DATE The estimated completion date of this work Is six months from notice to proceed with progress memorandums as each Intermediate phase Is completed. 4053COO5.BcaI06-28-91 3 APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRA Y BEACH - DAY OF By: CITY OF DELRA Y BEACH. a municipal corporation of the State of Florida ATTEST: By: ~ ~ Mayor BEF E ME. the foregoing Instrument. this 28th day of June 1991, was acknowledged by ATTEST: Gary W. Bors, Vice President on behalf of the Corporation and said person By: executed the same tree and voluntarily for the City Clerk purpose therein expressed. APPROVED AS TO FORM: By: WITNESS my hand and seal In the County and City Attomey State aforesaid this ~ ¡{ day o~. 1991. Notary Public State of Florida My Commission Expires: NOTARY PUBlIC STATE OF FLORIDA MY COMMISSION EXP. JAN. 9.1995 BONDED THRU GENERAL INS. UND. (Seal) . 4053COO5.BcaI06·28-91 4 "._-~----~ , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (J"./I CITY MANAGER SUBJECT: AGENDA ITEM # ß~ - MEETING OF JULY 9, 1991 SERVICE AUTHORIZATION NO. 2/HAZEN AND SAWYER DATE: July 3, 1991 This is a Service Authorization, in the amount of $78,200, to the contract between the City and Hazen and Sawyer for the preparation of the Wastewater Master Plan. The scope of service for this Authorization is divided into five phases: Investigative, Field, Analysis, Recommendation, and Master Plan Development. During Phase I data will be compiled and reviewed from, existing water and wasterwater master plan documents¡ results and recommendations from the on-going hydraulic study of the eastern force main systems¡ and, user unit wastewater flows. Phase II consists of reviewing telemetry system report information¡ a field study of the system to provide location and routing of current flows and performance of the existing wasterwater transmission and pump station system¡ review of force main gauging and pressure recordings¡ and, performance of Hazen-Williams "C" value tests. It should be noted that the City will be required to provide and install all field gauging taps, flow meters, pressure recorders and associated transportation and labor as requested by the consultant during this phase. Phase III consists of developing a mathematical model of the pump station and force main system. During Phase IVan economic analysis of the various options derived in the previous tasks will be done to determine the most economical options available to the City. The consultant will also review the adequacy of current impact fees to fund growth and redevelopment related improvements based upon anticipated future connections and upgrade of connections. In addition, the consultant will attend a City Commission workshop meeting to describe current and anticipated problem areas, relative priorities, costs and funding needs associated with recommended pump station and transmission system improvements. Phase V consists of preparing the actual Master Plan and making adjustments to the Plan as necessary. The cost for these services is $78,200. Funding is available in 1991 Water and Sewer Revenue Bond (Account No. 447-5164-536-33.11). Account balance $293,949. Recommend approval of Service Authorization No. 2 in the amount of $78,200, to the contract between the City and Hazen and Sawyer for the preparation of the Wastewater Master Plan. · - " 0 . t, - , . ,. Aqenda Item No.: AGENDA REQUBST Date: 6/28/91 Request to be placed on:- Consent xxx X x~~{i<ï¡<rxXAgenda Special Agenda Workshop Agenda When: 7/9/91 Description of agenda item (who, what, where, how much): Request City Commission to approve Service Authorization No.2 with Hazen and Sawyer for the prp.p~r~T;nn nf Tþ~ Wastewater Master Plan in the amount of $78 200. Fundin shall be from 447-516 - Water and Sewer Revenue Bond. ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of Service Authorization Nn. , . t; Department Head Signature: 1I/Ø'j ilo-~ ~) Deter.ination of Consistency with Co.prehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Dire~r Review (required on alliteas involving expenditure of funds I : 1. Fund g available: YES/ NO Funding alternatives: (if applicable) Account No. & Des~"tl ~. 6/- '0/$ Account Balance: City Manager Review: If'l'f' $/1 I/-ç" - ~./I Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved - , CITY OF DELRAV BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 28. 1991 SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES CITY P.O. NO. 91-16 CITY EXPENSE CODE: 447 -5169-536-33.11 PROJECT NO. (CITY) 4058 (HAZEN AND SAWYER, P.C.) TITLE: Wastewater Transmission System Master Plan I. PROJECT DESCRIPTION This project will consist of the development of a prioritized capital Improvement program for the wastewater pump station and transmission systems. This plan will serve as a comprehensive document which details the .condltlon of the existing systems and recommends the expansion, rehabilitation and cost of improvements required to enhance service to the existing customers and provide service to new customers In a timely and cost effective manner. II. SCOPE OF SERVICES The services provided under this service authorization will be divided Into phases which are subdivided Into defined tasks. Upon completion of each task, the Consultant will prepare technical memorandums describing In detail the results of the study task and associated recommendations. This approach will allow the prioritization and expeditious delivery of elements of the master plan that are critical to the planning, expansion andlor modifications of the wastewater pump station and transmission systems. The final wastewater transmission system master plan will incorporate the results of all study elements and recommendations Into a final planning document. The following Is the description of the phases and tasks to be completed: Phase I - Investleatlve Phase TASK 1.1 Define present and future service areas and local service zones based upon existing system mapping Information and planning data. TASK 1.2 Review most recent census data and relevant data available from City Planning Department. TASK 1.3 Review all the existing water and wastewater master plan documents, prior studies, reports and other pertinent Information. Consultant shall conduct a one day retreat with planning, utilities, and other affected city department staff representatives to develop a master 8st, In order of priority of ·problem areas· to be evaluated under the study. This task shall be completed concurrently with TASK 1.3 of the water distribution system master plan study. 4053C006. BcaI06-28-91 1 - . TASK 1.4 Consultant shall review the results and recommendations of the on-going hydraulic study of the eastern force main system pertaining to proposed modifications to the City's master pump station. Results and final recommendations shall be Incorporated Into the overall pump station and transmission system analysis to be performed under this service authorization. TASK 1.5 Review selected customer water billing records to determine residential, condominium, commercial, Industrial and miscellaneous user unit wastewater flows (gallons per capita, per day, etc.) Allocate wastewater flows based upon established service areas and local service zones for system modeling purposes. TASK 1.6 Consultant shall prepare one or more (as appropriated) technical memorandums describing the results of the Phase I Investigations with specific Identification of ·problem· areas (by priority). In addition, specific recommendations contained in prior studies and reports will be evaluated and recommendations made (proceed, cancel, reconsider, etc.) under this phase of the study. Phase II - Field Phase TASK 2.1 Consultant shall review telemetry system historical shift and dally report information, trend data and associated real-time telemetry Information to determine the current performance of transmission system elements to assist In the determination of overall system performance and the identification of key areas for specific field tests. Though the use of the telemetry system, custom reports shall be generated, as appropriate, to document system performance (pump station run combinations, hourly run times, etc.) and establish diurnal (time variant) usage patterns for subsequent model verification efforts. Conduct field study of the system to determine the routing of current flows and performance of the existing wastewater transmission and pump station system to supplement telemetry system data. Force main gaugings and pressure recordings will be conducted for periods of twenty-four hours. Information obtained will include hourty flow pattern, hour1y pressure pattern, maximum and minimum rate of flow, maximum and minimum velocity. Hazen-Williams ·C· value tests will be conducted on key force mains of differing materials to provide friction and velocity Information for the computer model. City will provide and Install all field gauging taps, flow meters, pressure recorders and associated transportation and labor. as requested by the Engineer. ~~.B~-28-91 2 - Phase III - Analvsls Phase TASK 3.1 Develop mathematical model of the pump station and force main system taking· into account current and projected wastewater flows within individual collection zones. Determine the adequacy of pumping stations to meet future pressure/flow conditions under various operational scenarios. Consultant shall review current flow routing schemes and recommend modifications to minimize repumping where feasible. The City shall furnish basic pump station data to the engineer from maintenancellnventory records complied for each station. Data shall Include pump performance curves, station configurations (two pumps, three pumps, variable speed, etc.) and related data for Implementation. Results will be plotted and capital Improvements shall be Identified by using AutoCAD overtay maps of the system. Completed model, WATERWORKS software package and computer equipment shall be furnished to the City for future analyses. TASK 3.2 Evaluate model results, recommend modifications to the existing system to efficiently route wastewater flows and develop a list of feasible options for rehabilitations, Improvements, and expansion of the existing wastewater pump station and transmission system and prepare technical memorandum based upon established priorities. Phase IV - Recommendation Phase TASK 4.1 Perform economical analysis of the various options and determine the most economical workable scenario available to the City. Consultant shall review the adequacy of current Impact fees to fund growth and redevelopment related Improvements based upon anticipated future connections and the upgrade of existing connections. Consultant shall estimate the amount of revenues to be derived from current Impact fees resulting from anticipated growth and redevelopment. The timing and amount of additional funds required to supplement projected Impact fee revenues shall be determined based upon established capital program priorities. TASK 4.2 Conduct workshop session with City commission to describe current and anticipated problem areas, relative priorities, costs and funding needs associated with recommended pump station and transmission system Improvements. TASK 4.3 Prepare final recommendation of needed Improvements to the wastewater collection system based upon prioritized needs and capital cost. Phase V - Master Plan Development TASK 5.1 . Prepare draft Master Plan for the wastewater pump station and transmission systems and submit for City staff review and comments. TASK 5.2 Obtain feedback from City and prepare final Master Plan document. 4053C006.BcaI06·28-91 3 - III. BUDGET ESTIMATE OF SERVICES The estimated manhours for the services provided Is 922 hours for a total cost of $ 78,200 including reimbursable expenses. Fees shall be billed on an hourty basis plus expenses. IV. COMPLETION DATE The estimated completion of this work Is six months from notice to proceed with progress memorandums as each Intermediate phase Is completed. ..... APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRA Y BEACH - DAY OF By: CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATTEST: By: ~ Mayor BEF E ME, the foregoing Instrument, this 28th Clay of June 1991, was acknowledged by ATTEST: Gary W. Bors, VIce President on behalf of the Corporation and said person By: executed the same free and voluntarily for the City Clerk purpose therein expressed. APPROVED AS TO FORM: By: WITNESS my hand and seal In the Coupty and City Attorney State aforesaid this c:l K' day Of~~ ~ 1991. Notary Public State of Florida My Commission .Explres: (Seal) NOTARV PUBLIC STATE OF FLORIDA M~ COMMISSION EXP. JAN. 9,1995 BONDED THRU GENERAL INS. UNO. 4053C006.BcaI06-27·91 4 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: \&1 CITY MANAGER ß& SUBJECT: AGENDA ITEM # - MEETING OF JULY 9, 1991 SERVICE AUTHORIZATION NO. 3/HAZEN AND SAWYER DATE: July 3, 1991 This is a Service Authorization, in an amount not to exceed $25,000, to the contract between the City and Hazen and Sawyer for technical support on the Water Treatment Plant Telemetry System improvements. The scope of service of this authorization includes a review of the on-going water and wastewater telemetry system expansion, including system integration with proposed improvements to the City's water treatment plant. Work shall be performed on an as-requested basis. 'I'he consultant shall not proceed without specific written direction from the City. Fees shall be billed on an hourly basis, plus reimbursable costs. The cost for these services will not exceed $25,000. Funding is available in 1991 Water and Sewer Revenue Bond (Account No. 447-5164-536-33.11) . Account balance $318,949. Recommend approval of Service Authorization No. 3, in an amount not to exceed $25,000, to the contract between the City and Hazen and Sawyer for technical support on the Water Treatment Plant Telemetry System improvements. . . fl . . . ,. Agenda Iteat No.: AGBBDA REQUBST Date: 6/28/91 Request to be placed on:. xxxx ~~\~& Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what. where, how much): Request City Commission to a rove Service Authorization No.3 with Hazen and Sawyer for Technical Support on the Water Treatment Plant Lime Conversion Project. In the amount of . Funding shall be from 447-5164-536-33.11 1991 Water and Sewer Revenue Bond. ORDIHANCE/ RESOLUTIOY REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of Service Authorization No.3. . t; Department Head Signature: ;x..">..-- ~~ _/-c-:=:: Deteraination of Consistency with Co.prehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of fUnd8)'J.'¡'~ Fun Ing available: YES/ NO Funding alternatives: (if applicable) Account No. & Des~on:~~. Q- (,.)/ s Account Balance: '" '''I-S",/·SS' - ~!.II City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ~ CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 28, 1991 SERVICE AUTHORIZATION NO. 3 FOR CONSUL TING SERVICES CITY P.O. NO. 91-22 CITY EXPENSE CODE: 447 -5164-536-33.11 PROJECT NO. (CITY) 4053 (HAZEN AND SAWYER, P.C.) TITLE: Telemetrv/Control System Technical SUPDOrt I. PROJECT DESCRIPTION Provide engineering and technical support to City staff for the conceptual planning and review of the water plantltelemetry system Improvements Including Interfacing existing and future telemetry data with the proposed water treatment plant InstNmentatlon and control system. Services shall be provided on an as-requested basis tor review of specific technical Issues. II. SCOPE OF SERVICES Consultant shall assist City staff In the planning and engineering review of on-golng water and wastewater telemetry system expansion, including system Integration with proposed improvements to the City's water treatement plant. Work shall be performed on an as-requested basis. Services may Include: review of communications media, Identification of additional RTU functions and/or sites for enhanced monitoring, water plant process control system review, real time system data reporting enhancements, and related information network Implementaiton guidance. Consultant shall not proceed with services under this autholzatlon without specific written direction from the City's project representative. Fees shall be billed on an hourly basis plus reimbursable costs. III. BUDGET ESTIMATE OF SERVICES The estimated manhours for the services provided Is 300 hours for a total not to exceed cost of $25,000. IV. COMPLETION DATE Services shall be completed as requested by the City. 4053COO7.BcaI06-28-91 ~- ... ~, , CITY OF DELRAY BEACH SERVICE AUTHORIZATION NO. -ª-- Pege Two APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRA Y BEACH - DAY OF By CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATTEST: By: ~a--..J ~ ,<--./ Mayor BEF E ME, the foregoing Instrument, this 28th day of June 1991, was acknowledged by ATTEST: Gary W. Bors, Vice President on behalf of the Corporation and said person By: executed the same free and voluntarily for the City Cieri< purpose therein expressed. APPROVED AS TO FORM: By: WITNESS my hand and seal In the C0-~ City Attorney State aforesaid this cR tf' day of . 1991. Notary Public State of Florida My Commission' expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. JAN. 9,1995 (Seal) BONOED THRU GENERAL INS. UNO. 4053COO7.BcaI06-28-91 - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROIvJ. : ~ITY MANAGER ß\t SUBJECT: AGENDA ITEM # - MEETING OF JULY 9, 1991 SERVICE AUTHORIZATION NO. 4/HAZEN AND SAWYER DATE: July 3 , 1991 This is a Service Authorization, in an amount not to exceed $14,720, to the contract between the City and Hazen and Sawyer for design, bidding, and construction phase services for the five ( 5 ) water lines interconnection to dead end portions of the City's water distribuiton system as recommended by Post, Buckley, Schuh and Jernigan in the Master Plan. The scope of service of this authorization includes preparation of contract drawings, technical specifications, and permit applications for the interconnections. Specific interconnections are as follows: -Ten inch diameter interconnection on Military Trail south of the L-34 canal. -Twelve inch diameter interconnection on Military Trail south of the L-35 canal. -Six inch and ten inch diameter interconnections east of U.S. 1 in the Tropic Isles area. -Twelve inch diameter line on S.E. 6th Avenue serving the existing Intracoastal Waterway Crossing. The City will be required to provide excavation labor, equipment and materials which may be required to locate the alignment and elevation of existing pipelines. In addition, the City will also be responsible for the payment of permit application fees. The cost for these services will not exceed $14,720. Funding is available in 1991 Water and Sewer Revenue Bond (Account No. 447-5164-536-33.11) . Account balance $284,849. Recommend approval of Service Authorization No. 4, in an amount not to exceed $14,720, to the contract between the City and Hazen and Sawyer for design, bidding, and construction phase services for the five ( 5 ) water line interconnections recommended by Post, Buckley, Schuh and Jernigan in the Master Plan. - ~ . '/ . . . .. Aqenda Item No.: AGBNDA aBQDBST Date: 6/28/91 Request to be placed on:" Consent XXXXX xJOOrtW~ Agenda Special Agenda Workshop Agenda When: 7/9/91 an ORDINAHCB/ RBSOLO'l'IOH REQDIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of Service Authorization No.4. . t( Department Head Signature: 1t~B [~~,_~~fl Deterainatlon of Consistency with Coaprehenslve Plan: ='f' City Attorney Review/ Recommendation (if applicable): Budqet Di~r Review ( required on all "iteas involving expenditure of funds): Fund ng available: YES/ NO Funding alternatives: ()f applicable) Account No. & Des~on: ~71 A~. /JJ - l.J :J' Account Balance: " . ' I/C¡1-SI1t/-ÇI¿.1I-7r City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved - CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 28, 1991 SERVICE AUTHORIZATION NO. 4 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: 447-5174,.536-61.78 PROJECT NO. (CITY) 4059 (HAZEN AND SAWYER, P.C.) TITLE: Water Distribution System Improvements I. PROJECT DESCRIPTION Provide engineering services for the preparation of contract drawings and technical specifications to Interconnect -dead end- segments of the existing water distribution system to enhance circulation and system pressures. Required Interconnections were Identified and recommended in prior engineering studies. II. SCOPE OF SERVICES Consultant shall prepare contract drawings and technical specifications and permit application for the Interconnection of key water distribution system segments Identified and recommended under prior studies. Specific Interconnections are as follows: · 10-inch diameter interconnection of Military Trail south of the L-34 canal. · 12-lnch diameter Interconnection of Military Trail south of the L-35 canal. · 6-lnch and 10-lnch diameter interconnections east of U.S. 1 in the Tropic Isles area. · 12-lnch diameter line on S.E. Sixth Avenue serving the existing Intracoastal Waterway Crossing. Excavation labor, equipment and materials which may be required to locate the alignment and elevation of existing pipelines verify available underground utility records will be provided by City forces. Permit application fees shall be paid by the City. III. BUDGET ESTIMATE OF SERVICES The lump sum fee will be $14,720 Including reimbursable expenses. IV. COMPLETION DATE The estimated completion date of this work Is 90 days from notice to proceed. 4053C003.BcaJ06-27-91 - , CITY OF DELRA Y BEACH SERVICE AUTHORIZATION NO. -L Page Two APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRA Y BEACH - DAY OF By CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATTEST: By: Mayor BEF E ME, the foregoing instrument, this 28th day of June 1991, was acknowledged by ATTEST: Gary W. Bors, Vice President on behalf of the Corporation and said person By: executed the same free and voluntarily for the City Clerk purpose therein expressed. APPROVED AS TO FORM: By: WITNESS my hand and seal in the County and City Attorney State aforesaid this c::< ð" day of~ 1991. Notary Public State of Florida My Commission expires: .:':1,\1 . ¡"dn' p , i.. I,:'" t-! jlHd~ III \,:,'~I::".¡ll.' ,,' ,jql ':1,t'1')~' (Seal) ,'. ¡lili.': ',,'," (,0 ,[·fOAI ¡rr-;. lJ:'IC 4053COO3.Bca/06-27-91 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fr"1 SUBJECT: AGENDA ITEM # RC - MEETING OF JULY 9, 1991 RESOLUTION NO. 52,.-91 DATE: July 3, 1991 This item is a Resolution assessing costs for abatement action required to remove nuisances on 25 properties located within the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 52-91 assessing costs for abating nuisances on 25 properties located within the City. " I r r RESOLUTION NO. 52-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence 0 f a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 öf the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordipances, or if the property owner(s) did request and receive a hearing, said prop- erty owner (s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice (s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty ( 30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be I placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the Ci ty Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991- MAY 0 R ATTEST: City Clerk , - 2 - Res. No. 52-91 I ,,'. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 71, TROPIC PALMS PLAT 1, BELLA OCKMAN $ 35.00 PB 25, P 99, PUBLIC RECORDS, 7850 BYRON AVENUE #607 35.00 (ADM. COST) PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141 (RECORDING) (LINDELL BLVD) LOT 97, TROPIC PALMS PLAT l, BELLA OCKMAN $ 35.00 PB 25, P 99, PUBLIC RECORDS, 7850 BYRON AVENUE #607 35.00 (ADM. COST) PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141 (RECORDING) (HERON DRIVE) LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 48.00 PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM, COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (206 SW 2ND AVENUE) LOT 3 BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 52.00 PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (206 SW 2ND AVENUE) LOT 321, TROPIC PALMS PLAT 1, MICHELLE GRZESIAK $ 50.00 PB 25, P 99, PUBLIC RECORDS, 607 NE 17TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL FT. LAUDERDALE, FL 33304 (RECORDING) (MALLARD DRIVE) LOT 29, BLK B, TOURIST NOOK, DELVERNA C. RILEY $ 40.00 DELRAY, PB 11, P 47, PUBLIC 231 NW 8TH AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 (RECORDING) (NW 8TH AVENUE) LOTS 13 TO 19 INC., LINCOLN AMERICAN CANADIAN TR CO. $518.00 ATLANTIC PARK GARDENS, PB 23, 417 E VIRGINIA STREET #1 70.00 (ADM. COST) P 70, PUBLIC RECORDS, PALM TALLAHASSEE, FL 32301 (RECORDING) BEACH COUNTY, FL (102 TO 128 SW 13TH AVENUE) LOT 24, BLK C, RIDGEWOOD TONY PARRISH $ 60.00 HEIGHTS, DELRAY, PB 14, P 44, 591 SOUTH DIXIE HIGHWAY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEERFIELD BCH, FL 33441 (RECORDING) COUNTY, FL (16631 SW 7TH AVENUE) LOT 3, BLK 2, RIO DEL REY JAMES GINESI $ 32.90 SHORES, PB 25, P 5, PUBLIC 363 A BRICKYARD ROAD 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL FREEHOLD, NJ 07728 ( RECORDING) (SE 6TH AVENUE) -3- Res. No. 52-91 "'l LOT 4, BLK 2, RIO DEL REY JAMES GINESI $ 32.90 SHORES, PB 25, P 5, PUBLIC 363 A BRICKYARD ROAD 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL FREEHOLD, NJ 07728 (RECORDING) (SE 6TH AVENUE) LOT lO, NICHOLS 1ST ADD TO JULINA NAJULSAINT $ 60.00 DELRAY, PB 2l, P 69, PUBLIC JEANNOT BAPTISTE & 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL G. F. AIMES (RECORDING) (118-120 SW 7TH STREET) 1013 SW 8TH AVENUE DELRAY BEACH, FL 33444 LOT 6, BLK 8, ROSEMONT PARK, BETHEL EVANG. CHURCH INC. $ 35.78 DELRAY, PB 13, P 60, PUBLIC C/O FRANCK FRANCOIS 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 704 S. SWINTON AVENUE (RECORDING) (SW 7TH AVENUE) DELRAY BEACH, FL 33444 LOTS 19 & 20, BLK 8, ROSEMONT BETHEL EVANG. CHURCH INC. $ 35.78 PARK, DELRAY, PB 13, P 60, 809 SW 8TH AVENUE 35.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (SW 7TH AVENUE) LOT 1, BLK 12, DELRAY SHORES CHARLES S & ANNETTA J. $ 45.00 FIRST ADD, PB 28, P 2, PUBLIC BALDWIN 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 3946 LAKE IDA ROAD (RECORDING) (3496 LAKE IDA ROAD) DELRAY BEACH, FL 33445 LOT 66, PLUMOSA PARK SECTION KATHERINA GIBSON $ 70.00 A, PB 23, P 68, PUBLIC 231 NE 16TH STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 (RECORDING) (23l NE 16TH STREET) LOTS 1 & 2, BLK 2, RIO DEL REY DONG J. LEE $120.00 SHORES, PB 25, P 5, PUBLIC C/O VAN ALPHEN CO. 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 801 SE 6TH AVENUE ( RECORDING) (801 SE 6TH AVENUE) DELRAY BEACH, FL 33483 LOT 22 & N101 OF LOT 23, J.L. & MAUREEN H. MAAS $106.00 BLK 72, TOWN OF DELRAY, PB 10, 3825 LONE PINE ROAD 70.00 (ADM. COST) P 57, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING) BEACH COUNTY, FL (338 SE 1ST AVENUE) LOT 24, BLK 5, ATLANTIC QUEEN BROWN $ 64.00 GARDENS, DELRAY, PB 14, P 63, RR 7 BOX 6040 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH QUINCY, FL 32351 (RECORD ING) COUNTY, FL (28 SW 11TH AVENUE) LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 72.00 TOWN OF DELRAY, PB 13, P 18. 106 NW 12TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 ( RECORD ING) COUNTY, FL (215-217 SW 7TH AVENUE) -4- Res. No. 52-91 · LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 48.00 PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (206 SW 2ND AVENUE) LOT l7, BLK 54, RESUB. OF JOHN CUNNINGHAM $725.00 S 1/2 OF BLK 54, PB 11, P 2, 4667-A ORLEANS COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH W. PALM BEACH, FL 33415 (RECORDING) COUNTY, FL (Ill SW 2ND STREET) LOT 19, SEESTEDT STEVENS SUB., THOMAS & BRENDA LANNI $ 16.00 PB 1 8 , P 3, PUBLIC RECORDS, P.O. BOX 248586 70.00 (ADM. COST) PALM BEACH COUNTY, FL MIAMI, FL 33124-8586 ( RECORDING) (NE 7TH AVENUE & NE 1ST COURT) E15' OF LOT 2, BLK 5, OSCEOLA J L & MARGARET PATTERSON $ 8.00 PARK, PB 3, P 2, PUBLIC 4517 TENELLA ROAD 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL NEW BERN, NC 28562 (RECORDING) (SE 5TH STREET) S 1/2 OF LOT 5, BLK 30, TOWN ETHEL J. MACKEY $ 60.00 OF DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 1120 NW 64TH STREET (RECORDING) (SW 5TH AVENUE) MIAMI, FL 33150 LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 28.00 PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 ( RECORDING) (206 SW 2ND AVENUE) "\ VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS¡ DECLARED NUISANCE. -5- Res. No. 52-91 .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1991 RESOLUTION NO. 55-91 DATE: July 3, 1991 This is a Resolution vacating and abandoning a portion of an existing utility easement lying in Tract 4, of the amended Replat of Parcel I, Linton Center. During the construction of a building on the subject property, City inspectors discovered that a portion of the building roof overhang was encroaching into a 12 foot utility easement for an existing water main. Subsequently, the property owner met with staff to resolve this issue. Staff has determined that the abandonment of the 1.5 foot area of encroachment is acceptable and will not affect the serviceability of the water main. The abandonment petition has been approved by the City Engineer and is now ready for Commission action. Recommend approval of Resolution No. 55-91. ·. -----~,-- ..--_.._---_.~._--_._--_._---_. --_._---_..._~ RESOLUTION NO. 55- 91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN EXISTING UTILITY EASEMENT LYING IN TRACT 4, OF THE AMENDED REPLAT OF PARCEL I, LINTON CENTER, AS RECORDED IN PLAT BOOK 67, PAGES 3 THROUGH 7 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, Palms of Delray, Inc. , is the fee-simple owner of Tract 4, of the Amended Replat of Parcel I, Linton Center, according to the Plat thereof, recorded in Plat Book 67, Pages 3 through 7, of the Public Records of Palm Beach County, Florida; and, WHEREAS, Tom McMurrain, Owner/Agent, has made application for abandonment of a portion of an existing utility easement lying in Tract 4, of the Amended Replat of Parcell, Linton Center; and, WHEREAS, the city Conunission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said utility easement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the F1or~da Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: A portion of a- 12 foot wide utility easement lying in Section 29, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, as shown on the "Amended Repla t of Parce I 1, Linton Center", recorded in Plat Book 67, Pages 3 through 7, Palm Beach County Public Records, more particularly described as follows: Conunence at the Northeast corner of said Amended Replat of Parcel 1; thence along the boundary of said Plat, S40021'41''E for 63.55 feet; thence continue along said boundary, S02037'00''E for 34.30 feet; thence S 88047'02''W for 139.52 feet; thence SOlo12'58"E for 4.50 feet to the point of beginning; Thence continue SOlo12'58"E for 1. 50 feet to the southerly limi t of said 12 foot wide utility easement; thence along said southerly limit, N88047'02''E for 123.35 feet; thence N01012'58''W for 1.50 feet; thence S88047'02''W for 123.35 feet to the point of beginning. The subject property is located on the south side of Linton Boulevard, between S.W. 10th Avenue and Waterford Place, De1ray Beach, Florida. PASSED AND ADOPTED in regular session on this the 9th day of July, 1991. ATTEST: MAY 0 R City Clerk . "..I /, r <¡_(,v-t<-,., ,- il'" t~~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: KATHLEEN E. DEARDEN, PLANNER II DEPARTMENT OF PLANNING & ZONING ~~ THRU: D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING & ZONING SUBJECT: MEETING OF JULY 9, 1991 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF A UTILITY EASEMENT IN THE AMENDED REPLAT OF PARCEL 1, LINTON CENTER AKA DEL RAY CROSSINGS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qranting an abandonment of a portion of a utility easement. BACKGROUND: During the construction of a building at the subject property, the City inspectors discovered that a portion of the building roof overhang was encroaching into a 12 foot utility easement for a existing water main. The property owner meet with the Environmental Services staff to determine what could be done. Staff determined that with the 1.5 foot encroachment into the easement that an abandonment of that area of encroachment would be acceptable. Since the abandonment would not cause any limitations of maintenance, repair or structural harm to the water main, that portion of the easement which has the building encroachment, could be abandoned. The abandonment petition has been approved by the City Engineer and is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review easement abandonments. ," City Commission Documentation Abandonment of a portion of a Utility Easement Amended Replat of Parcel One, Linton Center Page 2 RECOMMENDED ACTION: By motion, granting the abandonment of that portion of the utility easement in the Amended Replat of Parcel One, Linton Center more particularly described in Resolution 91 - Attachment: * Reduction copy of the portion of utility easement to be abandoned. * Copy of the Resolution of Abandonment to be provided by the City Clerk's Office ked/#9lrccc.txt CITY COMMISSION CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 9, 1991 AGENDA ITEM: ITEM: Abandonment of a portion of a utility easement within the Amended Replat of Parcel One, Linton Center UNTON BOULEVARD t PLAT BOUNDARY I t OF 12' UTlUTY EASEMENT 42.51' 1.5' I. 123.35' ...1 - " 'Ii AMENDED REPLAT OF td PARCEL ONE, UNTON CENTER GENERAL DATA: Owner...........................City of Delray Beach, Florida Agent...........................Tom McMurrian Location........................On the south side of Linton Boulevard, between S.W. 10th Avenue and 1-95. Property Size...................0.0042 Acres (185.025 sq. ft. ) , City Land Use Plan..............Genera1 Commercial City zoning.....................PC (Planned Commercial) Existing Land Use...............Retail Center (under construction) Development Proposal............Retail Center Request............ .............Abandonment of a portion of a utility easement, to resolve a building encroachment situation. 310205 EXHIBIT "A" If I/) en I o 0 - - :- ~ >-.; '-U ~¿~~ ,~ CP CDI . . . m ,., CD r ~ , ~ \ NOR TH , i r I ~ Z '11 -t I· r 0 ~ :z ~~ H I ~ g CD ¡::;~ z 0 F 0 -t:c CDK 1 ." Z. rl(l az 1,/1 I "0 0 en c: -~.... r þCDW r :t r; ~"~ '. ~ az ~ rT1 ..... M~ ..... ""' IV' < m !: 2 n~ I ª ~ ~ :I> ~ ~ ,;;~ 2' - XI moo( . Ñ . '=' ~() Ñ ~ I ' -= ~ 11 ~ "_I ~ c:: -' "'0 0) ~Ñ CDI ..... 'r- \J1 .- Þ: -..... r :...¡ ......- ~ .,..... l(I 0l~ -< 0% tt ";æg~ ~ ~ ~18 ÇJ ~~ w 1;£ - ~ r"::az-u \;)u· Uti..... zr:a~' -~ ~ ~ r' 0 . Z· . ~ .....n (') o!5 ("") "'" z . ¿ ~~~ ~ ~ ~~. _-- IVf"\Z mP1 ~ rZ 6\. 502' 37' 00' E _ _ +--' .... å 2U. 12' .1 ....1 :~ ~ fD I· 4:> ~~ '" , ~ w ~, 'I "," ~.. I PlAT eou~DA~Y 502'37'OO'E I~t. '8' 3~. 3D' S. W. 10th AVENUE 'fl....fll\' .1. .\\essler, 'IIC. SKETCH TO ACCOMPANY 1111"_ '.11..... . , CONSULTING ENGINEERS 111_ - IC1U: I .~ 800 Sandlr.. Drive. Suite 301, Palm Beech G.rdens. Florida 33403 LEGAL DESCRIPTION C'UrrI _ un: Go/q I Phone (407) 827-2228 U. m. '2 " '2. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJEC'r: AGENDA ITEM # ~~ - MEETING OF JULY 9, 1991 AWARD OF BIDS AND CONTRACTS DATE: July 3, 1991 This item is before you to approve the award of the following bids and contracts: 1. Sanitary Sewer Rehabilitation/Phase 1- Environmental Services- D and L Telecommunications in the amount of $106,919.15 with funding from 1991 Water and Sewer Revenue Bond (Account No. 442-5178-536-61.84/balance $2,224,000) and Water and Sewer Repair and Replacement (Account No. 447-5169-536-61.84/balance $ 300,000) . 2. Storm Water Master Plan- Environmental Services - Mock Roos, and Associates in the amount of $89,000 with funding from Storm Water Utility (Account No. 448-5411-538-62.12) . 3. Housing Rehabilitation- Community Improvement- various contractors in the amounts indicated below with funding from Community Development Block Grant- Housing Rehab (Account No. 118-1963-554-60.23): 310 N.W. 12th Avenue - MJD Construction Services - $14,000 913 S. W. 11th Terrace - Henry Haywood ~ $15,377.25 520 S.W. 6th Avenue - Henry Haywood - $12,138 905 S.W. 11th Terrace - Henry Haywood - $12,484.50 4 . Drainage Improvements - Lawson and Homewood Boulevard- Wegner Excavating, Inc. in the amount of $116,430 with funding from Decade of Excellence Bond Issue (Account No. 225-541-51.42) . Account balance $191,048.25. 5. Water Meters- Environmental Services- Suns tate Meter and Supply, Inc. in the estimated annual amount of $80,000 with funding from Water and Sewer Fund Capital Outlay/Equipment Other Account No. 441-5161-536-60.89. Account balance for FY 90/91 $25,866.13. · MEMORANDUM To: David Harden city Manager Thru: William Green~ood 1Jt)4Ø Director of Environmental Services Mark Gabriel, P.E.~~~ Asst. Dir. of Env. Svcs./city Engineer From: Howard WightA~ / constructior~ager Date: June 18, 1991 Subject: Inflow/Infiltration Program Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes Environmental svc. Project #91-12; Bid #91-42 The scope of work for the above referenced proj ect is to repair, rehabilitate and replace leaking sanitary sewers and manholes. The purpose of the work is to reduce groundwater and saltwater infiltration of the system. This work will reduce Chlorides at the South Central Wastewater Treatment Plant from our system. This reduction is required for the proposed used of the Plant effluent for irrigation and conserve the groundwater. The Project was bid using assumed ,repairs required to alleviate the above infiltration. No actual quantity information was known at the time of the bid. Since the bid date of 4/24/91 actual information has been obtained with the completion of T.V./Cleaning of one portion of our sanitary system, System 18. This work was done by City forces and took approximately six (6) months cumulative to complete. city forces accomplished the work on a part-time basis in conjunction with "normal" day to day T.V./Cleaning of other areas of the 'system requiring routine maintenance. Quantity of pipe in System 18 (all sizes) is 17,186 LF. The actual information obtained for System 18 revealed varying conditions and quanti ties than were scoped in the bid. It also revealed conditions such as root intrusion @ the joints and replacement of manhole castings not provided for in the bid. In addition the original Bid did not include any "digups" of piping that could not be repaired by normal grouting of joints and internal structural repairs that were included in the Bid. The "digups" were removed . ...... ... from the ,Bid by Addendum prior to bidding with 'the intention of bidding them as a separate contract at a later date. Based on the analysis of System 18 actual conditions a total scope of ,work can be developed based on the actual conditions found. A hypothetical "total price" can be developed using System 18 as a Prototype System for the whole system. Total footage for the System is 114,000 LF. See attached schedule "B" for estimated total I/I Program amount based on using a JTlultiplier of 6.67. This information can be developed to develop a hypothetical total price of +/- 2.5 mil for the whole system. An additional .5 mil is assumed on top of this for the pipe "digups" required for a total I/I Program amount of +/- 3 mil. The original' Bid was based on "best information" available but was low as indicated on Schedule "B" é\S compared with original Bïd (Schedule A). AI~o, D & L Telecommunications, the low bidder on this proj ect was below II industry standards" prices on all bid unit price items except for the T.V/Cleaning (1-18). The ~econd and third bidders are more representative of "legitimate" prices in line with normal "industry standards II. . By awarding only the T.V./Cleaning portion of this contract it will enable the city to proceed with the I/I Program with no further delays. The information received and analyzed from the T.V. tapes can be analyzed and quantified to put together a comprehensive Specification/Bid Package for a complete I/I Work Program. 'A Program that will be a -- complete rehabilitation, of the System to assure longtime integrity of the System. with two (2) crews the contractor should complete the T.V./Cleaning of the balance of System in approximately 'four (4) months. As a comparison with our City crew in relation to doing System 18 on a part-time basis it would take approximately 3 years. 'Please find attached work program agreement signed by D & L Telecommunications. By signing the agreement they are acknowledging the actual scope of work to be done. This agreement is to be incorporated in the Contract, Documents executed by the ,Contractor. Per'Schedule IIC" attached to the agreement the total Contract amount "as . awarded" will be $106,919.75. Susan Ruby, Assisté\nt city Attorney, has reviewed Wo~k Program Agreements and has approved format "as to form". In addition, the above scenario has been reviewed with Ted Glas. , ¡.J! '. .' Any'questions regarding the above can be referred to me at 243-7297. /I~, Howard Wight :hw cc: Jeff Kurtz, City Attorney', 'Susan Ruby, Assistant City Attorney Ted Glas, Purchasing Officer Alison MacGregor Harty, City Clerk' File: A:IANDI.DOC - Project #91~12 ~D) , --- . ,J . I [ITY DF DELRAY BEA[H ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7300 . TELECOPIER: 407/243-7060 June 20,1991 Mr. Walter Gazdayka D & L Telecommunication, Inc. 3430 N.E. 6th Terrace Pompano Beach, FL 33061 RE: INFLOW/INFILTRATION PROGRAM (91-42) ENVIRONMENTAL SERVICES PROJECT 91-12A WORK PROGRAM SCOPE .- Dear Mr. Gazdayka: This letter will serve as our intent to award you a portion of the above referenced contract. It is the City's intent to construct bid items 1-18 only under this contract. All other work under this contract will be rebid and constructed under separate contract at a later date. The total "as awarded" contract amount will be $106,919.75 per schedule "C". Please find attached, actual quantities for the rest of the system that we want T. V. 'd under your contract ( Systems 1, 8, 17, 32 and alleys). We request that you complete this work with no more than two (2) crews working simutaneously. If the above is acceptable, please sign the acknowledgment below. Signed acknowledgment will be attached to the Contract Documents for the above referenced project. If it is not acceptable then all bids will be rejected and rebid at a later date. Please respond by Friday, June 21, 1991. If no acknowledgment is received by that date it will be assumed that the above work program is not acceptable to D & L Communications. THE EFFORT ALWAYS MATTERS ~ . , . Should there be any questions regarding/the above, please contact Howard Wight with our office at (407) 243-7300. Sincerely, l- DAVID T. HARDEN ACCEPTED city Manager For: L Telecommunications HW/WHG/gm ~,(~ErL G~~b. 7KA . Att: cc: William H. Greenwood, Dir. of Environmental Services Mark A. Gabriel, P.E. Asst. Dir.,of Environmental Services/ city Engineer Ted Glas, Purchasing Director Howard Wight, Construction Manager Al Monteleone, Supt. Water/Sewer Network File: Project #91-12(A) File: P:hw9112.doc . oP- -" . ~ .. , .-- ~ SCHEDULE "C" .~...._.._n n;,,__. ..... _.. ..'.... d' . ..~..d___>-._. ......,. _,_ . -_.-._----------_.__...._-~-~._----_.._-_._-----------------'.----------------...-.--------------------------- ¡:::.:r'l I TEI'1 DE':SC~~ I 1='1' I CJI\I AF'F'H¡:~:D X . D & L TELCOMMUNI CJ DTY -_._-------------------------------------------~--_.~-----------.-----------------.----------- 1. HYDFu:,UL I C CLEAI\ 11\1(3 DF (:," F'VC ~'::'02 LF 1. .00 302.00 2 HYDFU.'1UL I C CU~:r11\1 I NO OF' 6" '\lICF' ~iD LF 1. .00 ~58 . 00 ~::: HYDHAUL I C CLE::AN I NG OF: B" \/CF' Ó6::):;~4 u::-· 0.40 :U,:S:.2r¡Î.60 .1.1· J-N nr;:(·) UL :r C Cl..E{.)N I 1'1[3 DF n" F'VC 2fj~:~;9 LF o . ~:!O 11]·1 9 . 50 :::i HYm~:r-)UL I C CLEAI\I I Nß DF' (:3" DIP :? "7 ~:! 1_ r:: 1.00 2'75.. (>() 6 HYDI:a.'1lJL I C CU::r-"\I I NO 0[= 1. 0" \.'CP ::~D6~!: LF () .. =j~.5 1571...6::::¡ "7 I'WDf~:('UL I C Cl.EnN I NO OF 10" F'VC .. 4B4 LF 1.00 484.00 f:i HYDF~ALJLI C CLEAN II\/G DF 1 (> II DIP / C I P ::8D u::- 1.00 3~ïEl. 00 9 HYDF,AUL I C cu:;:r,N I \m o¡:::- 12" VCP 2113·q· l_F 0.70 1 :::!2B . f:.IO 1 0 HYDF~(~Ul.I C CLE:AI\ I 1\1\:3 OF 1:?" C I P ~:~ t:) ~3 I_I:" 1 ~t,. :3~::' 1 II :::~ ~~j " . ..::......1 11 HYDnr-,UL I C CI...F':("~N I NG CIF :I. ~s I. VCr=- 7"70 1 I...I~: (I '7 I~." ~~~j 7 ~1 ~,5 II "7 ~.:.i ..'. , \..,1 .1.:? HYDI:;:AUL I C CU=':A I\ I Nf:j OF 16" C 1 P ::~ .::::i} . l_ F~ .1. .:-iO :~;~58 . ::;() 1 ::::: HYI.mAUL I C CLEf'''' I NO DF 1 n" \lCP 1 ~5 I.J:· ~:::. 00 4~3 . 0(> 14 HYDF~AUL I C CL.F(..',N:t I\m (]F 21" \/CF' 3196 u::- 2.00 6:~;'92 . 00 '. 1 ~':i ·..¡yDI:;:nUL I C CLI::(.:)/'''¡:¡: NO OF :~~.I.." elF' ó u::- ~)O .00 300.00 16 HYlmtiuL I C CI...EJ~N I 1'.1[3 DF 24" VCF' 6091 L.F ~2 . 5() 15:;~::~7 . :;:¡O 1."l 1../YDF:P11..JI... I C CI...FJ'\N I /\In CJF ~~:6" F\CF' 41.7¡~ LF 4.00 t Ó6('}6 .00 18 ALL INTEHNAL TELEVISION INSP. r?741.1.· LF C> . ::~ () 29 ::? ~:~ il· . =:~ () -------....-..------------ SUBTOTAL BID ITËMS 1. THRU 18 106919. 7~;¡ ".- f --- ~ . . . I I -i I · ,. · - · OJ · :z: -i I · 0 m · In ~ ~ ~ I :J; · -< X ¡;¡ ~ ... ~ ~ ~ ~ ... · · ." m 0 n 0> ,. '0 01 -..¡ 0- VI ç.. W 1'01 -" 0 '0 01 -..¡ 0- VI ç.. W N .... I I '" 1'01 -" ~ -" ..Jo ,01 0- · · '" 0; ,. 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'.J II 1:;:1 -<-<-<-< 1\ "~ fT1fT1[T\1ll II t:I (.(1 (JJ (fJ co II II tel II (..~ 0 II G' II Ul 1::1 II II II Ii Ii t·J t·.J 1\ ..... ,..... II (..~ þJ U! II (..4 ..... cr¡ Ii Cr· "J (..1 II ç, '-! ..··.1 : X ¡¡ lA ........þ: 0'- [I· II (..j (.,~ (:t- el' II Q) OOJ "" II "" "'", I"" .. -~ - ... TABULATION OF BIDS Bid 1191-42 Inflow/Infiltration Program Repair. Rehabilitation and Replacement Of April 25. 1991 Sanitary Sewers and Manholes D & L Altair Maint- Shenandoah Madsen/Barr . \- VENDOR: Telecommunica- enance Services General Corporation tion Inc. Inc. Construction TOTAL BID ITEMS 1 Thru 23 and $ 243.900.40 $ 376.715.90 $ 795,575.90 $ 977.143.50 * 25: , TOTAL BID ITEMS 1 Thru 21 and 23 Thru 25: No Bid No Bid No Bid No Bid Complete all work fully with- 150 calendar 365 calendar 365 calendar 300 calendar in calendar days days days days days: Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Receipt of receipt of receipt of receipt of receipt of Addendum's addendum's Addendum's addendum's addendum's 1 · 2 · 3. and 4 2 . 3 , & 4 1 .2.3. & 4 1 .2.3. & 4 1 . ') .,. & 4 Btd 'Security Bid Bond Bid Bond Bid Bond ~id Bond 5% Consisting Of: $15,000.00 5% of total 5i. of total bid of total bid. bid. * Total for bid Comments / items 1 thru 22 Exceptions: and item 25B. IBid items 23 & 24 are relative 1ynew experimer- Il..al sanitary Isewer rehab. nethods which :ire not access- able to this Þidder. We herefore have not submitted ~ price on these IItems and have uarked these tems as "No i Hd" ---"'- __ _.._ 4-~.___.____ . '1 , .. - . , Agenda Item No.: AGBRDA ltBQUBST Date: 6/17/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda ,. . When: 6/25/91 Description of 8~enda item (who, what, where \0\1 much): Stormwater Masterplan for the City of Delray Beach, to be prepar~d y Mock, Roos & Associates cost of 89,000. To be completed in 6-9 months. To be used as a planning ~oo, ~nd a background for designing detailed project pans. Funded through Stormwater Utility. ORDlHAHCE/ RBSOLUTIOY REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of the service authorization submitted by Mock, Roos & Associates (one of the City's General CiVll Engineering Consultants). t; Department Head Signature: It IL()' jJ 61r ~ ¡;/' 'j / . ç~.." et2-e~~r::; / ') 7 q ( Deteraination of Consistency with eo.prehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives:--- - (if applicable) Account No. & Description: 448-5411-538-62.12 (Stormwater Master Plan) Account Balance: $ 96,000.00 City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . ... ... . a· ... ... M ~·"~:~·~:;~~~m~ MOCK, ROOS & ASSOCIATES, INC. R 'J ,~~:~m~~ ENGINEERS · SURVEYORS · PLANNERS A'-' 11·~Ø...........- :. 'S~nmm~ 5720 CORPORATE WAY · WEST PALM BEACH, FLA. 33407 . TELEPHONE (407) 683-3113 June 14, 1991 Mr. Mark Gabriel, Assistant Director of Environmental Services/City Engineer City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Subject: Proposal for Master Stormwater Management Study for The City of Delray Beach (Our Ref. No. 31.03) Dear Mr. Gabriel: Enclosed is a proposed Scope of Services for the Stormwater Master Plan for the City of Delray Beach. It is our proposal that compensation for these services be on an hourly basis with a budget of $89,000. Our concept of this master plan is that it will serve the following functions: · A planning tool for staff and commission that will be valuable for many years. · Suitable graphics for public meetings. · A document which provides a sound basis and background for the conclusions and recommendations that are presented in the master plan. · Suitable for submittal to South Florida Water Management District for conceptual review (not "conceptual permit") and comment and suitable for review and comment to Florida Department of Transportation, Lake Worth Drainage District and Palm Beach County. · Suitable as a reference in preparing NPDES permit application. · Easy to amend as new events may dictate over the years. · A working tool that provides basic underlying information to Engineers preparing detailed plans for specific areas in the City. · A planning tool that assists other utilities in the development of their master plans. : ; Mr. Mark Gabriel June 14, 1991 Page -2- .............................. . Graphics prepared in a manner that will enhance the CADD goals of the City. . A plan that meets the "Chapter 9J-5" requirements of the State. Please feel free to critically review this proposal. We are available to meet at your convenience and to hold detailed discussions concerning our services and proposed cost. V ery truly yours, MOCK, ROOS & ASSOCIATES, INC. William E. Hill, P.E. Chairman WEH:jf Enclosure ,I , .' SCOPE OF SERVICES STORMWATER MASTER PlAN CITY OF DELRA Y BEACH, FLORIDA INTRODUCTION: This Scope submittal is to provide a basis for discussion and agreement upon a Scope of Service for a Stormwater Master Plan for the City. This submittal is presented in two categories: 1) a brief description of the final product and 2) a listing of service, exhibits and coordination efforts, that will be needed to achieve the final product. The product described below is a Stormwater Master Plan for the entire City of Delray Beach. The following is a description of the proposed final product. . FINAL PRODUCT: I. Background Data and History II. Map~ (using existing City Atlas Maps which are on CADD) A. Existing conditions including: 1. Contours (based upon l' contour maps produced by others and provided to us on CADD disk) 2. Existing Drainage Systems and Outfalls 3. Land Use (only in the detail necessary for storm drainage "C" factors) and soils maps. B. Proposed condition including: 1. Drainage Areas 2. Proposed Stormwater Collector Outfall System. 3. Possible Detention/Retention Locations and Systems III. Recommendations Section In this section, the following items would be discussed and proposed: A. Level of service standards. B. The coordination required between the City and South Florida Water Management District, Lake Worth Drainage District, FDOT, MOCK. ROOS {;. ASSOCIATES. INC. ENGINEERS · SURVEYORS · PLANNERS Palm Beach County, EP A, and other permitting agencies. C. Review of existing typical roadway cross sections. D. Proposed design regulations for new development in the City, including a proposed new code section 6.1.9, DRAINAGE SYSTEMS. E. Proposed design regulations for built-up areas of the City. F. Review of rainfall intensity recommended for the system. G. Recommendations for the coefficient of runoff for various areas of the City. H. A review of the capacity and condition of the existing piping systems and jurisdiction for each. I. Stormwater quality criteria as it relates to current regulations. J. Quantity criteria as it relates to current -regulations. K. Related comprehensive plan review items as required by the State in Chapter 9J-5, "Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance". L. A list of projects and priorities. M. Rules and methods for changing priorities on the above list of projects. N. The study area boundary will be the city limits plus presently identified annexation areas. O. The report shall be arranged so that "Technical Memoranda" will be an integral part of the report. There shall be a chapter in the report for each drainage basin. IV. Cost estimates and Phasing In this section of the study, cost estimates will be presented for each proposed drainage area. Phasing will be recommended based upon stormwater drainage needs. MOCK, ROOS ¿;. ASSOCIATES, INC. ENGINEERS · SURVEYORS. PLANNERS PROPOSED SERVICES: In order to provide the above final product, the following items of service are proposed for your consideration: A. Compile and review existing stormwater permits and report upon the relevance of these permits to the study. B. Review previous drainage reports and discuss the relevance and acceptability of these reports to the final study. C. Review existing stormwater systems and plot on the report drawings. (Including a maximum of 80 man hours of field investigation time) D. Identify known problem stormwater areas and discuss the severity of the individual problems. E. Coordinate proposed stormwater systems with Lake Worth Drainage District, SFWMD, Palm Beach County, and FDOT as applicable to their facilities. F. Plot the Land Use Map data in the amount of detail that is pertinent to storm drainage runoff coefficient. G. Review and plot soils map data as appropriate. H. Develop and/or review quantity criteria to be used in pipe sizing. I. Develop technical memoranda for discussion for: street cross sections, "C" factors, rain fall intensity factors, development regulations, EP A, SFWMD coordination, LWDD coordination, and DOT coordination. J. Develop drainage areas. K. Develop and/or review quality criteria and recommendations for review and discussion. L. Complete the report (50 copies) on the above including review meetings with staff and a maximum of 2 presentations to City Boards or Public Hearings. M. Schedule for report completion is 6 to 9 months. MOC K. ROOS [;. AS SOCIATES. INC. ENGINEERS . SURVEYORS. PLANNERS ,··t . --:: : :00:00'0:0:0:0:0'\0:: :\O:oo:N: :00 ~, , '......'O'r-'\O;O'......'~'......' , :Ir)'N'......' '...... ....., ; ,.......,.......,.....,'"--,-,."'" '00' , ;~,¡O'~,' '0 0: , "'''''''''''-:'-'''~'' : : : :',,: ",,: : · . . ~ ~ ro: "'< N "'= ""= ... . . ~ .... ".,. . ~, , 'N:N'O'I:N:~,......:"=:t:\O' , ,...... 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"", _. ................ .-. ,. . ...... ctJ. ...... -'0-1' ,..,: ¡ ¡ ¡ ...........¡ ¡'¡jj'¡j¡'¡j¡ ~¡ ~i-j ¡ ãi¿S¡ p.¡ ....¡ ctJ¡ ....; : : : ~, : en: v.I: en: : : : v.I: : :' :~: : : : : : 0: : ,.....:.....:.....: 0, 0: õ,:-:::: : :~: u: ::I: 8: ...... : , : s..: : :....:....: ....,~: 0:,.....,: 0:::1: : : H: ::I: 0: _ · . .~. . ................... . . . .CY . . .....·CYu· ...., ¡ j : ¡ ¡ j~¡~.I:m.I.:¡¡ jUj~¡CI)¡ , ¡ ¡f-4¡ ,i 0\ ....T·..r..¡..·..r...¡..·..¡..·..j'"..j"..·j"..T....¡....T"'·¡::;r..¡--..T....r..r..rm] .... ~ ¡ ¡ ¡ ¡ ¡ ¡ ¡ ¡ ¡ 1 ¡ ¡ ¡~¡ ¡ ¡ ¡ ¡ ¡ ¡ ~ ¡ ¡ ! \ ! !<¡~¡u¡o\~¡~¡0!~¡ ¡ !~¡~¡~¡ ¡ ~ III. Budget Estimate of Services . 06/10/91 EXHIBIT B MOCK, ROOS & ASSOCIATES, INC. 1991 STANDARD RATE SCHEDULE Hourly Rate Schedule Principal in Charge ................................... $100.00 Senior Project Manager / Associate ...................... $80.00 - 90.00 Project Manager /Senior Engineer . . ... '" .., . .... . . . .. . . 67.00 - 90.00 Engineer . . . . .. .. . ... . .., . . .., . ., . . ...... . . . .. . . . . 40.00 - 70.00 Designer .........................................40.00 - 50.00 Surveyor Supervisor .................................. 90.00 Surveyor .. .. ..... . ... . . . .. .. .... . . . . . .... . . .. ... . 50.00 - 75.00 Computations Technician . . ... . . ..... . . .., . '" . . .... ..40.00 - 69.00 CADD Technician ................................... 40.00 - 60.00 Field Representative ... . ... . . ... . . . .. ...... . . ... . . . ..34.00 - 48.00 Drafter ........................................... 36.00 - 48.00 Field Survey Party 3-Man Survey Crew .. . . . . . . . . . . . . .., .., . . ... . . . 80.00 - 90.00 4-Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.00 - 109.00 2-Man Survey Crew .... . . . ..... .. . . ., .... . . '" . 60.00 - 68.00 Secretarial ... .. ... . ... . .... .. ... . . . . . . ..... . . ... . . 25.00 - 48.00 Clerical Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15.00 - 28.00 Computer Time (Word Processing) . . . . . . . . . . . . . . . . . . . . . . . 15.00 Computer Time (CADD and Technical) ..................... 30.00 * Approved overtime will be billed at 1.2 times hourly rate shown. * Rate Schedule effective until December 31, 1991. . . - . ; . EXHIBIT A (SAMPLE) MOCK, ROOS & ASSOCIATES, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO.: (CITY) (MOCK, ROOS & . ASSOCIATES, INC. ) TITLE: This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. Title: I. PROJECT DESCRIPTION The Prep~ration of a City-Wide Stormwater Master Plan. II. SCOPE OF SERVICES See attached June 14, 1991 letter and Scope of Services attachment. III. BUDGET ESTIMATE OF SERVICES See attached Budget Estimate of Services. IV. COMPLETION DATE 9 months after Notice to Proceed from the City. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the' completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If th~ City in its' sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The 31 . . . ~. : . . CONSULTANT may not commence'work on-any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: MOCK, ROOS & ASSOCIATES, INC. Date Date Thomas E. Lynch Mayor . Attest: BEFORE ME, the foregoing instrument, this 17th day of June , 1991, Approved as to Legal was acknowledged by ~~i 11 i am E. Hill Sufficiency and Form on behalf of the Corporation , and said person executed the sam~ free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this 17th day of .l.~ ' 1991. Notary puÇl~f.-~ State of Florida My Commission Expires: Notary PWlle, Stat. of 'lor" Mr Commission ExpIres Sept. 26, IftS IoRdod J"'~ T"'1fQ¡o.~.,.. 32 "·1 . Agenda I tern No. : AGENDA REQUEST Date: JUNE 28, 1991 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: JULY 9. 1991" XXX CONSENT AGENDA Description of item (who, what, where, how much) : CASE # ADDRESS GRANT AMOUNT ~U-U18HR JIU NURTHWEST l~TH AVENUE $14,000.00 ~l-UIUHR 913 SOUTHWEST 11TH TERRACE $15,177 /') ';IU-U~UHR 520 SOUTHWEST 6TH AVENUE $12.138.00 90-025HR 905 SOUTHWEST 11TH TERRACE $1/,4R4 ')0 . (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL OF r.OMMTTNTTY DF.VF.T'oPMF.N'T' HIOr.K r.RAN'T' PROr.RAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM Ar.r.OTTN'T' #118-1963-554- 60.23 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~ ð ' Department Head Signature, '.. .¿b~··< ~ city Attorney Review/ Recommendation!¡(if applicable): Budget Director Review (required on all items involving expenditure of funds): ~.I:..,,JC',-·~ Funding available: YES/ NO / Funding alternatives: Account No. & Desjt'ption: Account Balance: OJ. . City Manager Review: Approved for agenda: ~/ NO !f1V! Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer r//ð DATE: July 1, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JULY 9, 1991 - BID AWARD - BID #91-60 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award multiple contracts to contractors listed below, at a total combined cost of $53,999.75. Per, the Budget Office. funding ,is from: I/f ~ ~~-:s,,- (,,0. .:13 <CD11tm. rW\f~ov./ ¡løuS,'''1 ~hJ,. ). I ~. &, lVl. 311 tl....",,,Jv Background: The Community Development Division handles and processes their formal bids on housing rehabilitation. Property Contractor Amount 310 N.W. 12th Avenue MJD Construction Services $14,000.00 913 S.W. 11th Terrace Henry Haywood 15,377.25 520 S.W. 6th Avenue Henry Haywood 12,138.00 905 S.W, 11 th Terrace Henry Haywood 12,484.50 Recommendation: Award to low bidders as stated above, at a total cost of $53,999.75. Funded as stated above. Attachments: Memorandum from Community Development Bid Information Sheets pc Lula Butler M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR B{ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: JUNE 28, 1991 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS According to the City of Delray Beach, Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Commission approval for four (4) Housing Rehabilitation Grant Awards. The grant amount is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Community Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and tne property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specifications and program guidelines. Pay Request forms will require both contractor and homeowner I s signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. Housing Rehab Grant Awards are requested for the following: Case# Address Grant Amount 90-018HR 310 N.W. 12TH AVE. $14,000.00 91-010HR 913 S.W. 11TH TERRACE $15,377.25 90-020HR 520 S.W. 6TH AVE. $12,138.00 90-025HR 905 S.W. 11TH TERRACE $12,484.50 HR2 · CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91- 60HR APPLICANT: WILLIE AND ANNIE WILLIAMS APPLICATION #: 90-018HR PROJECT ADDRESS: 110 NORTm.1F.ST 12TH AVF.NlTF. DATE OF BID LETTERS: MAY 17, 1991 DATE OF BID OPENING: MAY 30, 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $13 , 850 . 00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $15,750.00 HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $13,527.00 MSL CONSTRUCTION, INC. $18,500.00 PHILLIP GARY PURR C/O GAMZO, INC. $15,154.50 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 13,790.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 13,527.00 COMMENTS: LOW BIDDER BIDFORM/PGl CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91- 62HR APPLICANT: EVELYN HOUSTON APPLICATION #: 91-010HR PROJECT ADDRESS: 913 SOUTHWEST 11TH TERRACE DATE OF BID LETTERS: MAY 30. 1991 DATE OF BID OPENING: JUNE 13. 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 15.510.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 25,725.00 G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ 14.645.00 HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 $ MJD CONSTRUCTION SERVICES $ 18.352.00 MSL CONSTRUCTION, INC. $ 19.71 0.00 PHILLIP GARY PURR C/O GAHZO, INC. $ 18,767.00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 16,Rún nn CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 14.645.00 COMMENTS: LOW BIDDER BIDFORM/PGl CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91- 62HR APPLICANT: OLEATHER LEONARD APPLICATION #: 90-020HR PROJECT ADDRESS: 520 SOUTHWEST 6TH AVENUE DATE OF BID LETTERS: 5/30/91 DATE OF BID OPENING: 6/13/91 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 14,070.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ 11,560.00 HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 $ MJD CONSTRUCTION SERVICES $ ]4,914.00 MSL CONSTRUCTION, INC. $ PHILLIP GARY PURR C/O GAMZO, INC. $ 13 , 71 0 . 00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 13,975.00 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 11,560.00 COMMENTS: LOW BIDDER BIDFORM/PGl · CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91-...2,L APPLICANT: MARY FRANCES HUNT APPLICATION #: 90-025HR PROJECT ADDRESS: 905 SOUTHWEST 11TH TERRACE DATE OF BID LETTERS: 5730~91 DATE OF BID OPENING: 6 13 91 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 1 ') . ') ') 0 00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 15,840.00 G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ 11, 890.00 HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 $ MJD CONSTRUCTION SERVICES $ 14.335.00 MSL CONSTRUCTION, INC. $ 13.190.00 PHILLIP GARY PURR C/O GAMZO, INC. $ 14.0(10 00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 13 . 945 . 00 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 11 .890.00 COMMENTS: LOW BIDDER BIDFORM/PGl IjJ:v*-¿ \ cl\ - i?~ ) MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer ~/r DATE: July 1, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 9, 1991 - BID AWARD - BID #91-64 LOWSON BOULEVARD DRAINAGE IMPROVEMENTS Item Before City Commission: The City Commission is requested to Wenger Excavating, Inc. at a total Office, funding is from: ( - ; . Background: Funds were allocated in the FY 90-91 budget for drainage improvements. A total of $ 19Ø, 300 was budgeted for this work. Scope of Service - Construction of a stormwater drainage system on Lowson Boulevard from the LWDD E-4 Canal to Homewood Boulevard, with an outfall to a Delray Beach Municipal Golf Course Lake. Bids for this project were received on June 28, 1991 from twelve (12) contractors, all in accordance with City purchasing procedures. (Bid #91-64. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Environmental Services has reviewed the bids, and recommends award to the low bidder, Wenger Excavating, Inc. per attached memo. Recommendation: Staff recommends award to the low bidder, Wenger, Excavating, Inc. at a total cost of $116,430. Funding as outlined above. Attachments: Tabulation of Bids Memo from Environmental Services pc William Greenwood - MEMORANDUM TO: Ted Glas Purchasing Officer FROM: George Abou-Jaoude Dep. Dir. of Env. Svcs.fprojects DATE: July 1, 1991 SUBJECT: LOWSON BOULEVARD DRAINAGE IMPROVEMENTS BID AWARD (BID #91-64) PROJECT #91-45 Staff has reviewed the attached bid tabulation for the project stated above. The three low bidders were: Wenger Excavating Inc. $116,430.00 Gateway Construction Co. $124,860.00 Pipe Power utilities $127,528.00 Staff recommends award to the lowest bidder, Wenger Excavating Inc. , in the amount of $116,430.00. Funds are available in Account No. 225-3161-541-61.42. Please be advised that Lowson Blvd. Drainage project is on the Decade of Excellence program list. ~I George Abou- oud . / GA: mm File: GALOW701.MRM - Memos to Purchasing project #91-45-2D . . = , = · . . " · . . . F; 1 1 7" r' H ~1 a ii òH :, ~ ;~ ..... ... ~" :7 ïì i~ 1 P 1 ~J ã !![ ~!î ![ ¡¡ . .. '; !¡ .fi ~i :i ;¡ ,¡ ; :'i :¡ ~ ="i ï ~t ,t H ' ; . i Ë: ¡ t; P ¡ ! ! ¡ ¡i , " I ì ,;: i" ì ,;: · 5 1 ;: i . 1 ; \ ~ ~ fi í " " t ; ; ; : = ~ : , . . ! ~ ! f ¡ f q ¡ ~ ~ ~ ¡ ~ ¡ ~ ¡ f' ¡ . r . ~ ì I?' ~ .. " ~ ! ;: i ~ã! " · ; ¡' " i' ¡ - ¡ I d " . . " " , . ... 1 'ì' . , , I I · I' I I I' I I~ I r ~; "I, . I' I . · . I I . I . I · I I r ¡ r I I I ~~ ¡ ¡ ~ I ~ [L_t ~ ~ ~ I i.... W ~ --- UI ~~~ -. 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I I i l-- I ----·r f -- 'j-'" .... ----- I I I I I I '.~ I I I ~. ," ' I I ! -_._.._~ - Agenda Item No.: AGENDA REQUEST Date: June 25. 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: Julv 9. 1991 Description of agenda item (who, what, where, how much): Purchase Award Water Meters - Annual Contract ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Sunstate Meter & Supply Inc. at estimated annual cost of $80.000. via City of Boca Raton contract. ( /J..iKÞ>/ , v9 / Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Di~ctor Review (required on all items involving expenditure of funds): d.~~~ Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Des't..l/ion: ~~ ft.til.N.L - l!.~ O'u.+"~h\i. Account Balance: H, r'" ' ,..". '~/· $". /'()'9 ~k't.. Ci ty Manager Review: , 1110'" : I 2o 000 Approved for agenda: ~/ NO r~ ,tt"...9J.., ': &.0 00'D Hold Until: {I . J Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer 4f DATE: June 25, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 9, 1991 - PURCHASE AWARD - WATER METERS - ANNUAL CONTRACT Item Before City Commission: The City Commission is requested to award purchase of water meters to Sunstate Meter & Supply Inc. at an estimated annual cost of ~ $80,000. Per the Budget Office, funding is from;~.J t) I~j (~""a"'t Ot-L¡ 'I-YJ- SII.I-531.· '0·11 ' ). ,.", :, :10,_00 ~ Background: ., If,. /J "0, þ 0 0 . The Environmental Services Department has need of an annual contract for water meters with funding as stated above. Badger Water Meters are available via City of Boca Raton contract, per attached documentation. Environmental Services has reviewed the Boca Raton contract and recommends award of the renewed contract. Recommendation: Staff recommends award to Sunstate Meter & Supply Inc. at an estimated annual cost of $80,000. via City of Boca Raton contract. Funding as outlined above. Attachments: Documentation on Boca Raton Contract Concurrence from Environmental Services Dept. pc William Greenwood . . . . £NVIROHt'iENTÞ..i... SERVICES 9' JUN '8 AM 1: 36 M E M 0 RAN. ~ .1.), ~ 0 , REC \ V C TO: Al Monteleone, Supt. Water/Sewer Network FROM: Jackie Rooney, Bid Specialist ~ DATE: June 17, 1991 SUBJECT: Water Meters The blanket purchase order with Sunstate Meter & Supply Inc. , P.O. 4:; 19880, expired on June 15, 1991 for the above mentioned sUbject. Attached is copy of letter to City of Boca Raton extending their bid for another yea r, copy of Consent Agenda from City of Boca Raton Commission meeting of June 11, 1991 approving extention of last year's bid, and copy of letter to City of Delray Purchasing Dept. from Sunstate stating we can piggy-back Boca's bid again for another year. Please review, and if approve, please sign below and Purchasing will proceed with getting approval from our City Commission, as this is a contract for estimated annual usage of $80,000. If you have any questions, you may contact me at ext. 7163. Thanks. ~Æ::~ ~~~-M~~ Signature: . ~..~ ø~~~~ 6'/1. I name title date Attachments: Letter to City of Boca from Sunstate Meter & Supply Copy of Consent Agenda from City of Boca Raton June 11, 1991 Commission Meeting Letter to City of Delray Beach from Sunstate Meter & Supply Copy of P.O. 19880 cc: Ted Glas, Purchasing Officer Bill Greenwood, Director of Environmental Services rj t'C (} I{;:;r .:# '14/- S- I b (- 53 t - t D, g- <9 " - " ..JUI~ .L.;J ':IJ, J.l::::Ji,=, 1",..1 I T ur- .cU\.,.H I"tMIU~ O"t..:: rt:J~ , SUNSTA~ MET~R & SUPPLY, I~C. . \ \ J / '~=- Mailing Address -~ " Office & Warehouse 11207 N.W. 14th Avenue , / 14222 Newberry Road Gainesville. Florida 32606 Gainesville, Florida 32606 Mall 1,7997 1014. Lynda Venne. PuJlc.#1a.ð.útg Su.pVtv.l.ð OJ¡, c.uy 0 ~ 8oc.a. Raton F .inanee VeptVt-tmtltt 201 Wut Pa..l.me.tto PMIt Road Boc.a. Raton, FtoJt.id4 33432-3130 - OeM 1014. VtMe, ThÅÁ .te-ttVt i.4 .in ote6Vtenee .to the. utlJ 06 Boca. Raton I ¡. C.LWU!.n.t ~Vt me.teJI. eolWutc.t mth SuM.ta.te. Me.tVt 8 Su.pply, Inc.. 6J¡,om Ju.ne 15,1990.to June. 15,1991 (copyattac.hed). ~.ta.te. Me.teJL I Supp.ty wou.l.d a.:t thM .time. Ulte. to o66eJt to the. c..u.y 04 So c.a Rate n .tht 0 p.t1.c n 0 6 Jt.en~ 06 thÅÁ c.o n:t'u1c..t 6 Q.It an addLti.ona.l ont Yeai/. peJt.iod að ou.:tU.ned IJ.ndlA OI.Vt pll.U e.n.t c.on.tJt.ac..t, "Ge.neM.t Cond.U(.onð" page. 5 paJt4gJutph 5. I6 the c.uy i.4 .in agJteeme.n.t wäh 01.Vt pltOP04a.l pttMe. advi.Je by Jte.twLn ma..U. s.¿ncVtùy, SUNS TATE METER 8 SUPPLY, INC. ~b1~ . W~ R. Mc.Lemoott PJ¡,u.¿dW WRMlke c.c.: Cl.ndy LolU'LY PubUc !LtUUi.u Adm.¿n-i..6ot.ll.a.tOIL " ~ ~t.\) ,'i.tt~ ~ \~ '+.\'\ ~ ... ,ø::t~ .. ' ,.....' '. I 1-'1 ø' ~( In Florida Toll Free 1-800-342-3409 . Local & Outside Florida 904-332-7106 JUN 14 '91 10:43 CITY OF BOCA RATON 861 F02 ,~ ... t . revisinq certain deUni tions to include archaeological siqni Ucance as ' a criterion for desiqnation; establishing guidelines for the protection of historic or archaeological resources during land developœent activities; revising criteria for certificate of appropriateness requirement; providing for codification; providing an effective date (AM-90-0?). 11. Ordinance No. 3939 C~dlndn~e W~¿ lnt~odu~td and 6~heduted 6o~ pub¿~c hta~~ng on June 25, 1991. An ordinanc. of the City of Boca Raton relating to the community Redevelopment Agency; amending Ordinance No. 2797, which appointed the first Board of Commissioners of the Boca Raton community Redevelopment Agency, to provide that City Council members may constitute the membership of the Agency; providing an effective date. 12~ Ordinance No. 3940 O~d~nanct wað ~nt~oduced and ðcheduted 6o~ pubt~c hea~~ng on June Z5, 1991. An ordinance of the City of Boca Raton relatinq to vehicles for hire; amending Section 23p7, Code of Ordinances, relating to required liability insurance; providing for codification; providing an effective date. 13. Ordinance No. 3941 O~d~nance Wað int~oduced and 6cheduted 6o~ pu.btic healÛng on June. 25, 1991. An ordinance of the City ot Boca Raton relating to right-ot-way dedication; amending Subsection (1) of Section 1 of Ordinance No. 3921, which requires dedication of roadway, intersection and interchange right-of-way in accordance with the City of Boca Raton Thoroughfare Right-of-Way Protection Map; providing for codification; providing an effective date. 14. Ordinance No. 3942 O~dlnance. Wað int~oduce.d and 4cheduted 6o~ pubti~ hea~in9 on June. 25, 1991. An ordinance of the City ot Boca Raton relating to Manufacturing Industrial (M-3) Districts; amending Section 25-80(4), Code of Ordinances, concerning height; providing for the height of food product distribution centers; clarifying the provisions regarding the height of accessory structures; providing for codificationl providing an effective date. " ~ -, ..-- "" :~: .';w;:,;; REGULAR BUSINESS - PART III - CONSENT AGENDA: 15. Consent Agenda: The conðent agenda Wd4 adopted. .." a. Bids: 1) Groundskeeping Equipment, Golf Course Requested by Parks and Recreation Tesco South d/b/a Hector Turf $ 34,497.00 2) Vibratory Roller Requested by Public Utilities 2'3,495.00 Ca.. Power and Equipment 3) Self-Priming Centrifugal Pump Requested by Public Utilities 11,371.00 Miami Pump , Supply company ,(~r~:~:~'::(;, ':'~,~,~;:" b. Renewa.lst "?'r;- 1) Water Meters Requested by Public Utilities .,," Suns tate Meter and Supply 83,000.00 F.Y. 1990-91 F.Y. 1991-92 167,000.00 ,,;. . - ,. . rUE CRED IT QUO IS APPLICABLE +~OB:g:z~C:AP MET~R$ DIU - "Wates: Met:I)J~ø" ~~I~~~EE~THE MATERIAL ~~Ó5~~M£tHS C 700 ,~&Mr.",#"L".-.&""_.,, ~ . DID QUOTA'nott rAO~ . C1l0UP I - POS ITIVE. DlsrLt\Ct:HENt TYPE METERS ITeH NO. OEsCtUPTIO~ UNIT COST SALVACE VM.UE .... ~ 1 518" $ 23.00 . 3.1Q - , 2 SIB" x 3/4" . U...OO t 3.10 :1 'j /4" . ~ 1.30 t 4. 3S " 1'1 $ 56.10 $ 6.00 1 1. -, , 111., 142.00 ,'2. 25 ~ T 6 Zl' $ 219 . 4 S $ 1 S. 00 A JoANUFACTUR~O;R: ßAVGER METER. INC. HODEL lWMDER: RECORVALL LINE I . , GROUP II - TURBINE TYPE METERS -- ~ ITEM NO. _Df.SGRll'TJ.ON UNIT COST SAl.VAUE VAI.U& . ...... II I 1 r' ~f~I~~~' .~ '43.00 - ~ '5.00 ..-/ 2 'tit WITH BRZ. . 417 00 ~ $ "0 00 ~ STRAINER · ~ · 3- 411 W1TH BRZ. $1;Ø20.'OOL~ $ 30.00 . STRAINER - -......... -. . 4' {¡" WLlH Lila.. $1,460.00 $ 40.00 STRAI NER. . "-. . _'. 1 i I S 611 WITH C.r. $2,255.00 $ 50.00 STRAINER 6 10" WITH C,T. $3,928.00 $ 60 00 STRAINER .-. L' .... . NOTE: ~UU~UFACTURER: ~^VGER METER, INC. THE CREDIT IS APP QUOTED FOR SCRAP tiE T ~10m:r. N\lMnl~R: ~ECORVAlL 11 WHICH ~J;~BLE TO BRONZE METERS ERS .'oF AWWA C.. THE MATERIAL REQUÚ<HEN1 u1.d Ui.ddcr Iuc1ud~: 700 .~~~.~ ~".".._.. S Not~r.1zad Public Entity Statement? Yes ~. Nu Warrnney Sene.mane! Yes ./ No . , - ¡t:-_. Accul'.açy &. Losl'J of Hood Ch<1rtn1 Yes ;/ No SUNSTATE METER & SUPPLY, INC. _11_ . , .. TUE CREDIT QUOT£O . . IS APPLICABLE TO 8:g:l~C~:~ MrT~n$ . nln - "W."ltec Hctcrø" ~~I~~W~EE~ TlfE M~TERIAL REQ~~~MEN1 C 700 ._,.......~..._. . S " .,." q......... 'TOT "If 1" ..Ot!' i..1.'" ~"",&.,..~.", r'''''' ~ - '. CHOUr 1 - P~S ¡'rIVE DIsrLACEHENT TIPE METERS~ 11'~ti rW. DJ::!jCRlPTI0~ UN1.T COST SALVACE VAlUE . ~ I 1 5/8" $ . 2 5/6" )t 3/4" * . , ~~ lit .. t $ . - I. 1" t , , -- ~ lih, . ----..f' ./7 _ 6 2" $ $ W\NllF ACTURl~R: . I HOl>EL HUMnER: ~ I . GROV1' 11 .. !IIHlHNr: 'fYP£ MEtERS . tTr.H NO., !2f5CRII.'.~ UtHT;Cl)ST, !1^t.V^<!.t.~~ ... LESS . )-. ')" 1 S 00 1 1 STRAINER of, \ 285.0.0' .." . 2 3" LESS $ 31.1.00 $ 20.00 STRAINER ~ . . J '.' LESS $ 590.00 $ 30.00 STAAl NER· ~ if 6" ~lliINER . $ I, J 85.00 . $ . .. ,4~. 00 ~ i_.. J ßII ~lliINER $ 1,455.00 . 50.00 6 10" LESS * 2,391.00 $ 60.00 " , STRAINER . ,.. .~... . . .. Non: ~W~UFA(;1UR~R: 6AVGE~ f.fETER.¡NC. THE CREDIT ~ IS A QUOTED FOR SCRAP NE H01>F.J. 1'I\IH1\I~n: RECORVALL 11 WIlIC~P~:~~6lE TO BRONZE: M£HkS TE RS .'oF Ah'h'A ... THE MATERIAL R£QUIR/1£N U1.d lIidóCJ/: IlIdude: C 700 .___." _. ..,~.. TS NOC"'ho<l Public Enticy r."comontl Y.. .1· Nu . ~ ./f-- Warrn~ty Statement1 Yè& ~ No f\cC.Ú\"HY be l..0611 of. HCGc.l ç\¡<Jrt~1 'i~G ;/. No SUNSTATE METER Þ SUPPLY, INC. _ f t- '. I:Jb/14/91 11:43 SUNSTATE METER $ SUPPLY, INC. P.02 SUNSTATE METER & SUPPLY, INC. Mailing Address ·;·'"":"@¡f.:;t~. Office 8. Warehouse 11207 N.W. 14th Avenue 14222 Newberry Road :,ï,·;...,····'..·· Cainesville. Florida 32606 ¡::~j]~!;)j~::\;:\.;. Gainesville, Florid!'! 8260ß June 14, 1991 Mð. J4c~e Rooney CUy 06 Vebu%.y Be.a.c.h PWl.cha.ð.ing Ve.paJL.tme.nt 100 N.W. 1~~ Avenue. V~ Bea~h, flo~ 33444 VeaJt ,M6. Rooney: Thi.A 1l!.tteJL wiLt .6eJtve M a.u..tholÚza.:Uon 6011. the Cliy 06 . Vebw.y Beach ÚJ puJr.C.ha..6 e watVt. mde./U 066 06 :the. Uty 06 Boc.a Rltton,'.6 W<U:el!. Me.teJt b.£d 6Mm June 15,1991 :.to June: IS, 1992. 1 n we ea.n be. 06 6WtthVt .6Vl.v"¿c.e. p.eea6e do no:t he6i..tfde to C.Oltf:.a.c;t ~. Sinc.eJC.e1.y, SUNSTATE·METER & SUPPLY, INC. 4d.,:vt!:?/ÞfL- W.uLiAm R. Mc.LemM.e. P It.u'uen.:t WRM/f¿e · &~ Qþ 5-0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROt.1: CITY MANAGER~ SUBJECT: AGENDA ITEM # qt\ - MEETING OF JULY 9, 1991 ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS DATE: July 3 , 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period June 25th through July 8th. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved exterior color changes for Buds Chicken and Seafood. -Approved, as a non-impacting site plan modification, the landscape plans for Unity School in conjunction with a modular building addition. -Approved, as a non-impacting site plan modification, the final landscaping and elevation plans associated with dining and activities room additions at the Abbey Delray South Complex. -Approved, as a non-impacting site plan modification, the architectural elevation plan associated with the construction of a passenger loading platform and ticket boot for the Tri-Rail Station. -Approved, as a non-impacting site plan modification, the architectural elevation and landscape plan associated with a 6,600 square foot building addition at the Emmanuel Catholic Church. -Approved, as a minor site plan modification, the architectural elevations and landscape plans associated with the construction of a 3,529 square foot sales and service building, a 1,875 new car prep building, and demolition of a 640 square foot modular building for the Ralph Buick Dealership. -Approved a minor site plan modification and landscape plans for the Water Treatment Plant. Deferred action on the architectural elevation pending the submittal of color samples. -Deferred action on the basic site plan, architectural elevations and landscape plans for the expansion of Miller Park, to allow further evaluation of the access and screening issues. -Approved the basic site plan, architectural elevations and landscape plans for Currie Commons. Recommended that waivers be granted to allow backout parking along S.E. 7th and 8th Street and to allow required perimeter trees in the swale areas adjacent to the park along S.E. 2nd Avenue and across the street along S.E. 7th and 8th Streets. The Planning and Zoning Board and Historic Preservation Board did not hold regular business meetings during this reporting period. · C I T Y COM MIS S ION DOCUMENTATION TO: QID HARDEN, CITY MANAGER THRU: AV~~--L~'s;~CTOR DEPARTMENT OF PLANNING AND ZONING !~''"'" atê4, FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF APRIL 9, 1991 REPORT OF APPEALABLE LAND USE ITEMS JUNE 25, 1991 THRU JULY 8, 1991 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 25, 1991, through July 8, 1991. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Report of Appealable Land Use Items June 25, thru July 8, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 3, 1991: 1- Approved exterior color changes for Buds Chicken and Seafood, located on the south side of S.E. 1st Street, between the Federal Highway pairs (Vote 4 to 0). 2. Approved the landscape plans for Unity School in conjunction with a modular building addition. Unity School is located at the northwest corner of Swinton Avenue and N.W. 22nd Street (Vote 4 to 0). The site plan was approved administratively as a non-impacting site plan modification. 3. Approved the final landscaping and elevation plans associated with dining and activities room additions at the Abbey Delray South Complex, located at the southeast corner of Homewood and Linton Boulevards (Vote 5 to 0). The site plan was approved administratively as a non-impacting site plan modification. 4. Approved the architectural elevation plan associated with construction of a passenger loading platform and ticket booth for the Tri-Rail Station located east of the County Courthouse Administrative Building on Congress Avenue (Vote 5 to 0). The site plan was approved administratively as a non-impacting site plan modification. 5. Approved the architectural elevation and landscape plan associated with a 6,600 sq. ft. building addition at the Emmanuel Catholic Church, North Military Trail (Vote 5 to 0) . The site plan was approved administratively as a non-impacting site plan modification. 6. Approved a minor site plan modification, architectural elevations and landscape plans associated with the construction of a 3,529 sq. ft. sales and service building, a 1,875 new car prep building and demolition of a 640 sq. ft. modular building for Ralph Buick Dealership, located at the northeast corner of Federal Highway and Avenue F . Concurrently, the Board granted a waiver of the sidewalk requirement on Federal Highway (Vote 5 to 0). 7. Approved a minor site plan modification and landscape plans for the Water Treatment Plant located on the north side of S. w. 7th Street, between s.w. 2nd and 4th Avenues (Vote 5 to 0) . The Board deferred action on the architectural elevation pending the submittal of color samples. City Commission Documentation Report of Appealable Land Use Items June 25, thru July 8, 1991 Page 3 8. Deferred action on the basic site plan, architectural elevations and landscape plans for the expansion of Miller Park, to allow further evaluation of the access and screening issues. 9 . Approved the basic site plan, architectural elevations and landscape plans for Currie Commons, located on the west side of S.E. 2nd Avenue, between S.E. 7th and 8th Streets (Vote 5 to 0). In addition, the Board took several actions on various aspects of the development proposal, namely, The Board unanimously recommended to the City Commission that waivers be granted: * to allow backout parking along S.E. 7th and 8th Streets and, * to provide the required perimeter trees in the swale areas adjacent to the park along S.E. 2nd Avenue and across the street along 7th and 8th Streets. Consideration of these waivers will be before the City Commission as a separate agenda item. Also, the Board unanimously recommended to the Board of Adjustment that a variance be granted for the required perimeter landscape setback along S.E. 7th and 8th Streets. No other appealable items. PLANNING AND ZONING BOARD: No Regular Business meeting was held during this period. HISTORIC PRESERVATION BOARD: No Regular Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Maps JA/#57/CCJU.TXT ~B~, ) ]]] I =0 ~ 11 ---I ~ - I - Ó z ~ 'i rI ~ ).. ~ +- a i!: ~ . .... W 13 - .., 4 14 ~ ... i!: ~ .. In S .. 1'\ 1~ ....,J ~ 8 ' v 18 (/) oct 7 17 w 8 w w . 8 18 uS 'ø ... vi vi sa 18 a: 10 20 ì I N t ST. So L 3RÐ II I I II "' r \I "'\ r II I "ì':::J' ' UNITY SCHOOLOc \ .L ( J I ~ LAKE K, \ \ '-/ \ -C \\\ -- e- K"' 1\ - EDEN ' ì \ -, ., ' , ~, 'k ~~~ \~ ~" ~/ ) """-c ...., · ~~~~ ~ ?'~~ - ~:- ~ - ..... 22M I1'KØ ..... - )f - i I I L.\ = == I -I ~ ¡ ¡ ~ ~ . . . ~ -~ . ~ = ~ ~J ~ u () I II.. L t l1li IF. .... .... I .. '11M " ... I'" II' . taIM I ! I I' I I I I I ~.. '7111 -. t71ll I. ~~& ~ I .... 17111 If. -4 ... I .1 1 I I I I I ~...... H= ... .c:=r=:J IT:] .. Ie 111M If. 5U-.J,!-..1.--I II I 1 r , , I ,. I · ~...../:' - . II III I r.'\ ,. '/1 ' , ~ IllPEJIIAL 'llU.U1 ABBEY DELRA Y SOUTH~ :L I 1=.1 8 I '-oj ìI I I L ..J!!. -..."' --=..1- -OJ,; I rr ~ ._ _ -.~ ,/ D) Ë J I-- ? ì':::: II - -,-(- '-I U 1 l' i it THE PINES Ic~ ( ) i _ 11 OE1.RAY \ I TH INES OF D£W'- ~- Q~ ~ ~ .,.... -.:¡.: .! ..:. -....J ~ I fc I I ~... - 1 r ï I UNTDN BOULEVARD 1 I ¡ LW.D.D. L.NUU. r . ~ ~ ~I lit P1 \r a7 LAIŒ -- --. tuI f t"~5[. I -- ~~ fJí ~ ~ ~ "I t-f. ,. ~: =- (__J_~~ L ? ~RH(J~ 1 ~~ ---K ~ ~ ~ ~~ WOOIMI[ ~ ~ ~ ~ ~ ' I ......................-::..-- N t I / _00 I -_#--.. L. I ~ TRI RAIL ST A TION - - I w I ;:) z ~ ~(:, .~ 4' - ~~+ ~ d'~ ~ - w ¿~# ...L III:: " ~B-q. z 0 ~~(f u .. I I III I - V ~.; .I!~ L,J I ~ f- "" // ~ · en ~ - · IX · L,J - u I- Z - III U · d' · ,l$y - · · .¡; ~~ ca ~ ~...... ,,,* EMMANUEL CA THOLIC CHURCH I I .U l J I , I I LÞW'IOII IOUUY~ I I .... I:; I '. IÞ- , 1 ~ IOULIYMD , I - IOUIIY / t! ~ yl (\.AkMtW COLI' CWI) I · I (DuJofCAH CDm:"> , I · 1 l I I: =(f- IC Þ- ,- I~ rJr,.Dll1U. Y (DURAY ) IS I err" TOWN CDrr- tß 'HAS[ PHASE U · I ~ POMI ( , I · I UM"I"CM w. L L CINW. LA1'DM. """ (UNCLE DANOS NURSurr) , I (PALM COURT PUlA) (IOCA- RAY f'lAZA) !9 " I . ::" ~ "\ '¡--, ~ ... - I I I . I - ED WORSE i CADJUAC ~ r- ¡" n . .. r1 - :::= ~ === , SHERWOOD - D£I.RA Y :::::::: DAlHUTStJ PLAZA - - - r- - SHERWOOD >- t PONT1AC i ----- M -¡ ---, SHERWOOO OWC TRUCKS I -!"IMII , I TROPIC ~.---J L þ::: r- --- ~~ ~ - ~ t BAY - ~ AnJU . DEWY t:=::: , ~ TOYOTA =\1 ~ l~ ...., L....:::::1 I ~ -~ A~ t:== ~I f-- I "- Gj/\ l - aI r tl - -!: .. .- MORSE ~II ~. SATUfUt N - - - t ;::::::. - r- L...-- WOBILE-HOWE PARK '-- - , \ d - - SHERWOOO L HONDA - ---., Jf ~~ --1 f- --= I -, .- LllJ::j III WATER TREATMENT PLANT Db . r ST. ~ I a..- U ti - - - . - ~ ~ ~ ~ ST. loW. ITH STJt[[f I I I j I '----- Expansion Site ~ - QI ~ ..M loW. 7TH n. ! Ji M . I ~ - ~ ~ ~[[ R loW. IrM coon . ti "'" It - . .. . ~ ~ 1.-. N III I ~ I j r.l. I... 11M ST. - 31B~ ~ f-( )- i.W. m CT. R 1m It II .. """-- , ~ I I.L . .. , - - , I MILLER PARK I SOUD WASTE c::::== I AUTHORITY "TRANSFER STA1l0N - LAVERS NORTH AVIHUI MILLER PARK (Existing Facilities) ED MORSE LA VERS RAQUET CADILLAC CLUB AD DillON a." - ?S Q -- -- TOWN & COUNlRY ESTATE CONDOS SHERWOOD PONl1AC DOTTPEL ItCW) BUCKY DENIS ~~ BASEBALL SCHOOL NEW WATER STORAGE TANKS 8:~i~ Ç(\~M q rr- ------ J -, . ICURRIE COMMONS PARKlD UlU-.U (11 I I I I I 1 Tt 1 ì 1 IfTTTTì , ~ < t; ___ o ..- ~ --- . :z 0 z i . - .- - 1 . I I ,- ~ en . OJ]] ~ ~ S.L . TH ST. 51 LL .RS ~ 0 0 ITH STREET en 9 L&J r:D :z < II"": 'J, OLA IC 0 SoL 7 TH ~ )( :><)t' 1ST AD ). x x '< )( ~ Lo ~ X ~ )( )( )( )( )( )( > ')( '>( )( )( )( I )( )(:)( x x -2< ')( ')( )(: X)( )( ..¿c )( '>( )( >= x f X)( X lit: .1.. X Q: !.L . TH ST. S ~ll VIE W ~ITIIID ~ 101. I~ COURT . tt (J P ,F K - . 41 . .. &oJ ~ wi ~ - S.L . TIt ST. à) ~ ~ [\ , :J w ~ M I ,,·,1 . ~.~ 1-/101 (¡¡i/OŒ1.ùS ¿ssErJ!¡ íi9 ) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJJ'A.. SUBJECT: AGENDA ITEM # ct t) - MEETING OF JULY 9, 1991 REQUEST TO ADD A LIQUOR SALES USE/ALBERTSON'S DATE: July 3, 1991 We have received a request from Albertson's to add a liquor sales use to their grocery store located in the Delray Town Center. The Project Representative, Bob Basehart, is asserting that at the time of site plan approval, Liquor Sales was not a permitted use under the Limited Commercial (LC) zoning district¡ and that since the zoning has change to Planned Commercial (PC) which allows liquor sales, that Albertson's should be allowed to establish the use. Additionally, he maintains that there were no comments offered by the public or the Commission objecting to the use during site plan consideration. Staff has reviewed the project files and found: 1. The "Package Liquor Store" use was addressed in the Planning and Zoning Staff Report, where it was noted that the use was not allowed under LC zoning. 2. At your August 23, 1988 Commission meeting, the Project Representative, Doug Feurring, offered, among other concessions, That there will be no liquor sales in this store until such time as a demand warrants a request for them to appear before the Commission to request a variance. Further the motion to approve the settlement included language to incorporate the representations made by the developer's representative. 3. A letter from the City Attorney to the Attorney for Delray Town Center transmitting the proposed settlement agreement which included blanks, and representations made by Mr. Feurring. 4. A letter to Mr. Feurring confirming the Commission's actions and listing items to be accommodated which included "no package liquor sales are allowed". It should be noted that there is no mention of an exclusion on package liquor sales in the settlement agreement. However, the record does show that the offer was made¡ it was not clearly rejected¡ it was included in the motion by reference¡ and thus, should be considered binding. The Planning and Zoning Director supports the request and the establishment of the liquor sales use. '11 , 1/ ,_ '\ l'¡"/) C I T Y COM MIS S ION DOCUMENTATION TO: DAVID HARDEN, CITY MANAGER , U C1>im: FROM: VACS, DI CTOR OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 9, 1991 REQUEST FOR ACCOMMODATING THE USE OF "LIQUOR STORE" AT DELRAY TOWN CENTER (ALBERTSON'S) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of allowing establishment of a specific use in Delray Town Center. The authority for consideration of this item rests with agreements made between the Developer and the City Commission at the time of site plan approval (8/88). The request is for establishment of a liquor store as a part of the Albertson's facility in Delray Town Center which is located at the northeast corner of Linton Boulevard and Military Trail. BACKGROUND: Attached is a request letter from Bob Basehart acting as the Project Representative. He asserts that at the time of site plan approval, Liquor Sales was not a permitted use; and that since the zoning has changed (to PC) and the use is now allowed, Albertson's should be allowed to establish it. He maintains that there were no comments offered by the public or the City Commission objecting to the use (at the time of site plan consideration). Staff review of the project file reveals the following: * The use of "Package Liquor Store" was addressed in the P&Z Staff Report where it was noted that the use was not allowed under LC zoning. * City Commission minutes of August 23, 1988, stated that Doug Feurring (Project Representative), among other concessions, offered the following: '11 city Commission Documentation Request for Accommodating the Use of "Liquor Store" at Delray Town Center (Albertson's) Page 2 "2) No Package Liquor Sales. There will be no liquor sales in this store until such time as a demand warrants a request for them to appear before the Commission to request a variance." Further, the motion to approve of the settlement included the following language as it pertained to the agreement which was to be drafted . . . "it will incorporate the representations by the developer's representative". * Letter to Fricke (Attorney for Delray Town Center) from Theile (9/21/88) transmitting a proposed settlement agreement. It was noted that there were "blanks" which included, among other items, representations made by Mr. Feurring at the meeting. * Letter to Feurring from Kovacs (10/24/88), separate copy provided to the City Attorney, confirming City Commission actions and listing items to be accommodated which included the following on page 2: "7. Representations by the developers including: a) No package liquor sales are allowed; b) through e) other items * There is no mention of an exclusion on Package Liquor Sales in the settlement agreement. ASSESSMENT: For whatever reason, the exclusion on package liquor sales which was offered by the developer was not included in the settlement agreement. Obvious reasons could include that a) it was already not allowed under the zoning designation thus it was not an issue; b) oversight in that it was not specifically listed in the motion approving the settlement; or c) a determination somewhere along the line that while offered, the use exclusion was not accepted (required) . However, the record does show that the offer was made; it was not clearly rejected; it was included in the motion by reference; and thus, should be considered binding. Thus, the Director of Planning has declined to make an administrative decision to allow the use to be established. As a part of the original offer there is the language - "until such time as a demand warrants a request for them to appear before the Commission to request a variance" (Le. request the use) . ,.,,, City Commission Documentation Request for Accommodating the Use of "Liquor Store" at Delray Town Center (Albertson's) Page 3 Thus, the item before the Commission should simply be considered as the request which was contemplated. In this context, the Director of Planning supports the request and the establishment of the use as would occur under any other commercial zoning designation (except NC). RECOMMENDED ACTION: By motion, direct the Administration to allow establishment of "Package Liquor Sales" within the Delray Town Center Shopping Center. Attachments: * Basehart Letter of July 2, 1991 * Excerpt of City Commission minutes of August 23, 1988 DJK/#84/CCLICQ.TXT ,.,,, . , ' I\~ , ,¡!~ .!~¡ir.~ ~ , " ,¡ffit~ July 2, 1991 CITY OF DELRAY BEACH - 100 N.W. 1st Avenue Delray Beach, FL 33444 ATrN: MAYOR THOMAS E. LYNCH RE: DELRAY TOWN CENTER Dear Mr. Lynch: I am submitting this letter on behalf of Albertson's, concerning their facility in the Delray Town Center located at the intersection of Military Trail and Linton Blvd. We request that you place us on your City Council agenda of July 9th to discuss the issue of our desire to open an Albertson's liquor store adjacent to the supermarket. The Delray Town Center project (Phase 1) was granted Site Plan Approval on August 23, 1989. At that time it was acknowledged that there would be no liquor store as is customarily operated by Albertsons adjacent to their supermarket, because the property in question was zoned LC-Limited Commercial. The LC district did not permit liquor stores. Subsequently, the City eliminated the LC zoning category as a part of the amendments to the Zoning Code to bring the code into conformance with the new Comprehensive Plan. At that time, the property was reclassified to the new PC-Planned Commercial category. Since the PC zoning classification allows liquor stores as permitted uses, it is Albertson's intent to include such at the Delray Town Center project. The City Zoning staff has advised us that they will not allow a liquor store at this project administratively. We have been told that the resolution of the matter lies with the City Council. They maintain that commitments offered by the applicant in 1988 were incorporation by reference as conditions of approval. We maintain that discussion related to the possibility of having a liquor store was not offered . as a commitment, but rather was offered as an observation of code allowances at the time. There were no comments offered by the public or the Council expressing concerns or objections to such a use in this project. In light of the fact that Albertsons liquor stores are clean, quiet and low impact operations; and that such uses could be established in either of the other two shopping centers at the same intersection, there wonld be no valid purpose in not permitting such in the Delray Town Center. S Urban Design ~Æ~ErrW!EID) Urban Planning Land Planning Landscape Architecture HOME\PAT\15128.13 4 Communication Graphics 2000 Palm Beach Lakes Boulevard 2 1991 Suite 600 The Concourse West Palm Beach. Florida 33409-6582 PLA,NN!NG 8, ZQi\HNG 407.6890066 Stuart. FL 407283.0022 Newport Beach, CA 714.642.1090 ... ,.." " '" k 'fl. .':~ ,j ;~1 . I,ç . . ~', " ; ,1 " CITY OF DELRAY BEACH - July 2, 1991 Page Two Thank you in advance for your attention to this matter. We look forward to discussing this issue with the City Council on July 9th. Very truly yours, URBAN DESIGN STUDIO ~e~¿.®~\ Robert E. Basehart Principal REB/pl cc: David Harden, City Manager David Kovacs, Planning Director Frank Morvitz, Albertsons HOME\PAT\15128.13 5 .'111 --~----- - ----- -- ~------_............. VB \oUt:: nours of operation and she would like the developer to use compacters in place of dumpsters in the rear of the shopping center. Ms. Horenburger stated she feels, initially, the property was more appropriately zoned residential; however, the current zoning exists. She has a concern with the hours of operation and reiterated the need for an impervious tree buffer between the store and the Duncan Center. Discussion followed with regard to signalization without impacting the Las Verdes entrance. Upon question, Gerald Church, City Engineer, stated at the north entrance there is a turn out and a cross- over to turn left but there is no signal proposed at this time. Upon question, the City Attorney advised if there is concern as to responsi- bility of the cost of the signalization at such time as it is required, the Conunission could impose tha t as a condition of the settlement. : The City Manager stated it could be stipulated that the portion of those warrants generated by the improvements of the developer would be their percentage of the total cost of the signal. Ms. Horenburger stated even though she voted against the rezoning of LC, legally and in good conscience, she feels she must vote yes. Mr. Weatherspoon stated he feels the developer should be required to assume the cost of the signalization at the intersection of the Las Verdes entrance. ~~. Feurring objected to the total cost, but was agreeable to paying the percentage that will be generated by the shopping center. Mr. Weatherspoon moved to approve a settlement of the pending litigation involving the Delray Town Center that is now pending against the Ci ty by having the following set forth in a settlement agreement executed by both parties, i.e., approving the site and development plan subject to the following four items: 1) The Planning Director's ~ mémorandum which lists the Conditions Nos. 1 through 6, be part of the ". site plan approval; it will incorporate the representations bv the deyeloper's representative, such as the cutoff dates and times for ~~ ~elivery trucks in the evenings: it will incorporate the Mayor's request that there be an impervious tree line on the north side of the property, along with a wall and a hedge on the north side of the wall, assuming ~ that it is not otherwise required by the current site plan: the develop- ;t' er be required to pay, in its entirety, for the signalization to be ~ located at the Las Verdes entrance. 2) The hours of operation of all ~ the stores or businesses located on the site be limited to a specific cJ hour no earlier opening than 6:00 A.H. and no later closed than 10:00 CJ P.M., seven days a week. 3) This site plan be incorporated into, specifically, the settlement agreement. 4) The settlement agreement be approved and adopted by the Court in the lawsuit so tha t no further ~ modifications to the site plan ..·..ould be permitted without petitioning ~- the COULt and having the Court approve such a modification, seconded by ~ Ms. Brainerd. Upon question, the City Attorney confirmed that after the Commission votes, the agreement must be put into written form and submitted to the applicant for ratification. Otherwise, the settlement offer as proposed in the written correspondence, is rejected, and this is a counter offer of settlement. The City will accept a settlement of the litigation over the property site/development plan issue on these terms and conditions only. Mr. F'eurrlng stated they cannot accept this settlement as proposed based on two points. Those two points are: 1) they will agree only to an 11:00 P.B. clos~J1q, and th~v h~vp ~C1rppn to,.., '.1;:>;'10 +-ho ,..,ffo,," '''' ~ 4."- --- .-- completed 'in phases, the applicant \·;ill probably return to the Commis- sion at some later date. He indicated to the developer that the City will be looking carefully at Phase 1, to ensure that the family play- ground will indeed materialize in order to encourage family develup' ments. At this point the roll was called to the motion. , _. ..... ..; .., ...... ,,,,~ .~ ~ t- 3l.-s1te and Development Plan - Delray Town Center: The Commission TSto consider a request for modification of a site and development plnn to allow Albertson I sat Delray Town Center, loca ted at the corner of Linton Boulevard and Military Trail. The City Attorney advised this is a site plan review, but it is before the Commission as a settlement offer of litig~tion involving t!\e City and the developer. By approving a settlement offer, the conuniss),on will be approving a site plan. The City Hanager stated the owner, Anthony Pugliese, is re- questing a major modification to a previously approved site and develop- ment plan. He gave the five standards required by the P&Z Board that must be met prior to granting approval. -3- 8/23/88 Upon request, Mr. Kovacs stated this is a technical modifica- tion to a previously approved site plan. A year ago there was a propos- al before the P&Z Board that contained two technical code violations and that site plan was denied. Since the item went into li tigation, the previously approved site plan of 1986 continues. He then presented a summary of the.staff report and the five standards to be met prior to approval of the site plan. ~..... - ...,..., ....... ._-.~.. ~"r ~. ___., Doug Feurring, from the firm of Schmeir & Feurring Properties, ~ representing the owner, stated they became involved with the owner as a neighborhood shopping center developer. The building design has been iP approved by the Community Appearance Board. After presenting a detailed ~ summary of the project, he stated he feels they have been extremely ~ sensitive to the surrounding area. He stated Albertson's is prepared to make certain concessions as follows: 1) Limited hours of operation from _~ 6:00 A.M. to 12:00 P.M. for a 6 month minimum period. If at that time, ~ they determine they would like to try a 24 hour operation, they would ~ notify the City and request a trial period of 90 days. It would then be ~ the discretion of the City Commission whether, it should continue. 2) No v' Package' Liquor Sales.- There will be no l' uo sales in th' ----;- (j suc t.1.rne ,as' a emand warrants a-~fequest for them to appea,: _b.e.f~:.ther ·Comrn4-ssion to'request a variance. '. 3) No truck deliveries between 1,0:00 P.M. and 6:00 A.M. 4) Wall washers will be used for lighting in ~lace ~. of standard lights and very low lighting in the rear to eliminate light -- leakage to the Duncan Center. 5) The HVAC equipment will be moved ~ forward to mitigate any possible sound penetration. He concluded by ~ stating he feels it to be a project the Delray community will be proud of. The following persons spoke in opposi tion of the Albertson project: Hugh Clinton, George Anderson, Norman Anderson, Bob Fine, Irving Brand, Helen Coopersmith, Norman Ross and Jeanette Slavin. Mayor Campbell stated he feels it is unfortunate this is not a zoning issue. If this plan had been zoned SAD instead of Commercial when the original site plan was submitted, all the arguments mentioned tonight would have been permissibls because the City hª~ mQre arbitrary ""''''''.1'.nt,_ ....._ ,...3_....",..... . I . . [ITY DF DELRAY BEA[H .1-J July 11, 1991 Mr. Tommy L. stevens Chairperson Roots Cultural Festival, Inc. P.O. Box 2654 Delray Beach, FL 33447 Re: Resolution No. 56-91/Roots Cultural Festival Dear Mr. Stevens: Attached is a copy of Resolution No. 56-91 supporting the Roots Cultural Festival, Inc. in their efforts to sponsor the fourteenth annual "Roots Cultural Festival" in the City of Delray Beach, Florida. This Resolution was passed and adopted by the Delray Beach City Commission in regular session on July 9, 1991. If I can be of further assistance, please do not hesitate to contact me. Sincerely, r/1~i(11C-j:/Á.t~7 /htir Alison MacGregor Harty City Clerk AMH/m Attachment cc: David T. Harden, City Manager THE EFFORT ALWAYS MATTERS ~ R.w .#.50- c¡ I Clppco-<X~ &~ ~ ~di C2p¡xo-uedL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ffl-1 SUBJECT: AGENDA ITEM # q~ - MEETING OF JULY 9, 1991 RESOLUTION NO. 56-91/REQUEST FOR FUNDING - ROOTS FESTIVAL DATE: July 3, 1991 This is a multiple action agenda item. The first item is the approval of Resolution No. 56-91 supporting the Roots Cultural Festival which is to be held July 20, 1991 through August 11 , 1991. Secondly, there is a request for funding in the amount of $2,000 to defray the costs of the festival. Additionally, the Roots Festival Committee is requesting that the City pay one-half the cost for security, approve a temporary tent permit, waive the stage rental fee, and permission to use the City's Park and Recreation staff during the Festival. Staff has reviewed these items and have made the following recommendations: 1. Police Department will provide approximately 32 police officers, some of which will be on-duty¡ thereby reducing the amount of money that will be spent on security. Security costs for last year was approximately $5¡000. ") Community Improvement Director recommends approval of the L. . request to erect temporary tents at the Municipal Tennis Courts on July 27 and 28th, and at Pompey Park on August 9th through 11 th. 3. Parks and Recreation Director recommends approval of the request to use staff and approval of the waiver of the stage rental fee. It should be noted that last years overtime costs of the Parks Maintenance Division was $2,100 which was paid out of the Parks and Recreation operating budget. A complete schedule of activities is attached as backup material for this item. The $2,000 requested is already budgeted in Account No. 00l-1111-511- 33.8l. Recommend approval of Resolution No. 56-91, request for $2¡000, waiver of stage rental fee, issue temporary tent permit; and, consider the remaining items requested by the Roots Festival Committee. '. -~.._----- -- ~- ----.-----..----- -~--_._-_.._-~..__._-_._.- RESOLUTION NO. 56-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. , IN THEIR EFFORTS TO SPONSOR THE FOURTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc. , is sponsoring the fourteenth annual "Roots Cultural Festival" on July 20 through August 11, 1991, in the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage of the people of African ancestry in our City; and, WHEREAS, this idea was conceived by Je fferson Manor Homes Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City; and, WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry and will also provide a wholesome outlet for involving the young people in the community in constructive activities; and, WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, math and oratorical contest; to promote physical fitness through golf, tennis, bowling and basketball tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions; and, WHEREAS, the highlight of the festival will be "The Marketplace at Roots", which will focus on visual and performing arts, ceramics and jewelry, presented by South Florida artists in a festive setting, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. , in their efforts to sponsor the fourteenth annual "Roots Cultural Festival" in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 9th day of July, 1991. MAY 0 R ATTEST: City Clerk . , " I ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DELRAY BEACH, FL 33447 (407)278-0139 - ~ - - June 21, 1991 ~ ALISON: For agenda PARKS & REC ) For staff review. POLICE ) COMM IMPROVEMENT) ,Comments needed by His Honor The Mayor Thomas Lynch July 3rd for July City of Delray Beach 9th agenda. 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mayor Lynch: The time for the Roots Çultural Fesûval is here again. We expect our 14th Annual Festival to be as successful as always. On behalf of the Festival Committee, I would like to thank the City of Delray Beach for its past participation and resolutions supporting our efforts to· bring positive cultural activities to the Delray Beach area. We are again asking that a resolution be granted by the City Commissioners sanctioning the efforts of this organization through the support of the various municipal departments. We will be utilizing the same plans for security as we , used last year. Having worked closely with the Police, Parks and Recreation and other' departments, we are certain that we will be able to give positive influences to the City. ...:.; - The community enthusiastically looks forward to this event each year. Through our statewide contact and national promotions, we have caused the name of Delray Beach to become synonymous with summer cultural expenences. Attached, please find a copy of our tentative schedule, security plan and a support request list. We are looking forward to seeing you and others of the Commission at our festivities, which are planned for July 20, 1991 through August 11, 1991 at the Pompey Park Recreational Complex. Sincerely, ---1~ £.ft~ TÕÌñIny . Stevens Chairperson cc: Vice Mayor David Randolph, Sr. Deputy Vice Mayor Jay Alperin Commissioner William Andrews Commissioner Armand Nouw City Manager David Harden . .. . ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DELRA Y BEACH, FL 33447 ( 407)278-0139 SUPPORT REQUEST LIST 1. A donation from the City of $2,000 to go towards the operating expenses of the festival. 2. The City to pay for one-half the cost of security for the Festival. 3. The City to waiver the fee for the rental of the stage from Friday August 9 through Sunday, August 11. 4. The City to allow the merchants along Atlantic Avenue to display the "ROOTS" flag. 5. The City" tô allow a permit for a tent to be placed at the Delray Municipal Tennis Courts the weekend of July 27 through July 28 for the Tennis Tournament. The tent will be rented by the Festival and will be a temporary structure which would be used for shade during the tournament. 6. The City to allow a permit for a tent to be place at Pompey Park the weekend of August 9-11 for the "Festival in the Park" activities. The tent will be rented by the Festival and will be a temporary structure which would be used for the "Marketplace at Roots." 7. Full utilization of the Pompey Park facilities and staff for the entire Festival - (July 20, 1991 through August 11, 1991). - ROOTS CULTiJR'''L F 3S'I' IV.,L, INC. CALENûA~ OF EV~~T3 JULY 20, 1991 - AUGUST 11, 1991 JULY 20 SATURDAY ROOTS KICK OFF DANCS CHAMPS JULY 21 SUNDAY DEDICATION seRVICE & 7PM- GOSPEL FEST POMPEY J:.-.RK JULY 24 ¡,IEDNESDAY FILM FESTIVAL & Bh~CK HISTORY POMEY PARK JULY 26 SATURDAY TENNIS TOURNAMENT 8AM"'5FM 27 DELRAY TENNIS 28 CENTER JULY 28 SUNDAY GOLF TOURNA!'1ENT SAM SHOT GUN VILLA DELRAY GOLF COURSE JULY 31 tEDN2SDAY S~ELLING BEE FRELIMINARY 7PM FONFJ:::':!: f'ARK AUGUST 2 BRIDAY_ BASKETBALL TOURN~~ENT 7PM PONJ?EY fARK _"UGUST 3 SATURD,W BASKETBALL TOURNAMENT S· Al>l POMPEY PARK BOt/LING TOURNAMENT 10 Ai"1 I 1 & 3 PM FAIR LANES BOYNTON .-ilJGUST 4 SUNDAY BASKETBALL TOURNAM~NT SAM POMPEY PARK OR.,\TORICAL CONT¡;;ST 7 PM ST. PAUL BI'.FTIST ChURCH .,>UGUST 5 .'1 0 ND.'>).' M.'>.TH CONT'BST 6 PM PO!'lfEY f,."RK SPELLING BEE/ 7 PH ESS~Y CONTEST' POì'1HY FARK AUGUST 6. 'l'U¿SDAY YOUTH ON FAR!WE: 7 PM AUGUST 9 FRID~Y ROOTS FARADE 7 H¡ W£ST ATh~NTIC AVE CORONATION FOLLOWING fARADE JAZZ & POETRY AFTER CORONrlTION fOMPEY fARK .iWGUST 10 SATURDAY FLAG RAISING S~l POMHY FARK PRAYER BREAKFAST SI30 AM fOMfEY PARK M...I\RKETFL.!I,.CE 10 Am POMPEY fARK ALL DAY ENTERTAINMSNT 10 AM - lHM l-'OMFEY PARK AUGUST 11 SUND_",Y GOSPEL ENTERTAINM¿NT 2 I'M - 7 PM . fOME:::':!: h.RK "·t . , . ROOTS CULTURAL FES'l1 IVi:.L I INC. CALENDAR OF EVENTS JULY 20, 1991 - AUGUST 11, 19:~n. JULY 20 SATURDAY ROOTS KICK OFF DANCE CHAMPS . JULY 21 SUNDAY DEDICATION SERVICE & 7PM- GOSPEL FEST POMPEY fARK JULY 24 W2.DNESD.AY FILM FESTIVAL & BLACK HISTORY FOMPEY PARK JULY 26 SATURDAY TENNIS TOURNAMENT 8AM&5PM 27 DELRAY TENNIS 28 CENTER JULY 28' SUNDAY GOLF TOURNAMENT SAM SHOT GUN VILLA D:ÐLRAY GODF' COURSE JULY 31 iVEDNESDAY SPELLING BEE PRELIMINARY 1'PM POMPEY PARK AUGUST 2 ERIDAY_ BASKETBALL TOURNAMENT 1'PM f',. POMPEY PARK AUGUS'I' 3 SATURDAY BASKETBALL TOURN.~ENT a'AM POMPEY PARK BO'dLING TOURNl\MENT 10 .~'¡i , 1 & 3 PM FAIR LANES BOYNTON .~UGUST 4 SUNDAY BASKETBALL TOURNAMENT 8AM POMPEY PARK ORATORICAL CONTEST 7 PM ST. PAUL BAFTIST ChURCH ;'iUGUST 5, MONDAY M.~TH CON'I'£ST 6· PM ¡"OMFEY PARK SPELLING BEE! 7 PN ESSAY CONTEST" POz.1fE'x fARK AUGUST 6. 'l'UESDAY YOUTH ON F-ARtiDE 7 PM AUGUST 9 FRIDAY ROOTS PARADE 7 H1 WEST ATLAN'l'IC AVE l CORONATION FOLLor.'i'ING FARADE JAZZ & POETRY AFTER CORONATION POMPEY PARK I i AUGUST lO SATURDAY FLAG RAISING 8 Moil I POMPEY FARK ' PRAYER BREAKFAST .. 8ì30 AM ¡ POMPEY PARK M.,~RKETPL..~CE 10 Am POMFEY FARK ; I ALL DAY ENTERTAINMENT 10 AM - 11PM POMPEY PARK AUGUST 1l SUNDAY GOSPEL ENTERTAINMENT 2 PM - T PM FOMf:¿Y I-A.RK ) l \. . ..' 3IlN3A" H.I.Ol: "M'N " ' I ;. ,. \. 00 ~u //~ --- E-t ~ \. . ./- ~ I ~._ ~ ~ I o Zl, U H . . ~ I J i U) . ' H .. ____ _ _'__..... ..". ...--------- ø.. ¡ --.-- -r ~ .!a I . I E-t M r E-t < . E-t I ~ ~ is w Þ; Q ~~ .. . Z u~ ~ t-s' ä ;?cl~~ u , . tJ) f-t J. 0 +_ M z ~ N ~ } E-t :E: i . ~ ~ \ ~ Q ~ ~ ·:l Z ~ 8 I ~ Ø4 t . il .;\ i' 'J ' ... j!à \. I' i < 0 j Q t:Q ~ w~ , W'H fo4(1) ì ~ Q < S 3.A'" H.ttt -M-N , ~ LJ ~ U \ j , ~ r----. H...:I "'" . 8~ .~ ttL~ H~ ., ~. o E-t'" .... . Ø4 00 0\ ~ ~ w~ tù 10 U). tI4 , ~ E-t · H 8U) C&.& ~ ..( II) Q ZD:U1Q 0 ~ ~ ~~8 fJ.1 ~ D· U)ugE-t u E-t. H U) ã tI), ~ J&cD:G 1. Î_ · u :j ª ~ ~ ~ ::f ~ t\ ,cC 0 ~ zlC( ~(' '~ :E: ::c H <:) . W,c( E-tuø::ø:: .~... U) H 8<~0 . . C4.,cC " M C C&.& . N. 8 ~ - . '0 ~ < ~ - ø I . -, . _ t ¿~ . Delray Beach Police Department 300 West Atlantic Avenue . Delray Beach, Florida 33444·3666 (407) 243-7888 Fax (407) 243-7816 MEMORANDUM TO: David T. Harden, City Manager FROM: Richard M. Lincolnf~nterim Police Chief DATE: July 3, 1991 SUBJECT: RQQ~Q_Çº~~º~~_r~Q~!Y~~ The Police Department will follow the same staffing plan for the Roots Festival-199l that was used in 199Ø. A total of 32 officers committed 275 man-hours to this event at a total cost of $6,6SØ.97. This year, due to staffing availability, we are in a position that will allow us to assign on-duty officers to selected activities, thereby reducing considerably the amount of money that will be spent on security by both the Festival Committee and the City of Delray Beach. The Patrol Division Captain is presently addressing the staffing issue. RML/gb AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY · - MEMORANDUM TO: ALISON MACGREGOR-HARTY, CITY CLERK FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ RE: ROOTS CULTURAL FESTIVAL, INC/TENT PERMIT REQUEST DATE: JULY 2, 1991 ITEM BEFORE THE CITY COMMISSION - -- Roots Cultural Festival, Inc. Support Request List, items number five (5) & six (6) requesting City Commission approval to erect two (2) tents associated with the Cultural event activities; one at the Delray Municipal Tennis Courts the weekend of July 27 & 28th, 1991; the second on the grounds of Pompey Park for the "Marketplace" activities, from August 9 - 11, 1991. BACKGROUND: Section 2.4.6 (H) (3) (a) governing uses under a tent specifically provides for the erection of a temporary tent for assembly occupancies to protect the public from the elements. All temporary tents must be approved by the City Commission. Roots Cultural Festival, Inc. has received approval for such temporary tent erections over the past several years. All regular permi t requirements will be followed. RECOMMENDATION: We are recommending City Commission approval of the erection of two (2) temporary tents for the specific dates and locations pursuant to the request of the Roots Cultural Festival, Inc. B:Roots.LB/Lr-2 . . . . MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Roots Festival DATE: July 3, 1991 The Roots Festival is a two week event taking place primarily at Pompey Park. The festival uses the gymnasium and outdoor facilities for their activities. Overtime cost last year for the Park Maintenance Division was $2,100. Parks and Recreation '''. · ~/W/~f¡¡~~ vU~~r~~ MEMORANDUM ~ ~ ~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q,P - MEETING OF JULY 9, 1991 WAIVER OF IN-LIEU OF IMPROVEMENTS FINANCIAL GUARANTEE DATE: July 3, 1991 We have received a request from the Drug Abuse Foundation for a waiver of the provisions of Land Development Regulations (LDRs) Section 2.4.10 (B) , which requires that a financial guarantee be provided in-lieu of installation of infrastructure improvements. The Drug Abuse Foundation is scheduled to take possession of the First Baptist Church of Delray in January 1992¡ however, they have entered into an agreement with the First Baptist Church of Delray for early access to renovate the Sunday School Building. In return, the Church will continue to occupy the sanctuary, office and day care center until July 1992. In accordance with the Land Development Regulations all on-site work is to be completed prior to issuance of a Certificate of Occupancy. However, the Drug Abuse Foundation is requesting that the improvements to the parking lot be delayed until the Church has vacated the premises. Thus, we have a situation where a structure will be ready for occupancy and the associated site improvements will not be under construction or complete. Previously, staff has issued Temporary Certificates of Occupancy, when financial guarantees or similar agreements to construct improvements were provided. In this case however, the Drug Abuse Foundation is requesting a waiver of the financial guarantee provisions¡ and therefore, Commission action is required. The financial guarantee required in-lieu of improvements is equal to 110% of the cost of the improvements as estimated by the developer and concurred with by the City Engineer. In this case the guarantee is estimated to be between $85,000 to $100,000. Should the Commission waive, the financial guarantee, the Drug Abuse Foundation is willing to enter into an agreement which would guarantee that the on-site parking improvements will be made in the future. Recommend approval of the Drug Abuse Foundation's request for waiver of LDR Section 2.4.10 (B) and direct the City Attorney's Office to draft an agreement which provides that the on-site parking improvements will be made at the First Baptist Church site. - '''1 l'7~ ./ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID HARDEN, CITY MANAGER þ~\~~d\~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 9, 1991 REQUEST FROM THE DRUG ABUSE FOUNDATION RE RELIEF FROM FINANCIAL GUARANTEE FOR IMPROVEMENTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting special consideration with respect to the manner in which accommodation of on-site improvements will be handled. The affected project is conversion of the First Baptist Church to the Drug Abuse Foundation Campus. It is located at the southwest corner of S. W. 4th Street and Swinton Avenue. BACKGROUND: The use of this site as the maj or campus of the Drug Abuse Foundation has previously been approved through the rezoning and conditional use processes. It had been anticipated that conversion would not occur until after the Church relocated to its new facilities which are currently under construction on Military Trail. As explained in the attached letter, the Foundation wishes to begin conversion prior to that time. A problem arises in that it is important to retain the current amount of parking in order to accommodate worship services (until the church relocates). Also, the delay has created a cash flow problem for the Foundation. Thus, we will have a situation where a structure will be ready for occupancy and the associated site improvements will not be under construction. Usually all on-site work is completed prior to issuance of a Certificate of Occupancy (CO). In some cases, an administrative action is taken to issue a Temporary CO provided that there is a reasonable financial guarantee or other means to insure that the on-site improvements are installed. Because of the unique situation presented in the Foundation's letter, the matter goes beyond that normally assumed under administrative authority. Thus, the matter has been placed before the City Commission. City Commission Documentation Request From The Drug Abuse Foundation Re Relief From Financial Guarantee For Improvements Page 2 ASSESSMENT: Given the unique circumstances of this physical situation, the unique financial arrangements of the Foundation, and the unique relationship between the Foundation and the City, neither the Chief Building Official nor the Director of Planning object to making special accommodations. However, their position is based upon the extremely unique nature of this request and its circumstances. Support for other requests for special relief from providing on-site (or off-site) improvements prior to issuance of occupancy permits should not be anticipated. RECOMMENDED ACTION: By motion, direct the Administration to provide special consideration to allow issuance of a Temporary Certificate of Occupancy to the Drug Abuse Foundation with respect to use of structures prior to completion of on-site and off-site improvements. Attachment: * Drug Abuse Foundation request letter of June 17, 1991 DJK/#82/CCDRUG.TXT 660 Linton Blvd., Suite 202, Delray Beach, FL 33444 407/278-0000 732~BOO June 17, 1991 ~!(Cm:HWJEJD) Mayor 'lb:Iras E. Lynch DRUG ABUSE Ci ty of Delray Beach JUN 19 199t IFtOJ (UJ 1M (Q) ~ ,. ~ (Q) 1M 100 NV 1st Avenue of Palm Beach County, Inc. Delray Beach, Florida 33444 ;(:;1_ ,~~7i~ \:~ :~\<.~ ·F ~A.:·' i: .r ,,-(;;. OFFICERS Claudia A. Sweeney Dear Mayor Lynch: President Jerry Taylor As I am sure you are aware, the Drug Abuse Fatmdation of Vice President Palm Beach Cotmty is in the process of purchasing the Paul Steele First Baptist Church of Delray for its future a::nprehensi ve Treasurer canpUS site. Sue McMaster Secretory Closing on the site is scheduled for January 15, 1992, h<:::1iJever, Richard Siemens due to the fact that the Œlurch will oot be in a posi lion to Ufe Director IIDve out until July l5, 1992, æ have entered into an agreerrent Leon M. Weekes with them which will allow the Foundation early access to Life Director their Sunday School building for renovation purposeS. In turn, the Church will occupy the sanctuary, office and day care center DIRECTORS until July 15, 1992. Emest G. Simon Raymond E. Gerner In working out this plan with David Kovacs of your planning Lorenzo BrooKs Addie l. Owens depart::Irent, it has becaœ evident that the on-site renovations Kathleen Daley to the parking lot ~d best be m3de upon the Church vacating Herbert Gimeistob the premises next surrrrer. David has explained to us that in Denny De Slo such a case, a band or letter of credit rrust be tx)St.ed to ensure Donald Ralph Daniel Gewartowsk~ D.D.S. that these iJrprovaænts are in fact carried out. '11ú.s is Matthew ·Bump· Mitchell understandable. Alton Taylor. M.Ed. 'lhe Foundation did oot anticipate this occurance of events and Executive Director is having to rearrange its resources in order to accaroda.te TREATMENT PROGRAMS this œw tiJœ-table. While æ feel a::rnfortable that æ can Screening. Evaluation. and handle this situation, æ do see an $85,000 to $100,000 letter Case Mar'lagement of credit expense for a one year tiIœ period as a great deal Residential Services of IIDœy æ could better spend on services. As an agency, we have tried to maintain our unparalleled status of offering Outpatient Services the greatest arrount of service for each furrling dollar, as Day/Night Services opposed to administrative or overhead costs. We believe that Family Services this is oœ of the reasons æ have been successful in obtaining funding fran sources such as the City of Delray Beach. Each PREVENTION PROGRAMS funding source knows where its dollars are going. ALPHA I Program Boynton Beach 'lhe Foundation respectfully requests a waiver fran this require- ALPHA II Program rœnt fran the City of Delray Beach. 'lhe Foundatia.., tNOuld gladly Boca Raton enter in an 'Agreerœnt to Work I order, or sarething similar ALPHA III Program as a pledge of good faith. Delroy Beach Early Intervention Program Follow-Up and Outreach Program _1 . "Working Together In Partnership For A Drug-Free Palm Beach County" . . Page 2 '!he Foundation is extrezœly grateful for all the help the City has given us in the past arrl in the present. Were it not for the consideration given us by the City we \\Quld have ~ienced far lIDre hardships than is expected during a grcMth t.ilœ for a non-profit agency. Once again, we are asking for your sUfPJrt. On behalf of the Foundation, I \\Quld be very happy to appear before the City Carmission to answer any ql..Estions they might have . Should you need to reach rre for any reason, IY¥ work number is (407)790-4848 and my home number is (305)421-3313. STe1Y, - (i ~~Y President cc: David Kovacs, Planning Director '·"1 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA I TEN # . e - MEETING OF JULY 9, 1991 REQUEST FOR FUNDING DATE: July 3 , 1991 We have received a request on behalf of Donalda McCarty for funding in the amount of $1,000 and waiver of City fees for fund- raising activities to assist in defraying the costs of her acceptance in the Up-with-People organization. Up-with-People is an international organization which provides young men and women year-long opportunities for cross-cultural education, diverse community service, on-stage musical performance experience and extensive world travel. Ms. McCarthy is a resident of Boca Raton and attended Boca Raton schools. Her mother, Mrs. Alberta McCarthy Baldwin, operates a business within the City and is a member of the Delray Chamber of Commerce. They are proposing to raise funds by holding a dance, car wash, selling dinners, soliciting private donations, etc. The types of fund-raising activities proposed may or may not require a permit depending on where they are held and how they are sponsored. As an example, a dance may be sponsored at a recreational facility or other type of hall commonly used for such purposes and tickets sold to raise funds. Such an activity would not require a permit; however, there would be rental fees associated with the use. In the past, the Commission has not favorably considered individual requests for funding. Therefore, staff has recommended denial of the request for funding. As for the waiver of fees, more specific information is needed in order to determine propriety of taking such action. Recommend denial of the request for funding in the amount of $1,000 for Donalda McCarthy and defer action on request for waiver of permit fees until such time as specific information is provided regarding the types of fund-raising events to be held. ~þ~&~~~ió- ~ oj ~). AðúJL¿H/J) ~ F ~ & #..L ~ a¿JJtnUJwd:L~!¿~~~ úKupJ Ýi-4¡ ~. ~ ~ ð) fX~ Ct5nuL- ú.p toLd ~ ~~ ~ kd~. I - . Agenda Item No.: AGENDA REQUEST D t 7/1/91 a e: Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 7/9/91 Description of agenda item (who, what, where, how much): Request for Donation of $1,000 for "Up With People" concert tour Commission consideration for waiving fees for fund-raising activities ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Denial Department Head Signature: d~.ð<../ ~--_. ~ , Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '-'I MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT '# RE: REQUEST FROM BOCA RATON HIGH SCHOOL STUDENT FOR A DONATION TOWARDS FEE FOR PARTICIPATION IN .up WITH PEOPLEõ -- --- DATE: JULY 1, 1991 ITEM BEFORE THE CITY COMMISSION: - -- A formal request from the family and friends of a Miss Donalda McCarthy for a $1,000 contribution towards her total fee of $10,500 for participation in the Up with People Concert Tour for one year beginning July 1, 1991 and to waive any permit fees associated with fund-raising activities. BACKGROUND: As far as we can ascertain, Miss McCarthy lives in the Ci ty of Boca Raton, and attended Boca Raton Schools. Her mother, Mrs. Alberta McCarthy Baldwin operates a business called Current Trends Realty, located at 1491 S. Congress Avenue, Delray Beach and has been a member of the Delray Chamber of Commerce since February, 1991. The type of fund-raising activities proposed mayor may not require a permit depending on where and how they are sponsored. As an example, a dance may be sponsored at a recreational facility or other type of a hall commonly used for such purposes where tickets are sold at the door as a means of fund-raising. Such requests do not require a permit fee but may come with rental fees associated with the use of the facility. We would need more specific requests and information on proposed activities. RECOMMENDATION: We would recommend that the City Commission deny the request to provide a donation in the amount of $1,000 for a Boca Raton resident and student participation in the Up with People Concert Tour for 1991. We would also recommend the Commission consider waiving fees for fund-raising activities based on specific requests and upon the submission of detailed information such as dates, time, place, locations and targeted population for each activity. B:FundReq.CC/McCarthy/LB-LR2 - 2 June 26, 1991 City of Commission 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Sirs: The City has the rare opportunity to promote and assist one it's youths. Miss Donalda McCarthy has been selected, over numerous app 1 icants, to join the Up With People program. As you may be aware Up With People is a non-profit organ izat ion which provides the opportunity for young adults to be part of a cross cultural education program. Miss McCarthy is a graduate of Boca Raton High School. She was on the Prom Committee; President of the Video Yearbook Committee; l>l as a member of the Dance Team; a Varsity Cheerleader; served on the Boca Alliance for Student Excellence (BASE) and was a member of the Student Government. Outside of school, she is a member of The Florida Wave Drum and Bugle corp; Quintessence Winter Guard; and Alliance of Miami winter Guard. Through these e~<tra curricular activities, Miss McCarthy has actively promoted both the City of Delray Beach as l./e 11 as Boca Raton. Her ability to participate in the Up With People Program will also reflect positively upon the city. Currently her mom has a business in Delray Beach, sits on the Delray Beach Board of Realtors and is a member of the Chamber of Commerce in Delray Beach. Her fami 1)' and friends are currently exploring methods of raising funding in order to cover the costs associated with her acceptance into the up With People program. Several alternative methods, 1. . e . , car t<Jash, d anc e , selling dinners, etc. have been discussed. As such, "Je are requesting that the Council donate $1,000 to assist in paying for her program costs, as "Je 11 as ¡£I a i v ing the fees for any permits necessary to hold fund raising events '£Ii th in the City. Attached are copies of her acceptance letter, and literature regarding the Up With People Program. Your assistance in this matter will be greatly appreciated. Please lend your support to th is l<Jorth¡.,h i Ie effort. Thanking you in advance, "Je are Family ~< Fri ends ~ v Up with People Understanding in Action Worldwide .....~ ". - ? 3103 North Campbell Ave. Tucson AI. 85719. U.S.A. Up with People" Telephone: 602-327-7351 FAX: 602/325-3116 SILVER CELEBRATION March 13, 1991 . Miss Donalda McCarthy 1099 SW 7th street Boca Raton, FL 33486 USA Dear Donalda, congratulations! We are pleased to invite you to participate with Up with People; a world of people, a lifetime of experiences. We hope that it will be possible far you to be with us for the year beginning in July, 1991. Up With People offers you the opportuni~y to be part of a unique experience of cross-cultural education, on-stage performance, valuable community service, and extensive world travel with young people from all parts of the globe. Your year of learning, which will be exciting as well as challenging, will help you develop a life-long vision of building peace through understanding. Being a member of Up with People means that you have special qualities. Maturity, sincerity, motivation, enthusiasm, curiosity about the world, and an ability to communicate are characteristics that cast members share. Your year with Up with People will enhance those qualities while helping you develop leadership and career skills, greater self-confidence, sensitivity to others, an understanding of the global community, and a commitment to service. At the same time you will develop friendships with your fellow cast members and host families by sharing experiences that will last a lifetime. Enclosed are materials for your information including the following page which provides particular details on the program for which you've been accepted. If we can be of any assistance in your preparation to join us, please contact any of our offices. We look forward to seeing you in July, 1991. Sincerely, ~~ Glen Shepherd Vice President Director of Admissions and Education ,.", Up with People Understanding in Action Worldwide ~ 3103 North Campbell Ave. ~ Tucson Al. 85 719. U. S.A. Up with People", Telephone: 602-327-7351 FAX: 6021325-~716 SILVER CELEBRATION April 23, 1991 Miss Donalda McCarthy 1099 SW 7th street Boca Raton, FL 33486 USA Dear Donni, The three casts which you will be part of this summer are really taking shape. At this point you represent more than 30 countries and many of the states within the U.S. Our Board of Directors met in mid-February and instead of determining the exact student fee for the July 1991 program, they gave us a range to work within. Because our budget process takes place in March and April for the next budget year beginning July 1, they felt that with the current world situation and economy, we needed to set the fee once we determined our projected expenses and revenue. After considerable research and deliberation, we have set the fee for the July 1991 program at $10,500. Although we very much would like to hold the fee at the current level, the increase is needed to cover escalating costs particularly in the travel and insurance industry. Please let your parents and families know that we are planning an exciting and informative program for them as part of your Opening Session of Staging and our yearly Alumni Reunion that will both take place from July 25-27 here in Tucson. We invite them to attend if at all possible and will send further details in Mayor early June. Once we receive and approve all of your forms, you will receive a final letter of acceptance and payment contract. If for some reason you decide not to join Up with People in July, please let us know as soon as possible as we have a waiting list of more than 75 students. We hope that your plans are coming along well and look forward to seeing you in July. sincerely, , ~~ Glen Shepherd Vice President Director of Admissions and Education I,ll! ::ÞÆ) ::ÞÆ) ::ÞÆ) i~ ~ \.Oii)IlIC ¡;; 3.QIlI:;'VlO"OJ E ~~~~~g.c E !;~ a n 0."tJ o C :J I'D ~ C ~. c~g:E ;:0 ~. ?4: Q. ~. x. 5: ~ i fb~ C III VI:J"tJ i ..... S· :Jo VI III III ;¡¡. 6 n C '< ... :JI'DQ::;:'"tJ~:E ;:r= Q. ;¡¡' ..... ... g.VI.2~~~61 ¡;; ~. 3 0. g a 0 "". : !"'~:E::J' !!. I'D C g \.0 <.IÒ::J' ... ~CI) õ' I'D ~ I§: :JQ.c3"tJI'D1!, ;:0 ~ !!!. 0 0 cs: III \J c: 6 \.0 iJ' c 1D ¡;¡ ... o Q Q."tJ ~ ;;q~ " -g~ :J III 0 - :J !\T' y> ~.~ 5; VI 8-'ð 2: 6:J g. 'E :::!.-ë ~'-g '< ~"tJ E ~~C~gQ,I'D -g Q.I'D .... ~ 0 o.ib" ¡oQ. ~ I'D::J' 0 :J 0 :J III ~:::¡,X:cco_. ;:0 .....'<" III ... ñ'~ \.0 n 0'\.0 -. 1lI0 :J:J:JVI :J' :Þ ~.~ B I !'Ð¡;¡~0:J1lI3 :; < 3 n "".\.0 :E III "11 I'D 0-. ; 1 c 3 ~ :-1lI3~3::J'§ ~ ~~;¡¡ ;:0 :J 5' Q. ~ 3 -.. ~ ñ·..õ' ;¡¡."tJ _ ñ' ·~N·3]-5 S y> III \C. 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E :J <- ~ rp is. t5 ~ fÐ~ /'I)~ ~ ----.,. ----- ------_._--- - .---,.--.. - -- .·,11 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{'~1 SUBJECT: AGENDA ITEM # qp - MEETING OF JULY 9, 1991 AUTHORIZATION TO INITIATE REZONING PETITIONS DATE: July 3, 1991 This item is before you to authorize the initiation of rezoning petitions for Lots 1 through 10 of Block 24 located on the north side of Avenue G, between Federal Highway and Frederick Boulevard from PC (Planned Commercial) zone district, in part and RM (Residential Medium) zone district, in part, to POD (Professional Office District); and, Lots 1 through 12, 26 and 27 of Block 25 from PC (Planned Commercial) zone district to POD (Professional Office District). As a part of Plan Amendment 91-1, Hr. Levy, the owner of Lots 1 through 5, Block 24, sought a Land Use Designation change to the Future Land Use Map from Transitional and Residential Designations to Commercial. At that time it was noted that the existing zoning of PC was not consistent with the underlying Future Land Use Map Designation of "Transitional". The same situation existed with respect to other lots in Block 24 and the next block to the south. The Commission rejected that request. Since there is an inconsistency between the Future Land Use Map and the Zoning Map, the zoning must be brought into compliance. Under the Transitional Land Use Designation the following zoning classifications are acceptable: Residential Office, Planned Office Center, Mobile Home Park, Neighborhood Commercial, Community Facilities, Medium Density Residential, and Professional Office District. While staff has recommended POD zoning, the Commission may feel that one of the other designation is more appropriate. Recommend authorization to initiate rezoning petitions for Lots 1 through 10 of Block 24 located on the north side of Avenue G, between Federal Highway and Frederick Boulevard from PC (Planned Commercial) zone district, in part and RM (Residential Medium) zone district, in part, to POD (Professional Office District); and, Lots 1 through 12, 26 and 27 of Block 25 from PC (Planned Commercial) zone district to POD (Professional Office District). ~ on 3&~ uDf:¿ (/JnD~5 ct- L¡nch d/'SSén-h'ng) " ,~ ,"J< , Z"- ì CITY COMMISSION DOCUMENTATION TO: DAVID HARDEN, CITY MANAGER c¡)~j ~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 9, 1991 INITIATION OF REZONINGS, PC TO POD OR EQUIVALENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiating a rezoning of private property. Pursuant to LDR Section 2.4.4(A), the City Commission or the Planning and Zoning Board may initiate a rezoning of private property. The affected property is located along the east side of Federal Highway between Tropic Bay Boulevard (LaMat) and Ralph Buick. The lots are described as follows: Block 24, Lots 1 through 5 (Levy) Block 24, Lots 6 through 10 (Paton) Block 25, Lots 1 through 12 and lots 26 & 27 (Colombi) The proposed zoning is POD or an equivalent zoning which is allowed under the Transitional Land Use designation of the Future Land Use Map. BACKGROUND: As a part of Plan Amendment 91-1, Mr. Levy sought a change from Transitional and Residential Designations to Commercial. At that time it was noted that the existing zoning of PC was not consistent with the underlying Future Land Use Map Designation of "Transitional". This same situation exists with respect to other lots in Block 24 and the next block to the south. Since there is an inconsistency between the Future Land Use Map and the Zoning Map, the zoning is to be brought into compliance. The Transitional Land Use designation may accommodate the following zoning district classifications: Residential Office (RO) Neighborhood Commercial (NC) Planned Office Center (POC) Community Facilities (CF) Mobile Home Park (MH) Medium Density Residential (RM) Professional Office (POD) · City Commission Documentation Initiation of Rezonings, PC to POD or Equivalent Page 2 Since the City Commission rejected a change to the Future Land Use Map to a Commercial designation (Plan Amendment 91-1), it is now appropriate to set the most appropriate zone district designation for the improperly zoned land. PROCEDURE: The action required of the City Commission is that of formally initiating the rezoning. Thereafter, property owner and adjacent owner notifications will be given. A staff analysis will be presented which sets forth the appropriateness of each of the allowable zone districts. After review and recommendation by the Planning and Zoning Board at a public hearing, the rezoning(s) will come before the City Commission for first reading. Thereafter, a special thirty (30) day notice must be provided to the property owners. Then the City Commission's public hearing will be conducted and action on the enacting ordinance made. RECOMMENDED ACTION: By motion, initiate a rezoning of the following property: Block 24, Lots 1 through 5 (Levy) Block 24, Lots 6 through 10 (Paton) Block 25, Lots 1 through 12 and lots 26 & 27 (Colombi) to the POD zone district or another zone district which is consistent with the Future Land Use Map designation of Transitional. Attachment: * Location Map DJK/#82/CCREZ.TXT . I I . I I SHERWOOD DEWY I DAIHUrsu PL4ZA I I I , ....... , SHERWOOD ,.. I PONTIAC ~ I I G , ~ - I - j I \. ~ RALPH BUICK ~ SHERWOOD GMC TRUCkS -- L TROPIC _AVENuE' F f~: . I - I ~. . ." ., BAY , ~. - "TTII -,,- . . _.&&1. - I . , , .~ - - J. '~~~ ' ' I ..... '. j - AV£NUJ c - ~ ' , .... I··" ." , . , .... . , 'PC, ' '. - 00 0/0. f- tit: ! DELRAY .. ." . ~ . " .. . ."" r- TOYOTA 1'-·· . ". - ..:..-... "" . . . IA-WAT i AVENUE - I r I f I - - a I r- æ j J j ...... A\l£'NU[ H -- WORSE - -- I I - - SATURN -- - j J - - N ~ -, - t MOBILE-HOME PARK - ------ j I J ~- .- ....-. - -- . --'--- --- . - - - .--. ---- ::: Z4.. J' SO J~O..;r. f , . I' ", ,="c,:' 1 --- -ï:.i, , - -Ê,"4 ---- -- &3 - -=~. ~ (,1 --~2~ ~~~ TROPIC BAY ~ r 1 . '" Sb . .. -55 ; ,.' -~~ , 'D --z_ _ .. 2.1; - 14 t-~} : --- - -;- i~- __ ~ l ..: ZQ _ ____ <.,_ 19 : I~__ ~ jß·S-; . 'W _~ ~ '7: .:2'!.- ~t .--- <L- ---- I~ rlo 47 . -~~-: ~ :------ - .t»- & 14 - ~ -21_____ -- - - " : -¿ 2 .. 5 ' . fO- 13 '. 44 . 't : 2}_ -- - - 0 G ~:-Z4 _ H. <! :-25- ~f . ;" 4J - g ---- .. I ,- ....J ~ ,-- 40 : ::::> 26- n .:. ,..... 29-" '5; '-J - If f'h ~() _ 'i _ . "" - 3i- ~~ -= : "3Ž-- -_~~. ':' !" 3~~ 54 ~ E · BK29-PG.20 AVENU .. I I . - -- 4 - -- . I - . I ; A 10 ~ - II' _; --29 : - ~e-~ 27 ' 26 ; 25 : 33 DUM A R -...-; : -I eo .. PLAZA =i'; ~ ~ HYACINT REPLA T I~ ¿ï-~ I ~ 120 to 1 I .02 I) ......: 364 g 363 BK:47, '" I ,~ 90 ,31 : _____,_____ -==--_ PG. 48 I 49 -=39~~ g 412 . 401 g 23 : c , ~ - - -. -- , t' 28 : ______L_____ I I () o HAR8uUR ': ~.U8 413 ¡ 400; I . , l.) L( 5 0 P G. I r, '03 os' 'O~ 01 : , 0 ur\. ~ IRIS . : (. " .. I ., ..,~ f ". " "0 J '0 ~ I .... 40...' , .0 I), .. t '. ,. - 0.\.. a 11 ." .. """ . I ~ .,.-. ~ _ __ · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM # q& - MEETING OF JULY 9, 1991 GULFSTREAM BOULEVARD MEDIAN LANDSCAPE IMPROVEMENT PROJECT DATE: July 3, 1991 This item was last discussed at your May 14th regular meeting at which time the Commission approved Scheme 3, in the amount of $53,056, as the landscape plan for the beautification of Gulfstream Boulevard. Subsequently, we have received a letter from Boynton Beach stating that they are financially unable to participate in any landscape plan other than that originally approved by their Commission (Scheme 1 ) . The following landscape schemes were reviewed at that meeting: 1. Scheme One consisted of providing Live Oaks on 40 foot centers, Dwarf Bougainvillea and Dune Sunflower alternating at the ends of the medians for color. Bahia sod would be placed in the balance of the medians. The cost estimate for this scheme is $18,224, plus $12,000 projected irrigation costs. 2. Scheme Two consisted of providing massive shrub and ground cover plantings around the Live Oaks in the center portion of the median. Medians would alternate with groupings of Hamelia Patens surrounded by Spider Lilies, and/or Necklace Pods surrounded by Dwarf Bougainvillea. The cost estimate for this scheme is $27,186, plus $14,000 projected irrigation costs. 3. Scheme 3 consisted of utilizing Washingtonia Palms and Royal Poinciana Trees, with the balance of the medians being planted in shrubs and ground cover without sod. The initial cost estimate for this scheme was $48,548.50, plus $16,000 projected irrigation costs. However, that amount was reduced to $53,056 by eliminating some of the Royal Poincianas and modifying the ground cover spacing. The SPRAB by consensus supported Scheme 2, however proposed changing the Oaks to Mahogany Trees on 30 foot centers and using Royal Poinciana at the end of each median. The Board stated they would also support Scheme 1 provided the same tree changes were made. The cost for Scheme 1, as modified, is $18,224, plus $12,000 projected irrigation costs. The cost for Scheme 2, as modified, is $27,186, plus $14,000 for irrigation costs. The Commission will need to provide direction regarding whether we proceed with Scheme 2 or 3 and pay an increased portion of the costs; or, scale back the project to its original form with the cost being equally shared between the two cities. ("-~~;.,c'- . ' %e City of Ðoynton Ðeac/i 100 'E. 'Boynton 'Beadi 'Boulevard P.O. '1307(310 .f'( t:; 'Boynton 'Beadi, J:[orÙfa 33425-0310 . .' ,,-, .t:Z ~/ ¡. City :J{af{: (407) 734-8111 J U N d l' r ~ :T5IX: (407) 738·7459 '~I 211991 "'/~1~7A'" !VA (.,.-,. ~ , I: 0'- .. June 21, 1991 ~ Î . of. i ¡,! David T. Harden, City Manager City of Delray Beach 100 NW 1 Ave Del ray Beach, FL 33444 RE: Gulfstream Blvd Median Landscape Improvement Project Dear David: The Boynton Beach City Commission reviewed the three landscape schemes for the median on Gulfstream Blvd per your letter and back-up dated May 15, 1991, and regretfully, due to current financial constraints, has elected the original basic plan developed by our two Cities in October of 1990. Said plan provided for the planting of live oaks on 40' centers, dwarf bougain- villea, and dune'sunflower alternating at the ends of the medians for color, and bahia sod in the balance of the medians. Unfortunately at this time the City of Boynton Beach has no other real alternative but to participate in developing the most basic and original plan due to costs. Hopefully in the future when the financial situation becomes brighter, the City may find itself in a position to participate in a broader sense towards enhancing these medians on Gulfstream Blvd to a greater degree. I guess at this time you need to take this matter back before your City Commission for their review and direction. Should you wish to discuss this improvement project with me, please feel free to give me a call. Sincerely, CITY OF BOYNTON BEACH ~ J. Scott Mill er City Manager JSM:cd cc: Honorable Mayor and City Commission Charles Frederick, Recreation & Parks Department Carrie Parker, Assistant City Manager Central File JImerica's (jateway to the (julfstream ~" . . GULFSTREAM BOULEVARD SCHEME # 1 Royal Poinciana - 10 @ $270 $ 2,700.00 Mahogany Trees - 35 @ $250 8,750.00 Spider Lily - 480 @ $4 1,920.00 Dwarf Yellow Lantana - 520 @ $3 1,560.00 21,490 s.f. Bahia Sod @ .13 s.f. 2,793.70 Mulch 500.00 ----------- Total Landscape Costs $18,224.00 Projected Irrigation Costs 12,000.00 ----------- Delrayand Boynton's share ($15,112.00) $30,224.00 SCHEME # 2 Royal Poinciana - 10 @ $270 $ 2,700.00 Mahogany Trees - 35 @ $250 8,750.00 Spider Lily - 1,110 @ $4 4,440.00 Necklace Pod- 225 @ $8.50 1 , 913 . 00 Dwarf Yellow Lantana - 1,360 @ $3 4,080.00 Scarlet Bush - 195 @ $8.50 1,658.00 16,500 s.f. Bahia Sod @ .13 s.f. 2,145.00 Mulch 1,500.00 ---------- Total Landscape Costs $27,186.00 Projected Irrigation Costs 14,000.00 ---------- Delray and Boynton's share ($20,593.00) $41,186.00 SCHEME # 3 Royal Poinciana - 16 @ $270 $ 4,320.00 Washingtonia robusta Palms - 74 @ $80 5,920.00 Dwarf Oleander - 449 @ $8.50 3,816.50 Dwarf Yellow Lantana - 2,328 @ $3 6,984.00 Spider Lily - 3.254 @ $4 13,016.00 Mulch 3,000.00 ---------- Total Landscape Costs $37,056.50 Projected Irrigation Costs(all heads have to be 16,000.00 on risers to reach above ground covers) ---------- Delray and Boynton's share ($26.528.25) $53,056.50 Please keep in mind that each City can anticipate and annual maintenance cost $5 to $6 thousand in addition to the one time cost for project installation. . . MEMORANDUM TO: HAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfJ:1 SUBJECT: AGENDA ITEM # q H- - MEETING OF JULY 9, 1991 REJECT LOW BID AND AWARD CONTRACT DATE: July 3 I 1991 This item is before you to reject the low bid for the rehabilitation of a property located at 332 N.W. 10th Avenue. Community Development policies limit the award of bids to three at any given time. In this case the low bidder, Henry Haywood, has submitted the low bid for three other projects, and thus, staff has recommended award of those bids. Therefore, award of this bid to the second low bidder, Abisset Corporation, is recommended. Abisset's bid for this project is $16,632. Funding is available in Housing Rehabilitation (Account No. 118-1963-554-60.23. Recommend rejection of the low bid and award of contract for the rehabilitation of property located at 332 N.W. lOth Avenue to Abisset Corporation. ~cwúfL 6-0 Agenda Item No. : AGENDA REQUEST Date: JUNE 28. 1991 Request to be placed on: XXXX Regular Agenda Special Agenda Workshop Agenda When: JULY 9, 1991" CONSENT AGENDA Description of item (who, what, where, how much): CASE II ADDRESS GRANT AMOUNT 90-005HR 332 NORTHWEST 10TH AVENUE $lh,hi? 00 I· ... (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND REJECTION OF FIRST LOW BIDDER AND AWARD OF CONTRACT TO THE NEXT LOW BIDDER. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABTT,TTATTON GRANT AWARDS AND CONTRACT AlJARnS li'ROM Ar.r.OTTN'T' ACCOUNT 11118-1963-554-60.23 GRANT AMOUNT TNCT.TJDES mNTTNGF.NCV (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). . ~'.. . ~ ,-,,'. ..~ Department Head Signature, ~~ City Attorney Re~iew/ Recommendation ~f applicable): Budget D:~c~or .R~view (required on all items involving expenditure of funds) f1"~ ·,vt4t.-"tv Funding available: YES/ NO ( Funding alternatives: ,(if applicable) Account No. &. Description: '1Comm. Ttw'f' /Hou~I~J t.J\,,-h Account Balance:.:þ: 'i J/ ~ ~C} .3'1 I . II 51::'Ll If) "'3 1 I, f - I ~ ¡, 3 - ~ 7 - '" ..... City Manager Review: Approved for agenda: t!§; NO l-r/l Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer .cf//I' DATE: July 1, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JULY 9, 1991 - BID AWARD - BIrr 91-62 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award 2nd low bidder, Abisset Corporation, at a total cost Per the Budget Office, funding is from: If-Ie¡ ( " ) . ;}). ',oJ (I c~ Background: The Community Development Division handles and processes their formal bids on housing rehabilitation. Property Contractor Amount 332 N.W. 10th Avenue Abisset Corporation* $16,632. (*2nd low bidder. Community Development policies limit awards of contract, per attached memo) Recommendation: Award to 2nd low bidder, Abisset Corporation at a total cost of $16,632. Funding as stated above. Attachments: Memorandum from Community Development Bid Information Sheets pc Lula Butler ". M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR Ö~ THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR DATE: JUNE 28, 1991 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request Commission approval to reject the low bidder for Housing and Rehabilitation Contract Award and recommend approval to award contract to the second low bidder for a Housing Rehabilitation Contract Award. BACKGROUND Community Development Policies and Procedures regarding Contract/Bid procedures allow that rehabilitation contractors may only be awarded three contracts at a given time. The low bidder in this case (Henry Haywood) was also low bidder for all four bids (bid #91-62HR) opened on June 13, 1991. Haywood Construction is being recommended to be awarded three of the four contracts. This is a 9rant award with the amount of the grant being based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. RECOMMENDATION We recommend rejection of the low bidder, Henry Haywood, and award of contract to Abisset Corporation, the next low bidder. Case# Address Grant Amount 90-005HR 332 N.W. 10TH AVENUE. $16,632.00 · CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91-62HR APPLICANT: LEIGHTON AND MARY STROUD APPLICATION ..Jt: 90-005HR P~OJECT ADDRESS: 332 NORTHWEST 10TH AVENUE DATE OF BID LETTERS: MAY 30, 1991 DATE OF BID OPENING: JUNE 13, 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 15.840.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 25.560.00 HENRY L. HAYWOOD $ 15.700.00 HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. O. $ MJD CONSTRUCTION SERVICES $16,799.00 NSL CONSTRUCTION, INC. $17,950.00 PHILLIP GARY PURR C/O GAMZO, INC. $16.623.00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 16,920.00 CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION BID/CONTRACT AMOUNT: $v15.840.00 COMMENTS: HENRY HAYWOOD WAS LOW BIDDER ON FOUR PROJECTS, HOWEVER, Ar.r.ORnTNr. TO CDBG POLICIES AND PROCEDURES A CONTRACTOR MAY ONLY BE AWARDED THREE (3) ·CONTRACTS AT ONE TIME. WE ARE RECOMMENDING AWARD OF THIS BID TO THE NEXT LOW BIDDER (ABISSET CORPORATION). BIDFORM/PGl · 4 ~ If--o (rr7t:. /Jno!:-£W5 ou:/ of ~) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # q;j - MEETING OF JULY 9, 1991 AUTHORIZATION TO EXPEND FUNDING FROM LAW ENFORCEMENT TRUST DATE: July 3 , 1991 We have received a request from the Gulf Stream Council, Boy Scouts of America requesting assistance with their local anti-drug campaign. There are some 583 children and young men in our City involved in the Cub Scouts, Boy Scouts and the Explorer Program. The services offered through the Gulf Stream Council can be instrumental in helping us attain our long range goal of reducing drug abuse in our community. The Police Chief has offered to provide funding in the amount of $5,000 through the Law Enforcement Trust Account. Recommend authorization to donate $5,000 from the Law Enforcement Trust Account to Gulf Stream Council, Boy Scouts of America to assist in their local anti-drug campaign. ¡If r·'-e·y,- Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 (407) 243-7888 Fax (407) 243-7816 MEMORANDUM TO: David T. Harden, City Manager FROM: Richard M. Lincoln~nterim Police Chief DATE: May 14, 1991 SUBJECT: FINANCIAL SUPPORT FOR THE GULF STREAM COUNCIL BOY SCOUTS OF AMERICA In response to your memorandum of April 18, 1991, I did make contact with Cathy Hunt of the Gulf Stream Council regarding the concern over a lack of minority participation in Scouting in Delray Beach. Ms. Hunt advised that approximately 30% of the youth participating in Scouting in Delray Beach are of a minority status (letter attached). Although it would seem that the minority participation in Scouting is consistent with our population breakdown, Ms. Hunt did advise that the Gulf Stream Council would certainly be mindful of our perception and take steps to address it. Please advise if further information or action is necessary prior to the request for appropriation of funds from the Law Enforcement Trust Funds. RMLjppt Attachments AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY . GULF STREAM COUNCil, INC. 2935 AUSTRALIAN AVENUE NORTH · WEST PALM BEACH, FLORIDA 33407-4597 (407) 844-0279 · FAX (407) 844-8573 GULF ATR~M COUNCil SOlIT~~I~~D' May 10, 1991 Chief Richard Lincoln Delray Beach Police Dept. 300 West Atlantic Avenue Delray Beach FL 33444 Dear Chief Lincoln: As per our earlier conversation, I would like to provide you some information on our minority service in the Delray Beach area. Approximately 30% of our registered youth in that area are of minority status. We have Scouting programs in the following institutions: * Predominately minority area Atlantic High School 1< Banyan Creek School Unity Elementary School St. Vincent Ferrer Catholic Church Cason United Methodist 1< St. Paul AME Church Delray Beach Police Dept. Carver Community Middle School 1< Pine Grove Elementary * Spady Elementary (starting this fall). In addition to the units we already have, an effort is being made to start additional programs in disadvantaged areas such as the migrant camps. Gulf Stream Council, Boy Scouts of America's mission is to provide the opportunity for every eligible youth to join the Scouting program. Thanks in advance for your support in continuing the Scouting program in Delray Beach. ~' . Cathy unt . cc: Leon Weekes Serving youth in Palm Beach. Martin, St. Lucie. Indian River, Okeechobee, Glades and Hendry Coullfies. UNITED Boy Scouts WAY of America . ¡;" l'y';'¿' [ITY DF DELHAY BEA[H ';J. w\ '\ '. , \..,' . IOU N.W.lst AVENUE . DELHAY BEACH, FLORILJA33444 .. 'In 7/743· 70no MEMORANDUM TO: Richard Lincoln, Interim Police Chief FROM: David T. Harden, City Manager [/1 SUBJECT: FINANCIAL SUPPORT FOR GULF STREAM COUNCIL, BOY SCOUTS OF AMERICA DATE: April 18, 1991 As an Eagle Scout and a parent of boys who have participated in the scouting program, I am very supportive of the Boy Scouts of America; however, I was disappointed to learn from Lula Butler that apparently the Boy Scouts in this area are doing a very poor job of reaching young people in the central part of our cities. Before giving money from the Law Enforcement Trust Fund to the local council, my suggestion is that you talk with Lula and see if we can get a commitment from the council to make a concerted effort to establish one or more troops in the area between 1-95 and Swinton and Linton Boulevard and Lake Ida Road. DTH:nr cc: Lula Butler Till: EFForn ALWAYS MATTERS · Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 (407) 243·7888 Fax (407) 243-7816 RICHARD M. LINCOLN In/erim C/liel 01 Police MEMORANDUM TO: David T. Harden, City Manager FROM: Richard M. LincOln~~Interim Police Chief DATE: March 26, 1991 SUBJECT: CONSIDERATION FOR FINANCIAL SUFPORT FOR THE GULF STREAM COUNCIL. BOY SCOUTS OF AMERICA In keeping with the Police Department's commitment toward drug intervention and prevention, as a long range deterrent to crime I would request that you consider supporting a donation to the Boy Scouts of America to be funded from the Law Enforcement Trust Fund. Attached you will find a memorandum from the Gulf Stream Council as well as related educational material that is incorporated into the various programs that the Boy Scouts of America conduct for the youth in the community. I feel that this is yet another avenue that we can pursue to attain our long range goal of a reduction in drug abuse in our community. Some 583 children and young men in Delray Beach are involved in Cub Scouts, Boy Scouts and the Explorer Program. I feel that a donation of $5,000 to support B.S.A. and the specific drug education program that they are involved in teaching is certainly appropriate. Your consideration will be appreciated. RMLjppt Attachment AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY . + ., GULF STREAM COUNCIL, INC. 2935 AUSTRALIAN AVENUE NORTH · WEST PALM BEACH, FLORIDA 33407-4597 (407) 844-0279 · FAX (407) 844-8573 March 25, 1991 QULf.l1ßEðM.COWtQjl ~~~~D" TO: Chief Richard M. Lincoln Delray Beach Police Dept. 300 West Atlantic Avenue Delray Beach FL 33444 FROM: Officers and Executive Board of the Gulf Stream Council, Boy Scouts of America SUBJECT: Crime Reduction Through the Local Boy Scouts of America Anti Drug Campaign INFORMATION CONTACT: Cathy Hunt Scouting will always be known for its traditional objectives in youth education: Character building, citizenship training, self-reliance, outdoor adventure, patriotism and respect for others. As we move into the 1990's, you need to know that our local Gulf Stream Council, Boy Scouts of America is giving a lot more than just "lip service" to this Community's Immediate Needs. As an organization, we have identi- fied "Five Unacceptables" which we are attacking - Drug Abuse, Child Abuse, Illiteracy, Unemployment and Hunger. Believing that the increase in crime among our youth is due largely from their dependency on all types of drugs, we think that the Boy Scouts can reduce crime by combating drug abuse. When boys join our program from the first and second grades, we start educating them immediately. We believe that by catching them young and using positive peer pressure they will very likely refrain from ever using drugs of any kind. This program continues through the Cub Scouts and Boy Scouts program through the eighth grade. For our high school youth, we use the same approach - positive peer pressure, but different literature. This program is called Exploring, which is a Career Awareness program for males and females of high school age. The Boy Scouts of America has developed special literature and videos for the education of our youth. We also train our leaders in how to recognize drug abuse and child abuse and what they can do to combat it. . Servi/lR youth ill Palm Beach, Martill, St. Lucie. IIIt/iall River, OkeedwbC'C', GllIt/e.r (lIId Helldry COI/1/tie.l'. UNITED Boy Scouts WAY of AmerIca " ,~ . . ;, Chief Lincoln -2- March 25, 1991 Even the parents of the boys who join Scouting receive special training information concerning drug abuse. Chief Lincoln, we know that Scouting makes an impact on crime and drug abuse in the Delray Beach area, because through its program it helps keep kids from ever making that first mistake. We appreciate the support you and your department might give to us. Enclosures 1"1' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~£' CITY MANAGER SUBJEC'l' : ' AGENDA ITEM # q K - MEETING OF JULY 9, 1991 LAKE IDA ROAD WIDENING DATE: July 3, 1991 Attached as backup material for this item is a staff report which delineates the implications of delaying the Lake Ida Road widening project. The major concern expressed with regard to this project has been that construction of Lake Ida Road and Atlantic Avenue would occur at the same time. Through previous correspondence, the Commission has made the County aware of these concerns. This item is therefore on your agenda for further discussion and direction. ~ frlJM¡ t57 I (/)V ~ wd:h ~ Cd¡ ~/~tð~O-~ioÝIL ~ ot Cøwd:¡ ~ ~ Ý1.¿ ~~: OOf) 'c:l.- wA-n4- fa h u...e.-ro/- A-n&ons oe h,.nOEI2.. D~u'U...op m~()r . how~()E..R- hold. off. Of) 1-/ - I Ant. J % Lf=}~ IDA ) R:,oAD Flè.om ConG-eESS WEST TQ m 1'-' íR f.t.( UnTl L TH S ATLA-n TI c.. (:10 En uS rmp/èw€...mE..nTS A-es ComPLETE. '..¡... q..- I 1:5 C)..Æ Re. w H<é..'H-(f.£.- oe. n(!)/ íÎ>£... SE& m£r>-r Vé.ED$ 7D BE 1./ - Lfrn'é:.{). í-u...e:THt:e () ) 0 0", Lü f::J.n, TO "J'fo PI=}/GD/2.E.. íh<ë... W IO~nI1ÎG- ÖF- U7K-S .]:DR S &:1-s7"'é.ðù 6ES-m&ì-r é~Dí)tH:ESS 7D S-Wlrren ro ~n{)) ~E:..qu.~$Î We17TE.lì e.t:~POf)S£. . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER O~/L~O ,J )< c>~ G,--JÓ><7->s FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JULY 5, 1991 SUBJECT: IMPLICATIONS RE DELAY IN LAKE IDA ROAD WIDENING Pursuant to your request, the following is provided with respect to the implications in the delay of accommodating the Lake Ida Road widening project. This project is in the County's Five Year Road Improvement Schedule for construction in FY 92/93 (start of construction at the end of calendar year 1992 or early 1993). The acceptable level of service for this County (responsibility) roadway is "0". As a two lane facility, the capacity under LOS "D" is l3,700 ADT (Average Daily Traffic) . The most recent traffic count data shows volume of 14,590 (LOS "E") east of 1-95, 18,034 just west of Congress, and 8,916 just east of Military Trail. The improvement project involves all of Lake Ida Road in the City (i.e. from Swinton to Military Trail). Earlier the City had queried about the potential for the widening of Atlantic to coincide with the widening of Lake Ida Road. We have been informed that the Atlantic Avenue project has slipped one year. It now has a start date of FY 92/93 with construction to begin at the west end late in 1993. While there will not be a conflict, the current schedule would have Lake Ida Road being improved prior to work commencing on parallel sections of Atlantic Avenue. It is very unlikely that the County would undertake improvement of Lake Ida Road east of Congress without doing the link between Congress and Military Trail. Given this situation (one project and current traffic loading) the following development projects would be adversely affected: * the City's G.A.E. application is predicated upon Lake Ida Road, east of Congress, being widened to four through travel lanes. A modification to the application and the processing (and approval) of a CRALLS request would be necessary in order to proceed with downtown development. Not considering whether or not the application would be approved, the process alone would significantly defer CBD redevelopment activities. * accordingly, our ability to obtain additional improvements east of the Swinton Avenue intersection to NE 2nd Street would be adversely affected. To: David Harden, City Manager Re: Implications Re Delay in Lake Ida Road Widening Page 2 * while the County's Traffic Performance Ordinance (TPO) currently provides an exclusion for residential development east of 1-95 (in the City of Delray Beach), the basis of the exclusion (as stated in the County's Traffic Element) has not yet been endorsed (found in compliance) by the State Department of Community Affairs (DCA) . If LOS compliance is required the vacant properties known as Isles of Delray, the Byrd Annexation, and the property south of Isles of Delray would be. adversely affected. * all the vacant properties along Depot Road would not be allowed to be developed. * the vacant land, south of Isles of Delray, upon which there is a sign forecasting a church may not be able to be developed as such. Likewise there may be an adverse affect upon the ability of Cason Methodist to consummate their desired expansion. * the properties at both the southeast and northwest corners of Lake Ida Road and Congress along with the property which wraps around the Lake Ida Road Shopping Center would not be allowed to be developed. * the property currently owned by the School District (west of Davis Road, south of Delray Shores) would not be allowed to be developed. * the property north of Temple Sinai would be allowed only with access to Atlantic Avenue and the current configuration of Davis Road between that site and Atlantic Avenue would need to be retained in order to accommodate a secondary means of access. * individual property development along Congress Avenue between Lake Ida Road and Atlantic may be curtailed depending upon the size of development which occurs i.e. only small development which would not (by formula) put more traffic on Lake Ida Road. * no subdivision activity would be allowed in the quarter section west of Barwick Road and north of Country Manors. This includes subdivision of what was known as Barwick Ranch (whose final plat was not consummated). * the ten acres east of Barwick by the southwest corner of Sabal Lakes would not be able to be subdivided (developed). * it is possible that there would be an adverse affect upon the multiple family portion of the Sabal Lakes development. To: David Harden, City Manager Re: Implications Re Delay in Lake Ida Road Widening Page 3 The above list provides my best thoughts as to the potential range of implications of not proceeding with the Military Trail to Swinton Avenue link of the Lake Ida Road improvement program. As far as that portion of the link west of Military Trail, particularly that which connects to Jog Road, there is no impact upon Delray Beach if that project does not proceed. DJK/#82/IDAROAD.TXT ~rd of Cou~ty Commissioners Post-It'" brand fax transmittal memo 7671 * of pages · c:¡v \ From ~. E . 1)E.ATZ-OEN ~dministrator ' Karen T. Marcus, Chair 'v\'inters Carole Phillips, Vice Chair - Co. t. 111'" Of' D<-=-uC..A I..( . "r-~'-- . J' r:;.) r 1"-'\ Carol A. Roberts p . * 1.4 3 - 7 3 ¿ 5- .: l~l!..:..~' Carol J. Elmquist * '2-43 .. 3774 Mary McCarty , - . Ken Foster ~ Maude Ford Lee. . :¡y C0;..;:.~;SStON ,. 1991 . - Mayor Thomas Lynch City of DelrayBeach lOON.W. 1st Avenue Delra~~33444 Dear ~~ ynch: I'd ike to take this opportunity td respond to your recent letter expressing the City's desire not to have Lake Ida Road and West Atlantic Avenue under construction at the same time. I've been informed by County staff that after reviewing the production schedules for these projects, they believe the additional lanes on Lake Ida Road will be open to traffic prior to ~ actual coristruction activity on West Atlantic Avenùe. County staff . ten to award the Lake Ida projects, from Military Trail to Congres Avenue and from Congress Avenùe to Swinton Avenue in the irst art of Fiscal Year 92/93, and the award for West Atlantic Avenu from Jog Road to,I-95 should be done towards the end of is 1 Year 92/93. Please be assured the County Engineering Dèpartment is aware of the need to maintain the maximum traffic flow during these constructio~ jobs. JJt'~ I hope this infonnation i~ helpful, and if I can be of further ~~ assistance, please don't hesitate to cont t me. e~ t) W\~ . IM~~ co ,,"~{ctlt ~....s@ ð~~ Marcus, Chair _ '1~ At.)~ »æ ~ County Commissioners . T 0"'- ~~~~~ -KTM/pw . 1l M~ "(. d1.. ~- M.ddk Sc hoe{ ~,...~ . G~(1,uMt ~~. ~-<)-w ~! ¡~ (,~'" . «:)~...~ ~~ cc: Mary McCarty, District 4 County Commissioner Ca~ole Phillips, District 5 County Commissioner George T. Webb; Acting County Engineer .. An Equal Opportunity - Affirmative Action Employer" BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 ....';"""n,4...,., 'ø,..",..I,..,", ....:2"01' · [ITY· OF OELRAY BEA[H 100 NW. 1st AVENUE DElRAY BEACH, FLORIDA 33444 407/243-7000 April 16, 1991 Honorable Karen Marcus, Chairperson Palm Beach County Commission Palm Beach County Courthouse 301 North Olive West Palm Beach, Florida 33301 Re: Scheduling of Improvements to Lake Ida Road and to Atlantic Avenue , Dear Commissioner Marcus1~/~ At the direction of the Delray Beach City Commission, I wrote to Chairperson Carol Elmquist on August 16, 1990, requesting that the 'scheduled improvements to Lake Ida Road be deferred beyond the current five year road way improvement plan. Although we understand that the County Commission has made the decision to proceed with improvements to ~ake Ida Road, we remain concerned about the scheduling of these improvements which will apparently result in the Atlantic Avenue widening and Lake Ida Road widening, both being under construction at the same time between Military Trail and Congress Avenue. We are very concerned that having both these east-west arterials serving our City under construction simultaneously will result in major traffic problems. Therefore, we request that the scheduling. be adjusted so that the widening of Lake Ida Road would not begin until the widening of Atlantic avenue is completed to the point where construction activity would no longer significantly interfere with the flow of traffic. Thank you for your consideration of our request. Sin~ /./ . I/:~S E. LYNCH Mayor ~ - DTH:TEL:mld - THE EFFORT ALWAYS MATTERS If· .... .-'" " [ITY DF DELRAY BEA[H 100 N.W.1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 August 16, 1990 Honorable Carol Elmquist, Chairperson Palm Beach County Commission Palm Beach County Courthouse 301 North Olive West Palm Beach, FL 33301 Re: Deferral of Lake Ida Road Improvement Program Dear Commissioner ~lmquist: At our meeting of' August 14, 1990, the City Commission of Delray Beach unanimously agreed to formally offer to the Palm Beach County Commission a proposal for the deferral of scheduled improvements to that portion of Lake Ida Road which lies between Congress Avenue and Military Trail. The basis for this proposal is twofold. First, deferral will clearly avoid the potential for conflicts between this project and the Atlantic Avenue widening project which is scheduled for the same fiscal year. The second basis is to help alleviate the shortfall which exists for County funded road improvement activities. We realize that a deferral of this link in the five year road improvement program may temporarily affect development schedules for yet undeveloped pro~erty. However, we believe that potential disruption which could be ~reated by two simultaneous major road construction projects would far outweigh 'the inconvenience of deferral. The above proposal affects only that portion of the Lake Ida Road improvement program lying west of Congress. Avenue. As we have agreed in the past, improvements to that portion of Lake Ida Road lying between Congress Avenue and Swinton Avenue is a high priority item, espècia1ly now that a new access is being provided to S.D. Spady E¡ementa~ School. THE ËFFORT ALWAYS MATTERS " .~ ·' .... 0" ,: To: Honorable Carol Elmquist, Chairperson Palm Beach County Commission Re: Deferral of Lake Ida Road Improvement Program August 16, 1990 Page 2 Your consideration of our proposal is requested. We have directed our City Manager to make our staff available to meet with appropriate individuals in the County Administration in order to properly effect deletion of the designed link from the five year roadway improvement plan. Sincerely, ~. - . - ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1991 RESOLUTION NO. 54-91 DATE: July 3, 1991 This is a Resolution authorizing the purchase of 70 foot strip of property located on the east side of Homewood Boulevard, north of Lowson Boulevard and adjacent to the Municipal Golf Course for $7,500. This 70 foot wide strip lies between the Municipal Golf Course and the Fairways of Delray Development. This parcel is currently owned by the Harris family. When the Harris' sold property, which was developed into the Fairways of Delray, the legal description omitted this 1. 64 acre parcel. The City presently has title to the 5.9 acre parcel to the south of the subject property. Purchase of this parcel will fill in the gap between the Fairways and the 5.9 acre City-owned parcel, and maintains the continuity of the golf course. Staff has proposed erecting a berm on this parcel along that portion which lies adjacent to the 2nd Fairway. As there is a concern that the Golf Course operating account will not have sufficient funding at the end of the year, staff has recommended that interest earnings from the Decade of Excellence Bond Issue be transferred into Decade of Excellence Bond Issue/Golf Course (Account No. 225-4762-572-60.11) to defray the cost of this purchase. Recommend approval of Resolution No. 54-91 authorizing the purchase of a 70 foot wide strip of property located on the east side of Homewood Boulevard, north of Lowson Boulevard and adjacent to the Municipal Golf Course for $7,500¡ and, authorize the transfer of interest earnings from the Decade of Excellence Bond Issue into Decade of Excellence Bond Issue/Golf Course (Account No. 225-4762-572-60.11). - .--. -'---'- .'--.'- ----.-.- ._-_...._.._------~_._--_._~._--------~_._.~-~-_. - -"-- --.------..-- - -,_.~---~ --------- RESOLUTION NO. 54-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM THE SELLERS CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE EAST SIDE OF HOMEWOOD BOULEVARD NORTH OF LOWSON BOULEVARD, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property along Homewood Boulevard; and, WHEREAS, the City of Delray Beach, Florida, wishes to acquire property on the east side of Homewood Boulevard north of Lowson Boulevard within the City of Delray Beach for the purpose of maintaining the Delray Beach Municipal Golf Course; and, WHEREAS, the Sellers hereinafter named desire to sell the property hereinafter described to the City of Delray Beach, Florida; and, WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to enter into a Contract for Sale and Purchase with the Harris Pecan Company, a Florida corporation, as Seller, for the purchase of a parcel of land, for the purchase price of Seven Thousand Five Hundred Dollars ($7,500.00) and other good and valuable consideration; said parcel being more particularly described as follows: Commence at a point where the East line of Homewood Boulevard, as shown on Plat No. 1, of Homewood Subdivision, as recorded in Plat Book 15, Page 23, Palm Beach County records, intersects with the East/West centerline of said Section 19, for the Point of Beginning; thence an easterly direction along said centerline a distance of 696.40 feet; thence northerly and parallel to said East right-of-way line of Homewood Boulevard, as shown on said Plat of Homewood Subdivision, a distance of 370.00 feet; thence N. 54 . "'4 ·-..-- -. ~-- ._----------~~--- --------~-------- ---------, .---~---_._--------_._------------- --- ._- degrees 58' 12" E., 121.90 feet; thence N. 89 degrees 59' 00" W., parallel with the said East-West Quarter Section Line of Section 19, 796.22 feet, more or less to said East right-of-way of Homewood Boulevard; thence southerly along said East right-of-way line of Homewood Boulevard, a distance of 440.00 feet, more or less, to the Point of Beginning. Section 2. That the costs of closing the transaction, title insurance and document preparation shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the aforementioned Contract for Sale and Purchase and addendum thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named, is incorporated herein. PASSED AND ADOPTED in regular session on the 9th day of July, 1991. MAY 0 R ATTEST: City Clerk - 2 - RES. NO. 54-91 . CONTRACT FOR SALE AND PURCHASE PARTIES: HARRIS PECAN COMPANY, a Florida corporation, as "Seller", and THE CITY OF DELRAY BEACH, as "Buyer", hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Propertv") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s) ") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Palm Beach County, Florida: See Exhibit "A" attached hereto and made a part hereof. II. PURCHASE PRICE $7,500.00 PAYMENT: (a) Cash to close, (U.S. cash, LOCALLY DRAWN certified or cashier's check) $7,500.00. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before June 25, 1991, at Buyer I s option, Buyer's offer shall be deemed to be withdrawn. The date of this Contract "Effective Date" will be the date when the last one of the Buyer and Seller has signed this offer. IV. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on July 15, 1991, unless extended by other provisions of Contract. V. RESTRICTIONS; EASEMENTS; LIMITATIONS: The property's being sold "as is", will be conveyed by a Quit Claim Deed, and Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or public records; and ad valorem Real Property taxes. VI. CONTINGENCIES: Buyer's obligations under this Contract are contingent upon Buyer, at its expense, obtaining, prior to closing, a title insurance commitment subject only to those exceptions acceptable to Buyer. VII. CLOSING COST: With the exception of Seller's attorney I s fees, Buyer shall be responsible for all closing costs, including the documentary stamps on the Deed and the qosts of recording the Deed. VIII.TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. WITNESSES: BUYER(S): (two are required) HARRIS PECAN COMPANY, a Florida corporation Tax Id Number: WITNESSES: SELLER(S): (two are required) CITY OF DELRAY BEACH Tax Id Number: -.-.--.- t LEGAL DESCRIPTION Exhibit "A" That part of the Southeast Quarter of the Northwest Quarter of S'ection 19, Township 46 south, Range 43 East, described as follows: Commence at a point where the East line of Homewood Boulevard, as shown on Plat No. 1, of Homewood Subdivision, as recorded in Plat B.ook 15, Page 23, Palm Beach county records, intersects with the East/West centerline of said section 19, for the point of Beginning; thence an easterly direction along said centerline a distance of 696.40 feet; thence northerly and parallel to said East right-of-way line of Homewood Boulevard, as shown on said Plat of Homewood Subdivision, a distance of 370.00 feet; thence N.54°5S'12"E., 121.90 feet; thenc.e N.S9059'oð"W., parallel with the said East- West Quarter section Line of section 19, 796.22 feet, more or less to said East right-of-way of Homewood Boulevard; thence southerly along said East right-of-way line of Homewood Boulevard, a distance of 440.00 feet, more or less, to the point of Beginning. SUBJECT TO easements, restrictions, reservations and conditions of record; zoning ordinances; and ad valorem real estate taxes. , ¡ . ---- ~. . STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) A complete abstract of title prepared by a reputable abstract firm purportin¡ to be .to accurate synopsIS of the instruments aCrecting: the title to that real property recorded in public records of that count~ to the date of t.hjs contract. showinq in the seller a marketable title in accordance with title standards adopted from time to time by the lorida Bar, subject only to liens, encum. brance. exceptions or qualifications set (orth in this contract and those which shall be discharsr:;ed by seller at or belon: closing, (2) a titlc guarantee commitment issued by a qualified title insurar agrccin~ to issue to the buyer, upon the rccordin~ of the deed hereaCter mentloncd. as owner Kuatanlet in the amount or the purchase price iruutin¡ the tjtle of the buyer to that real property. subject only to liens, encum· brances, exceptioN or qualificatiaru set forth in this contract and those which shall be dischar¡ed by seller at or beCore closina:. Buyer shall have fifteen (IS) days if abstract, or five (S) days iC tÙle ¡:uarantee, Cram the date oC receivini' the evidence oC title [0 examillc same. If title is Cound to be defective, ·the buyer shall, within said period notify the seller in writinjt ,peciIyina: the defects. rr the said dcfec[~ render the title unmarketable, the seUer shall have ninety (90) days Cram the receipt of such notice to cure the deCecu. and if after said period seller shall not have cured t.he defects, buyer shall have the option: (1) accepting title as it then is, or (2) demandin~ a reCund of all 010011.'\ paid hereunder which shall forthwith be returned [0 the buyer, and thereupon the buyer and seller shall be released of all Curther obliga- tions under this contract. B. EXISTING MORTGAGES: The seller shaIl Curnhh estoppel letters (not necessarily in aC.Gdavit form) stUin¡r forth the principaJ balance. method of payment, and whether the mort¡a¡e is in ¡ood standin¡. If there is a charae for the chanee oC ownership records, by 'the mort¡a¡:ee, it shall be borne by the buyer. SeIler shaH receive as credit at c1osini, an amount equal to the escrow Cunds heJd by the morta:a¡ee. rr the exisdn¡z mort¡a¡e requires the buyer to assume same, then the buyer shall do SOj provided, however. if the mort¡:a¡:ee docs not accept the buyer. then in that event occurrin¡, the buyer at his option, may cancel the: contract and all monies paid by the buyer shaIl be refunded to the buyer. C. PURCHASE MONEY MORTGAGES: Any purchase money notes and mortiaeel required by the contract shaJJ Callow the torms generally accepted and wed in the county where the land is located. Any purchase .money mort¡a2"e shaJJ provide Cor insurance a;zainst loss by fire with extended covera¡e ,n an amount not less than the Cull iNurabIe value oC the' improvements. In a tint mortÆa¡e, the note and mort¡a¡e shaJJ provide Cor acceleration, at the option oC the hoJder, after thirty (30) day. deCault and in a second mortiale, aCter liCleen (1.5) days dcfa.ult, A second mortiale shall require a mortia¡Or to keep all prior liens and encumbrances in ¡ood .tandini. Buyer shaH have the ri¡ht to prepay all or part at the principal at any time or times with interest to date oC payment without penalty. D. OTHER MORTGAGES: In the event buyer executes a mortiaie to one other than the lelIer, an COltl and charies incidental (hereto shall be p.id by the buyer. E. SURVEY: If the buyer dairCl a survey he shall have the property surveyed at his experue prior to cJosin¡ date. If the survey shows all encroachment, the same shall be treated as a title delect. MITE INSPECTION: Prior to closing, at buyer's expense, the buyer shall have the right to have the property ins ct and bon e . ator to determine whether there is any active termite infestation or damage rrom r' .. aucn in Ihe impro,'c- menu on said property. is any such infestation or damage. the seller sathe treatment required to remedy i¡nr such infestation or damage 10 repor . ding the cost . . r rep acing aU portions oC said improvemenu which are in(c,.ted or have been damaged. However, i to be Incurred arc more than three (3%) percent oC the purchase price. thclI. at the scUer's· nce the contraCt within ten or the receipt oC the termite inspection report by Kiwin( writtcn nOlin' yer. "Termitc" shall ùe deemed to include all wood destroying org . G. . mSU~t.KOE. It :.,j...Au~..\. å tð he preraud, tlu nUn rt~"II -.. tiP ...~tgr· ,,,. ..1-..:..... ,...,.. r.......:.." .... ".'}'-- ~II :~r InAc.-JlQii~i~r GeptC't-thCf' . , ~e seller shalI Curnish copies of all written leases to the buyer prior to cJosine/and iC there ar~ any ".......oAl--tR-posscssion without written ~el lette" Crom $Ut'h n#'nnnt: "p...rtl}:.m¡...-tÐ.e-nature-and du.nmon 01 the occupancy shall be Curnished to the buvcr a.y.-the--scH'Copdor I C oslOg-ttate. , I. MECHANICS LIENS: Seller shaIl furnish to the buyer an affidavit that there have been no improvements to the subject property for 90 days immediateJy ~recedin¡ the date oC cJosin¡. If the subject property has been improved whhin 90 day. immediately precedin~ the closinL: dnle, the seller shall cliver releases or waiver oC aU mechanjcs liens ex ecuted by ¡eneral contractors, subcontractors, suppljers or maceriaJ men and seller's mechanics Hen affidavit. J.. PLACE OF CLOSING: Closin¡ shall be held at the office oC the seller's attorney or as otherwise aKreed upon. K. TIME IS OF THE ESSENCE: Time is oC the essence of the Co ntract Cor Sale and Purchase. L. DOCUMENTS FOR CLOSING: Seller's attorney or other dOlina: alent shalI prepare deed, note, mortgaa:e, seller's aCûdavit. closins¡: statement and submit copies oC lime to buyer's attorney, and copy 0 C closin¡ statement to the broker, at least two days prior to scheduled cJosina: date. M State surtax and documentary Itamps which arc required to be .Cfixed to the irutrument oC c~u.....inlanKibJe-pcrsonaJ 2~rty ru:~ and thc cost r .tct-1; ffic seller. Uocumentary stamps co be afCixed to the e or notes secure y t e purchue money mortla¡e and the cost of recordin¡ e eo . . y-the-buye.. i~· count. ~ takel place and the current year's taxes are not fixed, and the current year's .,,_cn"t...rtt.-&t-antlable. axe. will be prorated based upo~ such a .~d the prior year'. millait. It the current ~~:IP'. ·.......menrl' not available, then taxes will be prorated on (he prior year's tax, provided, 0 C'Ye~here is cnmpl..t.~prov'e~ent .0 f t e lubject pre!11isCl by January 1 oC the year oC closine, then the caxo: 'Shall be prorated t at..-.of-cI D&Jed~n the prior year s mllJaee and an equitable USCSlment to be a¡reed upon between the parties. L~in 0 CONI era.tion Homestea.d Exemption, Ihny. , . ENT LIENS: Certified, conIirm~Ltatitied special assessment Hem as of the date oC closina: (and noe as . ,# of the contract) are to be pal y . .. e date of closing shall be ass t owever, that whcr~ the improvement has been substantåaUy com lered a [~t ¡drred as certified, confirmed or ratified a carie an amount equal to the estimate y the public bo y 0 I< C rovement. c \ 11. fERBeII.·.~ fROFERT..·. 11... .,JJ... .~....~,..tt. __ Ii afrall" ,flu aU m';;., I,,,,ra.... .,111 J....À&HIr} . .e1_!i.1I il1th. ..It .h.lIl!! in J. J ..L:... ..J.. ....1 .....:. _.1 ~.. .1.1. .1 d~:.... 1.11 .........1 ........1, .1.All b. 1..._1.....1 b, 8:11 ul 5.1. ""I. IV...."', ul Tid.. OF LOSS: IC the improvements arc damaled by Cire or casualty belore delivery 01 the deed and can be re.tored t same can Ibon . in a period oC 60 daYI therealter, seller shaU 10 ratore the im e an date of delivery of possession. hereinbefore pro~1 extended ae o '0, the buyer .h.ll have the option 01 (1) takina the property as IS to " cance!lina: the contract, and all deposits arc to be forthwith returned to the buyer artlcs s all be released 01 any and all obli¡ation' an .. , r· ~·II',~AIII'J:E!I.'\ì~8~ ¡B'I"lt".thì d_l. 'l.lh. ...:t.__! _.~d tI..¡d~. {'I_¡...¡ II.. ...v..~.I" j:..lwd:". 1_.....~.l..v~~.., _..d .._.1, :1...,. ,a .1 ...J....I...! , 1.1 U U 1 111 U.. Ihall .1 I 11. II. a.. II. all I I. IIAIra.l, If U ar~ au IA lur 11U1í1-I:d. S. PROCEEDS OF SALE: The Deed shall be recorded and the evidence of title continued, at .eller'. expense, to show ticle in the buyer, without Iny encumbrances or chanae from the date of the lalt evidence renderin¡ leller'. title unmarketable, and the Clsh proceeds oC such sale shall ~e held in escrow by the leller', attorney or by luch olher mutually alreed upon Escrow Alent lor a period oC not lonaer than Cive (5) days. excluSIve of Saturday.. Sundays and hoJiday.. If the seU"'1 title is so rendered unmarketable, the bUler" attorney .hAII, within the said Cive (5) day period, notify .eUer', attorney in writinl of the defect and the ,eUer shall have thirty (30) day' rom the date oC ret:eipt oC .uch notification to cure the dcIect. In the ev!nt .ell~r rails to timely cure .aid defe~t, aU mania paid hereundcr .hall, upon written demand, thereCor within five (5) day. ther~ftcr, be Immediately returned to b~er, ~nd Ilmultaneoully With .uch. repAyment, buyer shan vacate the premises aud reconvey by SpcclAl Warranty Deed. In the event of e fadure 01 the buyer to make timely demand Cor refund he' .hall take tide as is waiving aU ri¡ht£ a¡ainst the .cUer u to the intervcninl delect. '. ... DAV",I!;}" 3 CO¡'¡MU310H. 1't... B.w......·. ...........A_ ),..111.. di,~¡n. ... -t .1.. .Y-.q'" l' .1.... ...~..1..._._...t "r ,J.. p-----"'T U. ATTORNEY FEES AND COSTS: In connection with any litisation .risin¡ out or the contract, the prc:vailin¡ party shall be enljlled to . recover all costs incurred, includin¡ rea.onablc attorney. reCl. v. CONTRACT NOT RECORDABLE. ThiJ contract shan not be recorded in the office oC the Clerk oC any Circuit Court oC the State oC Florid.. BRITTON PRESS '- 01 · II:' ~ I.....'... . ~ 3 ~ 11.' - - ¡ Goll COllrs, " .,¡, :.~: AVE. ðO ~ · : ! . : I · I 4 I I 3 i 1. , .. .... I ~,~~.~ '.;, .,-, ,'; . ;:1~~:'~"~::·.~:~-:;.f;.·:~;7~,!:'.;~ - . ¡;t:-. . . · 2 AGO.··QEL..'REV " ~. pLAT JI"':A . : Golf Cour$ø . . .,;,~. t, . 3K. 39, PG.170) TRACT. "s" ~ REY ,,(. <;>1 ~~~ ,.. G. 69) .. c:.. .J .~ Q~\; \~~~ CO~~ N'~ '6,'1. ~~ . - . -- . .. ~. ..' ". ..... ".,' -. ·"~"""""".'...I·.;!.I':';"··"-"""¿-"'·~-~tIIf"·~...Ã.r... "~~"'-'f"'~: r-~"-"".-'~,:;:;:':'r'~ " ,~ l.,t"'/<. tf- ) [IT' DF DELHA' BEA[H 100 N.W. 1st AVENUE OELRAY BEACH, FLORIDA 33444 407/243 70C!'; MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Purchase of Harris Property - Municipal Golf Course/Funding Agenda Item 7/09/91 DATE: July 2, 1991 I discussed funding the purchase of the 70 foot wide strip of property with Joe Safford. He has recommended that the $7,500.00 purchase price be funded from the Decade of Excellence Fund - Golf Course project account number 225-4762-572-60.11. Bond Interest earnings would need to be transferred to this account. I have a concern that the golf course operating account will not have sufficient funding at the end of the fiscal year to absorb the purchase. The parcel being acquired is a gap between a 5.9 acre parcel the City acquired in 1978 and the parcel to the North which was sold to a developer. A portion of the 2nd fairway and the proposed berm lie within the 70' strip to be acquired. RAB:kwg cc: David Tolces Joseph Safford THE EFFORT ALWAYS MATTERS [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1s1 AVENUE' DELRAY BEACH, FLORIDA 33444 FACSI1v!ILE 407/278-4755 HEMORANDUM DATE: July 1, 1991 TO: Ci t.y COITroission Assistant City Attorne~ FROM: David N. Tolces, SUBJEC'l' : Purchase of Harris Property Adjacent to the Delray Beach Municipal Golf Course At the present time, a 70' wide strip of property consisting of approximately 1.64 acres lies between the municipal golf course and the Fairways of Delray. This parcel is owned by the Harris family. When the Harris' sold property which was developed into the Fairways of Delray, the legal description omitted this 1.64 acre parcel. The City presently has title to the 5.9 acre parcel to the south of the subject property. In order to fill in the l1gap" between the Fairways of Delray and the 5.9 acre parcel, the City was asked if it wished to purchase the parcel in order to maintain the continuity of the golf course. The proposed purchase price is $7,500.00, and commi~sion's approval is requested' in order for the transfer of ownership to take place. DNT:sh cc: David Harden, City Manager -. NOTICE OF INTENT TO ACQUIRE· REAL PRqPBRt'! ! ! , t NOTICE IS HERESY GIVEN, that the City of Delray Beach, i Florlda, has determined it to be in the best interest of the City to purchase certain real property, for municipal purposes, more particularly described as follows: ! commence at a point where the East line of Homewood Boulevard, as shown on Plat No.1, of Homewood Subdivision, as recorded in Plat Book 15, page 23, :Palm Beach County records, intersects with the East/West centerline of said Secti.on 19, for the Point of . Beginning 1 thence an easter¡'y d1rection along said centerline a distance Of 696.40 feet; . thence northerly and parallel to said East right-at-way line of Homewood Boulevard, as shown on said Plat of Homewood SUbdivision a distance of 370.00 feet; thence N.S4¿S8'12QZ., 121.90 feet; thence N.89· S9'OO"W., parallel with the said East-West Quarter Section Line of Sect10n 19, 796.22 feet, more or less to said East ric¡ht"'of"'way of Homewood. Boulevard; thence southerly along said East right-af-way line of Homewood Boulevard, a distance of 440.00 feet, more or less, to the Point of Beginning. Subject to easements, restriction., limitations and other matters of record, for the purchase price of seven Thousand Five Hundred Dollars ($1,500.00) and other good and valuable consideration. The cOst of closing the transaction title insurance and document preparation to be borne by the City of Delray Beach A Resolution of the City Commission of the City of Delray Beach, Florida, authorl.zlDg the purchase of the property and on the terms and condlt1ons set forth above, will be considered for adoption by the City commission at a regular meeting to be held at 5:00 p.m. on TUesday, JUly 9, 1991. PUBLISH: Delray Beach News June 25, 1991 July 2, 1991 ,,·4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tí7i1 SUBJECT: AGENDA ITEM # q", - MEETING OF JULY 9, 1991 APPOINTMENT OF A MEMBER TO THE COMMUNITY REDEVELOPMENT AGEN- CY DATE: July 3, 1991 This item was deferred at your June 25th meeting. Doyle Dudley's term on the Community Redevelopment Agency expires July 9, 1991. He is eligible and has requested reappointment. We have received additional applications from: J. Reeve Bright Rosalind Murray Deborah Wright Michael Manning *Richard Raab *Currently serving on the Code Enforcement Board. This is a Seat #2 appointment. Recommend the appointment of a member to the Community Redevelopment Agency to a term ending July 9, 1995. Ð-J\. ~ ~ J- f!uv¿ ßw;ist MEMORANDUM TO: David T. Harden, City Manager THRU: Alison MacGregor Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: APPOINTMENT OF MEMBER TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: July 2, 1991 This item was postponed from the Commission meeting of June 25, 1991. The term of Doyle Dudley will expire on July 9, 1991- Mr. Dudley is interested in being reappointed and is eligible. He was appointed to serve the unexpired term of Commissioner Armand Mouw. The term is for four (4) years. The application for Mr. Dudley is attached. Chapter 170.01 (B)(2) states the following, IIAny person may be appointed as a Commissioner if he resides or is engaged in business, which means CY owning a business, practicing a profession, or performing a service for compensation; or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the Agency, which shall be coterminous with the area of operation of the city, and is otherwise eligible for such appointmentll. The following persons are also interested in being considered and have submitted their resumes for review: J. Reey.r0 Brigkt ~ichael Manning ~salind Murray o...Richard Raab (Presently serving on CEB) Deborah Wright ( I' " " ~tll'I ....; EdwftItÞ if. 2. h ~..-....I Based upon the rotation system adopted by the City Commission, the appointment would be made by Commissioner Jay Alperin, Seat #2. craa.txt MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER1 SUBJECT: - MEETING OF JULY 9, 1991 AGENDA ITEM # . APPOINTMENT OF A OMMISSION MEMBER TO THE DOWNTOWN PARKING STUDY GROUP DATE: July 3, 1991 This item is before you to formally nominate and appoint a member of the Commission to serve on the Downtown Parking Study Group. Recommend the appointment of a Commission member to the Downtown Parking Study Group. mt:. rn OLLuJ PppO iníE/) wiM rn~. í?nnJo/p~ ) IfS ¡:r/fE,e/)¡}íE., · [ITY OF DELRAY BEA[H July 11, 1991 Mr. Raymond C. Sittig Executive Director Florida League of Cities P.o. Box 1757 Tallahassee, FL 32302-1757 Re: Resolution No. 53-91 Dear Mr. Sittig: In regular session on July 9, 1991, the Delray Beach City Commission adopted Resolution No. 53-91, endorsing the candidacy of The Honorable Clarence E. Anthony, Mayor of the City of South Bay, Florida, for the office of Second Vice-President of the Florida League of Cities. A copy of Resolution No. 53-91 is enclosed for your review. Sincerely, ~Yf)J,GJ1~ l-IadJr Alison MacGregor Harty City Clerk AMH/rn Enclosure cc: David T. Harden, City Manager Lester B. Baird, Sr., City Manager, City of South Bay THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~{ SUBJECT: AGENDA ITEM # qV - MEETING OF JULY 9, 1991 REQUEST FOR SUPPORT OF CANDIDATE FOR THE OFFICE OF SECOND VICE-PRESIDENT/FLORIDA LEAGUE OF CITIES DATE: July 3, 1991 We have received a request from the City of South Bay for support of Mayor Clarence E. Anthony's candidacy for the office of Second-Vice President to the Florida League of Cities. A profile of Mayor Anthony's professional, educational, and municipal experience is attached. Staff has prepared a draft resolution of support which is also attached. Should the Commission decide to endorse Mayor Anthony, a separate motion would be needed to adopt the resolution. " .~ RESOLUTION NO. 53-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF THE CITY OF SOUTH BAY, FLORIDA, FOR THE OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. WHEREAS, Clarence E. Anthony has served as Mayor for the City of South Bay for the past seven years; and, WHEREAS, Mayor Anthony has long been involved in numerous leadership positions in the Palm Beach County Municipal League, National League of Cities, and the Florida League of Cities; and, WHEREAS, Clarence is currently serving on the Board of Directors and Executive Committee for the Florida League of Cities and has served more than three years; and, WHEREAS, Clarence is a candidate for the office of Second Vice-President for the Florida League of Cities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Mayor Clarence E. Anthony's candidacy for the office of Second Vice-President of the Florida League of Cities (FLC) is hereby strongly supported. Mayor Anthony's dynamic leadership abilities would be a credit to the State of Florida, South Florida, Palm Beach County and our City. Section 2. The City's official Florida League of Cities voting delegate to the annual conference is hereby directed to vote for Mayor Clarence E. Anthony. PASSED AND ADOPTED in regular session on this the 9th day of July, 1991. ~~ , MAY OtJl.' ATTEST: (J J; Nrn~ 111 I ;¡:v1-lD.rlf ~ty Ie . ì, !, "'~ I,' , (. City Hall (407) 996-6751 .' ~l<-'(-'- :í~·""'''-c~ (407) 996-6752 Police Oily 0/ 00ulh Ÿ1ay Department (407) 996-65 II 335 S, W. 2ND AVENUE 00ulh :Ba!l, !7lorùfa 33493 June 21, 1991 ÆÜj. , -..C Mr. David Harden JUit¡ (, City Manager i" as 19 city of Delray Beach oJ/i! '. ... 9/ 1~¡Jjk . 100 N.W.First Avenue vJ.¡rJ - Delray Beach, FI.33444 tR'S OffiCE Dear David: As you may already know, Mayor Clarence E. Anthony is a candidate for the office of second Vice-President of the Florida League of cities. Mayor Anthon¥ is known throughout the state of Florida and has a excell- ent opportunlty to be elected. However, he does have opposition. There fore, the help of all Palm Beach County Cities would be especially helpful and appreciated. Enclosed is a Resolution ado~ted by the South Bay city Commission that I would like for you to conslder adopting by your city. Once adopted, I'd a~preciate your forwarding a copy to FLC Executive Director Ray Slttig and a copy to me. I'm also enclosing a copy of Mayor Anthony's Profile. Should you have any questions, please feel free to contact me. Thank you for your assistance in the matter. Sincerely, ~/~. City Manager Enclosures .,,* RESOLUTION NO. jJ 3 -9/ A RESOLUTION ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTIDNY. MAYOR OF THE CITY OF SOUTH BAY. FL. FOR THE OFFICE OF SEC- OND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. WHEREAS . Clarence E. Anthony has served as Mayor for the City of South Bay for the past seven years, and WHEREAS . Mayor Anthony has long been involved in numerous leadership positions in the Palm Beach County Municipal League, National League of Cities, and the Florida League of Cities, and WHEREAS . Clarence is currently serving on the Board of Directors and Executive Committee for the Florida League of Cities and has served more than three years, and WHEREAS . Clarence is a candidate for the office of Second Vice-President for the Florida League of Cities. NOW. THEREFORE. Be It Resolved By The City Commission of the City of South Bay, Fl, as follows: SECTION 1. Mayor Clarence E. Anthony's candidacy for the office of Second Vice-President of the Florida League of Cities (FLC) is hereby strongly supported. Mayor Anthony's positive dynamic leadership abilities would be a credit to the State of Florida, South Florida, Palm Beach County and our city. SECTION 2. The City's official Florida League of Cities voting delegate to the annual conference is hereby directed to vote for Mayor Clarence E. Anthony. J PASSED AND RESOLVED THIS /q~ DAY OF,t<~L'~ . 1991. ,/ Mayor Vice-Mayor ,¿ ~'-- Attest: ~~¿,{ Comm ioner 1 I, , ) , ~rUL;U£ ¿JL J '\ \ \ ~ "), ~IY" -.-:;{)~ J---, " CommiSsioner ;' '-~~, ~Z~( i ^'^ ^^' ~ , "- .) Ci~ Clerk Commissioner . ELECT MAYOR CLARENCE E. AN~rHONY 2ND VICE-PRESIDENT FLORIDA LEAGUE OF CITIES PRO F I L E CITY OF SOUTH BAY 335 S.W. 2ND AVENUE SOUTH BAY, FLORIDA (407) 996-6751 (407) 996-7950 - FAX Lifetime resident of Palm Beach County, specifically Belle Glade and South Bay, Florida. ELECTED POSITION: Mayor, City of South Bay. March, 1984 to present. PROFESSIONAL EXPERIENCE: President, C.E. Anthony & Associates, Inc., public and private sector consulting firm. EDUCATION: Post Graduate Studies, Florida Atlantic University, Boca Raton, Florida. Master of Public Administration, Florida Atlantic university, Boca Raton, Florida; September, 1982. Bachelor of Arts, Florida Atlantic University, Boca Raton, Florida; June, 1981. Major - Social Science. Associate of Arts, Palm Beach Community College, Lake Worth, Florida; May, 1979. Major - Pre-Law. MUNICIPAL LEAGUE EXPERIENCE: Palm Beach County Municipal League: Chair, Palm Beach County Municipal League Directions Committee Chair, Palm Beach County Municipal League Nominations Committee Member, Growth Management Directions Committee Served on the By-Laws Committee Served on the Budget Committee. "',~ Florida League of cities: Member of the Board of Directors Member of the Florida League of cities Executive Committee Served on the Human Development Committee Chair and Member of the Finance & Taxation Committee Served on the Home Rule Committee Served on the By-Laws Committee Served on Nominating Committee and Resolutions Committee Trustee, Florida Municipal Liability Self Insurers Program Published article, Florida League of cities Quality cities Magazine, October, 1990. National League of Cities: Served on Human Development Steering Committee Served on Finance, Administration, and Intergovernmental Relations Committee Presenter, Futures Advisory Council. HONORS AND AWARDS: South Florida Business Journal 1990 Up & Comer's Award; Florida Jaycees 1989-90 Mayor of the Year for the state of Florida; Ebony Magazine Future Leader; McKnight Foundation Black Doctoral Fellowship; FAU Distinguished Alumnus Award; Palm Beach community College Dis- tinguished Alumnus Award; outstanding Young Men in America; outstanding communit¥ Leaders of America; Environmental Growth Management Graduate Fellowshlp. , r40 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t''Ii 1 SUBJECT: AGENDA ITEM # f () ~ - MEETING OF JULY 9, 1991 ORDINANCE NO. 42-91 DATE: July 3, 1991 This is a second reading of an Ordinance amending the Code of Ordinances by enacting a new subheading, "Pawnbrokers and Second-hand Dealers"; providing a records requirement for Pawnbrokers, which includes obtaining the signature, identification number, and thumb print of each person from whom an article is pawned, purchased or delivered. These recordkeeping practices were previously mandated by State Statutes; however, when the Statutes were amended in 1990, they were omitted. Thus, it is now optional for Pawnbrokers to obtain a thumbprint as means of identification. The only purpose of this ordinance is to reinstitute the requirement for a thumbprint and identification by social security or driver's license number, for those types of secondhand transactions already contained in the state statutes. According to the State Statutes, used cars dealers do not fall under the purview of "secondhand" dealers. Additionally, registered non-profit, religious, or charitable organizations, and school-sponsored associations or organizations are exempt from these requirements. This Ordinance is necessary to aid police investigators in tracking down suspects who deal in stolen property. The use of fingerprints leaves no room for error when identifying individuals. The present method of identification, photographs, is not one hundred percent reliable. Further, the use of fingerprints in court proceedings is judicially recognized and invaluable. Recommend approval of Ordinance No. 42-91. 'i I' ORDINANCE NO. 42-91 II II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF il DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA BY ENACTING A I NEW SUBHEADING, "PAWNBROKERS AND SECOND-HAND I I DEALERS"; PROVIDING FOR DEFINITIONS AND EXEMPTIONS; PROVIDING A RECORDS REQUIREMENT FOR SECOND-HAND I DEALERS WHICH INCLUDES A REQUIH.EMENT FOR A SIGNATURE, IDENTIFICATION AND THUMB PRINT; PROVIDING FOR PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 538 of the Florida Statutes governingl second-hand dealers, was amended in 1990 deleting the requirement fori certain record keeping and the requirement to provide an original! thumbprint of the seller; and, I I WHEREAS, the City Commission of the City of De1ray Beach, Florida desires to include in its ordinances necessary provisions for proper record keeping and the requirement for a thumb print to supplement Chapter 538 of Florida Statutes Part Ii and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds it necessary to include certain record keeping and thumb print requirements in order to aid its law enforcement personnel in the arrest and prosecution of individuals engaging in stolen property. NOW, 'l'HEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That Chapter 118, "Solicitors and Peddlers" , of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new subsection, "Pawnbrokers and Second-Hand Dealers", to read as follows: "PAWNBROKERS AND SECOND-HAND DEALERS". Section 118.50. Definitions and Exemptions. 1. The definitions contained in Florida Statutes, Chaptf>r 538.03(1) and exemptions provided in Florida Statutes 538.03(2) are incorporated as it fully set forth herein. Section 118.51. Record Keepinq Requirements. (A) Any second-hand dealer, in addition to meeting the requirements of Florida Statutes Section 538.04 shall maintain records which includes an original right thumb print and signature of each person from whom each article is pawned, purchased or delivered, together with such person's driver's license number, social security number or other identifying number. . -~ Section 118.52. Penalties. Any person, firm, or corporation who violates any provision of this subchapter shall, upon conviction, be subject to a fine I not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceed ninety (90) days, or both. Each day any I violation shall continue to exist shall constitute a separa tel offense. Section 2. That should any section or provision of this: ordinance or any portion thereof, any paragraph, sentence, or word be: declared by a Court of competent jurisdiction to be invalid, such¡ decision shall not affect the validity of the remainder hereof as ð¡ whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in, conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective withinl ten ( 10) days of its passage on second and final reading. i I i I in , PASSED AND ADOPTED regular session on second and finali reading on this the day of 19 - MAY 0 R ATTEST: City Clerk F il:st Reading June 25, 1991 Second Reading 2 ORD. NO. 41-91 . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¡,tpvÎ SUBJECT: AGENDA ITEM # laR - MEETING OF JUNE 25, 1991 ORDINANCE NO. 42-91 DATE: June 21/. 1991· First reading of this Ordinance was deferred to your June 11th meeting. This is an Ordinance amending the Code of Ordinances by enacting a new subheading/. "Pawnbrokers and Second-hand Dealers"; providing a records requirement for Pawnbrokers/. which includes obtaining the signature/. identification number, and thumb print of each person from whom an article is pawned/. purchased or delivered. These recordkeeping practices were previously mandated by State Statutes; however/. when the Statutes were amended in 1990/. they were omitted. Th us, it is now optional for Pawnbrokers to obtain a thumbprint as means of identification. The only purpose of this ordinance is to reinstitute the requirement for a thumbprint and identification by social security or driver's license number, for those types of secondhand transactions already cont~ined in the state statutes. According to the State Statutes/. used cars dealers do not fall under the purview of "secondhand" dealers. Additionally/. registered non-profit, religious, or charitable organizations/. and school-sponsored associations or organizations are exempt from these requirements. This Ordinance is necessary to aid police investigators in tracking down suspects who deal in ßtolen property. The use of fingerprints leaves no room for error when identifying individuals. The present method of identification, photographs/. is not one hundred percent reliable. Further/. the use of fingerprints in court proceedings is judicially recognized and invaluable. Recommend approval of Ordinance No. 42-91 on first reading. /)pptcOfj) on /5f" (!£f(IJ/ /79 6/d-5/9! -k PI-! / dnD ffIfO on \JÚ.!c-¡ 9WJ f¿u3U51-! : t/éJ-9/91 · £ITY DF DELRAY BEAtH CITY ATTORNEY'S OFFICE _;111 ;).1 1,¡srIUILSllrF-I. DIUUY BI\( H.II()R!l)\;q~3 4,·7 243-'"')1) . rl LlTUPII R -1117 2-\--!-'~ MEMORANDUM DATE: June 18, 1991 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Pawnbrokers and Second-Hand Dealers Ordinance Our office and Sergeant Tustin of the Police Department have contacted Ken Rohan to discuss the application of the proposed ordinance relating to pawnbrokers and second-hand dealers. Mr. Rohan's original concern was that such ordinance might apply to used cars, charity operations, and other regular businesses that handle second-hand merchandise. Mr. Rohan is now satisfied that the ordinance does not apply in the manner previously alluded to by Mr. Rohan. The only purpose of the ordinance is to reinstitute the requirement for a thumbprint and identification by social security or driver's license for those types of transactions already contained in the state statute. The thumbprint and identification requirements were omitted from state law in 1990. The ordinance does not add to the list of types of transaction covered by the state statute. The ordinance adopts the definitions and exemptions contained within the state statute by reference. These definitions and exemptions are attached hereto for your information but were not included verbatim in the ordinance due to their length. To come under the additional identification and thumbprint requirement of the ordinance, second-hand dealers must be involved in transactions involving the specifically named second-hand goods listed in Florida Statutes Section 538 . 03 ( 1 ) (g) . Used cars are not on the list and, thus, sales 9f used cars are exempt from the requirements of the statute and the City proposed ordinance. Specifically exempt are second-hand goods transactions by any nonprofit, religious, or charitable organization or any school sponsored association or organization (See Fla. Stat. 538.03(2). Specific exemptions in the statute also exist for transactions at flea markets, auctions, garage sales which are conducted less than ten weekends per year, and for any person at antique, coin, or collectible shows or sales, among others listed in Fla. Stat. 538.03(2) (a) - ( n) . This ordinance does not impose any additional requirements from the state statute, nor include any business as not already included in the state statute, but simply imposes thumbprint and identification requirements, as were previously required by :~te, prior to its amendment. cc Chief Rick Lincoln Sergeant Tustin Mr. Rohan -. . ...........' . .-- -- -'- - - . - ~ ORDINANCE NO. 42-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS", OF THE COD£ OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SUBHEADING, "PAWNBROKERS AND SECOND-HAND DEALERS"; PROVIDING FOR DEFINITIONS AND EXEMPTIONS; PROVIDING A RECORDS REQUIREMENT FOR SECOND-HAND DEALERS WHICH INCLUDES A REQUII'EMENT FOR A SIGNATURE, IDENTIFICATION AND THUMB PRINT; PROVIDING FOR PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 538 of the Florida Statutes governing second-hand deálers, was amended in 1990 deleting the requirement for certain record keeping and the requirement to provide an original thumbprint of the seller; and, WHEREAS, the Clty Commission of the City of Delray Beach, FLorida desires to include in its ordinances necessary provlslons for proper record keeping and the requirement for a thumb print .to supplement Chapter 538 of Florida Statutes Part I; and, WHEREAS, the City Commission of the Ci,'ty of Delray Beach, Florida, finds it necessary to include certain recprd keeping and thumb print requirements in order to aid its law enforcement personnel in the arrest and prosecution of individuals engaging in stolen property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 118, "Solicitors and Peddlers", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new subsectio'n, "Pawnbrokers and Second-Hand Dealers", to read as follows: "PAWNBROKERS AND SECOND-HAND DEALERS", Section 118.50, Definition. and Exemptions. 1. The definitions contained in Florida Statutes, ChaplPl' 538.03(1) and exemptions provided in Florida Statute" 538.03(2) are incorporated as it fully set forth herein. Section 118.51. Record Keepin4 Requjrements. (A) Any second-hand dealer, in addi tion to meeting the requirements of Fl or ida Statutes Section 538.04 shall maintain records which includes an original right thuolb print and signature of each person from whom each article is pawned, purchased or delivered, togettier with such person's driver's license number, social security number or other identifying number. 1.11 Section 118.52. Penalties. Any person, firm, or corporation who violates any provision of this subchapter shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90 ) . days, or both. Each day any violation shall continue to exist shall constitute a separate offense. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such dècision shall not affect the véi1idi ty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective within ten (10) days of its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading -.'''''. '1. 531.41 1990 SUPPLEMENT TO FLORIDA STATUTES 1989 s. 538.03 - ..! ;;.-- also have authority to establish tolerances and specifi- (d) "Pawn" means either of the following Iransae. cations for the accuracy and condition of these devices. tions: ( Hlstoty.-s. 1, ell 72-101; $. 1. ell. 77-217; $. 9. ch. 90-320. 1. Loan of money.-A written or oral bailment Of ( personal property as security for an engagement Or ( debt. redeemable on certain terms and wilh the implied O(Ç CHAPTER 535 power of sale on default. pre 2. Buy-sell agreemënt.-An agreement whereby a sp: HORSE SALES, SHOWS, AND EXHIBITIONS purchaser agrees to hold property for a specified periOd ()I) of time to allow the seller the exclusive right to repur. n. 535.19 Financial reporting for horse shows. chase the property. A buy-sell agreement is not a loan I 535.21 Occupalional license qualifications. of money. ca. (e) "Secondhand store" means the place or prem- 535.19 Financial reporting tor horse Ihowl.-[Re- ises at which a secondhand dealer is registered to con- Of pealed by s. 37, ch. 90-352.] duct business as a secondhand dealer, or conduCls tt1t Occupational license qualitlcationl.-[Re- business, including pawn shops. 535.21 (f) 'Consignment shop· means a shop engaging in Of pealed by s. 37, ch. 90-352.] the business of accepting for sale, on consignment, sec. . Iht ondhand goods which, having once been used or Irans. ferred from the manufacturer to the dealer, are then . as CHAPTER 538 received into the possession of a third party. tir (g) "Secondhand goods" means personal. property SECONDHAND DEALERS AND SECONDA~Y previously owned or used. which is not regulaled melals 58 METALS RECYCLERS property regulated under part II and which is,purchased, consigned, or pawned as used property. Such second. or PART I hand goods shall be limited to watches; diamonds, gems, and other precious stones; fishing rods, reel8, er SECONDHAND DEALERS and tackle; audio and video electronic equipment, Sf including television sets. compact disc players. radìoe, S( 538.03 Definitions; applicability. amplifiers. receivers. turntables, tape recorders: video 538.04 Recordkeeping requirements; penalties. tape recorders; speakers and citizens' band radi()s; hi 538.05 Inspection of records and premises of second- computer equipment; radar detectors; depth fin~ Sf hand dealers. trolling motors; outboard motors; sterling silver flatware h, 538.06 Holding period. and serving pieces; photographic equipment, including 538.07 Penalty for violation of chapter. cameras. video and film cameras. lenses, electronic tr 538.08 Stolen goods; petition for return. flashes, tripods, and developing equipment; microwave 538.09 Registration. ovens; animal fur coats; marine equipment; video games S 538.11 Powers and duties of department; rules. and cartridges; power lawn and landscape equipment; '^ 538.15 Certain acts and practices prohibited. office equipment such as copiers, fax machines, and a 538.16 Pawnbrokers; disposal of property. postage machines but excluding furniture; sports equip.. 538.17 Local regulation of secondhand dealers. ment; weapons, including knives, swords. and air guns; telephones, including cellular and portable; firearms; a 1538.03 Definitions; appllcablllty.- tools; calculators; musical instruments, excluding r. (1 ) As used in this part, the term: pianos and organs; lawnmowers; bicycles; typewriters; I, (a) 'Secondhand dealer· means any person, corpo- gold, silver, platinum, and other precious m~tals exclud· e ration, or other business organization or entity which is ing coins; and jewelry, excluding costume jewelry. t not a secondary metals recycler subject to part II and (h) "Transaction" means any purchase, consign- which is engaged in the business of purchasing, con- ment, or pawn of secondhand goods by a secondhand s signing, or pawning secondhand goods. Except as pro- dealer. s vided in subsection (2), thè term means pawnbrokers, (i) 'Precious metals" means ahy item containing any S jewelers, precious metals dealers, garage sale opera- gold. silver, or platinum, or any combination thereof, ( tors, secondhand stores. and consignment shops. excluding:. ,e (b) 'Precious metals dealer" means a secondhand 1. Any chemical or any automotive. photographic. ~ dealer who normally or regularly engages in the busi- electrical, rT1edical, or dental materialS or electronic ¡ ness of buying used precious metals for resale. The term parts. i does not include those persons involved in the bulk sale 2. Any coin with an intrinsic value less than its of precious metals from one secondhand or precious numismatic value. I metals dealer to another. 3. Any gold bullion coin. ! (c) ·Pawnbroker" means a secondhand dealer who 4. Any gold, silver, or platinum bullion that has been ~ is regularly engaged in the business of making pawns assayed and is properly marked as to its weight and but does not include a financial institution as defined in fineness. s. 655.081 or any person who regularly loans money or 5. Any coin !Vhich is mounted in a jewelry setting. . any other thing of value on stocks, bonds. or other (j) "Department" means the Department of Reve· securities. nue. 1492 1990 SUPPLEMENT TO FLORIDA STATUTES 1989 s. 538.05 . (It) ·Pledge" means pawn or buy-sell agreement. Within 24 hours of the acquisition of any secondhand ) This chapter does not apply to: goods by purchase or pledge as security for a loan, a (2 Any secondhand goods trar'lsaction involving an secondhand dealer shall deliver to the police depart-) (8)nization or entity registered with the state as a non- ment of the municipality where the goods were pur ~t religious, or charitable organization or any school- chased or, if the goods were purchased outside of <1. pIC) ~red association or organization other than a sec- municipality, to the sheriff's department of the county ::rv metals recycler. subject to the provisions of part where the goods were purchased, a record of the trans- I. (b) A law enforcement officer acting in an official action on a form approved by the Department of law Enforcement. Such record shall contain: capacity. (a) The time, date, and place of the transaction. (c) A trustee in bankruptcy, executor, administrator, (b) A complete and accurate description of the r:I receiver who has presented proof of such status to goods acquired, including any serial numbers, manufac- the secondhand dealer. turer's numbers, or other identifying marks or character- , . (d) Any public official acting under judicial process ¡sties. ¡ging·· r:I authority who has presented proof of such status to (c) A description of the person from whom the nt, see; the secondhand dealer. goods were acquired, including: >rtr (e) A sale on the execution, or by virtue of any proc- 1. Full name, address, workplace, and home and 'e th J ess issued by a cOllrt, if proof thereof has been pres- work phone numbers. ,.j . ented to the secondhand dealer. 2. Height, weight, date of birth, race, gender, hair roperty (I) Any garage sale operator who holds garage color, eye color, .and any other identifying marks. metal sales less than ten weekends per year. (d) Any other information required by the form :ha t. (9) Any person at antique, coirr, or collectible shows approved by the Department of Law Enforcement. eCOf1d.f Of sales. (2) The secondhand dealer shall require verification nonds, i (h) Any person who sells household personal prop- , ree(s.3 erty as an agent for the property owner or their repre- of the identification by the exhibition of a government- Jme;!ì sentative pursuant to a written agreement at that per- issued photographic identification card such as a driv- radi ," son's residence. er's license or military identification card. The record ; video' (i) The purchase, consignment. or pawn of second- shall contain the type of identification exhibited, the radios:! hand goods from one secondhand dealer to another issuing agency, and the number thereon. inde secondhand dealer when the selling secondhand dealer (3) The seller shall sign a statement verifying that atw has complied with the requirements of this chapter. the seller is the rightful owner of the goods or is entitled ;IUd~ ü) Any person accepting a secondhand good as a to sell or pledge the goods. ctro . trade-in for a similar item of greater value. (4) Any person who knowingly gives false verifica- 'owavê f (k) Any person purchasing, consigning, or pawning tion of ownership or who gives a false or altered identifi- gameS secondhand goods at a flea market regardless of cation, and who receives money from a secondhar' ') :Jmen~~ whether at a temporary or permanent business location dealer for goods sold or pledged commits: .' ' . ':J s, arid+" at the flea market. (a) If the value of the money received is less than equi~ (I) Any auction business as defined in s. 468.382(1). $300, a misdemeanor of the first degree, punishable as ·gu. -'·.-.Lm) Any person who purchases secondhand goods provided in s. 775.082 or s. 775.083. earm. as an antique dealer from the property owner or his rep- (b) If the value of the money received is $300 or luding ~ resentative at the property owner's residence pursuant more, a felony of the third degreê, punishable as pro- vriterd to a written agreement which states the name, address. vided in s. 775.082, s. 775.083, or s. 775.084. Jxclud- .~ and telephone number of the property owner and the Hlatory.-s. 2. ch. 89-533; s. 1. ch. 90-192; s. 2. ch. !JO..31B. .':~ type of property purchased. 'MOIe_-Repealed effective October ,. 1999. by s. 1, ch. !JO..192. and scheduled ~Sig~i (n) Any person purchasing, consigning, or pawning for review pursuant to s. 11.61. Idhand.. secondhand goods ordered.by mail, computer-assisted '538.05 Inspection of records and premises of sec- ~ shopping, media-assisted, media-facilitated, or media- ondhand dealers.- so!icited shopping or shopping by other means of media (1 ) The premises and required records of each see- communication, including, but not limited to, direct mail ol)dhand dealer are subject to inspection during regular advertising, unsolicited distribution of catalogues, televi- sion, radio, or other electronic media, telephone, maga- business hours by the police department if the premises zlne, or newspaper advertising, so long as such person are located within a municipality or, if located outside a is in this state at the time of the order. municipality, by the sheriff's department of the county (3) Part I of this chapter does not apply to secondary in which the premises are located, and by any state law metals recyclers regulated under part II, except for s. enforcement officer who has jurisdiction over the dealer. 538.11, which applies to both secondhand dealers and (2) The inspection authorized by subsection (1) shall secondary metals recyclers. consist of an examination on the premises of the inven- ,HIItory.-s, 2. ch. 89-533; s. " ch. !JO..l92; s. '. ch. !JO..31B. tory and required records to determine whether the rec- tor Note.-Repealed effectIVe October ,. 1999. by s. 1, ch. 90-192. and scheduled ords and inventory are being maintained on the prem- review pursuant to s. 11.61. ises as required by s. 538.04 and whether the holding '538.04 Recordkeeping requirements; penalties.- period required by s. 538.06 is being complied with. (1 ) Secondhand dealers shall maintain records of all Hlatary.-s. 2. ch. 89-533; s. 1. ch. !JO..192; s. 3. ch. !JO..31B. transactions of secondhand ·goods on the premises. 'Note.-RepeaJed affective October " 1999. by s. 1. ch. !JO..192. and scheduled for review pursuant to s. 11.61. 1493 .. 538.06 1990 SUPPLEMENT TO FLORIDA STATUTES 1989 s. 538.09 ----- '538.06 Holding perIod.- ment agencie~. but shall revoke such temporary regis_ (1 ) A secondhand dealer shall not sell, barter, tration if the completed background check reveals a pro- f! exchange, alter, adulterate, or in any way dispose of any hibited criminal background. An applicant for a second. secondhand goods within 15 calendar days of the date. hand dealer registration must be a natural person who ~ of acquisition of the goods. Such holding periods are not has reached the age of 18 years. applicable when the'person known by the secondhand (a) If the applicant is a partnership, all the partners dealer to be the person from whom the goods were must apply. . acquired desires to redeem, repurchase, or recover the (b) If the applicant is a joint venture, association, Of goods, provided the dealer can produce the recòrd of other noncorporate entity, all members of such joint ven. the .original transaction with verification that the cus- ture, association, or other noncorporate entity m~ tomer is the person from whom the goods were originally make application for registration as natural persons. acquired. (c) If the applicant is a corporation, the registration (2) Upon probable cause that goods held by a sec- must include the name and address of such corpora- ondhand dealer are stolen, a 1aw enforcement officer tion's registered agent for service of process in the state may extend the holding period to a maximum of 60 days. and a certified copy of statement from the Secretary 01".. The dealer shall assume all responsibility, civil or crimi- State that the corporation is duly organized in the state nal, relative to the property or evidence in question, or, if the corporation is organtzed in a state other than including responsibility for the actions of any employee Florida, a c.ertified copy of statement from the Secretary with respect thereto. of State that the corporation is duly qualified to do busl' (3) All dealers in secondhand property regulated by ness in this state. If the dealer has more than one loca. this chapter shall maintain transaction records for 5 tion, the application must list each location owned by years. the same legal entity and the department shall issue a Hlstory.-s. 2. ch. 89-533: s. 1, ch. 90-192; s. 4. ch 90-318, duplicate registration for each location. 'Note.-Repealed effective October 1, 1999. by s , ch. 90-192. and scheduled (2) The secondhand dealer shall furnish with his reg. for reVIew pursuant to $ 1161. istration a complete set of his fingerprints, certified by 538.07 Penalty for violation of chapter.-[Repealed an authorized law enforcement officer, and a recent ful~ . effective October 1, 1999, by s. 1, ch. 90-192, and face photographic identification card of himself. The scheduled for review pursuant to s. 11.61.] Department of Law Enforcement shall report its findings to the Department of Revenue within 30 days after the 538.08 Stolen goods; petition for return.-[Re- date fingerprint cards are submitted for criminal justice pealed effective October 1, 1999, by s. 1, ch. 90-192, information. and scheduled for review pursuant to s. 11.61.] (3) The secondhand dealer's registration shall be conspicuously displayed at his principal place of bu~ '538.09 Reglstration.- ness. A secondhand dealer must hold secondhand (1) A secondhand dealer shall not engage in the goods at the registered location until 15 days after the business of purchasing, consigning, or pawning second- secondhand transaction or until any extension of the hand goods from any location without registering 'with holding period has expired, whichever IS later, and must the Department of Revenue. A fee of $24 shall be sub- retain records of each transaction which is not specifi· .~ mitted to the department with each application for regis- cally exempted by this chapter. A secondhand dealer tration, which fee includes the federal and state costs shall not dispose of property at any location until the for processing required fingerprints. One application is holding period has expired unless the transaction IS spe· required for each dealer. If a secondhand dealer is the cifically exempted by this chapter. owner of more than one secondhand store location, the (4) The department may impose a civil fine of up to application must list each location, and the department $10,000 for each violation of this section, which fine shall shall issue a duplicate registration for each location. For be transferred into the General Revenue Fund. If the fiM purposes of subsections (4) and (5) of this section, these is not paid within 60 days, the department may bring a duplicate registrations shall be deemed individual regis· cIvil action under s. 120.69 to recover the fine. trations. A dealer shall pay a fee of $6 per location at the (5) In addition to the tine provided in subsection (4), time of registration and an annual renewal fee of $6 per registration under this section may be denied or any reg- . location on October 1 of each year. All fees collected, istration granted may be revoked, restncted, or sus· less costs of administration, shall be transferred Into a pended by the department if the department deter· trust fund to be established and entitled the Second- mines that the applicant or registrant: hand Dealer and S.econdary Metals Recycler Clearing (a) .Has violated any provision of this chapter or any Trust Fund. The Department of Revenue shall forward rule or order made pursuant to this chapter; the full set of fingerprints to the Department of Law (b) Has made a material false statement In the appli- Enforcement for state and federal processing, provided cation for registration; the federal service is available, to be processed for any (c) Has been guilty of a fraudulent act in connection criminal justice information as defined in s. 943.045. The with any purchase or sale or has been or is engaged in cost of processing such fingerprints shall be payable to or is about to engage In any practice, purchase, or sale the Department of Law Enforcement by the Department which is fraudulent or in violation of the law; of Revenue. The department may issue a temporary reg- (d) Has made a misrepresentation or false state- istration to each location pending completion of the ment to, or concealed any essential or matenal fact from, background check by state and federal law enforce- any person in making any purchase or sale; 1494 - . 1990 SUPPLEMENT TO FLORIDA STATUTES 1989 s. 538.20 I, .;.¢- .. _ _ t V Is making purchases or sales through any bu.si- 1538.18 Definitions.-As use~ in this part, the term: . I .' e associate not registered in compliance with the (1 ) "Ferrous metals' means any metals containing j JIISS'sionS of this chapter; significant quantities of iron or steel. rP" Has, within the preceding 5-year period. been (2) 'Fixed location' means any site occupied by a (I). ted of, or has entered a plea of guilty or nolo con- secondary metals recycler as owner of the site or as les- ~e to, a crime against the laws of this. state or any see of the site under a lease or other rental agreement ~state or of the United States which relates to regis- providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 tiOn as a secondhand dealer or which involves theft, days. .1 ~rceny, dealing in stolen property, receiving stolen (3) 'Money' means a medium of exchange author- ;:1 ¡: rty, burglary, embezzlement, obtaining property ized or adopted by a domestic or foreign government as III ~se pretenses. possession of altered property, any part of its currency. felony drug off~nse. any violation of s. 812.015. or any (4) "Nonferrous metals" means metals not containing fraudulent or dishonest dealing; significant quantities of iron or steel, including, without (g) Has had a final judgment entered against him in limitation, copper, brass, aluminum. bronze, lead, zinc, a civil action upon grounds of fraud, embezzlement, mls- nickel, and alloys thereof, excluding precious metals representation, or deceit; or subject to regulation under part I. . (h) Has failed to pay any sales tax owed to the (5) "Personal idéntification card" means a driver's Department of Revenue. license or identification card issued by the Department of Highway Safety and Motor Vehicles under s. 322.03 In the event the department determines to deny an or s. 322.051, or a similar card issued by another state, application or revoke a registration, it shall enter a final a military identification card, a passport, or an appropri- order with its findings on the register of secondhand ate work authorization issued by the United States Immi- I , dealers and their business associates, if any; and denial, gration and Naturalization Service. I I suspension, or revocation of the registration of a sec- (6) "Purchase transaction" means a transaction in ondhand dealer shall also deny, suspend, or revoke the which a secondary metals recycler gives consideration ! registration of such secondhand dealer's business asso- having a value in excess of $10 in exchange for regu- : cìates. lated metals property. J HfI(OIy.-s. 2. ch. 89-533;s 1. ch. 90-192; s. 5. ch 90-318. (7) "Regulated metals property" means any item '_-Repealed effective October 1. 1999. by s. 1. ch. 90-192, and scheduled composed primarily of any nonferrous metals, but shall II ...._pursuant to s. 11.61. not include aluminum beverage containers, used bever- 538.11 Powers and duties of department; rules.- age containers, or similar beverage containers. Repealed effective October 1,1999, by s. 1, ch. 90-192, (8) "Secondary metals recycler" means any person , ~ who: and scheduled for review pursuant to s. 11.61.J (a) Is engaged, from a fixed location or otherwise, in ..~'J 538.15 Certain acts and practices prohibited.- the business of gathering or obtaining ferrous or nonfer- rous metals that have served their original economic 'i'\ ¡Repealed effective October 1, 1999, by s. 1, ch. 90-192, ,./ ¡ purpose or is in the business of performing the manufac- ~ and scheduled for review pursuant to s. 11.61.] turing process by which ferrous metals or nonferrous ,. 538.16 . "pawnbrokers; disposal of property.-[Re- metals are converted into raw material products consist- ìF ing of prepared grades and having an existing or poten- pealed effective October 1,1999, by s. 1, ch. 90-192, tial economic value; or and scheduled for review pursuant to s. 11.61.] I; (b) Has facilities for performing the manufacturing . r ~ 538.17 Local regulation of secondhand dealers.- process by which ferrous metals or nonferrous metals Iii are converted into raw material products consisting of (Repealed effective October 1, 1999. by s. 1, ch. 90-192, prepared grades and having an existing or potential eco- and scheduled for review pursuant to s. 11.61.] nomic value, other than by the exclusive use of hand ! tools, by methods including, without limitation, process- i PART II ing, sorting, cutting, classifying, cleaning, baling, wrap- I' ping, shredding, shearing, or changing the physical form SECONDARY METALS RECYCLERS or chemical content thereof. Ii: (9) "Department" means the Department of Reve- l' 538.18- Definitions. nue. r 538:19 Records required. History.-s. 2, Ch 8S-533; s. 1. ch 9O-t92; s. 6, ch 90-318 '¡ 'Not..-Repealed ettectlve October 1. 1999. by s. 1. ch. 90-192. and scheduled r~ 538.20 Inspection of regulated metals property. and lor review pursuant to s_ 11.61. ., records. 538.19 Records required.-[Repealed effective Ii, 538.21 Hold notice. 538.22 Exemptions. October 1,1999, by s. 1, ch. 90-192, and scheduled for ¡' 538.23 Violations and penalties. review pursuant to s. 11.61. J ¡I' 538.24 Stolen regulated metals property; petition for 538.20 Inspection of regulated metals property and Ii return. records.-[Repealed effective October 1, 1999, by s. 1, I! . 538.25 j¡ Registration. ch. 90-192, and scheduled for review pursuant to s. i 538.26 . Certain acts and practices prohibited. 11.61.] I; 1495 -- -- -. . \ ( Delray Beach Police Department l!1 ~ í ì / 300 West Atlantic Avenue · Delray Beach, Florida 33444·3666 _ . (407) 243-7888 Fax (407) 243-7816 , I "E"ORANDU" TO: Susan A. Ruby CA MAY 6" 1991 Assistant City Attorney FRO": Sergeant Thomas Tustin~ Investigative Section THRU: Richard M. Lincoln ~~ Interim Chief of Police DATE: May 3 , 1991 SUBJECT: DRAFT ORDINANCE - PAWNBROKERS. AND SECONDHAND DEALERS ================================================================= This is in response to your request concerning the reasoning behind the proposed ordinance dealing with pawnbrokers and second hand dealers. This proposed ordinance directly deals with the requirement of individuals to have their thumb print included on any transaction covered under proposed City Ordinance U8.S!. --'--- The requirement of the thumb print will aid police investigators in tracking down suspects who deal in stolen property. The use of fingerprints, leaves no room for error when identifying individuals. The present method of identification is the use of photographs which is not one hundred percent reliable. The use of fingerprints in court proceedings is judicially recQgnized and invaluable. Presently there are three cases set for trial that involve the use of fingerprints on pawn slips. Two of the cases are proceeding in Federal Court where the individuals, who' are convicted felons, pawned firearms. The principal part of t ,h e s e two cases are the fingerprint identification. The third case involves a robbery/homicide in which the suspect pawned a firearm that was suspected to have been used during the commission of' the crime. Again, the use of the fingerprint is a vU:al part of the case. ~ , - .~. AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY r~ . I SUBJECTs DRAFT ORDINANCE - PAWNBROKERS AND SECONDHAND DEALERS ¡ DATEs May 3, 1991 f PAGEs 2 ¡ At' this time the application of fingerprints on pawn slips is voluntary and leaves it up to the individual selling or pawning the merchandise. This present course of action could be detrimental in future cases that arise from pawned merchandise. We feel that this discretion should not be left in the hands of the individua.ls who deal -in pawned or secondhand merchandise. TT:rh cc: Chief Lincoln It:. Phillips -. '~ - . <o-ú-q I ~ . --.... . - 64 S.E. Slh ^_ . DeIr"'l8øch. R.. 33483 Telephone 278.0424 June 6, 1991 - - . Mayo.r and City Cotnnlission 100 N.W. 1st Avenue Delray Beach, Florida 33444 ~ear Mayor and Commissioners: We appreciate the opportunity to review the proposed "Pawnbrokers and Secondhand Dealers" ordinance which was discussed at your meeting last week. Th~ Board of Directors supports the spirit and concept of such an ordinance, however, ·there ·are a number of reser- vations concerning. the draft under consideration. It is felt that such an ordinance should be more specific, naming and defining those businesses it is directed to and not use the word secondhapd (secondhand could mean auto dealers sell- ing used cars, charity òperations as Bethesda Bargain Box and Goodwill, and a number of other businesses that handle used merchandise). If we can be of further assistance on this subject, please let me know. ~, \ Z~7.-L ~ ~7 ~7/)--- l{: G tl' en Rohan President 0- KR/bf i f;J - ACCAIEOITIEO - ~...c---.... ;.......... I....·..... ..... . ......... · , . MEMORANDUM ~k{ uiti TO: MAYOR AND CITY COMMISSIONERS (J11 uJ d"5SEn'¡"i~ ) CITY MANAGER ~ L (11 01.1- FROM: SUBJECT: AGENDA ITEM # JO'; - MEETING OF JULY 9, 1991 ORDINANCE NO. 47-91 DATE: July 3, 1991 This is a second reading of an Ordinance amending the Land Development Regulations to incorporate proposed changes to the Sign Code including: ( 1 ) allowing one non-illuminated free-standing real estate sign advertising "for sale, rent or lease", on each street adjacent to said property in commercial or industrial zones. ( 2 ) designating the Community Improvement Director, or appointed designee, in conjunction with the Department of Environmental Services as the individuals who will review and approve subdivision entrance signs placed in any public right-of-way. (3) allowing either free-standing or flat wall directory signs in commercial and industrial zones, and providing more specific language for the location of the major identification sign in such zones. ( 4 ) requiring payment of a refundable $250 deposit prior to placing temporary political sign within the City limits, and retention of the deposit if such signs remain more than 10 days after the election. ( 5) permitting Automated Teller Machine (ATM) signs which are physically attached to an ATM. (6) limitting to three the permitted types of flags (American, State, Municipal or another nation) that can be flown simultaneouslYi revising the reference for temporary banners, sidewalk and sandwich board signs used forspecial events. ( 7 ) allowing a flat wall or free-standing outdoor menu board sign for businesses which commonly use drive-thru windows and limiting such signs to a maximum of seven feet in height, and 24 square feet in area. ( 8 ) allowing murals within commercially zoned districts, with only that portion of the mural identifying the business or special service being included in the calculation of sign area. ( 9) specifying sign height and area limitations for signs placed 10 to 20 feet and 20 to 30 feet from the right-of-way. (10) adding procedures for designation and retention of nonconforming signs that have an historic or nostalgic appeal. These proposed changes have been presented to the Site Plan Review and Appearance Board and the Planning and Zoning Board. Their recommendations have been incorporated into the proposed ordinance. Recommend approval of Ordinance No. 47-91. , . ----,_. _._------' + -~._---- ~.._._..._.._- ----------.--- --- .__.~---_._-_._-+-_. ---~ -- ---'-- --~_._- -,----.-.------- --- -------- nRnINANCE NO. 47-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.7, "SIGNS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.6.7, "SIGNS", TO PROVIDE FOR ONE NON- ILLUMINATED FREESTANDING REAL ESTATE SIGN ADVERTISING "FOR SALE", "FOR RENT", OR "FOR LEASE", ON EACH STREET ADJACENT TO SAID PROPERTY IN COMMERCIAL OR INDUSTRIAL ZONING DISTRICTS; TO PROVIDE FOR APPOINTING THE COMMUNITY IMPROVEMENT DIRECTOR, OR APPOINTED DESIGNEE WHO WILL REVIEW AND APPROVE SUBDIVISION ENTRANCE SIGNS PLACED IN ANY PUBLIC RIGHT-OR WAY; PROVIDING FOR EITHER FREE STANDING OR FLAT WALL DIRECTORY SIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS, AND MORE SPECIFIC LOCATION OF THE MAJOR IDENTIFICATION SIGN IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS; TO PROVIDE FOR THE SUBMITTAL OF A REFUNDABLE $250.00 DEPOSIT TO THE CITY PRIOR TO PLACING ANY TEMPORARY POLITICAL SIGNS WITHIN THE CITY LIMITS, AND RETENTION OF THE DEPOSIT IF THE TEMPORARY POLITICAL SIGNS REMAIN MORE THAN 10 DAYS AFTER THE DATE OF THE ELECTION; PROVIDING FOR PERMITTING OF ATM SIGNS WHICH ARE PHYSICALLY CONNECTED TO AN AUTOMATED TELLER MACHINE; PROVIDING FOR A MAXIMUM OF THREE (3) UNIDENTICAL FLAGS TO BE FLOWN SIMULTANEOUSLY, AND LIMITING THE PERMITTED FLAG TYPES AND TO REVISE THE REFERENCE FOR TEMPORARY BANNERS AND SIDEWALK AND SANDWICH BOARD SIGNS USED IN CONJUNCTION WITH SPECIAL EVENTS; PROVIDING FOR A FLAT WALL OR FREE- STANDING OUTDOOR MENU BOARD SIGN FOR BUSINESSES WHICH COMMONLY USE DRIVE-THRU WINDOWS AS PART OF THEIR BUSINESS, SAID SIGN MAY NOT BE GREATER THAN SEVEN (7) FEET IN HEIGHT, NOR GREATER THAN TWENTY FOUR (24) SQUARE FEET IN SIZE, AND TO PROVIDE FOR THE PERMITTING OF MURALS WITHIN COMMERCIALLY ZONED DISTRICTS, WITH THAT PORTION OF THE MURAL IDENTIFYING THE BUSINESS OR SPECIAL SERVICE BEING INCLUDED IN THE CALCULATION OF THE SIGN AREA; PROVIDING FOR SIGN HEIGHT AND AREA LIMITATIONS FOR SIGNS PLACED BETWEEN 10'-20' AND 20'-30'FROM THE RIGHT-OF-WAY BY ADDING A NEW PARAGRAPH 4.6.7(H)(6), "NOSTALGIC NONCONFORMING SIGNS," TO PROVIDE A PROCEDURE FOR THE DESIGNATION AND RETENTION OF EXISTING NONCONFORMING SIGNS THAT HAVE AN HISTORIC OR NOSTALGIC APPEAL, AND CONSTITUTE EXPRESSION OF ART RATHER THAN SOLELY ADVERTISING; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(D), "Signs Requiring Permits", Sub-subsection 4.6.7(D)(3), "Special Purpose Signs and Signing", Paragraph 4.6.7(D)(3)(f), "Real Estate Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: . " ,~ . .--'--- ------ .---.,..----..-------- ...--..--- _.=~----- --. __..____________'_u --------..--- (f) Real Estate Signs: Real estate signs which would other- wise be exempt except that they exceed the maximum size for exempt signs, do not exceed 32 square feet, and are located in commercial or industrial zone districts. A permit may be granted to allow for the placement of one non-illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" along each street adjacent to the subject property within commercial or industrial zoned districts. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(D), "Signs Requiring Permits", Sub-sub-section 4.6.7(D)(3), "Special Purpose Signs and signing", Paragraph 4.6.7(D)(3)(h), "Sub- division Entrance Gate Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (h) Subdivision Entrance Gates Signs: (viii) All signs proposed to be located w~thin a right-of-way or median shall be reviewed and approved by the Be~eieþmea~ Ser~iees-Biree~er Community Improvement Director, or appointed designee. aaà-~hea--þiaeeà-berere--~he-ei~y--eemmissiea-rer--rermai eeasiàera~iea-e£-~fte-þreþeseà-ieea~iea; Section 3. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(E), "Sign Design Standards", Sub-sub-section 4.6.7(E)(7), "sign Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.6.7(E)(7) SIGN DEVELOPMENT STANDARDS MATRIX SIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS Type of Sign Location* (2) major facing ~fte each dedicated identification street frontage (4) directory on building face or free standing adjacent to building Section 4. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(B), "Exempt Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and Para- graphs (a), (b), (c), and (d) are re-lettered to Paragraphs (b), (c), (d), and (e), and a new Paragraph (a) is enacted to read as follows: (3) Temporary Political Signs: (a) Any candidate, individual, or organization desirinq to erect temporary political signs shall submit a refundable deposit of $250.00 to the City prior to erecting any temporary political signs within the city limits. The City has the right to retain the deposit if any political signs erected by the candidate, individual, or orqanization are still in place more than 10 days after the date of the election. Section 5. Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(B), "Exempt Signs", of the Land Development Regulations of the . 2 ORD. NO. 47-91 '. ,~ -------_._.._.---~--- ______u_. ________..-'____~ ~--------------- .~---- -- .-.---.-----',,--- Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (11) Automated Teller Machine (ATM) Panels: One panel which is physically constructed within and is an integral part of an ATM, and bears the name of the ATM system to which it belongs. Section 6. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(C), "Prohibited Signs", Sub-sub-sections 4.6.7(C)(2), "Sidewalk and Sandwich Board Signs", and 4.6.7(C)(5), "Banner Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) Sidewalk and Sandwich Board signs: Which are signs that are movable 8er and not secured or attached to the ground except when used in conjunction with Special Events as provided for in Section 4.6.7t1ttlt(D)(3)(1). (5) Banner signs and Flags: Being a sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric ofr any kind with only the material for a backing including any anImated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartment is open for inspection; or except the flying of no more than three (3) flags, of which one must be different from the other two, and such flags may only consist of the United States flag, a flag of another nation, a United States State's flag, or a municipal flag ~fte B8i~ed-S~a~es-£la~ï--~fte-£la~--e£-e8e--e~fter-8a~ie8ï--a8d-ei~fter--a s~a~e-£la~-er-mö8iei~al--£la~; or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7t1ttlt(D)(3)(1). Section 7. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(D), "Signs Requiring Permits", Sub-subsection 4.6.7(D)(3), "Special Purpose Signs and Signing", of the Land Development Regula- tions of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (0) Menu Board Signs: Signs used by businesses used to advertise prices of items in conjunction with service at a drive- thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven (7) feet in height, and is not greater than twenty four (24) square feet in size. (p) Murals and Signs within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts may be permitted by the Chief Building Official following approval by the Site Plan Review and Appearance Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural does include identification of the establish- ment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. Section 8. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(E), "Sign Design Standards", Sub-subsection 4.6.7(E)(3), "Location and Setback Requirements", Paragraph 4.6.7(E)(3)(b), "Allowed in Special Setbacks", of the Land Development Regulations of the Code of Ordinances . 3 ORD. NO. 47-91 ;1 ,~ . -~-----_.-----.-._----,--------_.._-_..._-------~-- ---'-~-'--~---'----- .....-- -------- ------- .------~._------_.,_._- ---------- ----~-----_._.- .. of the city of De1ray Beach, Florida, is hereby repealed, and a new Paragraph 4.6.7(E)(3)(b), "Allowed in Special Setbacks," is enacted to read as follows: (3 ) Location and Setback Requirements: (b) Allowed in Special Setbacks: When considered as part of a site plan approval, or modification to a site plan, a sign may be located within a special setback area provided that: (i) If the sign is to be located no less than 10 feet nor more than 20 feet from the right-of-way, the sign height shall not exceed 7', and the sign area shall not exceed 40 sq. ft. (ii) If the sign is to be located no less than 20 feet nor more than 30 feet from the right-of-way, the sign height shall not exceed 14' , and the sign area shall not exceed 96 sq. ft. Section 9. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section 4.6.7(H),"Removalof Nonconforming Signing", of the Land Development Regulations of the Code of Ordinances of the City of De1ray Beach, Florida, be, and the same is hereby amended to read as follows: (6) Nonconforming Nostalgic Signs: (a) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic Preservation Board is approved by the City Commission. (b) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." (c) In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preser- vation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development Regulations prior to making its recommendation. (d) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. Section 10. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction, to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 11. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 12. That this ordinance shall become effective within ten (10) days of its passage on second and final reading. . 4 ORD. NO. 47-91 iI ;~ . . -'_._--"~--'-'- --..-.-.-" -' ._--_.~-~_._--.-~-._~----._-_...-- ..-..- -.-.-.- _.~---- ------~.._..- PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading . 5 ORD. NO. 47-91 " .~ . . f~ ~-O MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtt?t1 SUBJECT: AGENDA ITEM # lO~ - MEETING OF JULY 9, 1991 ORDINANCE NO. 48-91 DATE: July 3, 1991 This is a second reading of an Ordinance amending the Code of Ordinances to provide for increased fees for voluntary commercial recycling servicesj and enacting a new section to establish a fee for multi-family recycling services for those units which do not receive curbside recycling services. The minimum charge for voluntary commercial recycling is $17 per month, for weekly pickup service of a 96 gallon container. The maximum charge is $539 per month, for six pickups during the week of eight ( 8 ) 96 gallon containers. The rates for multi-family units, which do not receive curbside recycling services, is $1.60 per unit, per month. The contractor will bill for these services. Recommend approval of Ordinance No. 48-91. . --"._-------- - ----- ..... _.-- . .. ...-----.--....-.- --"--',.,.---".- -----.--- ___________..___'._n_______'_ ________ 'JRDINANCE NO. 48-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 41-90 WHICH AMENDED TITLE V, "PUBLIC WORKS", CHAPTER 51, GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES" , SECTION 51. 70, "REGULAR CHARGES LEVIED", BY REPEALING SUBSECTION (D) "COMMERCIAL RATES FOR RECYCLING" AND ENACTING A NEW SUBSECTION (D), "COMMERCIAL RATES FOR RECYCLING", TO PROVIDE FOR INCREASED FEES FOR VOLUNTARY COMMERCIAL RECYCLING SERVICE; AND BY ENACTING A NEW SUBSECTION (E) , "MULTI-FAMILY RATES FOR RECYCLING", TO PROVIDE FOR FEES FOR MULTI-FAMILY RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title v, "Public Works", Chapter 51, "Garbage and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied" of the Code of Ordinances of the City of Delray Beach, Florida and Ordinance 41-90, be, and the same are hereby amended by repealing subsection (D), "Commercial Rates for Recycling" and enacting a new subsection (D), "Commercial Rates for Recycling" and by enacting a new subsection (E), "Multi-family Rates for Recycling", to read as follows: Section 51-70. Regular Charges Levied (D) Commercial Rates for Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 $ 17 2 1 41 3 1 54 4 1 74 6 1 98 8 1 123 96 gal 2 26 2 2 62 3 2 81 4 2 115 6 2 161 8 2 206 96 gal 3 34 2 3 82 3 3 107 4 3 157 6 3 233 8 3 290 96 gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal 5 52 2 :; 124 3 5 160 4 5 240 6 5 348 8 ') 456 . --_."._--~-- -.--------. - u_____·__ .._~..._.___..,..__ ..-----. -. .-._-- -_.._---~_._._- ~.._._----.~._- -~----_..__. _...._- .. -.._,,'''' "-- -,------ - -~_._----- ----.- 96 gal 6 61 2 6 145 3 6 186 4 6 282 6 6 410 8 6 539 tE) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assesséd a monthly charge of $1.60 per unit which shall be billed by the Contractor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immedi- ately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1990. PASSED AND ADOPTED in regular session on second and final reading on this the day of . 1991. MAYOR ATTEST: City Clerk First Reading June 25, 1991 Second Reading . 2 ORD NO. 48-91 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~\ SUBJECT: AGENDA ITEM # fA. ø - MEETING OF JUNE 25, 1991 ORDINANCE NO. 48-91 DATE: June 2 1 , 1991 This is a first reading of an Ordinance amending the Code of Ordinances to provide for increased fees for voluntary commercial recycling services¡ and enacting a new section to establish a fee for multi-family recycling services for those units which do not receive curbside recycling services. The minimum charge for voluntary commercial recycling is $17 per month, for weekly pickup service of a 96 gallon container. -The maximum charge is $539 per month, for six pickups during the week of eight (8) 96 gallon containers. The rates for multi-family units, which do not receive curbside recycling services, is $1.60 per unit, per month. The contractor will bill for both of these services. Recommend approval of Ordinance No. 48-91 on first reading. PH !)110 5 1/Cf " ,~ ·JRDINANCE NO. 48-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 41-90 WHICH AMENDED TITLE V, "PUBLIC WORKS", CHAPTER 51, GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", BY REPEALING SUBSECTION (0) "COMMERCIAL RATES FOR RECYCLING" AND ENACTING A NEW SUBSECTION (D) , "COMMERCIAL RATES FOR RECYCLING", TO PROVIDE FOR INCREASED FEES FOR VOLUNTARY COMMERCIAL RECYCLING SERVICE; AND BY ENACTING A NEW SUBSECTION (E) , "MU.LTI-FAMILY RATES FOR RECYCLING", TO PROVIDE FOR FEES FOR MULTI-FAMILY RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 7:1E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title v, "Public Works", Chapter 51, "Garbage and Trash", "Rates and Charges", Section 51.70, "Regular Charges Le'lied" of the Code of Ordinances of the City of Delray Beach, Florida a:ld Ordinance 41-90, be, and the same are hereby amended by repealing subsection (D), "Commercial Rates for Recycling" and enacting a ncw subsection (0), "Commercial Rates for Recycling" and by enacting a :lCW subsection (E), "Multi-family Rates for Recycling", to read as follows: Section 51-70. Regular Charges Levied (D) Commercial Rates for Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 $ 17 2 1 41 3 1 54 4 1 74 6 1 98 8 1 123 96 gal 2 26 2 2 62 3 2 81 4 2 115 6 2 161 8 2 206 '16 gal 3 34 2 3 82 3 3 107 4 3 157 6 3 233 8 3 290 % gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal S 52 2 :5 124 3 5 160 4 5 240 6 5 348 8 ') 456 . . - 96 gal 6 61 2 6 145 3 6 186 4 6 282 6 6 410 a 6 539 (E) MUlti-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $1.60 per unit which shall be billed by the Contractor. Section 2. That all ordinances or parts of ordinances ·..,hich are in conflict herewith are hereby repealed. Section 3. . That should any section or provision of :his ordinance or any porti.on thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immedi- ately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1990. PASSED AND ADOPTED in regular session on second and final reading on this the day of 1991. M A '{ 0 R ATTEST: City Clerk First Reading Second Reading 2 ORD NO. 48-91 , ~/O MEMORANDUM p~ if" p~ 0::3 ¡qq/ pP ~~ I TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERø1 SUBJECT: AGENDA ITEM # 1;;2.. ^ - MEETING OF JULY 9, 1991 ORDINANCE NO. 50-91 DATE; July 3, 1991 This is a first reading of an Ordinance amending the Code of Ordinances to provide for a County Court Citation Fine Class Schedule. At your May 28th meeting the Commission approved the administrative procedures and the proposed fine schedule for the City's participation in the County Court Citations (Notice to Appear) Program for specific code enforcment violations. This ordinance provides for the actual levying of fines under the County Court Citation process. The fine schedule is explained in detail in the attached backup material. Briefly, fines will range from $50 for a Class I fine to $250 for a Class IV fine. Recommend approval of Ordinance No. 50-91 on first reading. · [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483 407/243-7090. TELECOPIER 407/278-4755 Hm~ORANDUM DATE: June 28, 1991 '1'0: Ci ty Corrunission FROM: David N. Tolces, Assistant City Attorney SUBJECT: County Court Citations/NTA/Code Enforcement Administ.rati ve Procedures rrhis proposed ordinance amends that portion of the code pertaining to county court citations to allow for a fine schedule to be implemented. Previously, at your May 28, 1991 meeting, the Commission approved the administrative procedures and this fine schedule. 'l'his ordinance will allow for the actual implementation of the county court citation process for violations of the City's code. - . DNT: sh Attachment cc: David Harden, City Manager ~-.. .....-----. . ._-~--'_..-.'" --_.__.__._-._.~'-. ~ - _._.,~ --.. .--- ~._-_._._-_._.- --- -----.-..----- -.---. -----~. ._--- ORDINANCE NO. 50-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINI- STRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT" , SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 37.45(G) AND ENACTING A NEW SUBSECTION 37.45(G) TO PROVIDE FOR COUNTY COURT CITATION FINE CLASS SCHEDULE; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental code Enforcement Procedures", Subsection 37.45(G) of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and a new Subsection 37.45(G) is enacted to read as follows: (G) The classes and schedule of fines shall be as follows: ( 1) Class I - $50.00 fine shall be assessed for (a) all violations not specifically enumerated in other fine classes, and (b) violations of Chapter 91, "Animals", excluding sea turtle provisions. ( 2) Class II - $75.00 fine shall be assessed for (a) repeat violations of Class I violations, (b) violations of the Land Development Regulations of the City of Delray Beach, (c) violations of Chapter 90, "Abandoned Property", (d) violations of Chapter 98, "Litter", (e) violations of Chapter 99, "Noise", (f) violations of Chapter 131, "Offenses Against Property". (3 ) Class III - $125.00 fine shall be assessed for (a) repeat violations of Class II violations, (b) violations of Chapter 91 regarding sea turtles, (c) violations of Chapter 96, "Fire Prevention and Fireworks", (d) violations of Chapter 97, "Health and Safety", and (e) violations of Chapter 101, "Parks, Beaches, Recreation". ( 4) Class IV - $250.00 fine shall be assessed for ( a) repeat violations of Class III violations, (b) violations of Section 51. 02, "Dumping on Property Owned by Others Prohibited", (c) violations of Section 51. 20, "Industrial and Hazardous Waste Disposal", (d) violations of Section 51. 57 , "Contagious Disease Refuse and Hypodermic Needles", (e) violations of Section 51. 59, "Offensive Deposits; Burying and Depositinq in Waterways", and I . . -- - ----..--------- ". ~-- .,-~ ( f) violations of Chapter 54, "Sewers Pertaining to Discharges into Sanitary Sewer System". Section 2. That should any section or provision of this ordinance or any por,-ion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading . 2 ORD. NO. 50-91 ""