12-10-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 10, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: 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
hisjher 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 become boisterous while addressing the Commission shall be barred
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, City Commission Meeting
12/10/91
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.
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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.
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AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
S. Approval of Regular Meeting minutes of None.
6. Proclamations: None.
7. Presentations:
A. Sea Turtles.
8. Consent Agenda: City Manager recommends approval.
A. TEMPORARY TENT PERMIT: Approve a request from Delray Mazda
to erect a tent at 2001 S. Federal Highway from January 3, 1992
through January 5, 1992.
B. RATIFICATION OF STOCK TRANSFER/FLAMINGO CABANAS , INC. :
Ratify the transfer of stock by Flamingo Cabanas, Inc.
C. TEMPORARY CANOPY PERMIT/USE OF MUNICIPAL PARKING LOT:
Approve a request from Howard Alan to erect canopies in the
parking lots adjacent to Atlantic Plaza and Veteran's Park from
January 11, 1992 through January 12, 1992 in conjunction with
the annual Downtown Delray Beach Festival of the Arts.
D. CHANGE ORDER NO. 1/MAN CON, INC: Approve Change Order No. 1
to the contract to Man Con, Inc. which reduces the contract
price by $72,912.46 to accommodate adjustments for site
conditions and as-built quantities.
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City Commission Meeting
12/10/91
E. AWARD OF BIDS AND CONTRACTS:
1. Uniform Rental - Cadillac Uniform Supply in the
estimated annual amount of $19,800 with funding from
various departmental budgets.
9 . Regular Agenda:
r=Z! REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
'-loARDS, 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 November
27, 1991 through December 9, 1991.
~ REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request
~om Jay D. Tormey for conditional use approval to locate a
family recreational business (Whirly Ball) in the Congress
Square Shopping Center.
12:. REQUEST FOR SPECIAL EVENT PERMIT: Consider a request from
~randy' s Cafe for a special event permit and to place tables
and chairs wi thin the City's right-of-way along Canal Street
from December 13, 1991 through December 14, 1991 during the Boat
and Street parades. City Manager recommends approval subject to
conditions.
Æ0 BANKER'S ROW REDEVELOPMENT AGREEMENT: Consider a tri-partite
~reement with regard to the redevelopment of Banker's Row.
City Manager recommends approval.
~ REQUEST FOR FUNDING/EDUCATION BOARD: Consider a request from
~e Education Board for funding in the amount of $2,000 in
support of the Annual Education Expo to be held in the Delray
Mall during the Spring of 1992. City Manager recommends
approval.
M ADDENDUM NO. 3 TO THE GOLF COURSE MANAGEMENT CONTRACT:
LÄþ"prove Addendum No. 3 to the Golf Course Management contract
which provides for the payment of a performance bonus to Dubin
and Associates and approve the bonus amount of $2,500.
City Manager recommends approval.
~ WATER AND SEWER IMPROVEMENT/FORMER ENCLAVES: Approve the
l;¿ard of bid for water and sewer improvements in former enclave
areas located- on Germantown Road, Lake Ida Road and North
Federal Highway to Man-Con, Inc. (Lake Ida Road and Germantown
Road) in the amount of $1,564,306.20 and Gateway Construction
(North Federal Highway) in the amount of $1,238,905; and,
approve a budget transfer in the amount of $328,476.20.
~~ SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING: Approve
~rvice Authorization No.3, in the amount of $16,411.10, to the
contract with Eckler Engineering to design a new pump station
and reroute the gravity collection system from Lift Station #86
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City Commission Meeting
12/10/91
to a new site which will accommodate the new middle school
proposed for the northeast corner of the intersection of
Atlantic Avenue and Barwick Road. City Manager recommends
approval.
~ SERVICE AUTHORIZATION NO. 7/HAZEN AND SAWYER: Approve
rvice Authorization No. 7, in the amount of $93,000 for
design, bidding services, construction services and other
services necessary to design water distribution and sani tary 1
sewer systems in former enclave areas (Gulf Stream~~~;: .
Seacrest Subd~vision, Sudan - Unit A, Si~ver Terrace Homewoo~~
Park, Lake Helghts, and Del Raton Park. Clty Manager re
approval.
é]¿ AWARD OF BID/TENNIS COURT LIGHTING, Award the bid for the
ennis Court Lighting project to American Lighting Maintenance
(not low bidder) in the amount of $67,679 with funding from 1987
Utility Tax/Tennis Center Capital Outlay Improvements-Other
(Account No. 333-4145-572-60.69). City Manager recommends
approval. City Manager recommends approval.
~/PALM BEACH COUNTYWIDE PLANNING COUNCIL:
~ Consider Resolution No. 99-91: A Resolution
olishing the Palm Beach Countywide Planning Council; or,
2. Consider Resolution No. 100-91: A Resolution calling
for the Palm Beach County Board of County Commissioners to
pursue a program for a countywide planning program, but
only after due deliberation with other affected entitites,
including municipal interests; or,
3. Consider Resolution No. 101-91: A Resolution supporting
the continuance of the current Palm Beach Countywide
Planning Council.
~ OFFER OF JUDGMENT: Consider an offer of judgment in the
unt of $85,000 to settle Procacci Development Corporation v.
City of Delray Beach.
M. RESOLUTION NO. 102-91: A Resolution extending the sunset
date and expanding the membership and scope of responsibility of
the Neighborhoods Task Team.
N. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three
regular members to the Code Enforcement Board to fill the
expiring terms of Joel Port (Engineer position) , Susan Gracy
(Architect position) and Perry DonFrancisco (Businessperson
posi tion) .
O. CHANGE ORDER NO. l/ARZ BUILDERS, INC: Consider Change Order
No. 1 to the contract with ARZ Builders, Inc. in the amount of
$80,685 to construct a positive drainage system for Pineapple
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City Commission Meeting
12/10/91
Grove Way and extend the contract completion date by. 45 days to
accommodate the additional work.
10. Public Hearings:
A. APPROVAL OF AGREEMENT/TRANSFER OF TITLE CITY-OWNED
PROPERTY: Approve the agreement with, and the transfer of title
for a City-owned lot to Habitat for Humanity for the development
of low to moderate income single-family residences. City
Manager recommends approval.
B. ORDINANCE NO. 87-91: An ordinance amending the Land
Development Regulation to provide parking restrictions for
trucks in the R-1A (Single Family residential) zone district.
City Manager recommends continuance.
C. ORDINANCE NO. 88-91: An ordinance rezoning Lots 23-28, Block
5, Southridge Subdivision from R-1A (Single Family Residential)
to RM (Medium Density Residential) zone district. Planning and
Zoning Board recommends approval (3-2 vote) subject to
conditions. City Manager recommends continuance.
D. ORDINANCE NO. 89-91: An ordinance rezoning property located
on the southeast corner of Linton Boulevard and S.W. 4th Avenue
(D.B.O. Acres Plat) from PC (Planned Commercial) zone district
to GC (General Commercial) and AC (Automotive Commercial) zone
districts, in part. Planning and Zoning Board recommends
approval subject to conditions.
I. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a
request for conditional use approval to establi sh a
specialized service shop (Tire Kingdom store) on the
southwest corner of the F.E.C. Railroad and Linton
Boulevard (D.B.O. Acres plat).
II. Comments and Inquiries on Non-Agenda Items for the Public -
Immediately following Public Hearings:
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings: None.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Manager
C. City Attorney
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CITY COMMISSION DOCUMENTATION
TO: David Harden, City Manager
tit (tJ,Jt/
FROM: John Walker, Project Coordinator ~~
DATE: December 3, 1991
SUBJECT: SUMMARY OF 1991 SEA TURTLE CONSERVATION PROGRAM
Meeting of December 10, 1991
ACTION REQUESTED OF THE COMMISSION:
No action is requested of the Commission. This is a short
overview of the results of the 1991 Sea Turtle Conservation
Program.
BACKGROUND:
Monitoring of marine turtle nesting and hatching activity took
place from April 20th through the end of September this year. A
record 253 turtles nested in Delray Beach with a high degree of
hatching success. No reports were received of hatchling
disorientations or loses. Such a publicly quiet season belies
the hard work going on, so a summary of activities is
appropriate. This presentation will address:
- Threats to marine turtles
- City response to these threats
- Project methodology
- Results of the season
RECOMMENDED ACTION:
No action is necessary by the Commission.
JW/lh
c: David Kovacs
JW/#S/TURTLE1.TXT Ylc4 ~-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 10, 1991
REQUEST FOR TEMPORARY TENT PERMIT
DATE: December 6, 1991
We have received a request for a temporary tent permit from Delray
Mazda to erect a tent on their property at 2001 S. Federal Highway
from January 3, 1992 through January 5, 1992.
Delray Mazda, in conjunction with WKGR-FM Radio, would like to hold a
"Hand-a-thon" promotion, wherein pre-selected people place their
hands on a new car until only one person is left with their hand on
the automobile, which they win. This activity will be held under the
tent. Food will also be served. The necessary permits have been
applied for and approved.
Delray Mazda is also requesting permission to use a 2S-foot cold-air
inflatable sign to advertise the event. This action is prohibited
under LDR Section 4.6.7 (D) .
Recommend approval of the request from Delray Mazda to erect a tent
on their property at 2001 S. Federal Highway from January 3, 1992
through January 5, 1992; and, denial of the request to erect a
2S-foot cold-air inflatable sign.
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, Agenda I tern No.:
AGENDA REQUEST
Date: 12/3/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/10/91
Description of abenda item (who, what, where, how much):
Tent approval for elray Mpzda for Hand-A-Thon promotion
2001 S Federal Highway
January 3-5, 1992
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~ ~ ~'::-
Determination of Consistency with compreb~sive 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: ég,/ NO tívÎ
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ø
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ..
RE: TENT APPROVAL REQUEST FROM DELRAY MAZDA FOR
JANUARY ~ = 5, 1992 - -
DATE: DECEMBER 3, 1991
ITEM BEFORE THE COMMISSION:
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Request from Delray Mazda to erect a tent at 2001 S. Federal
Highway for promotional purposes from January 3-5, 1992.
BACKGROUND:
Delray Mazda, in conjunction with radio station WKGR-FM, would
like to hold a "Hand-a-thon" promotion, wherein pre-selected
people place their hands on a new car (1992 Mazda MX-3) until
only one person is left with their hand on the automobile, which
they win. This activity will be held under the tent and food
will also be served.
Delray Mazda is also requesting approval of a 2S-foot cold-air,
inflatable sign which is considered a balloon and is prohibited
under Section 4.6.7(D) of the approved LDR's.
LDR Section 2.4.6 (H) provides for City Commission approval to
erect a tent prior to a permit being issued by the Building
Official. The erection of this tent is permitted since the
purpose is to protect the public from the elements during public
assembly according to Section 2.4.6 (3) (a). The necessary
permits have been applied for and approved.
RECOMMENDATION:
The Department of Community Improvement recommends approval of
the erection of the temporary tent, and denial of the request for
a 2S-foot, cold-air inflatable sign for Delray Mazda from January
3rd through the 5th, 1992 at 2001 S. Federal Highway, as
specified on the site plan for promotional purposes.
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C¡ly 1991
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November 27, 1991 . &tR'S'
~ OFFtC[
Mr. David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
This letter is submitted on behalf of our client, Delray Mazda, located at
2001 South Federal Highway in Delray Beach.
Delray Mazda would like to hold a sales promotion on January 3-5, 1992.
We ask to be scheduled on the next City Commission agenda to obtain
permission for the event.
The promotion, in conjunction with radio station WKGR-FM, is known as a
"Hand-a-thon", wherein pre-selected people place their hands on a new car
until only one person is left with their hand on the automobile. This
person wins the car (a 1992 Mazda MX-3). Complete contest rules will be
available at the radio station.
The Hand-a-thon will be held in a tent on Delray Mazda's property (site
plan attached). The following details are supplied in accordance with tent
permit requirements:
-30 x 30 tent made of fireproof vinyl materials
-One 110 outlet, and one string of 6 lights (25 watts)
-4 Port-o-Iet sanitary facilities
-25 foot cold-air inflatable sign
-Food will be provided (type not yet determined)
-Radio remote broadcast from site
-100 people estimated to attend
-Parking provided on site
(Cont.)
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Page Two
Mr. David Harden
November 27, 1991
Please call if you require any further information. Thank you for your
prompt consideration of this request.
Sincerely,
;¡Ww¡~
Lorry Harrison
Account Executive
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Attachment
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER L'tv
SUBJECT: AGENDA ITEM #-. - MEETING OF DECEMBER 10, 1991
RATIFICATION OF STOCK TRANSFER/FLAMINGO CABANAS, INC.
DATE: December 6, 1991
We have received notification from the attorney representing Flamingo
Cabanas, Inc. that there will be a transfer of that company's stock.
The City's agreement with Flamingo Cabanas, Inc. does not include a
provision wherein the transfer of stock in the corporation requires
City consent. However, it was deemed to be in the best interest of
all parties concerned, to have Commission consent prior to such
transfer.
The owner's representative has been asked to provide the Commission
with additional background as to who the proposed new investor is.
That information will be provided prior to your Tuesday evening
meeting.
Recommend ratification of the transfer of stock for Flamingo Cabanas,
Inc.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSII\IlLE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMOR.Þ.NDUM
Date: November 27, 19-91
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Flamingo Cabanas, Inc.
Attached please find a copy of a letter from Mark Krall to
¡ myself concerning the fact that the Flamingo Cabanas, Inc.
, stock will be transferred. The agreement with Flamingo
Cabanas, Inc. to rent cabanas on the beach does not include a
provision that exists in some of our other agreements wherein
the transfer of stock in a corporation requires the City's
consent. Nonetheless, Mr. Krall, on behalf of his clients,
felt it was in everyone's best interest to explain the transfer
of stock to the City Commission and see if there was any
obj ectiÒÌt--by the Commission to such transfer. I am therefore
requesting that this matter be placed on· ,the-:¡December 10, 1991
City Commission consent agenda for Commission's concurrence in
the transfer of stock.
By copy of this memorandum to Mark Krall, I am requesting that
he provide the City with a brief additional background as to
who the proposed new investor in the business is so that the
Commission will have that information before them prior to the
December 10, 1991 meeting.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh ~(§11
Attachment
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
flamingo.txt
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LAW OFFICES
LISTICK Be KRALL. P.A.
818 E. ATLANTIC AVENUE
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I DELRAY BEACH. FLORIDA 33483
14071 278-7424
MICHAEL .... I..ISTICK 428'0343 (BIOOWAIODI
MARK L. KRALL 81111-71137 (PALM BO:"CHI
278'&11011 <TO:Lo:co"'O:IOI
0,. COUNSE&..
M'CHAI:L 5. STIEINIEIII
November 21, 1991
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Jeffrey S. Kurtz, Esq.
city Attorney
200 N. W. First Avenue
Delray BeaGh, Florida 33444
Re: Flamingo Cabanas, Inc.
Dear Jeff:
This letter will confirm our telephone conversation of last week
wherein we discussed the sale of a portion of the stock in Flamingo
Cabanas, Inc. which is the licensee in the rental lease agreement
pertaining to the lease of cabana equipment on the beach.
As previously explained to you, Flamingo Cabanas, Inc. was
previously owned by Carlos and Kim Sierra, each of whom owned 50%
of the stock in the corporation. Carlos and Kim were recently
divorced in-Broward County, Florida, and they subsequently decided
that it would be in the best interests of the business if one of
them were~ìo sellout his or her interest. since each of them was
unable to buy the other out, Kim~was able to find an investor who
was willing to pay a fair market value for Kim's 50% interest in
the corporation.
As previously discussed the original contract between the City and
Flamingo Cabanas, Inc. provides for the following under
"Miscellaneous Provisions":
"The successful vendor may not subcontract, transfer or
assign any portion of the contract· except wi th the
express approval of the City Commission of the city of
Delray Beach."
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Jeffrey S. Kurtz, Esq. .
November 21, 1991
Page 2
Due to the language referenced above, we both more or less reached
the conclusion that although Flamingo Cabanas, Inc. could clearly
not transfer or assign the license agreement, they could conduct
internal stock transactions within Flamingo Cabanas, Inc. without
the approval of the City. .- .".1:"-- _
Notwithstanding the conclusion-referenced above, I thought it would
be in the best interests· of all concerned if wawerc .to, as a
courtesy, advise the City of the transaction referenced above so
that there would be no misunderstanding or confusion in the future
should this transaction ever come to anyone's attention for
whatever reason. It is my understanding that Flamingo Cabanas,
Inc. will continue to operate "business as usual" and that there
will be no change in the prompt and courteous service that Flamingo
Cabanas, Inc. has provided in the past to both the City and
beachgoers who utilize the cabana equipment on the beach.
In the event you feel it would be appropriate to place this item
on the consent agenda for the next City commission meeting so as
to accomplish formal notice to the City, please be advised that I
would have no objection to the same and that I would be available
to answer any questions if the need were to arise. As always, your
assistanc;-ànd cooperation is greatly appreciated.
Very truly yours,
KRALL
MLK: cl
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'7"/)
SUBJECT: AGENDA ITEM # gc.. - MEETING OF DECEMBER 10, 1991
TEMPORARY CANOPY PERMIT/USE OF MUNICIPAL PARKING LOT
DATE: December 6, 1991
We have received a request from Howard Alan to erect temporary
canopies in the parking lots adjacent to Atlantic Plaza and
Veteran's Park from January 11, 1992 through January 12, 1992 in
conjunction with the annual Downtown Delray Festival of the Arts.
The Downtown Delray Festival of the Arts is a two day, open air
event. Festival goers will enjoy the work of over 150 of the
nation's finest artists and contemporary craftspeople, as well as,
food being provided by the local restaurants and cafes located in
Atlantic Plaza. The Commission has previously approved events of
this nature.
The canopies will be erected in the parking lots at Atlantic Plaza
and Veteran's Park. The organizers have provided with City with the
required liability insurance.
Recommend approval of the request from Howard Alan to erect
temporary canopies in the Municipal Parking lot adjacent to Atlantic
Plaza and Veteran's Park from January 11, 1992 through January 12,
1992 in conjunction with the Downtown Delray Festival of the Arts.
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. Agenda Item No.:
AGENDA REQUEST
Date: 12/5/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/10/91
Description of agenda item (who. what, where, how much):
3rd Annual Downtown Delray Festival of the Arts
January 11-12. 1992
Erection of temDorary canoDies
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~~~--------
I --
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: c!§) NO rÎ~ }
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: FESTIVAL OF THE ARTS
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DATE: DECEMBER 6, 1991
ITEM BEFORE THE COMMISSION:
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Request Commission approval for the 3rd Annual Downtown Delray
Festival of the Arts to be held at Atlantic Plaza from Saturday,
January llth through Sunday, January 12, 1992. The festival will
utilize the City's municipal parking lot at Veteran's Park and
the erection of temporary canopies.
BACKGROUND:
Commission approval is required for this special event pursuant
to Section 2.4.6 (H) of the Land Development Regulations to allow
the erection of the temporary canopies, which will be installed
in the parking lots at Atlantic Plaza and Veteran's Park. The
Commission has approved this event for the past two years. The
organizers of this event have provided the City with a $1 million
liability insurance policy.
RECOMMENDATION:
The Department of Community Improvement recommends that the City
Commission grant permission to erect temporary canopies beginning
January 11th through January 12, 1992 for the 3rd Annual Downtown
Delray Festival of the Arts.
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Qøcember 5, 1991
Mr. Hardin
City Manager J
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Hardin:
On be~al~ of Mr. Sandy Simon and the Atlantic Plaza Merchants
Assoclatl0n, we are proud to b~ producing the 3rd Annual
Downtown Delray Festival of th~ Arts.
The 3rd Annual Downtown Delray 'Festival of the Arts is
scheduled for Saturday, January 11 through Sunday, January
12, 1992. The event runs daily. from 10 am to 5 pm and is
free to the public. :
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This two day open air festival will be held at Atlantic
Plaza, the canopies will be Iodated within the parking lot,
which includes ·the municipal lot along the eastern most side
of Atlantic Plaza.
The two restaurants located in Atlantic Plaza will be serving \
food from their restaurants. ~
. Festival goers will enjoy the wprk of over 150 of the
nation's finest artists and contemporary craftspeople, as
well as, food being provided by the local restaurants and
cafes.
We will be using Atlantic Plaza's permanent signage at the
Northeast corner of Atlantic Plaza on Atlantic Avenue.
Also included, is a one million dollar liability policy with
the City of Delray Beach as the Certificate Holder and also
as the additional insured.
305·472·3755 · FAX: 305·472·3891
1801 N. Pine Island Roaµ · Suite #101 · Plantation, FL 33322
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city of Delray
After three years of producing the Downtown Delray Festival
of the Arts, we feel that the event has the potential to grow
bigger and stronger as it matures, drawing more and more
people to the Downtown De1ray area.
Thank you for your assistance in insuring the success of this
great cultural and community event.
If you should have any further questions regarding the above
mentioned, please feel free to contact me at (305) 472-3755.
,
Promotions, Inc.
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- -.- - -.-----------------------------
--..---------------------------------------
· : ISSL~ DATE (MM/DD/~{) :
... r,
.. . I . ." : __ ;
: C E R T I F I CAT E 0 FIN SUR A N C E : :: 11/26/91 :
:==============================================;======================:
: PROOIX:ER :THIS CERTIFICATE IS ISSUED AS A HATTER Å’' INFORHATICN CNLY AND CCJ'JFERS:
: :NO RIGHTS UPON TI£ CERTIFICATE H:lLDER. THIS CERTIFICATI:: DOES NOT :
: SE1Nat BYER BOGOAt.[FF, INC. :Al-ENO, E)(1'E!Ð at AL TI::R TI-£ COVERAGE AFFÅ“OED B't TI-£ POLICIES SELGI :
: 1137 SOlIrH UNIW.RSITY DRIVE :---_________________________________:
: PLANTATION, FL 3332'+ : COI'PANIES AFFORDI~ COVERÁGE :
, .
, .-----------------------------------,
: (:3~) '..N.....U.. :etl1PAN\' SCOTTSDALE INSLflANCE COMPAN',' ;
· ILETTER A :
: :-----------------------------------------:
:-----------------------....--------.---- :CCll'tPÞ.t'4y ~
: INSURED : LETTER B :
; :--------------------------------------:
: H!I\>!t\Y'd Alan PY'OIIIot,ions Inc. :CctlPAN'1 1
.., 1S01 N. Pine I!ôland Road ILETTER C :
I Suite 1"1 :-__________________________________:
: Plantation, F1.. 33322 ICctlPANY :
.: : LETTER 0 :
'. t :--- -------------------1
: :C01PAÞrI :
: fLETTER E . ¡
:= CO\IERIIGE =--==--==--======================================:
: 'THIS IS TO CERTIFY THAT TI-£ POUe!£S OF INSl,RANCE USTED 88..GI HAW: BEEN ISSUED TO 11£ INStJlED No\MED ABOVE Fæ THE POLICY PERIOD :
: INDICATED, NOTWITHSTANDING Å~' RE~IREt£NT, TERM OR CC4IIDITION OF f-N'( C~TACT OR OTHER DOCUl'ENT WITH RESPECT TO WHICH THIS I
: . Å’RTIFICAlE MAY BE ISSUED OR I'IA',' PERTAIN, 1'}£ INSURANCE AFFORDED BY 11£ PCLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. :
ÎEX,fL.iJ$IONS ÄND .OONDITIQNS 9F SLCH PCLI~IES. LIMIn)SHQoN.HA~' HAVE !lEEJ:(REOUCED BY PAID CLAIHS. :
~-------------_..._---------- .......:
ICD ; TYPE OF INSUlANCE I : POLIC'I NJI'SER ¡PILICY EFF. :PILIC'( EXP.: LIMITS :
IL TR : \ I : DATE : DATE : . :
: --T~U¡miTv---: ----------¡-------ïSOOIL ÿINJüRŸõëc. --:-1---;----- I
: A It JC0"P...ehef'lsive Fo...m : 31fS7S'S ê1/2't/91 · 02/2't/92 (~OOILy..-!~¡jRy A~fu===-'Cs ======-==:
: : [}IJPrelllise~/~e...at.i on!;, : :_Ef!.9!:'.€8TY.l!~~€!E_OCË!__'_1_~______:
: 1 ( JUnde...grOUnd Expl osi on & : 1-!!!f!PEBTY.l!l!HA~_~!h___1_~______:
I : Co lapse J.àzurd I U~L!...fº-£Q!:!BI/IE!L.QÅ“.!.__1_~_~~~_:
: : [·]Products/Comp. Opet"\1tions I U~LU!LQ?MIII~!L~GG:.__L!-___~~~!1~_1
: : ( JCont....acWa: :-!ê!§9!'I.&..!~JU!!Y_~!h__-1_!..______.__1
: : C J¡ndependent. Contracto...s : . 1_____________..1________1
: I ( JBroad FDI"II Property OQlIIQge : I :____.___________1_________:
: It ]Personal InjUl'"Y: I I: I I
, + --+-- -- I c I -+-----------t------I
;- ::~~~~;;::;~TY : :: BODILY INJURY I S I
: : : :: (Pel" pl!l'"son) I I
: : [ ]Any Auto: : 1-------------+--- ~
: : t lAI I tMned Autos(Priv. Pass.): :: BOOILY INJURY : S :
r : t Ú. I I tMned Autos(Ot.her t.hM : :: (Pel" Dce ident.): :
: t Priv. Pass.>: : :---------------+---------:
I ( JHlred Aut.os: I I PROPERTY IIAl'iAGE : S :
I : t 1Non-tMned "utos: : :
: £ JGarage Lillbllity: : :-------+------:
: : t ] : : I BOOILY INJURY & : S :
: I ; PROPERTY oAI'IAGE___ : _ _ 1_-,
--. '~::..:~.,-..."~ .-..., .--- - ._..----:-~-- -~-.'-"-- -.:¡.::--=-~~==:::¡..~~~-=----...:-------:
: I EXCESS-LIABILITY: I I :_~Q£Q,!L~_--1_~_____:
I ( JUllbrellQ For,. 1 I I :_Mi!:'!R£!!~TL______...L~_______1
I I [ JOt.her Thc1n UaQre Ila FO""I I I I: :, I
: + I ---t---- I I ------t -
: I IoKJRKER IS CCI'IPENSATION I I: 1_..L!!~ºBY...!:!!:!!.!!__1________
: AMI: I :-!~!:Lð££.mg!!r______1~!..._____1
: .: EI'I'L.O't'ERS' LIABILITY I I U~~~~!..=-f!!:!£U!!:!II.._1_!...________ 1
: I I I I I DISEASE - EACH EI'PI-O'Ia¡: ; , :
---t I +--- - . ---I
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,------------- - ------------------.
; DESCRIPTION OF t1'ERAnONS/LOCATIONSNEHIC\.~/SPECIAL. ITEI'IS I
I EVENT DATE: JAIIIJARY it-12th 1992 EVENT DESCRIPTION: :?aD A/ItIIJAL otJolNTlJIoH I
I DMA" FESTIVAL OF 'mE ARTS AOoITICJIIAL INSUlED: CITY OF DELRA'I BEACH, :
: AT\.AHTA PLAZA LTO 100 I>lol 1ST AVE, DELRA\' BEACH, Fl.. 33...... ". ./ :
:= CERTIFICATE: KlLDER ========= :¡:= CANCELLATION - - =--- -=============:---.::==:
· : ~OUL.D ÞH'f OF TI£ ABOVE DESCRIBED POLICIES BE CAlÇELJ.EI) BEFlJRE 'THE I
; CITY OF D8..RAY BEACH : EXPIRATION DATE THEREOF, TI-£ ISSUING COI'I'AN" WILL ENDEAVOR TO I
: ATLANTIC PLAZA L. TO I KUL 1~ DAYS WRITTEN ·IIOTII:'£ TO 'THE CERTIFICATE Ha.:.oER NÁl'£D TO 'mE
: 100 I>lol 1ST AVENJE : lEFT, aUT FAILlJIE TO HAIL suæ NOTICE SHALL II'U'Å’E. NQ OBLIGATICJII OR t
1 DÈl.RÁV Il£ACH FL. 33'1-QQ : UAIULITY CF ANY KnlO !.PON THE COHPANY, ITS AGENTS OF REJlRESÐlTAT~. :
: ATTN: LeE GRL.t", RI9t MANAGE1'1ENT - ---~. l~-;;µ 11--'
i . .,;,. . . " '., - ; AU ENTATtvE ..;-
_______________________________ =__ = JI ~ _ f) = =
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl';.·1
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991
CHANGE ORDER NO. 11MAN CON, INC.
DATE: December 6, 1991
This is a Change Order to the contract with Man Con, Inc. which
reduces the contract price by $72,912.46 to accommodate site
conditions and as-built quantities for the Southeast Transmission
Watermain project.
The tabulation of actual quantities used to construct this project
resulted in this decrease in contract price.
Recommend approval of Change Order No. 1 to the contract with Man
Con, Inc. which reduces the contract price by $72,912.46 for the
Southeast Transmission Watermain project.
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Agenda Item No.:
.AGENDA REQUEST
Date: 12/4/91
Request to 'be ~laced on:'
C Regular Agenda Special Agenda Workshop Agenda
When: 12/10/91
16". ?O". 24" Southeast Transmission Main (90-09.8)
Description of agenda item (who, what, where, how much): Change Order 111
miscellaneous changes to project due·to differing site conditions; final "plus/minus"
unit quanity changes based on as-builts; Change Order #1 is a net. price deduct oJ-..:..-
...Ll2.912.46.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
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Recommendation: Staff recommends approval of Change" Order #1. All changes have
been verified. All measured quantities have been verified.
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Department Head Signàture: Ø.~!fi P~'~~_û~JJ !~/'Ic/11
Determination of Consistency with Comprehensive Plan:
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City Attorney Review/ Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of fundn):
Funding available: YES/ NO
Funding alternatives::-- (if applicable)
Account No. & Description: (441-5181-536-69.01) & (447-5174-536-61.41)
Account Balance:
,¡~
City Manager Review:
~ @/ . NO [7-/ì
'! Approved for agenda:
j¡. Hold Until:
Agenda Coordinator Review(
Received:
Action: Approved/Disapproved
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CHANG E ORDER
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No. 1
Dated , 199_ ,
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Project No. 90-09.8
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Project Name: 16'11, 2511 & 24" Southeastern Transmission Main
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Owner: CIty or Delray Beach, Florida
Contractor: Man Con, Inc.
Contract Date: April 5, 1991
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To: Man Con, Inc. , Contractor
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You are directed to make the following changes in the subject contract:
.
Attached Sched-µle IIA" covers miscellaneous changes due to .differing site.
conditions and final "plus/minus" unit quantities. Adjustment based on final as-builts.
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whIch changes are more speèifIcally described in the attached amc,nd~d plans, drawings, Îmd
specificatIons.
The reason for, the change Is as follows: Differing site conditions and actual as-built
final measured quantites.
... .
The contract price and contract'~ime shall be adjusted because of such chnnrres ns follows:
!
... A~ Contract Price'
1. Contract price prior to this change Order: · $ 804,655.35
Page One of Two Pages
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',CHANGE ORDER f...l-
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2. . Ne't Increase resulting from this change ,order: (72,912.46)
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. 3. Current contract price Including this change order: 731,742.89
. D. ' Contract TIme .
,..
j 1. Contr8.c.t time prIor. to this ~hange order: 160
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f, 2. Net Increase resultIng from. thIs change order: 0,
f
3.. Current contract, time Including this chn.nge order: . 160 . \
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.. . . City of Delray Beach, Florida, OWNER
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By: ,
. ' . Thomas E., Lynch, M~yor
Attest:
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City Clerk
City of De1ray Beach
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.-- Approved as to form:
. City Attorney
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The above chntÍgeS are acc'epted on , 199_. I understnnd tha.t all the
provisions of the Contract' Document related to Project No. 90-0Q. R . which nre not
inconsistent. with. the terms of ·:this Change Order shall. remain in effect and apply to nl1 work
undertaken pursuant to this Change Order.
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Witness:
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. , CONTRACTOR
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By:
As to Contractor Title
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Page 'Two· of Two Pages
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SCHEDULE "A"
Bid Amount $ 957,655.35
Less Alternate '2 (153..000.00)
Acutal oriqinal contract amount S 804..655.35
Less chanqe Order '1
Minus A-I(
Item A - Conflict with 4 in.
Steel water main
Item B - Eliminate Saddle for
A.R.V~'s
Item C - Stabultation of
Shoulders
Item D - Connection at Treat-
ment Plant
Item E - Clean up church
parkinq lot
Item F - Repair unmarked sewer
at ball field
Item G - Lateral conflicts on
dotteral
Item H - Conflict with force-
main on s.w. 4th Ave.
Item I - Repair broken sample
point/blow off
Item J - Additional work alonq
Swinton Ave.
required
by county
Item I( - Added for narrow edqe
patch $ 19,135.14
PIus/Minus as-builts quanity ...L2? ,047.60) _ $ (72..912.46)
FINAL CONTRACT AMOUNT $ 731..742.89
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
"¡v0
FROM: CITY MANAGER t !
SUBJECT: AGENDA ITEM # E: - MEETING OF DECEMBER 10 1991
AWARD OF BIDS AND CONTRACTS
DATE: December 6, 1991
This item is before you to approve the award of the following
contract:
I. Uniform Rental - Cadillac Uniform Supply in the estimated
annual amount of $19,800 with funding from various departmental
budgets.
Recommend approval of the award of the above contract with funding as
indicated.
+00"1
·
Agenda Item No.:
AGENDA REQUEST
Date: Decemher 2. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: DeC'emher 10. 1991
Description of agenda item (who, what, where, how much): Bid Award-
Uniform Rental Services - Term Contract
r.n-np R;~ #ql-0~q
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder. Cadillac Uniform Supply at an estimated
.'lnml::11 C'nRt nf $lQ.ROO.
/ f; ~
(>!I/~ .4-r ,
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): vi ,J~
Fund~~ available: YES/ NO
Funding alternatives: 4: ~. (if applicable)
Account No. & Description: 2/ /U.~ . fl, 4<i~~ fl-f;;J..
Account Balance:
City Manager Review:
0~\
Approved for agenda: (y~/ NOÞ~h./Î
Hold Until: - ¿.
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
¢ Administrative Services q(;r~
FROM: Ted Glas, Purchasing Officer
DATE: December 2, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 10, 1991 - BID AWARD #91-059
UNIFORM RENTAL SERVICES - TERM CONTRACT
Item Before City Commission:
The City Commission is requested to award contract to low bidder,
Cadillac Uniform Supply, at an estimat of $19,800. Per
the Budget Office, funding is from:
( ) .
Backgrou ti: i.J."#4tÁ
The City of Boca Raton Purchasing Office is the lead organization for
this county cooperative contract. Bids were received on October 22,
1991 from three (3) vendors (Bid #91-059. Documentation on file in
the Purchasing Office.) A tabulation of bids is attached for your
review.
The low bid was submitted by Cadillac Uniform Supply. This firm has
been thoroughly evaluated by the co-op, and found to be a responsible
and capable vendor, per attached memo from Boca Purchasing.
The City of Delray Beach will reduce costs by approximately $10,600.
annually with the new contract. The term of the contract is two (2)
years, with four (4) one year extension periods, and with no change
in the terms, conditions and unit prices.
Recommendation:
The Palm Beach County Cooperative Purchasing Group has reviewed the
bids and recommends award to the low bidder, Cadillac Uniform Supply.
Delray's estimated annual cost is $19,800. Funding as outlined
above.
Attachments:
Tabulation of Bids
Cost Analysis Sheet
Recommendation from Boca Raton
pc William Greenwood Major Cochrane
Joe Weldon Ernie DeRango
Lu1a Butler Mike Off ie
Joe Safford Mark Kilbourne
Jerry Rude
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HALL. 201 WEST PALMETTO PARK ROAD. BOCA RATON. FLORIDA 33432·3795· PHONE; (407) 393-7700 .
CITY SUNCOM: (407) 922-7700
PURCHASING MEMO NO. 91/92 - 068
November 20, 1991
TO: Mervyn C. Timberlake, Jr. , C.P.A.
Finance Dir~
FROM: Lynda S. Ve n PB
Purchasing e t
SUBJECT: UNIFORM RENTAL SERVICES - Bid No. 91-059
AWARD RECOMMENDATION
Bids were opened October 22, 1991 in the Purchasing Office for
Uniform Rental Services required by the City and other members of
the Palm Beach County Cooperative Purchasing Council. I recommend
that the City award the bid to the low bidder, Cadillac Uniform
Supply. A synopsis of the bids received is as follows:
VENDOR ESTIMATED ANNUAL TOTAL
Cadillac Uniform Supply $ 85,556.90
Uniforms for Industry 123,437.60
Aratex Services 136,565.00
An evaluation of the bid responses including uniform samples
revealed that all vendors met thespecifications. site visits were
conducted at Cadillac Uniform Supply in Hollywood, Uniforms for
Industry in Miami and Aratex Services in Opa Locka by Steve
Saposnik, City of Boca Raton; Jackie Rooney, City of Delray Beach;
and John Klatt, Solid Waste Authority. All facilities also met the
requirements of the bid.
References from the low bidder, Cadillac Uniform Supply, were
contacted and all were completely satisfied with their service.
The management of Cadillac Uniform Supply has indicated a
commitment to serve the needs of the City of Boca Raton as
specified in the bid.
This bid will be placed on the Council Agenda for November 26, 1991
with the recommendation award to the low bid vendor - Cadillac
Uniform Supply. If you have any questions, please call me at X
7876.
LSV
cc: Steven Saposnik, Senior Buyer
,~,., -. ----.....,... ·....TV I="MPLOYER -
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{~
SUBJECT: AGENDA I TEM :It f\ - MEETING OF DECEMBER 10 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: December 6, 1991
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period
November 26, 1991 through December 9, 199I. The following actions
were considered during this reporting period:
Site Plan Review and Appearance Board:
-Approved the landscape plan and architectural elevations
to allow a covered deck addition at Scarlett O'Hara's.
-Approved the landscape plan and architectural elevations
associated with the addition of a 36 square foot walk-in
freezer at the Dunkin Donut.
Planning and Zoning Board:
No appealable items were considered during this reporting
period.
Historic Preservation Board:
No regular business meetings were held during this
reporting period.
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~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~j ~"OCL-
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
~~~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF DECEMBER lO, 1991
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 26, 1991 THRU DECEMBER 9, 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 November 26, 1991, through
December 9, 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 lO 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.
I~ ,.,
·
City Commission Documentation >
Report of Appealable Land Use Items
November 26, 1991 thru December 9, 1991
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 4,
1991:
1. Approved the landscape plan and architectural elevations to
allow a covered deck addition at Scarlett O'Haras, located
within the Old Harbor Plaza at the northeast corner of U.S.
Highway No. 1 ~nd Linton Boulevard. The site plan will be
approved administratively as a non-impacting modification
(Vote 7-0).
2. Approved the landscape plan and architectural elevations
associated with the addition of a 36 sq. ft. walk-in freezer
at Dunkins Donut located within Tropic Square Shopping
Center at the northeast corner of U.S. Highway No. 1 and
Tropic Boulevard. The site plan will be approved
administratively as a non-impacting modification (Vote 7-0).
No other appealable items.
PLANNING AND ZONING BOARD SPECIAL MEETING OF DECEMBER 9, 1991
The only action item on the December 5th agenda deals with the
conditional use request to allow the establishment of a
recreational facility "Whirly Ball" at Congress Square Shopping
Center. As the Board provides a recommendation to the City
Commission this is not an appealable item. The Board's
recommendation will be provided as a part of a separate agenda
item.
HISTORIC PRESERVATION BOARD MEETING: No Regular Business meeting
was held during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Map
JA/#62/CCDOC.TXT
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CCIUM AVDU:
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SCARLETT O'HARA
UNTO" IOU LEV ARD
DUNKINS DONUT ~
TROPIC BLVD.
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MEMORANDill1
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {'n
SUBJECT: AGENDA ITEM # q .6. - MEETING OF DECEMBER 10, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/WHIRLY BALL
DATE: December 6, 1991
We have received a request from Jay D. Tormey for conditional use
approval to locate a family recreational business (Whirly Ball) in
the Congress Square Shopping Center.
This request is being given accelerated processing based upon a
request from the applicant and his desire to commence operations as
soon as possible. There are some ownership problems with regard to
Congress Square; howeve r , they do not bear directly upon the
consideration of land use review as it relates to the appropriateness
of this proposed use. The City Attorney's office, however, is
monitoring the situation.
The proposal is to establish Whirly Ball within the 10,356 square
foot bay previously occupied by Eckerd Drugs. Whirly Ball is a
combination of basketball, hockey, j ai alai, polo and bumper cars.
Interior improvements include construction of two (2 ) 3,000 square
feet Whirly Ball courts, a viewing area, snack bar, 15 tables with
chairs (60 seats) , 18 video games, six (6) pool tables, two (2 ) Air
Hockey tables, one ( 1) Foozball Table, and a 2,561 square foot
storage area.
The hours of operation will be Sunday through Thursday, 12 Noon until
11:00 p.m. and Friday and Saturday, 12 Noon until 1:00 a.m.
There are no known unusual problems or concerns with regard to this
request. Previously, there was some concern wi th respect to parking
and traffic circulation impacts during the consideration of a
proposed Bingo operation at this site. However, such impacts are not
of concern with this application due to the relatively low traffic
generation and occupancy factors.
Normal public notice has been provided to the property owners within
a 500 foot radius. Additionally, special notice was provided to PROD
(Progressive Residents of Delray) , Delray Beach Council of
Communities, United Property Owners I and the tenants of the Congress
Square Shopping Center. The Planning and Zoning Board will consider
this item at their December 9, 1991 special meeting. A verbal
recommendation will be provided at your Tuesday evening meeting. A
detailed staff report is attached as backup material for this item.
. . c'l{
81\'/)
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
FROM: ID J. ~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 10, 1991
CONDITIONAL USE CONSIDERATION RE ESTABLISHMENT OF A
RECREATIONAL ACTIVITY (WHIRLY BALL) IN THE CONGRESS
PARK SHOPPING CENTER (Atlantic at Congress)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use application which will allow
establishment of a recreational activity on property zoned
P.C.
The project is "Whirly Ball". It is to be located in the
Congress Park Shopping Center which is at the southwest
corner of Atlantic Avenue and Congress Avenue. It is to go
into the former Eckerd Drug facility.
BACKGROUND:
This request is being given accelerated processing based upon a
request from the promoter. He desires to commence operations
(due to relocating from the Pompano area) as soon as possible.
There are some "ownership" problems due to the center being under
control of the RTC; wording of lease agreements; and concerns of
prospective owners. The City Attorney is on-top-of these
matters. They do not bear directly upon the consideration of
land use review as it relates to appropriateness of the proposed
use.
Attached is the Planning and Zoning. Board staff report which sets
forth background and analysis. In summary there are no known
unusual problems or concerns. When a request for establishment
of a BINGO operation was considered awhile back, there were
concerns with respect to parking and traffic circulation impacts.
Such impacts are not of concern with this application due to the
relatively low traffic generation and occupancy factors.
,
City Commission Documentation
Meeting of December 10, 1991
Restablishment of a Recreational Activity (Whirly Ball)
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will formally review this item at
a Special Meeting on Monday, December 9th. Following a public
hearing, they will prepare a recommendation. Their recommendation
will be presented at the City Commission meeting.
RECOMMENDED ACTION:
By motion, -- pending receipt of the Planning and Zoning Board
recommendation.
Attachment:
* P&Z Staff Report & Documentation of December 9, 1991
DJK/#88/CCBALL.DOC
...q
.-- L..J-\ i ~. \411 '4 U & £.. L,. '4" '4 U LJUMI1U
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: December 9, 1991
AGENDA ITEM: ILA.
ITEM: Public Hearing to Consider a Conditional Use Request for the Recreational Use of
Whirly Ball to be Conducted within Congress Square (southwest corner of Congress
and Atlantic Avenues).
~.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . Resolution Trust Company
Agent\Lessee..................Ted B. Greenslait
Real Estate Director
Eckerd Drug Company
Sub-Lessee....................Copans Square Amusements, Inc.
Location......................On the southwest corner of Atlantic
Avenue and Congress Avenue.
Property Size.................10,356 sqft. (Whirly Ball)
9.88 acres (Congress Square Plaza)
City Land Use Plan............General Commercial
City Zoning..... ..............PC (Planned Commercial)
Adjacent Zoning...............North: GC (General Commercial) and
MIC (Mixed Industrial &
Commercial)
East: GC and
MIC
South: POC (Planned Office Center)
West: OS (Open Space)
Existing Land Use.............Vacant retail bay.
Proposed Land Use.............Whirly Ball family entertainment
center.
Water Service.................Exlsting on site.
Sewer Service.................Existing on site. II. A
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to establish a commercial entertainment
use (Whirly Ball) and ancillary uses (pool tables, snack bar,
amusement games) within the vacant Eckerd Drug Store bay of
Congress Square. The subject property is located on the
southwest COrner of W. Atlantic Avenue and Congress Avenue.
BACKGROUND:
As the Congress Square Shopping Center has an extensive land use
history since 1979, the background that is being provided begins
with the most recent land use request for the subject property.
At its meeting of December 17, 1990, the Planning and Zoning
Board heard a Conditional Use request to allow establishment of a
bingo hall in the vacant 10,356 sq. ft. bay previously occupied by
Eckerd's Drug Store. The Board denied the request on the basis
that the bingo hall would take up parking spaces immediately
north of its entrance and thus have an adverse impact upon
tenants, including the potential for reopening the outbuilding as
a restaurant.
On December 27, 1990, the Board's action was appealed to the City
Commission. The appeal letter proposed changes to the
description of the Conditional Use which had not been considered
by the Planning and Zoning Board.
At the City Commission meeting of January 8, 1991, the appeal
request was remanded back to the Planning and Zoning Board for
review of the new information.
On January 28, 1991, reconsideration of the Conditional Use
request to establish a Bingo Hall was heard by the Planning and
Zoning Board. The Board denied the request on the basis that it
was not demonstrated that enough was being done to alleviate the
adverse parking situation.
The Item was then appealed to the City Commission on February 12,
1991. At that meeting, the City Commission affirmed the position
of the Planning and Zoning Board and denied the appeal.
On November 5, 1991, a request was made to allow expedient
processing a a Conditional Use request for Whirly Ball. The
applicant wishes - to relocate the Whirly Ball facility from a
free-standing warehouse in Pompano Beach to the Congress Square
Shopping Center.
At its meeting of November 19, 1991, the City Commission approved
the request based upon the unique circumstamces of scheduling
around the holidays so that further accommodation requests do not
become commonplace.
On November 25, 1991, the Conditional Use application for Whirly
Ball was submitted and is now before the Board for action.
P&Z Staff Report
Whirly Ball at Congress Square - Conditional Use Approval
Page 2
PROJECT DESCRIPTION:
The proposal is to establish Whirly Ball within the 10,356 sq. ft.
bay previously occupied by Eckerd Drugs in the Congress Square
Shopping Center. Whirly Ball is a combination of basketball,
hockey, jai alai, polo and bumper cars. Players are equipped
with a bumper car and a scoop, similar to that used in jai alai,
which is used to catch, pass and shoot a softball size whiffle
ball. The object of the game is similar to basketball, however
the ball is shot into a target and not a basketball hoop. The
target is 15 inches in diameter and 10 feet above the court.
There are two (2 ) teams, with five ( 5 ) players from each team
playing at one time. There is one referee who is situated at
midcourt. The referee assesses penalties, keeps time and keeps
score.
The proposal involves interior improvements to accommodate the
following:
* Two ( 2 ) 3,000 sq. ft. Whirly Ball courts.
* Viewing Area
* Snack Bar
* 15 Tables w/chairs (60 Seats)
* 18 Video Games
* 6 Pool Tables
* 2 Air Hockey Tables
* 1 Foozball Table
* Storage Area (2,561 sq. ft.)
The hours of operation will be Sunday thru Thursday Noon - 11:00
P.M. and Friday thru Saturday Noon - 1:00 A.M. There will be a
staff consisting of 3 full-time employees and 5 part-time
employees. Typically, the courts are reserved and rented on an
hourly basis.
CON D I T ION A L USE A N A L Y S I S :
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the following four areas:
Future Land Use Map: (The use or structures must be allowed in
the zone district and the zoning district must be consistent with
the land use designation).
P&Z Staff Report
Whirly Ball at Congress Square - Conditional Use Approval
Page 3
The subject property has a Land Use Plan designation of General
Commercial and a PC (Planned Commercial) zoning designation,
which is consistent with the General Commercial land use plan
designation. Pursuant to Section 4.4.12(D)(2), within the PC
zone district, assembly for commercial entertainment purposes is
allowed as a Conditional Use. Therefore, it is appropriate to
make a positive finding with respect to consistency with the land
use map.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
· The improvement is in place prior to issuance of the
occupancy permit;
· The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
· The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water & Sewer:
The existing water and sewer services were provided with the
development of the Congress Square shopping center. Adequate
fire suppression exists on-site via existing fire hydrants. No
main extensions or upgrading is required with this development
proposal.
Drainage:
Drainage was accommodate with the development of Congress Square
via exfiltration trenches. No drainage improvements are required
with this development proposal.
Streets and Traffic:
Based upon the project description, the City's Traffic Engineer
calculated trip generation of the proposed use to be
approximately 433 average daily trips. Pursuant to the
Countywide Traffic Performance Standards, if a project is located
on a road that was determined to be over capacity upon adoption
of the Countywide Traffic Performance Standards, additional trips
can be added by individual developments to a maximum of 1% for a
total of 5% of capacity. This project is estimated to generate
433 average daily trips, which represents less than l% capacity
on each adjacent roadway link and therefore, a positive finding
of concurrency with respect to traffic can be made.
P&Z Staff Report
Whirly Ball at Congress Square - Conditional Use Approval
Page 5
OTHER ITEMS:
The City's Police Department contacted the Pompano Beach Police
Department to find out if there were any problems with crime i.e.
gang problems, domestic violence, associated with the facility.
The Pompano Beach Police reported that there were no crime
problems associated with the facility.
With the submittal of the building permit application, a detailed
floor plan prepared by a registered architect will need to be
provided for the interior modifications to the commercial bay.
Once the details are reviewed, additional requirements relating
to utilities, building code and fire code items may be imposed.
REVIEW BY OTHERS:
The proposal involves th occupation of an existing commercial bay
with no exterior modifications to the building or site. However,
proposed signage may require review and approval by the SPRAB
(Site Plan Review and Appearance Board).
Normal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting.
Special Notice was provided to P.R.O.D. (Progressive Residents of
Delray) , Delray Beach Council of Communities, United Property
Owners and the tenants of Congress Square Shopping Center. No
comments have been received.
ASSESSMENT AND CONCLUSIONS:
Basic findings (concurrency, consistency) are accomodated. In
comparison with the previous request, the problem of parking
demand is significantly diminished. Thus, there should not be a
conflict with other tenants/uses in the shopping center. A
problem cou ld_ arise if a use modification occured and the
facility was more overused to an amusement arcade. Thus, it is
prudent to condition the approval with respect to intesity of
use.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the Conditional Use request based
upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5)
(Compatibility) of the Land Development Regulations,
and the policies of the Comprehensive Plan subject to
conditions.
3. Recommend denial of the Conditional Use request based
upon a failure to make a positive finding with respect
to Section 2.4.S(E)(5) (Compatibility) .
IIt'·1
P&Z Staff Report
Whirly Ball at Congress Square - Conditional Use Approval
Page 6
RECOMMENDED ACTION:
Recommend approval of the Conditional Use request based upon
positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land
Development Regulations, and the policies of the Comprehensive
Plan subject to the following conditions:
A. That prior to submittal of a building permit
application, a traffic study must be submitted and
accepted by the City's Traffic Engineer.
B. That ancillary uses be limited to:
* 6 Pool Tables
* IS Video Games
* 2 Air Hockey Tables
* 1 Foozball Table
* Snack Bar
* 15 Tables w/chairs (60 seats)
or, their equivalent as determined by the Director of
Planning and Zoning.
Attachments: Site Plan
Floor Plan
JAC/#S/WHIRLY.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/M
SUBJECT: AGENDA ITEM # í1c", - MEETING OF DECEMBER 10, 1991
REQUEST FOR SPECIAL EVENT PERMIT/BRANDY'S CAFE
DATE: December 6, 1991
This item is before you to consider a request from Brandy's Cafe for
a special event permit and to place tables and chairs in the City's
right-of-way along Canal Street on December 13 and 14, 1991 for the
Holiday Boat and Street parades.
Staff has reviewed the request and recommends the Commission approve
the special event permit and placement of the tables and chairs in
the City's right-of-way provided:
1) That the applicant provide the City with a signed
hold-harmless agreement.
2. That the applicant provide a certificate of insurance,
naming the City and the Army Corp of Engineers as additional
insured.
3. That a site drawing showing the placement of the tables and
chairs be provided.
Recommend approval of the request from Brandy's Cafe for a special
event permit and to place tables and chairs in the City's
right-of-way along Canal Street on December 13 and 14, 1991 for the
Holiday Boat and Street parades, subject to the conditions as
recommended by staff.
- . -
, Agenda Item No.:
AGENDA REQUEST
Date: 12/6/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/10/91
Description of agenda ~tem (who, what, where, how much):
Special Event for Brandy s Cafe
December 13-14, 1YY1
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~~~
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: @!¡ NO t~ J
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
-
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
RE: APPROVAL OF SPECIAL EVENT ACTIVITY FOR BRANDYS
RESTAURANT WITHIN PUBLIC RIGHT-OF-WAY ON CANAL STREET
DATE: DECEMBER 6, 1991
ITEM BEFORE THE COMMISSION:
- -
City Commission consideration of a request from the owners of
Brandy's Cafe to sell hot dogs and beer from tables and chairs
placed within the right-of-way on Canal Street, on December 13th
& 14th during the Christmas Boat and Holiday parades.
BACKGROUND:
The City Commission will have to determine that the activity is
of primary benefit to the general public, therefore, considered a
special event activity, pursuant to Chapter 110, Section 15,
which provides for the issuance of a temporary business license
for such events on an annual bas i s. The use of tables and
chairs associated wi th a restaurant is permitted under Section
6.3.4 (E) and alcoholic beverages may be consumed at such tables.
Section 6.3.4 (F) requires that prior to the issuance of a
permit, the applicant shall furnish a signed statement that the
permittee shall hold the City, its employees and officers
harmless for damages. The permittee shall also furnish insurance
and an insurance certificate and maintain such with public
liability, food products liability and property damage insurance
from all claims. The City Attorney is requiring $1 million
dollars coverage since the Corp of Engineers has an easement
agreement through the property. The Attorney is requiring both
the City of Delray Beach and the U.s. Army Corp of Engineering be
listed as additionally insured.
RECOMMENDATION:
We would recommend Commission approval of the special event
activity provided that the applicant provides the required
certificate of insurance prior to the Commission meeting along
with a site drawing of the placement of the tables and chairs.
Property owners along Canal Street will be notified of this
planned activity.
d11
Brandys.DH
., .
DECEMBER 5, 1991 RECEIVED
. DEC 5
1991
CJrY MANAGER'S
DAVID HARDEN OFFICE
CITY MANAGER
100 N. W. 1ST. AVE.
DELRAY BEACH, FLA. 33444
DEAR MR. HARDEN:
WE RESPECTFULLY REQUEST THAT YOU PLACE US ON THE AGENDA FOR DEC.
12TH, FOR CONSIDERATION OF THE USE OF CANAL STREET, LOCATED
BETWEEN BRANDY'S CAFE AND THE INTERCOASTAL.
WE WISH TO HAVE TABLES AND CHAIRS ON THE STREET AND SERVE ONLY
HOT DOGS AND BEER FROM OUR RESTAURANT, DEC. 13TH AND 14TH, DURING
THE BOAT PARADE AND THE STREET PARADE.
PLEASE BE AWARE THAT WE ARE A FULL SERVICE RESTAURANT AND ARE
LICENSED TO SELL BEER AND LIQUOR. ALSO, JUST A REMINDER, CANAL
STREET IS A DEAD END, ENDING AT THE BRIDGE.
WE WOULD APPRECIATE ANY ASSISTANCE.
SINCERELY,
IVA BRANSCOMBE
IB/j1
cc:OffRIS BROWN, CRA
'.<1
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER '~
[ .
SUBJECT: AGENDA ITEM **' 90 - MEETING OF DECEMBER 10, 1991
BANKER'S ROW REDEVELOPMENT AGREEMENT
DATE: December 6, 1991
This item is before you to approve a tri-partite agreement between
the Ci ty , Community Redevelopment Agency (CRA) and the Banker's Row
Homeowners Association (BRHA) for the development of Banker's Row.
This agreement provides that the City will prepare an appropriate
site plan, provide professional engineering services, and landscape
architect services, at its expense, for parking lot and street
improvements within Banker's Row. The CRA shall acquire Lots 1 and
2, John B. Currie Subdivision for the construction of the parking
lot; and, shall upon construction of said parking lot deed the
subject property to the City. The City will be responsible for full
maintenance of the parking area and street improvements. The
agreement also provides that the BRHA will pay the CRA 25% of the
costs of the design and construction of street improvements.
Recommend approval of a tri-partite agreement between the City,
Community Redevelopment Agency and the Banker's Row Homeowners
Association for the development of Banker's Row.
. f lJ.f) B~ i~ ~~
ern - ~
rJ..1£JO ~ & ~ atpvJu w/iLL ~;a
Ro-uY ~
7' ~
S ðY1 ~
~þ 1/14 /9~
·
--.---
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMP~_
RE: BANKER' S ROW REDEVELOPMENT AGREEMENT . /'
DATE: DECEMBER 2, 1991
I have reviewed the proposed Tri-Partite agreement referenced
above, pursuant to your directions. The covenants and promises
appear to adequately represent what has been verbally discussed
between staff and the CRA Director. Section C, Landscape .
Architecture, will be done by Nancy Davila. She has been
involved in meetings and discussions regarding this project.
A decision should be made regarding how the maintenance will be
handled, (contracted out or by existing P&R staff) . If
contracted out, we will prepare maintenance specifications for
award as soon as improvements are in place.
cc: Nancy Davila
C:Banker.LB/LCB
',"I
1.: 407 276 5489 SPIN DIT FED DOW 02
TRI-PARTITE AGREEMENT FOR THE DEVELOPMENT
OF BANKERS' ROW
This Tri-Parli1.e Agreement for the De\'eJopment of Bankers' Row. hereinafter referred to as
tho II Agreement,' is made and entered into this day of ,
1991, by and between tbe CITY OF DBLRA Y BEACH, a municipal corporation, hereinafter referred
to as the ·CJTY,fI and tho COMMUNITY RBDBVELOPMENT AGENCY OF THB CITY OF
- . -
DELRA Y BBACH. aD entity created pursuant to Chapter 163. Florida Statutes, hereinafter referred
to as the ·CRA." and BANKBRS· ROW HOMEOWNERS ASSOCIATION, INC., hereinafter referred
to II "ASSOCIATION," .
WIT N B S S B T H:
, WHBRBAS, tho parties hereto are desirous or joining togcther and participating in the mut~a.I
redevelopment and improvement of the street aDd infra-structure for Northeast First A venue between
Northeast Second Street and Northeast Third Street; aDd
WHEREAS, sueh iD{ra-slrUdur~1ndudc the upgrading and improvement of the water,
drai%l.age, paving. sidewalks, and streetscapo laDdscapiug aDd architecture, (the "Street Improvements")
ItS weU as the design and cODsLruetion of a public parking lot on Lots 1 and 2. John B. Currie
SubdivisioD. as recordod in Plat Book 33, Page 196, DC the Public Records or Paba Beach County,
Florida, hereinafter relerred to as the "Parkins Lot JmprovemCnL'I¡" aud
WHBRBAS, each of the parties hereto are desirous DC identifying the roles that each will play
in such redevelopment projecL Q wen as their rc.'pective financial rcsponsibility and cODtributions
there tor,
NOW, THBRBFORB, in consideraLion of the mutual coveuants aDd promises herein contained
the parties hereby agree as follows:
1. {)eahrD Ph.le
A. Site D..Duhur. The CITY through its Pl8l1%1.i%l.g and Zoning Departmcnt
will prepare 811 appropriate site plan at its expense (or the Parking Lot Improvements uod the Street
Improvements withiu duys (rom the date o( this Agrccment. The subjcct site plan shall be
Drø/' #3
Ntwtt",HT 6. 1991
-,-.-'" ,--
SPI~ DIT FED DOW 03
2: 407 276 5489 ,
-
SUbjéCt to the review and ~pproval of aU of the parties hereto.
B. EDslnurla,. The CITY shall engaae and pay for the services of a
registered professioaal civil engineer to provide engincering services for the Street Improvemenls and
ParkinJ Lot Improvemcnls. The CRA will reimburse the CITY lor lhe portio 0 of the said engineering
expenses which have been incurred wilh respect. to tbe Street Improvemenls and Parking Lot
huprovemeots. other lhao the water. sewer. and draiaage portions thereof which tbe CITY shall be
responsible for. The engineering contract shall be subject to approval or all of the parties hereto. The
engineer shalt provide any applicable surveys required for thc improvements.
.
C. Láadsc:aDe architecture. The CITY shall provide at its expense
landscape architecture services required. Street Improverncats. aud Parking Lot Improvements. Su~h
. landscape architectural plan shall be prepared in consultation with the CRA and the ASSOCJATION.
2. r.rklaR Lot AC9ulaltjCLII
The CRA shall at its expense acquire Lots 1 and 2. John B. Currie Subdivision
for the construction of lhe parking lot as designed pursuant La the services provided under Sect.ion
1 above. Upon the complction of the construcLion of the said parking lot the CRA shan convoy by
Quit-Claim Deed the subject property to the CJTY and the CITY shall accept futl responsibility for
said property and the maintcnance therefor. The eRA shan be responsible for the payment of aU
expenses relating to the a.cquisition and construction of the said parking lot. The conveyance to lhe
CITY shall contain t.he provisÎoas for reversion of titlc in the event tbe same if¡, disposed of by the
CITY or put to any other use than that oC a public parking lot without the express prior written
conscnt of the CRA.
3. CÔDstMlCtlU
The ÇITY shan provide and the CRA and the ASSOCIATION shall participate
in bidding, negotiation and contract administration services lor t.he Strect. Improvements and the
Parking· Lot Improvements at the CITY'S expensc. The award of the canlrael for such construction
shall be cnlered into and paid for by the CRA as the owner and ..he award of such contracts ahaU be
Drillt #3
Novembe, 6, 199J
,¿d
~ 4137 276 5489 SPIN DIT FED DOW 134
subject to the approval of all of the par lies hereto. The CITY shall further provide contract
administralion, inspection and supervisor in consultation with the engineer and the CITY shall
provide the CRA wilh certifications for progress payment.s pursuant to the construction contracts.
4. ~fttDtenaDce
The CITY agrees to provide maintenance for the Street Improvements and
Parking Lot Improvements upon completion of tbe construction. -
S. ~IAðel.tlon ObUtatloD.
The ASSOCIATION a¡rees to pay to the CRA twenty-five perccnt (25%) of
the C05ts of the design and const.ruction of the Street Improvements in the fol1owing manner:
A. $ upon the execution of this Agreement;
.
B. $ simultaneously with the award of the
contract far the COJl$lructioD or the Street Improvements.
6. Time for ComRletloD
It is contemplated that this project will be commenced within days
roUawing the execution or this Agreemcnt and the project completed within days thereafter.
CITY OF DBLRA Y BEACH
By:
Thomas Lynch, Mayor
Auest:
By: .
City Clerk
Approved as to form:
By:
City Attorney
Drøll #3
NovenaHr 6, 1991
_._-'-----~
~ 407 276 5489 SPIN DrT FED DOW 05
.
WITNBSSES: COMMUNITY REDEVELOPMB~T
AGENCY
By:
Kcvip HlaD, Chairman
WITNESSES: BANICBRS· ROWHOMEOWNBRS
ASSOCIA TION
.
By:
,President
.
.
- -.---.
Drlllt #3
Nowmber 6, 1991
i~ II
·
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # E - MEETING OF DECEMBER 10, 1991
REQUEST FOR FUNDING/EDUCATION BOARD
DATE: December 6, 1991
We have received a request from the Education Board for funding in
the amount of $2,000 in support of the Annual Education Expo to be
held at the Delray Mall in the Spring of 1992.
Previously, the Chamber of Commerce, with support from the business
community and the Delray Beach Mall, have sponsored this event.
However, the Chamber of Commerce has elected not to sponsor the Expo
this year. The Expo provides an opportunity for students from public
and private schools within the City to display and perform works of
art at a non-competitive exhibit.
The Delray Mall management is supportive of this activity and have
reserved optional dates for the event. The Education Board feels
that this activity is a benefit to the entire community.
Funding is available in the Commission's Contingency (Account No.
001-6511-581-90.11). Account balance $10,000.
Recommend consideration of a request from the Education Board for
funding in the amount of $2,000 in support of the Annual Education
Expo.
~ (S--o) Þ úptdþu- $ c;( I ()OO
)
bdtW71~ &~~ UtiL ~
~-
MlI'1
.
, ¡Agenda Item No.:
AGENDA REQUEST
Date: 12/3/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/10/91
Description of agenda item (who, what, where, how much):
Approval of Annual Education Expo
FlInding Reauest of $2,000 of 1992
To np- hp-ld at the Delrav Mall in the Spring
ORDINANCE/ RESOLUTION REQUIRED: YE Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~d~ ~. -
. . I
Determination of Cons1stency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds) :j.k / tf-f¡ hI
Funding available: YES/ NO
Funding alternatives: lJu/-6c5¡J-5fï- 7Ó.// ~e)
Account No. & Description:
Account Balance: l0,l)/)()' tJù
City Manager Review:
.::c=:-, Î
Approved for agenda: c!~..~ / NO {' L;;c
Hold Until: ( ,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: CITY COMMISSION APPROVAL OF ANNUAL EDUCATION EXPO
TO BE SPONSORED BY THE EDUCATION BOARD -
CONSIDERATION OF FUNDING REQUEST
DATE: DECEMBER 3, 1991
ITEM BEFORE THE COMMISSION:
- -
Consideration of the request from the Education Board to sponsor
the Annual Education Expo in the spring of 1992 at the Delray
Beach Mall and provide funding for this activity in the amount of
$2,000.
BACKGROUND:
The Annual Education Expo had been sponsored by the Chamber of
Commerce with support from the business community and the Delray
Beach Mall. The Expo is a non-competi ti ve exhibit of the works
of students from private and public schools in the Delray Beach
area in the subjects of art, music, drama, creative writing,
science and applied vocational subjects. It is a two-day event
held on a Friday and Saturday at the Delray Beach Mall.
The Chamber of Commerce has elected not to sponsor the activity
this year. The Education Board feels that the activity is a
benefit to the general public and students participating and is
an appropriate activity for the Education Board. Parent and
community participation has been very good; student participation
has been excellent. The Delray Mall management is supportive of
the activity and has reserved optional dates for the event in
February, 1992.
The Board is requesting Commission approval to sponsor this event
during the spring of 1992 and that a funding allocation of $2,000
be made to cover costs associated with sponsoring the event.
RECOMMENDATION:
We would recommend City Commission approval of the Education
Board's request to sponsor the Annual Education Expo and that
$2,000 be allocated to cover costs associated with promoting the
activity.
LB:DQ
d11
C:Expo.EB/LCB
,~'"
- -----_._-_._--_.._._._-----._~----_..._-~.~.- ----....~--
Sevm pL (Ç
1991
{JCi\.TlON .
~
~p ~
FRIDA~ FEBRUARY 22nd · 12 NOON - 9 PM
SATURDAY, FEBRUARY 23rd · 10 AM- 8 PM
AT
I D~:~f~~on~~~~~a~~~L
1»:.1.11..\' ~"AU.
DELRAY BEACH AREA STUDENTS
WILL EXHIBIT
· SCIENCE PROJECTS · ARTWORK
· CREATIVE WRITING
-MUSIC & DRAMA PERFORMANCES
also ATLANTIC H.S.
EAGLEAIRES & EAGLETTES
SEND FREE MESSAGES TO OUR TROOPS IN SAUDI ARABIA.
Compliments of Dept.of Vocational Technical Education Palm Beach County Schools
Presented ~~ Educa~ion
by GREATER CommIttee
DELRAY BEACH
Chamber of Commerce
Donated by: PIP Prinling · Delray Bcach
1.<1 ,
- ==-
~
¥ !
[ITY OF DELRAY BEA[H <, }
,
~'4
100 N.W. 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/2437000 í;
PROCLAMA TION 0I1m~/.ç::1
.' ~.. .
.; ;~
,
WHEREAS, the Second Annual Education Expo, a non-com- ~~
,
petitive exhibit of the works of students from private and public f
schools in the Delray Beach area in the subjects of art, music, ~" ,
drama, creative writing, science and applied vocational subjects,
~--.-.. ." is a two day event which will take place on Friday, February 22nd f
I
and Saturday, February 23rd at the Delray Beach Mall; and, l
- l '"
WHEREAS, the purpose of the Second Annual Education ! .{
~~;
Expo is to focus the community's attention on the excellence in
the Delray Beach Schools, which includes highlighting the innova-
tion of our programs, the dedication and creativity of our
teachers and the enthusiasm and hard work of our students; and,
WHEREAS, students from the following schools will be
participating in the Second Annual Education Expo, an event
sponsored by the Greater Delray Beach Chamber of Commerce's
Education Committee:
Carver Middle School, Unity of Delray Beach,
S.D. Spady Elementary School, Pine Grove
Elementary School, Plumosa Elementary School,
Banyan Creek Elementary School, Gulf Stream
School, St. Vincent Ferrer School, Hagen Road
Elementary School, Atlantic High School, Ornni
Middle School and South Tech
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the city
of Delray Beach, Florida, do hereby proclaim the week of February
18 - 24, 1991, as
"EDUCATION EXPO WEEK"
in the City of Delray Beach and urge all residents to attend the
Second Annual Education Expo and join our students from Delray
Beach ate a schools in this positive endeavor.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 12th day of February, 1991-
/~
MAYOR
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER if\- ì
FROM: I
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991
ADDENDUM NO. 3 THE GOLF COURSE MANAGEMENT CONTRACT
DATE: December 6, 1991
This item is before you to approve an amendment to the Golf Course
Management contract with Dubin and Associates which provides for the
payment of a performance bonus.
Per provisions of the original contract with Dubin and Associates,
they are entitled to a yearly incentive bonus based upon incremental
profits over and above the agreed upon budget. Because of the
closing of the golf course, approximately $100,000 in revenues were
lost, which effectively canceled out the potential for an approximate
bonus payment of $10,000 to Dubin and Associates. Therefore, Mr.
Dubin has requested that the Commission consider a bonus payment in
the amount of $2,500.
Dubin and Associates have performed exceptionally over the last
year. Performance measures/conditions contained in the contract
agreement have been met within 95%. Customer satisfaction and
overall conditions have improved; and, we are now experiencing
posi tive public relations. Additionally, Dubin is also managing the
Golf Course Restaurant. A detailed staff report is attached as
backup material for this item.
Recommend approval of Addendum No. 3 to the contract with Dubin and
Associates and approve a bonus payment in the amount of $2,500 with
funding from Golf Course Administration/Other Professional Services
(Account No. 445-4711-572-33.19).
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[ITY DF DELRAY BEA[H . ' ..., ..~. ... ~,~~:*,;'"'. \
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CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE ~ DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
MEMORANDUM
Dat:e~. December 10, 1991 . . ~ ": .--:!!'-
To: Ci ty Commission t) :
From: Jeffrey S. Kurtz, City Attorney Ii .
Subject: Agenda Item 9F - Addendum No.3.
to the Golf Course Manaqement Aqreement
The proposed Addendum to the Golf Course Management Agreement
between the City and Dubin & Associates, Inc. addresses Mr.
Dubin's request for a year-end performance 'payment of
$2,500.00. The management agreement provides for Dubin &
Associates to receive a certain percentage of the ne:t profits
generated by the golf . course operations. . The existing
agreement does not authorize the Commission to award' an
additi~ performance payment to Dubin &,. Associates.
Therefore, this Addendum is proposed to grant Mr. Dubin's
request.
This office's opinion is that the City is not legally obligated
to pay Mr. Dubin a performance bonus at this time. Any
, )
additional payment which the Commission approves would not be
supported by any "consideration" on the pa'rt of Dubin &
Associates. Mr. Duþi:n performed his obligations under the
existing agreement, and the City agreed in January, 1991 what
the compensa':.ion would be for performing those obligations.
Unless Mr. Dubin agrees to undertake additional duties in
return for the $2,500.00, any additional payment could be
considered a gift, as the City would be paying his company for
obligations it had already agreed to perform during 1991. Such
a payment may be subject to challenge as an expenduture not for
a public purpose.
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golfbonu.txt
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[ITY DF DELHAY BEA[H
100 ~ :, ' ":"'VC"JIJE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: (?JIð Robert A. Barcinski, Assistant City Manager
Administrative Services
SUBJECT: Agenda Item # City Commission Meeting 12/10/1991
Contract Amendment/Performance PaYment
Dubin and Associates
DATE: December 6, 1991
ACTION
City Commission is requested to amend the contract and approve
a performance payment in the amount of $2,500.00 to Dubin and
Associates with funding to come from Account Code
445-4711-572-33.19 (Other Professional Services)
BACKGROUND
We have received a request from Brahm Dubin for a year-end
performance payment of $2,500.00. Performance by the
management firm has been exceptional over the last year.
Performance measures/conditions contained in the contract
agreement have been reached within 95% of requirements -
customer satisfaction and overall conditions have improved
considerably. Through the efforts of the management firm we
are now experiencing positive public relations. The
management firm has also, this year, taken an additional
responsibility for operating the restaurant which has received
a high level of success to date. All of the bond project
improvements have been completed. Although net profit did not
reach anticipated revenues, this was due to the loss of
revenue, resulting from the course closing and additional
expenses associated with the restaurant buy-out and close out
of paYments to Code House.
This request has been reviewed with the Finance Director and
we both recommend paYment for exemplary performance.
RAB:kwg
THE EFFORT ALWAYS MATTERS
Club and Hospitality Management, Development and Consultation
BRAHM DUBIN ~~~~~~[ij
President
ADMtNfST~ATtVE SERVICES
October 22, 1991
city of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl 33444
Attn: Hr. Bob Barcinski
Gentlemen,
As per the contract between the city of Delray Beach (City)
and Dubin & Associates, Inc. (Dubin), dated January 1, 1991 Dubin
is entitled to an incentive bonus for the fiscal year ended
september 30, 1991, based upon incremental profits over and above
the agreed upon budget, due and payable November 30, 1991.
As you are aware, the closing of the golf course for the
period July 1 through September 30, 1991 resulted in an approximate
loss of $100,000 to our operation, which effectively canceled out
our potential bonus in the amount approximately $10,000.
Therefore we are hereby requesting that the City consider
paying Dubin a year end bonus for the fiscal year ending September
30, 1991 in the amount of $2,500 which we hope you believe to be
fair and equitable under the circumstances.
Thanking you in advance for your cooperation, we remain,
Yours truly,
._~~-
. -' "\
Brahm Dubin, president
DUBIN & ASSOCIATES, INC.
BD/abb
800 Palm Trail · Delray Beach, FL 33483 · (407) 243·8008 · Fax (407) 243·8011
[ITY DF DELIAY BEA[H
1 00 :\J, ;,~J ~;:..:., V ~ r'\~ U E . 'JELRAY BEACH. FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Additional Golf Course Revenue Information
DATE: December 6, 1991
Per your request the following lost revenue estimates are
provided for the period of time the golf course was closed
July lst through October 18th.
1. Refund Prepaid Green Fees (less tax) 54,066
*2. Green fees, cart fees and other revenue 201,767
TOTAL 255,833
*Calculation
- used July 1990 revenue adjusted for a month less July 1991
revenue, plus August 1990 revenue less August 1991 revenue,
plus September 1990 revenue less September 1991 revenue, plus
October 1991 revenue adjusted for a full month less October
1991 actual revenue.
The net profit calculation as determined by the Finance
Director per the contract agreement for FY '90-91 is
$296,764. Had the above revenues been realized the net profit
figure would have been $552,597. Based on this amount the
contractor would have been due a bonus in the amount of
$11,649 per the escalating percentages contained in the
contract.
Also attached is a copy of the amendment as drafted by the
City Attorney's office.
RAB : kwg
Attachment
THE E¡::FORT ALVVA YS MATTERS
""I
EXHIBIT liB"
NET OPERATING PROFIT CALCULATION
INCOME BUDGET ACTUAL
As per budget $1,468.200 $l,268,288
Less: Interest on Investment < 40,000> < 29,665>
Restaurant & Bar < 20,000> < 13,500>
Adjusted Income $1,408,200 $l,22S,l23
EXPENDITURES
As per budget $1,405,300 $1,382,259
Less: Share/Administrative Cost < 26,200> < 26,200>
Transfer < 2l,900> < 2l,900>
Debt Service < 354,800> < 354,800>
Depreciation < 5l,000> < 51,000>
Adjusted Expenditures $ 951,400 $ 928,359
Adjusted Net Operating Income $ 456,800 $ 296,764
..--~-----_..__._--,..-
.
e) production costs;
f) telephone, mai I, facsimile and miscellaneous out-of-
pocket expenses.
All expenses will be itemized and submitted with receipts and
shall be billed at cost on a monthly basis.
In addition to the above stated payment, and incentive
payment based on net operating profit as calculated at the end -
~ l>-'
of the fiscal year ending September 30, 19 sèÍall be made.
The schedule of incentive payment herein follows and shall only
be paid if conditions listed are met:
. .
10% of net operating profit between $456,800 - $499,999
. . 12.5% of net operating profit between $500,000 - $524,999
15.0% of net operating profit between $525,000 - $549,999
17.5% of net operating profit between $550,000 - Over
Conditions
1. Completion of the Decade of Excellence Bond Program
Capital Improvement Plan by March 31, 1991.
2. Completion of 40% of the bond construction projects by
September 30, 1991.
3. Favorable cooperation with City staff as determined by the
Ci ty f<Ianager.
4. Overall player satisfaction with pro shop service and
course condition as determined by written complaints to
the City Manager. (Unresolved by Course Manager).
5. Generally improved course condition as determined by the
City Manager, meeting at a minimum the following
standards:
A. No weeds in the greens.
B. No more than 10% weed coverage on the tees and in the
defined fairways.
-3-
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~J. t11 w~~c. I .:> urrll.-I:. It.L NO. 4Ur 218 4755 Dee 06,91 17:38 P.02
.
.
ADDENDUM. NO. 3 TO MANAGEMENT AGREEMENT
ThIs Addendum to the Management Agreement of January
"
1, 1991, 1s entered 1nto by and between the CITY OF DELRAY
.' -
BEACH, ~LORIDA (~;e1naft~r ref~rred to -as "C1ty") and·· DUBIN . .. ~
'oj.
~ASSOCIATESt INC. (hereinafter referred to as "Dub1n") on 1:hlS
____ day of Dece~er, 1991. . .
W I ·T N E ·S SET H:
WHEREAS, the City and. Dubin covenant and agree to
amend and modify the Management Agreement entered into on
January 1, 1991 in order to pJ;'ovide for the payment of a
. . . -
performance bonus to Dubin.
-. .
WHEREAS, the City clas·ad the De~ray Beach municipal
. .
golf colirse for approximately three months in order to under-
.~.:r~cc..w"""",:
take improvements to·the golf course, and as a result the golf
course did not produce any revenue during that time.
WHEREAS, the city recognizes that closure of the
course was not contemplated at the ~ime the part1es entered
into the Management Agreement, and if the course had not be~n
closed, the City would have paid Dubin a greater incentive
payment. --
NOW, THEREFORE, in consideration of the mutual
_" 0" --
covenant8, 8tipulations and agreements herein contained, the
parties agree as follows:
1. The recitations referred to above are hereby
incorporated herein.
. . . --., ...... , ..,. ,-,I ..I..'-'~ 1 l-l- I1U· ,,-+1..) I ~IO ~(~~ vec uo,~l 1(:38 P.u3
- - . .
- .
.
2. Notwithstanding the payment provisions contained
in paragraph 6 of the Management Agreement, the City Commission
may grant a performance payment upon written request from the
Contractor prior to December 1 of the contract year.
Consideration for the performance payment would be due to
unforeseen circumstances atfecting the· .~et profl~ calculation, ..
.....~~ .--. . .-. ._=- . .,~.
\. such filS cour8e closure due· to . storm damage or capital
,.
improvements.
3. The provisions ·of this Addendum 'shall apply
retroactively to the Management Agreement as of January 1,
1991.
4. All the terms and conditions of the Management
-Agreement of January 1, 1991, ~he Addendum No. 1 of October 10,
1991 and the Addendum.. No. 2 of December -' 1991 not in
conflict with the aforementioned conditions. of this Addendum to
---
. "r.t:~.+oManagement Agreement of January 1, 1991 remain in f-tJd.d.,~
.
force and effect.
IN WITNESS WHEREO~, the parties hereto have set their
hands, the day and yeår first above written.
!
WITNESS: DUBIN ASSOCIATES, INC.
BRAHM DUBIN, VICE PRESIDENT I
... i
WITNESS: CITY OF DELRAY BEACH
--- ... ""::'- -. . .--_.. _.
City Clerk Mayor :
Approved as to Form:
City Attorney
2
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MEMORANDUM ,¡:J1JJS -r 'f¡:¡ If h
TO: MAYOR AND CITY COMMISSIONERS (. /IfIÐ J,ssw/tIJ<¡)
FROM: CITY MANAGER (.ill.
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991
FORMER ENCLAVE IMPROVEMENTS/AWARD OF CONTRACTS
DATE: December 6, 1991 ~
This item is before you to~etermine whether ductile iron or PVC
pipes should be used to mak water and sewer improvements in former
enclaves located on Lake Ida ~, Germantown Road, and North Federal
Highway; award the bid for the construction improvements, Man-Con,
Inc. (Lake Ida Road and Germantown Road) in the amount $1,564,306.20
and Gateway Construction (North Federal Highway) in the amount of
$1,238,905; and, approve a budget transfer in the amount of
$328,476.20.
With regard to the first item, on staff's recommendation Class 52
ductile iron piping was specified in the base bid for this project.
The impetus for this recommendation was the City's past use of this
material and the proven durability of this material during adverse
conditions. If the City elects to substitute either Class 50
ductile iron or AWWA C-900 PVC piping for the pressure piping on the
project, based upon the bids received, the total contract amount
could be reduced by $25,594.40 (Class 50 DIP) , or $91,806 (C-900
PVC) . Likewise, the North Federal Highway project could be reduced
by $5,100 (Class 50 DIP), or $47,000 (C-900 PVC).
Secondly, it appears that the apparent lowest total project cost can
be achi eved by awarding two separate contracts. The bid by Man Con,
Inc. , for the Lake Ida Road and Germantown Road areas, in the amount
of $1,564,306.20, plus the bid by Gateway, for North Federal Highway,
in the amount of $1,238,905 total $2,803,211 which is approximately
$1,022,593 below the estimated total cost for this project.
Lastly, in conjunction with the bid award, staff has requested
authorization to transfer $328,476.40 from the 1991 Water and Sewer
Revenue Bond Non-Operating Contingency (Account No.
447-6111-581-90.11) to 1991 Water and Sewer Revenue Bond Enclave
Water/Sanitary Sewer (Account No. 447-5167-536-60.31). Ida¥~ and
Recommend awarding the bid to Man-Con, Inc. (Lake
Germantown Road) in the amount $1,564,306.20 and Gateway Construction
(North Federal Highway) in the amount of $1,238,905 using Class 52
ductile iron pipe; and, approve a budget transfer in the amount of
$328,476.20 from the 1991 Water and Sewer Revenue Bond Non-Operating
Contingency (Account No. 447-6111-581-90.11) to 1991 Water and Sewer
Revenue Bond Enclave Water/Sanitary Sewer (Account No.
447-5167-536-60.31).
, ~
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._._~-".
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®- 51 _15"- G
Engineers
- Planners
~ Economists
- Scientists
October 30, 1991
SEF30787.DO
Mr. William.H. Greenwood
Director of Environmental Services
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Greenwood:
Subject: Provision of Water and Sewer Service to the Former Enclave
Areas - Lake Ida, Germantown, North Federal Highway Areas
Service Authorization No.4
Four bids were received on October 25, 1991, for the subject project. All bids are
responsible and in the proper form. Minor arithmetic errors, which do not affect
the outcome, have been corrected on the attached bid tabulations.
Man Con, Inc. of Pompano Beach, Florida was the low bidder for the total project
(Schedule E), in the amount of $2,859,950. This is below our cost opinion of
$3,825,804. If the City elects to substitute either Class 50 ductile iron or A WW A
C-900 PYC for the pressure piping on the project, the total amount will be
reduced by $25,594.40, or $91,806, respectively. An award to Man Con for
Schedule E could produce a bid protest from Gateway Construction Company,
however.
Gateway Construction Company of Pompano Beach, Florida was the low bidder
for the North Federal Highway Area only (Schedule B), in the amount of
$1,238,905. This is below our cost opinion of $1,681,894. If the City elects to
substitute either Class 50 ductile iron or A WW A C-900 PYC for the pressure
piping on this portion of the project, the amount for Schedule B will be reduced
by $5,100, or $47,000, respectively.
The apparent lowest total project cost to the City can be achieved by awarding
two separate contracts, one to Man Con for the Lake Ida and Germantown
Enclaves, and one to Gateway for the North Federal Highway Enclave. This will
CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive. Suite 350 305.426.4008
Deerfield Beach. Florida 33441 407.737.6665
e e . ,
Mr. William H. Greenwood
Page 2
October 30, 1991
SEF30787.DO
result in a total project cost of $2,803,211, without consideration for alternate pipe
selection. We do not recommend implementation of alternate pipe selection.
The base bids are well below our cost opinion and in discussions with you, the
City's preferred pressure pipe material is Class 52 ductile iron, the City standard.
We feel the slight additional cost is warranted due to long-term durability of the
material and to maintain uniformity throughout the distribution system. We will
also need to renegotiate the fee for engineering services during construction,
which we estimate will be increased by approximately $30,000, due to the
increased effort necessary to administer two separate construction contracts.
We have checked references of Man Con and Gateway and found that they have
successfully completed work of a similar nature, including City projects. We
recommend that the City accept the bid or combination of bids which will fit the
City's budgetary limits and will best serve the City's interest, in accordance with
the bidding documents.
Please call if you have any questions.
Sincerely,
CH2M HILL
ßJC~
Brian A. Shields, P .E.
Project Manager
dbt120/016.51
Enclosures
cc: Ted Glas/City of Delray Beach
John Curtiss/CH2M HILL
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¿ _ Engineers
. _ Planners
Å’:I!1l1l1I EconomIsts
_ Scientists
November 19, 1991
SEF30787.D1
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Subject: Provision of Water and Sewer Service to the Former Enclave Areas
Service Authorization No.4
In response to your letter dated November 12, 1991, regarding the advantages of
using ductile iron over C900 PVC for the pressure piping on the subject project, the
following are the relative advantages of one material relative to the other, as
discussed in the literature and based on our experience:
1. Ductile Iron
· Current City standard, compatible with existing stockpiled spare
materials and installation and repair experiences of City crews
· Lower thermal coefficient of expansion
· Greater factor of safety against internal pressures and externalloads~
including beam strength and resistance to crushing
· Higher tensile strength
· Less dependent on installation procedures
· Less subject to damage from surge pres~urès and cyc1icalloading
· Larger internal diameter for the same nominal size
CH2,....1 HIL~ SQuthBosf florid" Offlçe ,Yil/söoro Ëxecurlve Center N(}rrt\ SOO FofrwOY Drl.8, S:.¿ite 350 3C5.';26.4CCB
f)4,Q~;~ ',-J ~OI"f.....Þ-: ,~ir":,Ir1t'~ ,11...1~ 1 ~:., 7 i" ~ ,Á':'';':;
,. -.....
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· ~ot subject to weakening of pipe wall from scratching or gouging
· Not affected adversely by sunlight
· More easily located by repair crews with conventional meta] detectors
2. Polyvinyl Chloride (PVC)
· No internal lining necessary
· No external protection required against corrosion
· Less frictional resistance to now
· Lower initial cost
· Lighter weight
· More flexible
We specify and approve either material, but generally our cliems have a standard or
preference based on the above and their own experience, for example, the greater -
resistance to crushing and weakening from gouging of ductile iron pipe may be seen
as offsetting the lower initial cost of PVc. If you have any questions, please cal1 me.
Sincerely,
CH2M HILL
f3-.-~
Brian A. Shields, P .E.
Project Manager
dbt120/023.51
cc: Bill GreenwoodlDelray Beach
George Abou-J 80udeIDelray Beach
John Curtiss/CH2M HILL
"---" "..----- ....--
·
M E M 0 RAN DUM
TO: David T. Harden
City Manager
FROM: George Abou-Jaoude
Deputy Director of Environmental Services/P.U.
SUBJ: BID AWARD/ENCLAVE/WATER & SEWER
PROJECT # 91-25
DATE: November 11, 1991
Attached please find recommendation, bid tabulation and
tentative .awards to the project stated above.
Staff agrees with CH2M Hill recommendation to award Man-Con
for Lake Ida and Germantown enclaves and Gateway for the North
Federal Highway enclave.
GATEWAY MAN-CON
North Federal 1,238,905.00
Germantown 824,478.20
Lake Ida 739,828.00
SUBTOTAL: 1,238,905.00 1,564,306.20
TOTAL: $2,803,211.20
CH2M Hill COST ESTIMATE: $3,825,804.00
Funding: Account 447-5167-536-60.31 Balance: $2,474,735.00
We recommend transfer $328,476.20 from account 447-6111-581-
90.11, contingency. Please review and advise.
Environmental Services/P.U.
GA/pw
cc: Memos To City Manager
FILE; project 91-25 Dj (Bid)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 111
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 10, 1991
SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING
DATE: December 6, 1991
This item is before you to approve Service Authorization No. 3 to the
contract with Eckler Engineering, in the amount of $16,411, to design
a new pump station and reroute the gravity collection system from
Lift Station #86 to a new pump station site in order to accommodate a
new middle school on the northeast corner of Atlantic Avenue and
Barwick Road.
The scope of service for this authorization provides that the
consultant will design a new pump station and force main to connect
to the existing force main within Barwick Road and design the
rerouting of the gravity collection system on Grove Drive to the new
pump station. Plans will also be developed for the removal of
equipment from Lift Station #86, which will be converted into a
manhole, and connecting the new gravity collection system to the old
Lift Station #86.
Recommend approval of Service Authorization No. 3 in the amount of
$16,411 with funding from Water and Sewer Renewal and Replacement
Capital Outlay/Lift Station Conversion (Account No.
442-5178-536-61.83).
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Agenda Item No.:
AGENDA REQUEST
Date: 12/02/91
Request to be placed on:'
X Regular Agenda Special Agenda Horkshop Agenda
When: December 10. 1991
Description of agenda item (who, what, where, how much): Staff request
approval Authorization #3 to Eckler Engineering for the design of lift station #86/
Barwick Middle School. Design Services $12,066.75 - Construction Service $4.344.35
Total Amount' $11t411010 - Fund~442-5178-536-61083 P~#91-75
W S. (dì1\Q \ÅtÞ t ~ ~~ ~ ()ù: ~ (\.é)'\..'( ~ if
<tI -H:»01
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommend approval to Eckler Engineering for Authorization
#3 to design lift station #86 Amount $16.411.10
;.,.
Department Head Signature: r1-A-
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
.
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ECKLER ENGINEERING
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: November 13. 1991
SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 442-5178-536~61.83
PROJECf NO.: 91~O75 CITY 215.C1 ECKLER ENGINEERING
TITLE: Lift Station #86 Replacement
This SeIVÎce Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated November 6, 1991, between the City of Delray Beach
and Eckler Engineering.
I. PROJECT DESCRIPTION
Lift Station #86 Replacement
The City of Delray Beach currently owns and operates lift station #86 located on
Grove Drive just west of Barwick Road and north of Atlantic Avenue. The School
Board of Palm Beach County is building a new middle school on the northeast
corner of the intersection of Atlantic Avenue and Barwick Road. This school is
Barwick Middle School. The School Board has granted an easement to the City of
Delray Beach in the northwest corner of the school property. This new pump
station will replace lift station #86 and will be able to accept flows from the existing
collection area plus the new school site. The project will involve the design of a new
pump station and the rerouting of the gravity collection system from lift station #86
to the new pump station site.
II. SCOPE OF SERVICES
The Consultant shall provide a complete design of the pump station and force main
to connect to the existing force main within Barwick Road and for the rerouting of
the gravity collection system on Grove Drive to the new pump station. Also, plans
will be developed for the removal of equipment from lift station #86 and connecting
the new gravity collection system to the old lift station #86. The work shall include
the following:
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Task 1 - Administration: Administration of the project includes project set-up, client
interface, interface and coordination with sUlVeying subcontractor, quality control
and invoicing.
Task 2 - Field Visit: The Engineer shall visit the project site to review the
conditions of the existing facilities and the location of the proposed facilities.
Task 3 - Collect and Review Existing Data: The Engineer shall collect and review
existing data on the pump station flows, proposed pump station flows, pump station
depth and force main pressures. The Engineer will perform an analysis of this data
and prepare calculations for the development of a basis for design. This information
shall be submitted to the City and reviewed by the City prior to beginning design.
Task 4 - Pump Station, Gravity and Force Main Design: Engineer shall prepare the
drawings required for the construction of the new pump station to include a site
plan, structural, mechanical, electrical and detail drawings. The Engineer shall also
provide drawings to convert the existing lift station #86 to a manhole and route the
gravity collection system from Grove Drive to the new pump station. Details
showing the connection of the pump station to the force main shall also be provided.
Task 5 - Prepare Specifications: The Engineer shall prepare a set of bidding and
Contract Documents utilizing the Contract Forms provided by the City of Delray
Beach. Technical specifications shall be prepared in the Construction Specification
Institute format.
Task 6 - Submit and Review with City: The Engineer shall submit the preliminary
drawings and specifications to the City for their review. A review meeting shall be
established to discuss the design and specifications and to receive the comments
from the City.
Task 7 - Prepare Revisions from Review: The Engineer shall incorporate agreed
upon revisions made to the drawings and specifications by the City.
Task 8 - Prepare Permit Applications: The Engineer shall prepare permit
applications and provide assistance in obtaining appropriate approvals and permits.
The Engineer shall also provide necessary sUlVeying seIVices to determine the depth
and location of existing facilities as well. as the location of the easement granted by
the School Board. A legal description for an easement along Grove Drive which
will incorporate existing lift station #86 and the connecting gravity collection line
will be prepared for signature by the City and property owner.
The Engineer shall provide construction seIVices during the construction of this
pro~ect. This work shall include:
I~q
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Task 1 - Bidding Services and Addenda: The Engineer shall answer questions raised
by potential bidders during the bidding phase and prepare and necessary addenda
to the Contract Documents.
Task 2 - Bid Opening: The Engineer shall attend the bid opening.
Task 3 - Bid Review, Tabulation and Recommendation of Award: The Engineer
will review the bids received, tabulate the price breakdown and make a
recommendation of the award of the Contract to the lowest, responsive, responsible
bidder.
Task 4 - Preconstruction Conference: The Engineer shall attend the preconstruction
conference to review construction procedures with the selected Contractor and City.
The Engineer shall prepare and distribute minutes of this meeting to the Contractor
and City.
Task 5 - Shop Drawing Review: The Engineer shall review shop drawings for the
materials to be incorporated into this project and distribute copies to the Contractor
and Owner.
Task 6 - Site Visits: The Engineer shall make a maximum of 5 site visits to the
project during construction to review the progress and quality of the work and to
answer questions during construction.
Task 7 - Review Pay Requests: The Engineer shall review partial and final pay
requests and make a recommendation to the City for payment based upon the site
visits and discussions with the City personnel.
Task 8 - Certification and Record Drawings: The Engineer shall certify the
completion of the project in substantial agreement with the Contract Documents to
the appropriate permitting agencies and to the City and provide record drawings to
the City based upon information provided by the Contractor.
The CITY shall:
1. Provide the legal description for the new pump station site from the Palm
Beach County School Board.
2. Provide all flow data from the existing pump station which is available
through the City's telemetry collection system.
3. Provide any standard pump station details, required specifications and
telemetry data.
4. Provide pressures in the force main to which this pump station will connect.
""f
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5. Provide locations of the force main where the connection is to be made by
potholing and providing a 2-inch PVC pipe to the top of the force main so
that a location and elevation can be record by the Engineer.
6. Provide the City of Delray Beach standard contract documents 'to include
Invitation to Bid, Instructions· to Bidders, Bid Form, Bid Bond Form,
Contract Form, Performance and Payment Bond Forms, General Conditions
and Supplementary General Conditions. Also provide any other standard
specification document forms utilized by the City.
7. Pay all permit fees.
8. Make all copies of drawings and specifications for bidding and construction
use.
9. Send bidding documents to prospective bidders and keep bid list.
10. Provide day-to-day construction observation.
III. BUDGET
DESIGN SERVICES - This proposal is made in accordance with Section VII -
COMPENSATION, Paragraph ~ Method 1 - lump sum, page 17 of the
AGREEMENT. The design phase ends upon advertising the project for receipt of
bids.
Task Description Title Hours Rate Amount Total
1. Administration principal 3 $30.00 $ 90.00
Engineer 1 4 $15.00 $ 60.00
Secretary 2 $ 9.65 $ 19.30
Subtotal $ 169.30
2. Field Visit Principal 4 $30.00 $ 120.00
Engineer 1 4 $15.00 $ 60.00
Subtotal $ 180.00
3. Collect & Review Principal 2 $30.00 $ 60.00
Existing Data Engineer 1 12 $15.00 $ 180.00
Secretary 2 $ 9.65 $ 19.30
Subtotal $ 259.30
4. Pump Station, Principal 8 $30.00 $ 240.00
Gravity & Force Engineer 1 16 $15.00 $ 240.00
Main Design Technician 4 52 $27.00 $1,404.00
Secretary 2 $ 9.65 S 19.30
Subtotal $1,903.30
5. Prepare Principal 4 $30.00 $ 120.00
Specifications Engineer 1 24 $15.00 $ 360.00
Secretary 16 $ 9.65 $ 154.40
Subtotal $ 634.40
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Task Description Title ~ Rate . Amount Total
6. Submit & Review Principal 4 $30.00 $ 120.00
Engineer 1 4 $15.00 S 60.00
Subtotal $ 180.00
7. Prepare Revisions Engineer 1 2 $15.00 $ 30.00
from Review Technician 4 6 $27.00 $ 162.00
Secretary 2 $ 9.65 S 19.30
Subtotal $ 211.30
8. Prepare Permits Principal 1 $30.00 $ 30.00
Engineer 1 2 $15.00 $ 30.00
Secretary 1 $ 9.65 S 9.65
Subtotal $ 69.65
SUBTOTAL $3,607.25
Labor x 3 - $3,607.25 x 3 $10,821.75
SUBCONTRACT
Surveying 10 $75.00 $ 750.00
Legal description & sketch of easement S 250.00
Subtotal $1,000.00
Subcontract x 1.10 - $1,000.00 x 1.10 $ 1,100.00
EXPENSES
Telephone $ 20.00
Postage $ 10.00
Mileage $ 65.00
Photocopy/Blueprints S 50.00
SUBTOTAL $ 145.00 $ 145.00
DBSIGN TOTAL $12,066.75
CONSTRUCTION SERVICES - The construction portion of this proposal is made in accordance with
Section VII - COMPENSATION, Paragraph A, Method 2 - Time Charges Not To Exceed Budgeted
Amount, page 17 of the AGREEMENT.
Task Description Ti.tle Hours Rate Amount Total
1- Bidding Services principal 1 $30.00 $ 30.00
& Addenda Eng!neer 1 2 $15.00 $ 30.00
Secretary 2 $ 9.65 S 19.30
Subtotal $ 79.30
2. Bid Opening Engineer 1 4 $15.00 S 60.00
Subtotal $ 60.00
3. Bid Review, Principal 1 $30.00 $ 30.00
Tabulation & Engineer 1 4 $15.00 $ 60.00
Recommendation Secretary 2 $ 9.65 S 19.30
Award
Subtotal $ 109.30
4. Preconstruct ion Principal 4 $30.00 $ 120.00
Conference Engineer 1 4 $15.00 $ 60.00
Secretary 2 $ 9.65 S 19.30
Subtotal $ 199.30
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Task Description Title Hours Rate Amount Total
5. Shop Drawing Principal 1 $30.00 $ 30.00
Review Engineer 1 2 $15.00 $ 30.00
Secretary 2 $ 9.65 S 19.30
Subtotal $ 79.30
6. Site Visits Principal 4 $30.00 $ 120.00
Engineer 1 16 $15.00 S 240.00
Subtotal $ 360.00
7. Review Pay Principal 2 $30.00 $ 60.00
Requests Engineer 1 4 $15.00 $ 60.00
Secretary 4 $ 9.65 S 38.60
Subtotal $ 158.60
8. Certification & Principal 1 $30.00 $ 30.00
Record Drawings Engineer 1 4 $15.00 $ 60.00
Technician 4 8 $27.00 $ 216.00
Secretary 1 $ 9.65 S 9.65
Subtotal $ 315.65
SUBTOTAL $1,361.45
Labor x 3 - $1,361.45 x 3 $ 4,084.35
EXPENSES
Telephone $ 20.00
Postage $ 10.00
Mileage 500 x $ .26 $ 130.00
Photocopy/Blueprints $ 100.00
SUBTOTAL $ 260.00 $ 260.00
CONSTRUCTION SERVICES TOTAL $ 4,344.35
IV. COMPLETION DATE
The design report shall be complete and permits applied for within 60 days of receiving a
signed Service Authorization or no more than 45 days after receiving the necessary data
from the City of Delray Beach as outlined in this Service Authorization.
This SelVice Authorization is approved contingent upon the CITYts acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous Service Authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or Service Authorizationt the
CITY may terminate the contract without incurring any further liability. The
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.
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1"'1·'
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Approved by:
CITY OF DELRA Y BEACH: ECKLER ENGINEERING
Date Date II/IS/q¡
J)~,4.~
Signature Donald A Eckler, Owner
6~ ¡.¡~
Print Name Witness
Title Witn~ ~
Attest State of Florida
County of Broward
I HEREBY CERTIFY that on this date
Approved as to legal Sufficiency before me, an officer duly authorized in
~DK)~ the state and county named above to take
acknowledgements, persoITlly appeared
1)o~a\ð\ ~. C L.k e r: known
~'f::,T _ G-vt ~ to me to be the person in and who
executed the foregoing instrument, and
acknowledged before me thathefshe
executed the same.
SWORN TO AND SUBSCRffiED before
me this \5 day of r\NtNn ~ .
19 q \ .
~ ~J~
Notary Public .
My Commission Expires: 5 - J -9.3
~~T~~~f~:~J~ ~i:T£ OF FLORIDA ~
BONDED THRU GEN£RÅl~~J·u~993
. D.
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''';¡
~ MEMORANDUM
~TO' MAYOR AND CITY COMMISSIONERS
~ FROM: ( i"
CITY MANAGER ¡ t-
1 SUBJECT, AGENDA ITEM # qr - MEETING OF DECEMBER 10, 1991
SERVICE AUTHORIZATION NO. 7/HAZEN AND SAWYER, P.C.
'~ DATE: December 6, 1991
'-.oJ
~~This is a Service Authorization in the amount of $93,000 for design,
,,~ bidding, construction and other services necessary to design water
~distribution and sanitary sewer systems in former enclave areas (Gulf
~~.S1:;reamuEst-ate~, Seacrest Subdivision, Sudan - Unit A, Silver Terrace,
.IHo~e~ood pa~Lake Heights, and Del Raton Park.
The s-Cõpe-of service of this authorization consists of preparation of
specifications, contract drawings, permit applications, cost opinion,
assistance in bidding and services during construction for the above
improvements.
In addition to approval of the Service Authorization, staff is
requesting authorization to transfer funding from the 1991 Revenue
Bond Issue Non-Operating Contingency (Account No. 447-6111-581-90.11)
to 1991 Revenue Bond Enclave Water and Sewer (Account No.
447-5167-536-60.31).
Recommend approval of Service Authorization No. 7 to the contract
with Hazen and Sawer in the amount of $93,000 and approve the
transfer of funding as indicated above.
[II'"" .-C1::1-' '31 THU 1t:,: 31 I D: DELRRY ENlJ. SERl) I CES TEL t10: 407-243-7[16[1 t:l757 F'[Q
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Agenda. I t em No _.d___
AGE~A RgQ!!EST
Date: Deçember,.i....19:i.l
Request to he placed on;'
'x ~gl~lsen~. Agend" C'pe~ial Age'"'da T.T_-.....·V~\-;._... !..~p_._:_,
..i.....' ,{"",-a "'" ¥ (.. 41 "i!',..;+--.(\,,;;~'...,i__) 4i-d~' -''-.->-
P'T 1... __ I ..........
Wh en: 12 /1 (1/9]
Description of agenda ltem (who, ,,¡hat, ,.,...here, fO'..' m'..':f~h; Re{.:¡.v:s.;.~..~.~..;..
Comro1ssion to a'pprove_Servicc Authorization No. ì wiÜl1!.~en ,and S~~~?_'C.:_,_iJ,--_~l~__:
dDlollat Q f ..1.93,000. This authürizat iuu 1.s fl)[ plc1f e s s ional bervis:~-ª-_.fQL ttg'__RH:_U~'LUi
des1gTl, fina~l d~sign. ~~qjn9 snvices, ,~_~constru~':2Il serv1c~.!.__~5.s..:.__:)_e..?_tg}~_,!~~L·;j~E
-llil1&.L_dí~tribution and sãnita;-y s~~e.rs t:? the ~onner Enclav~ ars.£ls ~~f...Jtrpa:2.. E-,,'tift:H-;
Sea..~re8t Subdivision. SUDAN-unit A, Silver Ternice, Humewuuù Pdrk, Like' ~'t'ígL~", :).,.1 \i.-d''''
ORDINANCE/ RESOI.UTION REQUlRED~ YES/NO Drdf+: }!.':'tac!:"~cj· YF:.5 :~C ?drk.
!'.e(;lle~~t transfer of $93,000 from 447,"6111-581-90.11.
Fee omme nd a t.l. on: _ St_tl f f re cOnìmendg Çl~LCommis s i on _~P1.:'?··;."'_~I v Ü e_ Au l''c'''~~Ü dJ:1:.:2l'.
:~:':J 7~.'.áth..Jiiti.en and Sawyer.. P.C. Fundiil? soulC:(:_IÕiJl~~IL_be frcmL'iiL::<:;16.7-5;}(,-H.
~ _ ._.u. _~~.~"_ Reque.st nansfcr ofJ93J OOQ_X!:·:'il.!~ '.'i;~(). 11- l-'·;(·.
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. "I·-~. deal] SlCJnatUte: _~1/~-:-~~~~t/_-Iz../S;.¡#~__________..
'11r)n of ConBistency with Comprehensive Plan.: ~___._~~.. "'T_" _._
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·
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 7 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE:
PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.)
TITLE: Provision of Water and/or Sewer Services to the former Enclave areas - Gulf
Stream Estates. Seacrest Subdivision. SUDAN - Unit A. Sllverterrace. Homewood
Park. Lake Helahts. Del Raton Park
I. PROJECT DESCRIPTION
This Service Authorization represents the provision of water and/or sewer services to enclave
listed above under title. The scope of this Service Authorization Is, but not limited to: preparation
of specifications, contract drawings, permit applications, cost opinion, assistance In bidding and
services during construction for above certified Improvements.
II. SCOPE OF SERVICES
CONSULTANT will provide specific services to the CITY In accordance with the following Task
descriptions:
Prellmlnarv Deslan Drawlnas and Construction Cost ODlnlon
CONSULTANT shall prepare preliminary design drawings and construction cost opinion
associated with the water and/or sewer services to be provided for the above listed enclave
areas. Preliminary Design drawings and construction cost opinions shall be in accordance with
Article III.B of the contract.
Deslan Phase Services
Under this phase of work, CONSULTANT shall provide design engineering services Including
the preparation of final design drawings, specifications and contract documents and related
services In accordance with Article III.C of the Contract.
CONSULTANT shall produce the final design drawings on standard 4-mil, 22-lnch by 34-lnch
mylar sheets. CONSULTANT shall prepare all drawings utilizing a CAD system. CONSULTANT
shall furnish, with the drawings, one set of CAD drawings files on IBM PC-AT formatted, magnetic
media compatible with AUTOCAD Version 10 (or later) for use by CITY.
Page 1 of 6
PROSC020.BCA:12-06-91
"';1
Services shall Include preparation of detailed final opinion of probable construction cost based
upon the completed final design drawings and specifications as approved by CITY. The estimate
shall reflect changes In scope incorporated during design reviews with CITY staff..
CONSULTANT shall be responsible for the coordination with CITY staff and departments, and
for the activities of the sub-consultants. Part of this function is to monitor progress of all staff
associated with the project and to Identify critical areas of concern which fall behind schedule.
CONSULTANT will maintain a detailed project schedule and take steps when necessary to
insure the project stays on schedule. CONSULTANT shall submit monthly project status reports
to CITY Including Primavera Project Planner updates on 3-1/2 Inch diskettes.
Permlttlna Services
A. Permit Applications
CONSULTANT shall prepare and submit, on behalf of CITY, construction permit applications
to the following regulatory agencies:
· State of Florida HRS (Health Department)
· State of Florida Department of Environmental Regulation
· City Building Department
Associated permit application fees shall be determined by CONSULTANT and paid by CITY.
Blddlna Ph.se Services
A. Bid Assistance
The CONSULTANT shall provide Bidding Phase Services In accordance with Article n.D of the
Contract.
CITY will utilize standard procurement procedures for the formal advertising and receipt of bids.
CONSULTANT will furnish 20 copies of final drawings and specifications for the City's use.
CONSULTANT will provide document mailing and pre-bld services, such as preparation of
advertisements for publication by the CITY, distribution of planholder lists, Issuing of addenda,
answering technical questions during the bidding period, attending the bid opening, evaluating
bids, and making a recommendation for award.
CONSULTANT will prepare 10 copies of conformed contract documents for execution by
Contractor and review executed Contract Documents and bonds before forwarding to the CITY
for execution.
Construction Period General Enalneerlna Services
CONSULTANT shall provide Construction Phase services in accordance with Article III.E of the
Contract.
Page 2 of 6
PROSC02O.BCA:12-06-91
CONSULTANT shall provide part time resident project representation through its Resident
Engineer and Engineering inspectors in accordance with Article III.F of the Contract. Part time
resident project representation shall be approximately four hours per day over an eight month
construction period up to a total of 680 labor hours of effort.
The CITY will provide material and soil testing and inspection services as required to assure
compliance with the construction documents. Also, CITY will utilize the services of a concrete
testing laboratory to perform concrete tests as detailed In the construction specifications and
deemed necessary by CONSULTANT. CONSULTANT shall not be responsible for the means,
methods and accuracy of material testing subcontractors.
Additional Services
Provide additional services relating to the provision of water and sewer services to the enclave
areas. These additional services may be required due to uncertainties discovered during survey,
solis, investigations, field verification of existing facilities and conditions, and potential property
or easement acquisitions. Services performed under this task will be on an as-dtrected basis In
accordance with a written Notice to Proceed from the City Manager. Each Notice to Proceed
issued shall contain the following information and requirements.
· A description of the work to be undertaken
· A budget establishing the amount of the fee to be paid in accordance with the
Agreemenl
· A time established for completion of the work.
ASSUMPTIONS
Work described herein is based upon the assumptions listed below. If conditions differ from those
assumed In a manner that will affect schedule or scope of work, CONSULTANT will advise the
CITY will advise the CITY in writing of the magnitude of the required adjustments. Changes in
completion schedule or compensation to the CONSULTANT will be as negotiated with the CITY.
1. CITY will provide to CONSULTANT record drawings of all existing facilities which shall
. serve as the basis for modifications Included in this project.
2. CITY will return to CONSULTANT within 10 working days after receipt from
CONSULTANT, one copy of the predeslgn layout and of the 50 percent and 80 percent
complete draft contract documents containing all comments to be considered for
incorporation Into the finai documents.
3. CONSULTANT has assumed that all water and sewer pipe line alignment Is within CITY
rights-of~way .
4. CITY will be responsible for acquisition, surveying, and legal description of easements of
property required for facilities.
Page 3 of 6
PROSC020.BCA:12-06-91
''''I
5. CITY will provide to CONSULTANT records on all existing pump stations, Impacted by the
enclave Improvements showing depth, horsepower, pump capacity and number of pumps.
6. CITY will observe the construction on a day~to-day basis and will provide the
CONSULTANT with Infonnatlon on a dally basis concerning the progress of the work.
The CITY will give prompt written notice to the CONSULTANT wherever CITY's staff
become aware of any actual or suspected defect In the work of the CONSULTANT will
have the maximum opportunity to mitigate any damages from such defect.
7. The wastewater in the enclave areas listed above will flow by gravity to the existing
collection systems in the area.
8. Redesign or rehabilitation of existing lift stations Is not Included In this scope of work.
9. Design of new 11ft stations Is not Included In this scope of work.
10. CONSULTANT has not Included preparation of operation and maintenance manuals or
startup services In this scope of work.
11. There are no railroad, canal, U.S., County or State highway crossways required.
12. Services during construction are based on a maximum of 6-month construction period.
III. BUDGET
The compensation for services provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work up to the following not to exceed cost for each phase.
Total
Preliminary Design and Construction Cost Opinion $ 10,000
Design Phase Services 43,900
Permitting Services 5,000
Bidding Phase Services 6,500
Construction Period Engineering Services 27,600
Additional Services (If authorized by City Manager) 20,000
Page 4 of 6
PROSC020.BCA:12-06-91
-- ___.u··~_·, .
. .
IV. COMPLETION DATE
CONSULTANT agrees to perform the services required herein within the following time periods
unless otherwise extended In writing by the CITY. Time as stated to herein refers to calendar
days from the date of execution of this SERVICE AUTHORIZATION.
Preliminary Design and Construction Cost Opinion 30 Days·
Design Phase SerVices 90 Days·
Permitting Services 120 Days·
Bidding Phase Services 150 Days·
Construction Pe~od Engineering Services 330 Days"
Additional Services As Negotiated
.. Based on no delays due to property acquisition.
Page 5 of 6
PROSC020.BCA:12·06-91
,~ "
· -
CITY OF DELRA Y BEACH
SERVICE AUTHORIZATION NO. ...:L
APPROVED BY THE CITY HAZEN AND SAWYER, P.C.
OF DELRAY BEACH
- DAY OF By
Gary W. Bors, P.E.
Vice President
CITY OF DELRA Y BEACH, a
municipal corporation of
the State of Florida ATTEST:
By: BEFORE ME, the foregoing Instrument, this
- day of 1991, was
acknowledged by Gary W. Bars, Vice
ATTEST: President on behalf of the Corporation and
said person executed the same free and
By: voluntarily for the purpose therein expressed.
City Clerk
APPROVED AS TO FORM:
By: WITNESS my hand and seal In the County and
City Attorney State aforesaid this day of ,
1991.
Notary Public
State of Florida
My Commission Expires:
(Seal)
Page 6 of 6
PROSC020.BCA:12-06-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~f
SUBJECT: AGENDA ITEM # C¡~ - MEETING OF DECEMBER 10, 1991
AWARD OF BID/TENNIS COURT LIGHTING
DATE: December 6, 1991
This item is before you to approve the award of bid to other than the
low bidder for the Tennis Court Lighting project. The two
low-bidders on the project were non-responsive in their bids in that
they did not indicate what products they were bidding. The third
low bidder, Ledbetter Electric, submitted a bid with nine less
total fixtures than any of the other manufacturers. General Electric
was the supplier. Our consultant met with General Electric
representatives in order to obtain independent lab reports and
documentation on the computer program used to generate the
photometric report. This information was needed in order to
determine whether an equal amount of lumens could be achieved with
less fixtures. He was unable to obtain this information; and
therefore, does not recommend award of the bid to Ledbetter Electric.
As, American Lighting Maintenance is the only bid with a complete
submittal, based on the specification requirements, staff recommends
that they be awarded the bid. American Lighting submitted two
options one for metal poles ($67,679) and one for concrete poles
($57,202). As it is possible that these lights may be relocated to
another site, staff recommends that we go with the metal poles, which
are easier to relocate.
Recommend approval of the award of bid to American Lighting
Maintenance in the amount of $67,679 with funding from 1987 Utility
Tax/Tennis Center Captial Outlay-Improvements Other (Account No.
333-4145-572-60.69).
~ -& ~ r/~ &Æ
-
-5-0
""1
'.
----"-----,,~,-_.__._<".,.-
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services 1/)/
FROM: Ted Glas, Purchasing Officer
DATE: December S, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 10, 1991 - BID AWARD - BID #92-07
LIGHTING OF MUNICIPAL TENNIS COURTS
Item Before City Commission:
The City Commission is requested to award contract to low responsive
bidder Basic Lighting Maintenance, Inc. d/b/a, American Lighting
Maintenance, at a total cost of $67,679. Per the Budget Office,
funding is from :
( ) .
Background:
Funds were allocated in the FY 91-92 budget for new lights at the
municipal tennis courts. A total of $ was budgeted
for this project.
Scope of Service - Furnishing all materials, labor, equipment and
services for the complete construction and installation of tennis
court lighting per plans and specifications prepared by Thompson
Engineering Consultants.
Bids for this project were received on November 22, 1991 from four (4)
contractors, all in accordance with City purchasing procedures.
(Bid 1192-07. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your rêview.
The three (3) lowest bids do not meet City specifications and are
therefore unresponsive, per attached letters from Thompson
Engineering Consultants.
The Director of Parks & Recreation has reviewed the bids, and
recommends award to the low bidder meeting the specifications, Basic
Lighting Maintenance, Inc. d/b/a American Lighting Maintenance at a
cost of $67,679.
Recommendation:
Staff recommends award to the low responsive bidder Basic Lighting
Maintenance, Inc. d/b/a American Lighting Maintenance, at a total
cost of $67,679. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Director of Parks & Recreation
Recommendation from Thompson Engineering Consultants
pc Joe Weldon
,,',I
- '
v- .' .j ..:", \...._,
- ,
MEMORANDUM
TO: Ted Glas
Purchasing Director
FROM: Joe Weldon
Parks and Recreation Director
SUBJECT: BID # 92-07 TENNIS CENTER LIGHTS
DATE: December 5, 1991
Attached please find the spread sheet for bid # 92-07 opened on November
22, 1991 for tennis lights at the municipal tennis courts. Attached are
two (2) letters from Thompson Engineering Consultants who are the
electrical engineer hired to prepare the lighting specification and make
recommendations for bid award. As noted, Mr. Thompson indicated that the
two lowest bidders, Power Associates, Inc. and Edwards Electric
Corporations were non-responsive in there bids in that they did not
indicate what products they bid. Additionally, Mr. Thompson indicates
that the third lowest bidder, Ledbetter Electric, uses 9 less total
fixtures than any of the other manufactures and doesn't see how the
necessary lighting level can be maintained. Mr. Thompson met with the
General Electric lighting representative, the product bid by Ledbetter
Electric, to try and obtain the independent test lab report and
documentation on the computer program used to generate the photometric
report. He was unable to obtain this information and therefore does not
recommend this bid.
Mr. Thompson recommends the bid be .awarded to the high bidder, American
Lighting Maintenance, in the amount of $67,679.00. As you know we
specified poles that could be relocated to our new tennis center once
its location is determined. American Lighting bid as an alternate
concrete poles for- a total of $57,202.00. These are not as easily
relocated as the metal poles and I concur with Mr. Thompson and
re~commend th.e.b.id.. be awarded to American Lighting for $67,679.00.
. -) (! r) )
'"( C~,j -<- \-Jh-/.-"
Jo Weldon
Di~ ctor·of Parks and Recreation
~'
JW:giv
cc: David Harden-City Manager
,
REF: TENCTRLT.DOC
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THOMPSON ENGINEERING CoNSUL TANTS
December 4, 1991
City of Delray Beach
Parks and Recreation Department
50 Northwest 1st Avenue
Delray Beach, Florida 33444
Atten: Mr. Joe Weldon, Director
Re: Lighting of Municipal Tennis Courts
Dear Mr. Weldon:
As you know from our previous correspondence, I had some
serious problems with the bid proposal of Ledbetter Electric.
In order to help clarify some of these problems I met with Mr.
Steve Kosowsky of Power and Lighting Systems, the local G.E.
lighting representative.
Although Mr. Kosowsky represented his product very well,
the Questions I have still remain. Including the irregularity
of the bid submittal (G.E. was not listed and did not provide ,
all of the required data in the bid, G.E. has a policy to not
have independent lighting tests because of this we must accept
the data given at face value. This is not fair to the other
bidders and does not give an independent starting point for
comparison. For example, we must take the manufacturers word
for it that the reflector is 64t efficient. It may very well
be, but without the test I cannot know that.
Also, the photometric report indicates that the
specifications and drawings are met with fewer fixtures than
specified. Because of the fact that we cannot confirm the test
data and that all other bidders submitted on nine (9) more
fixtures than G.E. proposes to use, I cannot approve the bid.
It is unfortunate that a good electrical contractor such
as Ledbetter used this unqualified manufacturer. I will call
you to discuss this ma era
~
Delray T.C.\det
ABREEZE AVENUE. SUITE 202 DELRAY BEACH, FLORIDA 33483
2.74-0200
_..._~---~----~._.~
1991 11:51 FROM - ,...
"-- . . . ---
...
.. GE U,ltting $yJt4m1
\,>\'1""
~ik(
ì li¡1ItÎ/Iß $rItfm _ftfr.~t
(;,,,,,11 !fIctrt Cøt1;/If
H~~ìIIf. NC 28738
12...03-91
TO: steve Kosowsky - Power Q ~19htin9 syste~s, Inc
COP~:
FROM: Mike Sauer - pro4uct Manaqer
SUBJECT: ~owr*Spot Photometric Test ~ata
steve, per our eonvarsation, it is not Gi Liqhtinq systems
normal policy to send out tor independent photQmetric test
data. All of our Photo~etric Test Programs were wri~~.n ~y
Bill Brackett, the owner ot !TE~. Hew ever, when we have ha4
outside te$t1nq done on our pro4uets the photo~etric.
qenerally comè back with 2' better total efficiency an4 a
little higher ca~dlepower. So we are tougher on oursêlve.
than the outside labs are. GE Li9htinq systems Itan~.
behind and guarantees the photometries wa pUblish.
If you do have a spec that requires independent test ~at.,
please teal free to call and w. will 4iscuss those requests
on an job by job basis.
If you have any questions, let roe ~new.
Se$t ~e9ards,
/I!Á
""I
MEMORANDUM -.
TO: Ted Glas
Purchasing Director
FROM: Joe Weldon
Parks and Recreation Director
SUBJECT: BID # 92-07 TENNIS CENTER LIGHTS
DATE: December 5, 1991
Attached please find the spread sheet for bid # 92-07 opened on November
22, 1991 for tennis lights at the municipal tennis courts. Attached are
two (2) letters from Thompson Engineering Consultants who are the
electrical engineer hired to prepare the lighting specification and make
recommendations for bid award. As noted, Mr. Thompson indicated that the
two lowest bidders, Power Associates, Inc. and Edwards Electric
corporations were non-responsive in there bids in that they did not
indicate what products they bid. Additionally, Mr. Thompson indicates
that the third lowest bidder, Ledbetter Electric, uses 9 less total
fixtures than any of the other manufactures and doesn't see how the
necessary lighting level can be maintained. Mr. Thompson met with the
General Electric lighting representative, the product bid by Ledbetter
~ Electric, to try and obtain the independent test lab report and
documentation on the computer program used to generate the photometric
report. He was unable to obtain this information and therefore does not
recommend this bid.
Mr. Thompson recommends the bid be .awarded to the high bidder, American
Lighting Maintenance, in the amount of $67,679.00. As you know we
specified poles that could be relocated to our new tennis center once
its location is determined. American Lighting bid as an alternate
concrete poles for a total of $57,202.00. These are not as easily
relocated as the metal poles and I concur with Mr. Thompson and
recommend the bid be awarded to American Lighting for $67,679.00.
~ cJ~j~JL~
Jo Weldon
Di, ctor of Parks and Recreation .
~'
Jw:giv
cc: David Harden-City Manager
REF: TENCTRLT.DOC
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CANDELA TRACES GrNUAL @EUCntC !
I i
LOWER V£RTICAL 8EAM UPPER VE1tTICAL teAM LIGHTING SYSTEMS JUStNESS DtPAATM£NT I ,
6~OO H£ND£RSONVILLE. N. C. U.S.A.. 28719
,,,... l1li...41 ~M.t ".JJ".'I"tlhYt
'III"'IEU'W~\ pe-..fe,..,u'lC:.. PHOTOMETRIC DATA
I
:3 5600
PER 1000 LAMP LUMENS
w
0 4800 . LUMINAIRE
z
ð POWERSPOT II
I «000 REFLECTOR 232748-07
>-
t: REFRACTOR CLR DOOR GLASS
(I) 3200 SOCKET FI XED
z /1 1\'
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DEGREES
VERTICAL - MARKED LINE HORIZONTAL - SOLID LINE I
I UMEN DISTRIBUTION - ISOCANDELA CURVES
AVG. LEFT AND RIGHT SIDES
HORllONTAL ANGLES - OEGREES -
~ 0 ~ 0 è5 20 !j 0 , 27
1~ .4.2 0.3 0,3 0.3 0.4 0.4 0.5 0.6 0.7 0.7 2.. ~ GENERAL INFORMATION I
,
- ~.o
15 5.4 0.3 0.3 0.3 0.4 0.5 0.6 ...Q-rl! 1.1 a: NEMÂ TYPE 4h x 3v I
- 21 ~
1.. . 8.2 0.3 0.3 0.4 0." 0.6 1.A'.9 L~ ~ 2.1 19 ~ BEAM SPREAD 43"VERT.
I-- ~B ....-r.9 50· HORtZ.
1~ 11.0 0.3 0.3 0.4 0.5 1.4 2.6 2.9
I-- )":'8 ~4 15 BEAM EFFICIENCY 5-4%
12 1-4.0 0.3 0.3 0.4 O.~ 1.2 2.~ 3.7 BEAM FLUX 538 LUMENS I
~ ~ o .j; ,A.6 l.A":1 12
11 ã 18.3 0.3 0.3 0.4 1.1 2.1 6.2 9 MAX CANDELA 3244
10- 0/.8 1/6 2.~ r~
2 ~ 24.6 0.3 0.3 0.4 6.7 L! 6 ~ BASED ON IES 1971 STANDARD I
~ 7 ¡;; 32.2 0.3 0.3 0.4 b.9 - 1.7 2/6 /e.5 r:i 11..4 a: OF ·10% MAX CANDELA I
1&1 3 ~
w_ ~
:E :3 34.!5 0.3 0.3 0.4 0.9 .8 ~.q 6.3 f4 12.1 o ~ PER 1000 LAMP LUMENS
3- I&.
0 2000
CIo z 200 400 ?oq 00 oJ I
:1- 0 o (,:I MULTIPLY ALL LUMEN AND CANDEI.A
:) :3 ~ 34.9 0.3 0.3 0.4 1.0 1.9 ~. j 6.5 þ.5 12.1 ~ VALUES BY THE FOLLOWING RATIO
~- ;;¡ -3 ..J
:I 33,6 0.3 0.3 0.4 ~.a .8 218 \5.5 l6 12.2 ð
7 ~ RATIO. ACTUAL LAMP UJMENS
- 0\7 1\6 - 2.\; \.7 ~ -6 ~ 1000
10 I 26.7 0.3 0.3 0.4 7.3 a:
! -9 ~
- o.~ 1.'5, 3:'9.
12 \II 21.8 0.3 0.3 0.3 2.3 5.9 6.9 TEST MADe IN ACCORDANCE WITH IES
2
- 3 I~.o ~1 ~ -12 APPROVED METHOD FOR PHOTO-
13 17.7 0.3 0.3 0.3 0.5 Ì'\.1.1 5.7
~ o~ ~ -15 METRIC TESTING OF FLOODLIGHTS
15 13.6 0.3 0.3 0.3 0.4 1.) 2.4 ~ -is ~ TESTED &1711 DATE f(-~'.9J-,
f--
46 6.9 0.3 0.3 0.3 0.4 0.5 ~9 1~ ~ 2~
5.2 0.2 0.3 0.3 0.3 0.4 0.5 ~ ....t.a..1 1.2 -21111 ~£¡
r 1 ~ . ~ APPROVE2/ ~ DATE JI."s-'D
3.6 0.2 0.3 0.3 0.3 0.4 0.4 0.5 0.6 0.6 -24 ~
-27 g ~~ '-DAn //':/01-10
4 7 ' ~.1 6 1 10.3 19.e 3L4 55.9 83.5 11111".
LUMeNS - SUMMATION OF VEFlTIÇAllONES OAAWIHG Il1O. AlvIa,OH
31.8131 4130.9130.3129.2 27.2124.j 18.5/10.2 35-i78389R
" !..AMP LUMENS 00
...., OI02.40l.
\
4
1
1
3() 1 Ùt):203
ENG
11-()5-
1(100
~IRST TEST Of A NEMA 3
SAME fIXTURE AS TEST 9010
\lEMA 3
:LR F'L T GLAS
800
fILT=NCNE
1 1000 2.6386 37 19 2 1 1 1 1
1 1 1500
-85 -75 -63 -55 -45 -42.5 -37.5 -35 -32.5 -27.5 -25 -22.5 -17.~ -15 -12.3 -7.5
-5 -2.5 0 2.5 5 7.5 12.5 15 17.5 22.5 23 27.5 32.3 35 37.5 42.5 45 5~ 65 75 85
) 2.5 5 7.5 12.5 15 17.5 22.5 25 27.5 32.5 35 37.5 42.5 43 55 65 73 85
) 1 :2 16 40 40 40 41 42 55 73 91 208 293 377 724 861 99g 907 9&0 921 8B2 485
385 28~ 159 111 64 44 41 37 37 36 24 :2 1 0
) 1 3 16 40 40 40 42 43 54 72 89 205 287 369 687 841 995 946 982 908 833 468
374 280 156 110 64 43 40 37 37 36 24 2 1 0 ~.
") 1 3 15 40 40 40 41 42 53 69 85 190 266 342 598 740 Ba3 883 902 809 717 423
343 262 142 103 62 42 40 38 36 36 24 :2 1 0
J 1 3 15 40 40 40 41 42 52 66 81 175 246 316 509 640 771 821 821 711 600 379
312 245 129 95 61 42 40 38 86 36 22 2 1 0
) 1 3 16 40 40 40 41 42 48 59 69 126 179 233 341 385 429 451 453 410 866 275
230 18& 92 74 55 41 39 38 36 36 19 3 1 0
) 1 3 16 40 40 41 41 41 46 34 62 104 145 18G 275 307 339 353 3~7 327 297 226
187 147 79 65 50 41 39 38 36 36 18 3 1 0
) 1 2 15 39 40 41 41 41 44 ~o 56 82 110 139 209 228 248 255 259 243 227 177 142
108 65 56 46 40 39 37 36 36 17 3 1 0
) 1 1 13 36 39 40 40 40 41 43 45 ~s 63 72 9a 109 120 126 129 120 110 82 72 61
48 44 41 38 38 37 36 35 15 2 1 0
) 1 1 12 35 38 39 39 39 40 41 42 48 53 59 74 81 87 90 92 87 81 66 59 53 44 42
39 38 37 36 36 35 14 2 1 0
o 1 1 10 32 37 39 39 39 39 39 39 41 44 46 51 53 55 35 55 54 52 49 47 44 40 39
38 37 36 36 36 32 12 2 1 0
o 1 2 7 27 31 36 36 37 37 37 37 36 36 37 38 38 39 39 39 39 39 38 38 37 36 36 36
86 35 35 32 27 8 2 1 0
J 1 2 6 24 29 34 35 36 36 36 36 3535 36 36 36 37 37 37 37 37 37 37 36 36 36 35
35 35 34 2~ 24 6 2 1 0
~ 1 2 5 20 26 32 33 34 35 35 35 34 34 34 34 35 35 35 36 36 36 36 36 36 36 35 35
35 34 33 25 20 5 2 1 0
) 1 1 4 12 16 23 26 28 31 32 33 34 34 34 34 84 34 35 36 36 36 36 36 36 36 34 33
29 26 24 16 11 4 1 0 0
) 1 1 3 a 11 17 20 22 26 28 29 31 32 32 33 33 33 34 35 35 35 34 34 33 31 30 28 ..-
24 22 18 11 7 3 1 0 0
o 0 1 2 3 4 7 8 9 13 14 15 18 19 20 22 23 23 24 23 23 22 21 20 19 16 15 13 10 9
743 1 100
) 0 1 122 2 2 2 222 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 110
~.o 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 1 1 1 1 1 1 1 1 0 0 0 0
o 0 0 0 001 1 1 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 000 0 0 0 0 000
-----.-------.., . ---... _.~ .'.-. ,..,,-.--
/' lO:66AM *THOMPSON &. ASSOC. P02 \
9 1
-
- ... ~.... -
- -- - WAC i
- -- "LUMBING
- - - -
- - -- ELECTRICAL
-
- -
- THOMPSON ENGINEtRING CONSUL rAÑTS ,
Nov12¡nber 26. 1991
City of Delra.y 'Bea.ch
Pa.rks &nd Recreation Department
50 N.W. 1st Avenue
Delray Beach, Florid~ :33444
~e: Tennis Complex Llghling
Altn: Mr. Joe Weldon. Director
Dear Mr. Weldon:
I've reviewed the tour (4) bids ta.ken on November 22, 1991
for the aQove proJect. and ha.ve the following comments.
1- Edward Electric Corp. a.pparently lowest bid did not
conform with the specificalion·in reg~rås to the
submittal requirements or section 16010. From t.heir :bid
torms I do not know what products a.re being bid.
Therefore, I recommenå re.jectin9 this bid. ..
2. The ~ower Associates, appa.rently the second lowest
bidder, did not conform with the .pecifications in
regards to the submittal requirement.s of sect-ion 16010.
On t.he bid torm Proposal sheet., hand wrilten is "a6
specified manut..ct.urer.... This does not comply wit.h
16010, "ITEMS TO BE SOBMITTED W.ITH BID". Therefore, I
recommend reject.ing this bid.
3 . Ledbet.ter Electric, the third lowest bidder has A
completé submission &8 required by specifications. My
problem with t.his 8u:bmission, which is based on General
Electric SpOTtS light.s, 18 t.hat G.~. uses nine (9) less
fixtures lOt.Al than any of lhe three manufacturers that
were list.ed on the plans. No maint.enance tact.or or lilt.
fa.ctor is listed on the photomet.ric report.. I ' It\
relucta.nt to approve this bid bec&use I do not see how a
s imi lar lighting level can be maint.ained with
considerãbly less lumens to start. with. To a.pprove t.his
proposa.l. I would need to see the rTL report a.nd
documentation on the computer program used to generat.e
the photomet.ric report.. Wit.hout this information. I
recommend rejection ot this biq.
4. American Lighting Maint.enance (ALM) , the highest bidder.
is the only bid with a complete submittal based on the
specification requirements. ALM indicated that Brooks
products questioned the concrete b&se that was specified
and has a memo from Brooks statin~ the base is too sm.all.
__~__ .. '" .......,.... _, t....... ___
>l<TKOMPSON a.. ASSOC. P03
9 1 10:66AM I
I
!
I &tte~pteå to call Brooks Products. Mr. Kea.ting the
aut.hor of t.he Mem.o is on vaca.t.1on for t.wo (2) weeks.
This Memo is contrary to information tha.t. I've received
on the required b&se size. Unfortunat.ely I ca.nnot:.
confirm t.his al this tim~.
It may be prudent. t.o ask ALM if they would provide an add
amount. for the heavier bases in ca.se it. is found t.o be
required.
Also ALM has proposed concrete pOles wit.h a considerable
deduct. amount of 510,477.00. This sesms like a. reasonable
cest difference bet.ween the two products. My concern would
be t.hat. t.he CQncret.e poles may not. be readily relocat.eable.
As you recall. ~hal was one of t.he design requirem.ents. We
have had project.s where it. wa.s nearly impossible t.o move a
direct buried concrete pole without. destroying the pole.
If the plans are still current. to sventually move t.he poles,
the concrete poles may not. be a good idea. It t.hey are not.
going to be moved in the future or it the deduct. locks good
to you. I would accept the concrele pcles for this project.
and assume that just t.he fixture. and some of the poles can
be moved at a lalter date it necessary.
For the above reasons. I believe that. the best. bid is that of
ALM a.nd it. is in the best inlerest or the City to accept t.he
bid ot ALM. The only thing that would change my opinion .
would be if the GE submittal can prove the efficiency of
their product is 50% +1- more than several other
ma.nufa.cturers.
If you have any questions plea,e call.
ß::¡£~~
D8.n¡el E. Thompson. P.E. -¡---
DET/bb
-'
-_._---~....-."_..- .---"-'
§!}QE º~~l~~§
Submit shop drawings or fully descriptive catalog data 1.n
conformance with the general conditions. for items of material or
equipment supplied under this contract.
Shop drawings must be approved prior to purchase of equipment.
i §Iß@~BQ§
NFPA National Fire Protection Association
r ..t USAS United States of America Standards Institute
!
\ ASTM American Society for Testing and Materials
t ':
NEC National Electrical Code
r-i NEMA National Electrical Manufactures Association
1·--: UL Underwriters Laboratory
L__ : SBC Standard Building Code
U ~ltl~I1Qtl QE §11];
Contractor shall visit site and carefully examine existing
~ conditions. shall include in his bid costs which are incurred
through limitations of existing conditions.
ǺII1tl~ ß@ E~IÇHltl~
; Cutting and patching required for work in this èontract shall be
a.t the expense of the Electrical Contractor. All cutting and
patching of existing work for the work installed under this
section shall be by this contractor.
[; .l.4:~S TQ BE SUBMITI'ED WITH BY'C--
Failure to provide any of the following information will be
.. grounds fo~ rejection of the bid. each item listed below shall be
!{ provided in the form of clear -and concise statements and/or plans
¡ ~ .
Li,.: and drawings which can be easily read and clearly interpreted.
Each item sha.ll be clearly lettered to correspond with· the
!~
,.. following list. Items shall be bound in the order indicated with
~ index provided.
.
r- . 1. Layout drawing: Overall layout design showing luminaire
I ! quantity. and mounting heights. Provide this information only
,-
if different from the contract design layout. If bid is based
f ; on the design drawings so indicate in this section. Design
layout is based on "Hubbell".
LJ
2. Aiming Drawing: Luminaire aiming point plan showing focus
n points and reflector types.
0
U SECTION 16010 -2 ELECTRICAL SYSTEMS. GENERAL PROVISIONS
'''I
,
..-"'
¡
, , 3. Luminaire Assembly Drawing: If submittal is made on luminaire
assembly 4. complete drawing of luminaire assembly and
attachment to the pole. Drawing sha.ll show Slze, strengt.h,
type of material. coating of all components, and hardware to
meet the following:
l" ì
¡ i a. Entire assembly shall be capable of withstanding forces
_ i equal to 125 MPH wind levels with a. 1.3 gust factor with
out structural damage or misalignment of the luminaires
i l on the pole.
I ,
'--_ J
Wind Load Engineer's Certification - Certified engineer.
~ independent of manufacturer, shall certify, based on
structural calculations that luminaire assembly will
meet or exceed structural strength as described above.
, 1 b. All component surfaces of the completed assembly,
U except for the reflector, hardware and fasteners,
shall be coated with hot dipped galvanized ASTM A-
9 123. All hardware and fasteners shall be of an
approved corrosion resistant material or coating.
1 c. A removeable lens with silicone gasket shall be
attached to t.he reflector and shall be impact and
thermal resistant glass. The· lens rïm shall be
~ stainless steel and shall be attached to the
\ reflector with hinged cable or chain.
d. The manufacturer shall provide a mechanical
l_": positioning device for each luminaire on the
assembly which device shall be set at the factory
by t.he manufact.urer based upon comput.er calculat.ed
[1 a..iming informat.ion such t.hat. each assembly is
delivered t.o t.he job sit.e as one composit.e light.
source. The device shall provide posit.ions for the
init.ial inst.allat.ion and" provide for repositioning.
r¡ of t.he aiming aft.er relamping. The manufacturer
l~ shall also supply drawings showing lhe aiming point.
-
. localions of each luminaire.
I ! 4. Compuler Models - Field Light Values
D a. Manufacturer shall submit. a computer derived
lighting scan, with spill/glare control showing
point by point footcandle levels on the playing
surface. maximum to minimum ratio, number of
U luminaires and initial la.mp lumens of 110,000
lumens per lamp, with appropriate tilt factor and
0.80 ma.intenance factor. Scan shall show 3 courts
0 illuminated only. without practice wall or security
[ SECTION 16010 -3 ELECTRICAL SYSTEMS, GENERAL PROVISIONS
--.. ------------
lights. Scan shall show horizontal illumination
levels at 36" above surface for the entire 3 court
area. an area approximately 120' x 170' consisting
, i of 204 (min. ) locations overall, equally spaced on
a 10 ft. x 10 ft. grid.
b. Manufacturer 1S to submit with this computer
derived lighting scan, information on the number
and type of fixtures being used and kilowatt
consumption for the lighting system.
5. Computer Models - Extended Scans
rï Manufacturer shall furnish system to limit spill light.
LJ while maintaining the specified minimum court footcandle
requirements.
B a. A computer printout. shall be provided showing
vertical footcandles along the west property line,
] at 65' from existing west court fence. The valves
shall be calculated every 10 feet horizontally, 3'
above the ground. Maximum footcandle shall be 6.0.
., 6. Equipment Model· Numbers- Written stat.ement of model
j number and manufacturer for all equipment bid. Submit a
packet of descriptive literature on all equipment. bid,
as well as drawings and specifications of the luminaire
assembly.
7. Luminaire Assembly Warranty - Written warranty from the
manufacturer covering luminaire assembly and equipment
\
replacement policy.
[1 8. Aiming Alignment Warranty - Written warranty from the
J manufacturing company headquarters covering the aiming
alignment of the luminaire assembly.
[') 9. U.L. Listing - U.L. listing number shall be provided.
When man~facturer supplies a factory built assembly, the
entire assembly shall be U.L. listed. U.L. listing
f J shall be for wet locations.
, ~
- 10. Verification of Demonstrated Field Technology The
-
f T manufacturer must submit in writing documented proof
U showing a minimum of five (5) such similar lighting
projects within the state of Florida where the
U specifications outlined above for spill/glare control,
field illumination values, and energy consumption have
been met. Include the project name, contact person and
telephone numbers to reference such work.
f' 1I. Manufacturers Guarantee - The manufacturer shall submit
in writing a letter guaranteeing compliance as to the
0 above specifications. Written explanation shall be
SECTION 16010 -4 ELECTRICAL SYSTEMS, GENERAL PROVISIONS
U
: , provided prior to bidding as to specified criteria for
i I
which non-compliance is anticipated and an explanation
as to why the criteria should be waived. Manufacturer
r-j
. . shall guarantee that system, if installed in accordance
Li with manufacturers requirements. will meet or exceed the
specified lighting levels.
12. Energy Consumption Performance:
:1 a. The manufacturer shall guarantee that the maximum
i kilowatt consumption shall not exceed 50 KW for the
_ J required number of fixtures to meet t.he maintained
footcandle levels and spill and glare control
[J requirement.s as specified.
~gßMIIª ß~º ß~~BºYß~§
B All work performed under this contract shall comply with all
local and state codes having jurisdiction, and the
..-¡ requirements of Utility Companies whose services may be used.
U All modifications required by these codes, whether so
indicat.ed on the plans or in the specificat.ions or not. shall
1 be made by t.he cont.ractor at. no addit.ional charge.
Where code requirements are less t.han t.hose shown on the
1 plans or in t.he specifications, the plans- and specifications
,
! shall be followed.
,
The cont.ract.or shall obt.ain all permit.s, inspections and
q approvals from t.he authorit.ies having jurisdiction and bare
, -~ all cost of t.he same.
.
, ; fðBI ~_=_PRºººÇTS
,
~.
U Products shall be new ot domestic manufacture. All products shall
be complete when furnished. Furnish only those products which are
a.pproved. Any products delivered to t.he jOþ sit.e shall not be
a.ccept.ed unless the are in good, unblemished condit.ion. No
í~ product will be accepted by the owner or engineer that is damaged.
;
, '
- . J
fðB! -ª_=_~ºIIQlLǺ~§IBºÇI1º~ ~ºº1~§
rl
¡ .\ The drawings are essent.ially diagrammat.ic in nat.ure. Location of
conduit.. boxes. -out.let.s. appliances. et.c. as shown on t.he plans
0 are approximat.e only and are underst.ood t.o be subject. t.o such
revisions as may prove necessary at. t.he t. ime t.he work is
inst.alled. Ext.erior ut.ilit.ies as shown are not. precisely located,
their exact location. shall be det.ermined before installing any
U material or equipment..
0
SECTION 16010 -5 ELECTRICAL SYSTEMS, GENERAL PROVISIONS
[
--..-- -.- -~
·
Arvida/ JMB Partners
fltECEtVED AUG 2 2 1991 ONE BOCA PLACE
2255 GLADES ROAD. 210E
,~,6 çl~ POST OFFICE BOX 100
BOCA RATON, FLORIDA 33429-9007
TELEPHONE: (407) 241 ·7100
August 20, 1991
Mr. Joe Weldon, Director
Delray Beach Parks & Recreation Dept.
50 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Joe:
It was a pleasure speaking with you on the phone today.
The subject of how high light poles should be is always
controversial but, basically, a quality issue. I used 30' poles at
Boca West, Town Swim & Racquet Club and Broken Sound - and the
lighting is excellent. Tropical Tennis Courts, Inc. was the
contractor and it was their responsibility to oversee the work.
There was always some concern about spillage onto the main road but
the difference in quality always outweighed the argument.
We have had to use 20' poles at Weston and the quality of night
play is not nearly as good. I never recommend the shorter poles
but at times there are extenuating circumstances.
Please don't hesitate to call if I can be of further help.
ards,
O'Brien
of Club Operations
JJO'B/bt O/dd.-/7(
bA-u, J2 \~~
I ~ : \ P-<-S(j....--J R :, ~ -k ~ '" ~ (]~ {/V1.,4- ;::~ L y ".Ie... (,
fn V-..JJ <.4 Iv J-,,.J2 <-oJ ft-. ( ~ CR" -v' ~, 10 e ;:¿ f 7"
--f--/?a 1e,J.--) / ~ ( 7 Í¡ r- rl ßo.j . /h /'-fr t:P C/'...J ~ /t- J j-¿.
j, «-'7 hI -/ w~ r?~EJ ..j /1 ¡, e 1Ju~hU"-Cj ,",5 µ
p~e ~,~ ~~~~ trew
r
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Tennis Court Lights
DATE: July 2, 1991
The attached letter is from Thompson Engineering Consultants
concerning the height of the proposed tennis court lights. As you-
know City Commission directed staff to re-bid this project and Mayor
Lynch questioned why the poles are the height specified. As noted in
the letter, the smaller shoe box fixture would .be more expensive
because it would require more poles and would not provide the
specified lighting. You may want to discuss this with the Mayor and
get his thoughts. Once a determination is made we will re-bid this
project.
Ù ~
Weldon
ctor of Parks and Recreation
JW : j mh
REF:TENNISCT.DOC
Attachment
"..~----_...>_...._,_. ,.__.",~_.. " - ','. ~- - -'-'~
-
- - - ~ HVAC
- - -
- - PLUMBING
- - - -
- - - _ ELECTRICAL
-
THOMPSON ENGINEERING CONSUL TANTS
June 18, 1991 n I~ I " r, ~:~qr
'tECEIVED -J"". ~. u I..,..."
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: Mr. Joe Weldon
Director of Parks arid Recreation
Re: Municipal Tennis Court
Lighting
Dear Joe:
As you will recall, our recent discussion concerning the mounting
heights of the fixtures at the above referenced project, several
factors were considered. Some of these were:
1- We need to limit spill and glare to the surrounding residential
area. The taller the pole in relation to the distance between
poles, the greater is the tilt angle of the fixture. This helps
to reduce spill light and glare. It is recommended to have an
aiming angle of around 20 degrees. Also, you don't look directly
into the fixture as you would with a shorter pole.
2. In order to save budget dollars we wanted a system of poles and
fix;tures that would produce the least numb e r of poles. This is
cost effective for two reasons: 1) Poles and their bas e s are
expensive; 2) We wanted to limit the amount of trenching and
disruption to the existing courts.
3. We considered cut-off type shoe box fixtures but decided not to
use them because they did not work well with high lob as the ball
is lost in the darkness above the fixture. Typically these fix-
tures are used in residential areas such as condo developements.
Also, it wou,ld require four poles on each side of each court to
obtain the same lighting level (back-to-back courts can use
cornman pOles). We determined that this type of lighting was not
appropriate for a municipal tennis complex and that the costs
would be greater.
I hope this will serve to clarify some of the decisions we made in
arriving at our current design of 39 feet mounting height for the
fixtures.
Sincerely,
4d£
DET/bb
337 CLINT MOORE ROAD BOCA RATON, FLORIDA 33487
'407) 994-1232 FAX: (407) 241-2429
---
-".__._-_...-.--...~
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fjt-/J
SUBJECT: AGENDA ITEM # ~~ - MEETING OF DECEMBER 10, 1991
PALM BEACH COUNTYWIDE PLANNING COUNCIL
DATE: December 6, 1991
Attached for your consideration are three resolutions with regard to
the Palm Beach Countywide Planning Council.
The first, Resolution No. 99-91, provides for the sunset of the Palm
Beach Countywide Planning Council. Staff has reported that as of
December 5, 1991, nine municipalities have adopted "Sunset
Resolutions". The County has indicated that they will do likewise.
Twenty resolutions are required to sunset the organization.
The second, Resolution No. 100-91, calls for the Palm Beach County
Board of County Commissioners to pursue a program for a countywide
planning program but only after due deliberation with other affected
entities including municipal interest.
The third, Resolution No. 101-91, supports the continuance of the
Palm Beach Countywide Planning Council. This resolution was drafted
pursuant to direction received at your December 3rd regular meeting.
A detailed staff report is attached as background material for this
item.
~.q9-9' ~ ,5-0
lco-'i 1-¡}ìL£Q
101- 9 J .5-0
...
·
,
CITY COMMISSION DOCUMENTATION MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAßER
~~~~ 2I"-h
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 5, 1991 FOR MEETING OF DECEMBER 10TH
SUBJECT: PALM BEACH COUNTYWIDE PLANNING COUNCIL
Further Information: The material provided in your previous
documentation (12/3) is apparently scuttled by the Board of
County Commissioners ( BOCC) . The latest workshop discussion
and BOCC consensus set forth the following program:
* BOCC vote to "sunset" the Planning Council.
* Transfer of the Planning Council Director and staff
directly under the County system as a division within
the Planning Zoning and Building (PZ&B) Department.
* Put forth a different type of Charter provision
(referendum) which will provide countywide planning
(and regulatory) authority under the BOCC for the areas
of water quality/quantity; solid waste; environment(?).
* Other topics/subjects may be added through the initial
referendum or subsequent (amending) referendum.
¿r
* Establishment (through referendum) of a sort.J^"board of
adjustment" which would consider and act upon double
i's (Intergovernmental Inconsistencies).
There is some merit in approaching the countywide planning
issue in the above format. Such an approach addresses some
of the City Manager's concerns which involve the
"bureaucracy" which is a part of the present system.
However, it would be best if the referendum would "evolve"
as opposed to_it being a hastily drafted charter provision.
Thus, in addition to the previously directed alternative
resolutions, we now have another option to consider. The
range of options now include:
1. Adopt a resolution calling for SUNSETTING of the
County Wide Planning Council.
I~H
City Commission Documentation Memorandum
. Palm Beach Countywide Planning Council
Page 2
2. Adopt a resolution (formal statement) in support of
retaining the existing situation.
3. Adopt a resolution (formal statement) in support of the
most recent proposal.
4. Adopt a resolution (formal statement) in support of the
most recent proposal including a request that wor~ing
of the referendum be carefully constructed through some
sort of participatory process.
S. Both 1 & 4
6 . Take no action.
As of the writing of this background documentation, nine
municipalities have adopted SUNSET resolutions. The County
has indicated that they will do likewise. Twenty
resolutions are required to sunset the organization.
DIRECTOR'S RECOMMENDATION:
Either take no action or support the approach which was set
forth at the work session, but with the caveat that occur
through constructive participation.
Attachments:
* Resolutions for actions 1 and 4
(If a different direction is desired, a resolution can
be easily constructed at the meeting.)
DJK/#90/RESPC.DOC
!
[ITY DF DELRAY BEA[H .
CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: November 27, 1991
To: City Commission City Attorney r
From: Jeffrey S. Kurtz,
Subject: Resolution Concerning Countywide Planning Council
Our file #25-90.007
Attached please find a resolution which would cast a vote to
repeal Article VII of the Charter of Palm Beach concerning the
Countywide Planning Council.
Also attached is a memorandum from Jack L. Horniman, Executive
Director of the Palm Beach County Municipal League, which
explains in detail the background of this resolution.
We are requesting that this resolution be placed on the next
December agenda. _.,- .-
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
JSK: jw
Attachments
cc: David Harden, City Manager
Al.ic8ORtllat:GJ;egDr Harty, CIty Cle~.
county.txt
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Palm Beach County MUNICIPAL LEAGUE
P.o. BOX 1989, GOVERNMENTAL CENTER. WEST PALM BEACH, FLORIDA 33402 (407) 355-4484
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MEMORANDUM ,. \.) 7991
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TO: All Palm Beach County Mayors and Manager s ., ~\ u,~r!!~'1
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FR: Jack Horniman, Municipa , e·Executive Director
DT: November 13, 1991
RE: Palm Beach Countywide Planning Council
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---------------------------------------------
At the Board of Directors meeting of November 13, 1991, the Board
of Directors requested that a memorandum be sent as a reminder to
all cities to carefully consider at your December 1991 regular
Council/Commission meeting appropriate action regarding the
Countywide Planning Council. Attached is the memorandum dated
October 24, 1991 that previously explained this matter in detail.
You must act within the provision of the County Charter, in the
month of December only (within 30 days prior to January 1, 1992).
This is simply a reminder as you will have only one time to act
appropriately. If you have any questions regarding this matter,
please contact this office.
Thank you.
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Palm Beach County MUNICIPAL LEAGUE
P.o. BOX 1989. GOVERNMENTAL CENTER, WEST PALM~. FLORIDA 33402 (~7) 355-4484
MEMOIlAHDUM
TO: All Palm Beach County Mayors and Managers
FR: Jack L. Horniman, 11 Beach County Municipal League
Executive Director
D'l' : October 24, 1991
RE: Article VII -- Palm Beach County Charter Countywide
Planning Council
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---------------------------------------------
The Board of County Commissioners of Palm Beach County is
proceeding toward a revision to Article VII of the County Charter
which would expand the powers and scope of the Countywide Planning
Council or abolish it in its entirety. They have prepared an
ordinance for public hearings dates that have not been set yet that
would provide for a referendum to be placed before the voters of
Palm Beach County on March 10, 1992 to accomplish this end. The
ordinance specifically deletes the repeal provision (Section 7.19)
of the current charter.
This repeal provision was originally placed on the County Charter
as part of the checks and balances to assure that all parties'
interests were protected from the Planning Council exercising
powers and authority beyond the Charter's original intent.
To date, the Countywide Planning Council has spent $2.8 million tax
dollars and ~ts ~urrent budget fur fiscal yeár 91-92 is $1,106,2;8.
The month of Dec.ember is crucial to all local governments as this
month represents the only 30 day period in the past five {5} years
within which municipalities have had the abi1i ty to exercise, if
deemed appropriate, the repeal provision of Article VII of the Palm
Beach County Charter.
As you are well aware, the Palm Beach County Municipal League has
played an ac~ive role throughout the past year in working with the
Palm Beach Countywide Planning Council staff and their Countywide
Future Land Use Element (CFLUE) Committee in developing a future
land use ele~ent that meets the intent and purposes of Article VII
of the Palm Beach County Charter.
After numerous hours. of League participation and expenditure of
funds and resources for extensive professional legal and planning
expertise, a CFLUE was approved on July 1, 1991 by a 15 to 1 vote
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All Mayors and Managers
October 24, 1991
Page 2
by the Planning Council acting as the Local Planning Agency (LPA)
for Palm Beach County. The Planning Council recommended approval
by the Board of County Commissioners who unanimously approverl the
CFLUE and transmitted it to the DCA at their public hearing held
on July 22, 1991. This revised approved CFLUE now tracks the
language of the existing charter and is consistent with the scope
and authority granted through the charter.
Even though the League and the Planning Council mutually agreed on
the content of the CFLUE, and the Board of County Commissioners
finally agreed on the content of the CFLUE as presented, the Board
of County Commissioners has introduced a proposed ordinance and
ballot language to amend Article VII of the Palm Beach County
Charter. This action by the Board of County Commissioners is
inconsistent with the creation of a harmonious relationship among
the County, the Planning Council and the League working toward the
unified planning of Palm Beach County. This action by the County
negates the good faith efforts conducted by the parties in arriving
at a workable solution in developing and approving a CFLUE this
past year. As of this writing, the proposed revisions by this
ordinance would "expand" the powers and the scope of the Planning
Councilor "abolish" it in its entirety.
The proposed charter revision breaches the original agreement
reached in 1986 between the municipalities and the County when
Article VII of the charte:¡:- 'W'as approved ;:roviding a checks and
balances system to monitor the activities of the Planning Council.
The League's position over the past year has been consistent and
unchanging. In short, the Leag1J.e has advocated that no charter
revisions are necessary due to the agreement by all parties.
Therefore, the League cannot support the proposed expansion of the
powers and scope of the Planning Council. Further, the League
would hope that the Board of County Commissioners would not
jeopardize the future existence of the Planning Council, but would
allow it to actually commence its charter .andated function. The
Planning Council, the very body whose powers, functions and duties
are being contested, adopted Resolution No. 91-5 on July 1, 1991
by a 12-4 vote. It is strongly noted that the 12-4 vote was not
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All Mayors anè Managers
October 24, 1991
Page 3
a strict municipal/county split in vote. Three (3) of the County
appointees on t~e Planning Council voted for this Resolution along
wi th the municipal membership on the Council. This resolution
requested the Board of County Commissioners to "table any
discussion and refrain from the consideration of any changes to
Article VII of ~he Palm Beach County Charter."
If the Board of County Commissioners forces the issue regarding
expansion of the powers of the Planning Council, the municipalities
would be faceè with making a decision to either exercise or not
exercise the repeal provision of Article VII of the County Ch~rter.
It is emphasized that the Municipal League has not taken an
official policy position on this issue. Each municipality will
have to make t~is decision individually. Specifically, Section
7.19 which provides that a majority of local governments, voting
by resolution of their governing bodies during the month of
December 1991 have the authority to abolish the Planning Council
by repealing Ar~ic1e VII of the charter.
It is each municipality's responsibility to place this item on its
agenda for careful consideration during the month of December, 1991
since according to Section 7.19 of the Palm Beach County Charter,
if any action :s desired, such action must be accomplished by
resolution anå must be taken wi thin thirty (30) days prior to
January 1, 1992 (i.e. during the month of December.)
A sample resolution is attached for your municipality's reference
and possible use. It is suggested that your clerk submi t a
certified copy of the resolution to the League office, the Board
of County Comzissioners and others cited in your resolution.
Please forward a copy of any resolution your municipality adopts
to the League c:fice immediately upon adoption.
Should you have further questions regarding this matter, please
contact this office.
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RESOLUTION NO. 99-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 7.19 OF THE
CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO
REPEAL ARTICLE VII ( COUNTYWIDE PLANNING COUNCIL) OF
THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING
SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR
DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with Article VII of the Palm Beach
County Charter, specifically, Section 7.19 which is entitled "Repeal
Provision", the local governments in Palm Beach County through their
governing bodies have the ability to vote by Resolution to repeal the
entire Article VII pertaining to the Countywide Planning Council within
thirty (30) days prior to the fifth year anniversary January 1, 1992;
and,
WHEREAS, the City of Delray Beach has determined it is in the
interest of its citizens and the citizens of all local governments
within Palm Beach County to repeal Article VII (Countywide Planning
Council) of the Palm Beach County Charter,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the governing body of the City of De1ray
Beach, Florida, hereby casts its vote by this Resolution to repeal
Article VII of the Palm Beach County Charter in accordance with Section
7.19 of the Charter which is entitled "Repeal Provision" and which
provides that each local government in Palm Beach County has the
authority, through its governing body, by Resolution to vote to repeal
the entire article within thirty (30) days prior to the fifth year
anniversary of the effective date, which would be January 1, 1992.
Section 2. That the governing body of the City of Delray
Beach, Florida, urges each and every local government in Palm Beach
County to support this position and adopt a similar resolution during
the month of December, 1991.
Section 3. That the City Clerk is hereby directed to
distribute copies of this Resolution to the Palm Beach Countywide
Planning Council, the Palm Beach County Municipal League, the Board of
County Commissioners of Palm Beach County, the Treasure Coast Regional
Planning Council and the Florida Department of Community Affairs.
Section 4. That this Resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED in regular session on this the 10th day of
December, 1991-
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RESOLUTION NO. 100-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR
THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO
PURSUE A PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM BUT
ONLY AFTER DUE DELIBERATION WITH OTHER AFFECTED
ENTITIES INCLUDING MUNICIPAL INTERESTS; PROVIDING FOR
DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Conunission of the City of De1ray Beach is
conunitted to the principles of good planning in order to promote and
protect the quality of life and to encourage and foster reasonable
development in Palm Beach County; and,
WHEREAS, the City Conunission of the City of Delray Beach
supports the concept of countywide planning and its implementation of
selected items of countywide significance provided that such a concept
does not unduly infringe upon principles of municipal home rule and that
such a concept involves from a deliberate process of consultation with
affected entities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the governing body of the City of Delray
Beach, Florida, hereby provides its support for the continued pursuit of
an appropriate program for countywide planning and a forum for the
resolution of matters of intergrovernmental incompatibilities provided
that such a program does not unduly infringe upon principles of
municipal home rule and that such a concept evolves from a deliberate,
thoughtful process which includes consultation and discussion with
affected entities.
Section 2. The City Clerk is hereby directed to distribute
copies of this Resolution to the Palm Beach Countywide Planning Council,
the Palm Beach County Municipal League, the Board of County
Conunissioners, and individual municipalities within Palm Beach County.
Section 3. This Resolution shall take effect inunediately upon
its passage.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
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RESOLUTION NO. 101-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR
THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO
MAINTAIN THE CURRENT PROGRAM FOR A COUNTYWIDE PLANNING
PROGRAM; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Conunission of the City of Delray Beach is
conunitted to the principles of good planning in order to promote and
protect the quality of life and to encourage and foster reasonable
development in Palm Beach County; and,
WHEREAS, the City Conunission of the City of De1ray Beach
believes that the compromises reached in the creation of the Countywide
Future Land Use Element furthers the concept of countywide planning and
its implementation
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the governing body of the City of De1ray
Beach, Florida, hereby provides its support for the continuation of the
current program for countywide planning as a forum for the resolution of
matters of intergrovernmental incompatibilities.
Section 2. The City Clerk is hereby directed to distribute
copies of this Resolution to the Palm Beach Countywide Planning Council,
the Palm Beach County Municipal League, the Board of County
Conunissioners, and individual municipalities within Palm Beach County.
Section 3. This Resolution shall take effect inunediately upon
its passage.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER (,
SUBJECT: AGENDA ITEM # C\ L - MEETING OF DECEMBER 10, 1991
OFFER OF JUDGMENT
DATE: December 6, 1991
We have received an Offer of Judgment from Procacci Development
Corporation in the amount of $85,000. Attached as backup material
for this item is a detailed staff report which sets forth the
AttornéY's position in this matter.
The City Attorney recommends rejection of this Offer of Judgment in
the amount of $85,000 from Procacci Development Corporation in order
to resolve pending litigation against the City.
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PLEASE NOTE: Received 5:45 P.M., Friday, December 6, 1991
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 2()O NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278A755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: December 6, 1991 i
To: City Commission ,
From: Jeffrey S. Kurtz, City Attorney
Subject: Procacci Development Corporation v. City of Delray
Beach; Our File #05-89.025
On Thursday, December 5, 1991 the Circuit Court dismissed one
of the two counts remaining in Procacci's complaint against the
City. The City will therefore have to file an Answer to the
Second Amended Complaint by December 15, 1991, after which this
matter may once again be noticed for trial. It is my
estimation that if this matter proceeds through trial,
attorney's fees incurred by the City will amount to an
additional $30,000.00.
Mr. Procacci had met with the Mayor and me on November 23, 1991
and indicated a willingness to move off of his Offer of
Judgment figure of $85,000.00. Mr. Procacci has now made an
offer to settle this matter upon payment to his corporation of
$50,000.00.
This amount is $10,000 less than the City's Offer of Judgment
made in April of 1990. This offer is now at a level where our
office would recommend its acceptance.
While it remains our office's and outside counsel's opinion
that the City's chances of success are great, the reasons for
accepting the offer are several. At this point in time the net
result of accepting this offer versus defending the action now
appears to be virtually equal when one adds to the attorney's
fees expended the potential disruption to senior level staff
that a seven day trial with its attendant discovery would
amount to. Secondly this matter is a contract action and it is
my belief that settlement in a contract action does not lead to
increase litigation over contracts as is the potential case
with settlements in the personal injury area. Thirdly, there
is some exposure to the City by virtue of the fact that it is
true that the City would not have been able to receive any
grant monies had it not been for our initial agreement and the
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Memo to City Commission
December 6, 1991
Page 2
cooperation with the Procacci Development Corporation. While
that fact in our minds has no legal relevance to the case, it
is central to the Plaintiff's position and may have some jury
appeal.
Therefore, it is our office's recommendation that this matter
be settled by accepting Procacci Development Corporation's
offer of $50,000.00 by paying Procacci Development Corporation
$50,000.00.
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
JSK: jw
cc: David Harden, City Manager
Lee Graham, Risk Manager
Lula Butler, Director of Community Improvement
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[ITV DF DELAAY BEA[H .
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
Writer's Direct Line
(407) 243-7092
CORRECTED
MEMORANDUM
Date: November 22, 1991
To: City Commission City Attorne~
From: Jeffrey S. Kurtz,
Subject: Procacci Development Corporation v. City of Delray
Beach; Our File #05-89.025
Please be advised that the City has received an Offer of
Judgment from the Plaintiffs in the amount of $85,000.00. The
City had previously filed an Offer of Judgment of $60,000.00
in April of 1990 which was rejected. The effect of either
Offer of Judgment is that if the verdict is 25% better than the
Offer that was received, then the party who made the Offer of
Judgment is entitled to attorney's fees and costs in addition
to their judgment. In the case of the City, it seems if the
verdict--..J.s $45,000.00 or less, we would be entitled to
substantial attorney's fees and costs dating from the date of .'-.' ........,....,
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the offer. In the case of this $85,000 offer, if it is
rejected by the City and the verdict in the case is $106,250 or
more, then the City would be liable for attorney's fees and
costs. At this particular time, the matter has not been set
for trial and there is an outstanding Motion to Dismiss that
has been filed by the City, but not yet heard by the Court. It
is our office's opinion that the settlement value of this case
is considerably below $85,000.00 and therefore we would not
recommend acceptance of this offer.
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
This matter ~Mill be placed on your December 10th agenda for
discussion and direction.
JSK: jw
cc: David Harden, City Manager
Lee Graham, Risk Manager
procac-l.txt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t:Þ'l
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991
RESOLUTION NO. 102-91
DATE: December 6, 1991
This is a resolution extending the sunset date for the Neighborhoods
Task Force until July 31, 1992 and expanding the membership and scope
of service of the Task Force.
At your December 3, 1991 regular meeting the Commission approved a
staff recommendation to expand the membership and change the scope of
responsiblity of the Neighborhoods Task Force. The expanded scope
of service includes development and review of specific
recommendations directed at mitigating identified code enforcement
problems throughout the City, and to provide recommendations toward
the adoption of new and/or amended ordinances for Commission
consideration.
Recommend approval of Resolution No. 102-91.
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RESOLUTION NO. 102-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90
WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE
CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO
THE CITY COMMISSION, TO PROVIDE FOR A REVISED SCOPE
OF RESPONSIBILITY AND ESTABLISHING A MAXIMUM NUMBER
OF APPOINTED MEMBERS: AND AMENDING RESOLUTION NO.
113-90 WHICH EXTENDED THE ESTABLISHED SUNSET DATE OF
THE NEIGHBORHOODS TASK FORCE, TO PROVIDE FOR MONTHLY
MEETINGS AND A NEW SUNSET DATE OF JULY 31, 1992:
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of July 10, 1990, the City
Commission adopted Resolution No. 68-90, establishing the
Neighborhoods Task Force, assigning it duties and responsibilities,
and setting a sunset date: and,
WHEREAS, at the meeting of November 27, 1990, the City
Commission adopted Resolution No. 113-90 which extended the
established sunset date of the Neighborhoods Task Force; and,
WHEREAS, at the meeting of December 3, 1991, the City
Commission approved a staff recommendation to expand the membership
and change the scope of responsibility for the Neighborhoods Task
Force, and further authorized the holding of monthly meetings and a
new sunset date for the Neighborhoods Task Force,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 68-90 be, and
the same is hereby amended by adding a new subsection (F) to read as
follows:
(F) Development and review òf specific recommendations
directed at mitigating identified code enforcement
problems throughout the City of Delray Beach, and to
provide recommendations toward the adoption of new
and/or amended ordinances for City Commission
consideration.
Section 2. That Resolution No. 68-90 be, and the same is
hereby amended by adding a new Section 4 to read as follows:
Section 4. That the Neighborhoods Task Force membership
shall not exceed twenty-five (25) persons.
Section 3. That Section 3 of Resolution No. 68-90, together
with the provisions of Section 1 of Resolution 113-90, be, and the
same is hereby amended to read as follows:
Section 3. This Neighborhood Task Force shall be authorized
to hold monthly meetings on an onqoinq basis, and shall
disband upon the discharge of its assigned tasks or by
JÁ~~Átý/31¡/I~~1 July 31, 1992, unless otherwise extended by
i action of the City Commission.
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,I Section 4. That this resolution shall become effective
'I immediately upon its passage.
I PASSED AND ADOPTED in regular session on this the 10th day
il of December, 1991. ~~~
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER \JQì
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: PROPOSED AMENDMENT TO RESOLUTION 168-90 WHICH ESTABLISHED
THE NEIGHBORHOOD TASK FORCE
DATE: DECEMBER 04, 1991
ITEM BEFORE THE COMMISSION:
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City Commission approval of a resolution amending Resolution #68-
90 establishing the Neighborhood Task Force, and amending
Resolution #113-90 extending the sunset date of the Task Force,
providing for a revised scope of responsibility and establishing
a maximum number of appointed members.
BACKGROUND:
The City Commission approved a staff recommendation to expand the
membership and change the scope of responsibility to the
Neighborhood Task Force at the regular meeting of 12/03/91. The
approval also provided the authorization of monthly meetings and
a new sunset date for the expanded purposes of July 31, 1992.
The proposed action provides for amendments to the original
resolutions for these purposes.
RECOMMENDATION:
We are recommending City Commission approval of this resolution
pursuant to City Commission approvals and direction on 12/03/91.
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, Agenda I tern No.:
AGENDA REQUEST
Date: 12/4/91
Request to be placed on:1
X Regular Agenda Special Agenda Workshop Agenda
When: 12/10/91
Description of agenda ~tem (wh~1 whatö wheg~~ how much):
Resolution # -91; amendlng Resolutlon 113-9 and - 0
Expanding the Scope of the Neighborhoods ~ask torce and
Providing a Maximum Number of Members
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached~
Recommendation: Commission Action
Department Head Signature: ~-p;i -
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
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RESOLUTION 68-90
A RESOLUTIOU OF TilE CITY COHMISSION OF TIfE CITY
OF OELAAY BEACII, FLORIDA, AUTHORIZ ING TilE
ESTABLISHl-IENT OF THE UEICH80RHOODS TASJI: FORCE IU
FULFILLUlC POLICIES OF COHPLI-'NCE WITH TIfE
HOUSINC ELEl-IEUT OF THE COMPREHENSIVE PLAN FOR
THE PROVISION OF SAFE AUD ADEQUATE IfOUSING.
WHEREAS, the Housing Element of the Comprehensive Plan
establishes goals ~or the provision of safe and adequate housing
for the City's residents through programs directed to preserva-
tion and maint.enance of stable neighborhoods, stabilization and
revitalization of declining neighborhoods, and to arrest deterio-
ration of certain neighborhoods through redevelopment strategies,
and,
hliEREAS. the Housing Element sets forth polic ies and
activities in pursuit of those goals; and,
hlIEREAS, during goal setting sessions conducted by the
Delray Beach City Co,.._~ission in April and Hay of 1990, the City
Commission identified issues associated with -neighborhoods- as
an item of high priority and great concern; and,
hliEREAS, staff resources have been allocated and
assigned to cor.-.mence with the implementation of policies and
programs within the Housir.g Element; and,
t-iHEREAS. the City Corr.zn i s s ion desires a high degree of
citizen involvement and neighborhood representation in initiation
of the program,
NOW, THEREFORE, BE IT PESOLVED SY THE CITY COMMISSION
or THE CITY OF DELAAY BEACH, FLORIDA, AS FOLLO\aiS:
Section 1. There is hereby established the 1\d-lIoc
Neighborhoods Task Force which shall consist of members as
appointed by the City Co~~ission and which shall pursue and make
recommendations to the City COl'Mllssion, through the Planning and
Zoning Board, with regard to the followinq:
(At Which, includinq all, of the proqrams and activi-
ties set forth in Goal Areas -,,- and -S- of the
Housinq Element should be implemented along with
the priority and timinq of each,
(8) The type of rehabilitation, revitalization, and lor
residential redevelopment effort which should
occur In residenthl areas set forth in Policy
S-3.1 of the Housinq Element and to other areas
identi tied as requirinq -revitalization and lor
rehabilitation- or requirinq -stabilization andlor
revitalization- on the Resident ia I Neighborhood
Categorization Hap, Fiqure H-S, Housing Element.
(ct Refiner:-:ent of the above geographic areas, identi-
!ication of -neighborhoods· within them, including
establish~ent of such a -neighborhood- designation
if one dcl's not currentl}" exist and the ident if i-
cation of i:\c!ividual s Hho most appropriately
represent those neighborhoods.
(OJ Peconsideration of priorities, iSS assigned in the
t!ous i ng £!l'r.ent, for neighborhood improvement
Droara~. and activiti...
.
-2-
I~',!
, , . .
.
(E) Other items which ~ay hereafter be referred to the
Task force by the City Commission, and other items
which the Task force, itself, may wish to bring to
the attention of the City Commission.
Section 2. The Neighborhoods Task Force sha 11 immedi-
ately pursue its assigned tasks with a target of accompl1shinq
Task (A) by the end of August, 1990, Tasks (B) and (C) by the end
of September, 1990; and Task (D) by the end of October, 1990.
Reports relative to each task shall be prepared and presented as
the tasks are completed.
Section J. This "elqhborhood Task FO~l disband
\::s ,--l~ -3 t) ~qL upon the discharge of its assigned tasks or by ~, 19~
unless otherwise extended by action of the City Comm sion.
PASSED AN~re9Ular session on this the 10th
day of JlrIly, 1998. . / .19"11 .
~~
, H A 'l 0¿p'
ATTEST:
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City Clerk I
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER L).
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10, 1991
APPOINTMENTS TO CODE ENFORCEMENT BOARD
DATE: DECEMBER 6, 1991
The terms of Joel Port (engineer) , Susan Gracey (archi tect) , and
Perry DonFrancisco (businessperson) on the Code Enforcement Board
will expire on January 14, 1992. Mr. Port and Ms. Gracey are
eligible for reappointment and would like to be considered for
same. Mr. DonFrancisco is not interested in reappointment at
this time. Mr. Port was appointed as an alternate member in
December, 1985, and was subsequently appointed to fill the
unexpired term of a regular member. He has served one full term
as a regular member from January 1989 to January 1992; therefore,
he is eligible for a second term. Ms. Gracey was appointed to
the board in September of 1990 to fill the unexpired term of a
regular member.
The City's code provides that each regular and alternate member
of the Code Enforcement Board shall be a resident of the City.
Further, appointments to the board shall be on the basis of
experience or interest in the fields of zoning and building
control. The regular and alternate membership shall, whenever
possible, include an architect, a business person, an engineer, a
general contractor, a subcontractor and a realtor. The term of
appointment is for three (3 ) years, pursuant to Florida Statutes.
Hence, these appointments will serve from January 14, 1992
through January 14, 1995.
The following persons would like to be considered for the above
vacancies for engineer, architect and business person:
Richard Brautigan - architect
Joseph Pike - engineer
Beril Kruger - business person (currently serving on
the Code Enforcement Board as an
alternate member)
Rr-tf)dol ph - ~ Jcsl Poe-+
m~oe - I I StLSAn GeI1C!&¡
mOLc...W - A-ppoin·h.D ß E£.i L ~q~
To: Mayor and City Commissioners
Re: Appointments to the Code Enforcement Board
December 6, 1991
Page Two
The following laypersons would also like consideration for
appointment:
Rosalind Murray
Sid Soloway
Anthony Veltri
Horace Waldman
Stanley Watsky
The particulars for each appointment are set forth below,
including the appointment sequence based upon the adopted
rotation system:
(1) Engineer - Regular Member
Term ending January 14, 1995
Appointment by Commissioner Randolph (Seat #4)
(2 ) Architect - Regular Member
Term ending January 14, 1995
Appointment by Mayor Lynch (Seat #5)
( 3) Business Person - Regular Member
Term ending January 14, 1995
Appointment by Commissioner Mouw (Seat #1)
Recommend appointment of three regular members to the Code
Enforcement Board.
I~'!
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
PAUL RICHARD BRAUTIGAN -.---.---.-
NAME
2877 S.W. 2nd Street, De1ray Beach, Florida 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
80 Depot Avenue, Delray Beach, Florida 33444 -_.
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
._--
(407) 243-7944 (407) 272-9086
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority,
Historic "Preservation, CAB ; Cé..fL t ~ P I." B
,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
~DUCATIONAL QUALIFICATIONS R. sr.r .-.iD-ArC'ni ¡-PC'¡-llr~l S¡-Hdiea.Jla.~.A&M University
_--B--Ar~h; -pr-~Allnllrn TTn;vP1"!':~ ._------ - -~----
------- ------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~ëgrstëred Arch1. teë f -¡1'lõfiãã-;-cërt: if ied Bu1.ldmg -uf"fî~--------- -- -------
---------- ----------
GIVE YQUR PRESENT, OR MOST ~18~¡ ~8tJk\, ~ Pp~¿TION _________
"Pres1.dent, Architect, Owner, R S,.
-- -- - - -- ---------
, ----- ,--~~ --....- . -- - -
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD.
Experience 1.n Low~come Housing, H1.st:or1.C ~reservat:1on,~s1ðen~ of 5~h Florida 38 years
- ------
--- ----------
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
REC IVE. I alq ù
7/90 v<:J111L
~
------.-----,.. -----.---.--.--- -~1!LJe¿i--_--- _______ __
DATE
- ~~ -
-~----- - --" ~--- ------~- GAS..
-- ---- . -.
-
Group
A 1"~hftect111"ë
South
About Paul Richard Brautiqan------------- Inc.
P. Richard Brauugan
experience in Southern Florida, Architect
with over 20 years Mr.
Brautigan has been in private practice over 4 years in
Delray Beach. Holding Architecture degrees from Florida A&M
University and Auburn University, Mr. Brautigan has designed
over 4,000 housing units and buildings as tall as 36
stories.
A native of Ft. Lauderdale, Mr. Brautigan brings his
philosophy to bear that buildings should be sensible as well
as belong to the site they occupy.
Having designed an extraordinary amount of diverse building
types from a native 'Cracker House' to the highly acclaimed
Saint Demetrios Greek Church in Ft. Lauderdale to the
wonderful Gold Coast Railroad Theme Park at Metro Zoo.
Currently, Mr. Brautigan has purchased the historic Seaboard
Air Line Railroad Station in Delray Beach and has started
the restoration of the building for the relocation of his
firm, Group Architecture South, Inc. -
Group Architecture South, Inc. was founded in Delray Beach
in 1983 by Mr. Brautigan and currently maintains a staff of
2 architects, 4 technical support personnel, 1 field
manager, 2 interior designers and 2 clerical supports.
The reputation of Group Architecture South, Inc. has been
built on the highly creative Architecture of Mr. Brautigan
coupled with the technical clarity and technical
completeness of the firms Construction Documents.
Mr. Brautigån was selected as Architect for the personal
houses of such notables as Edward Ledder, Chairman of the
Board of Abbott Laboratories: Warren Thomson, an
internationally known Wall Street trademark attorney; J.
Allen Jones, fo'rmer corporate counsel of Eastman Kodak;
Colonel Robert Conlin of NASA, Jack Gaines and Nathan Architecture
Miller, prominent South Florida Developers; Jerry Baxter, Land Planning
president of Corporate Design Interiors. Graphic De81~n
Mode 8
Golf Course
As Frank Lloyd wright so aptly stated, "Give back the sloganArcbttecture
'a good copy is better than a poor original' - to those
whose desire for success out-measured their capacity to
perform and who framed it in self defense." I
\ close examination of Mr. Brautigan'sarchitecture reflects
~he originality, principles and truths of which Mr. Wright
spoke.
100 East Unton Blvd.
Suite 202-A
Dell..}, Beach. F1. 33444
(3015) 272-9086
---,...'--
H U_ GA8__~_
--- -
---.-.-- - ---
-..-,-- - --
Group
Arch t tecture
South
Inc.
P. RJchard BrautJgan
Client List demonstrates the unique and Architect
The following
di verse types of. indi viduals, developers, etc. who found
Group Architecture South, Inc.
Nathan Miller - Developer personal House
Jack Gaines - Developer Personal House
The Babcock Co. - Developers Cloverbend.
Versatile Investment Properties - Developers Windwood
Restaurant - Delray Beach Po Folks
Lennar Homes - Developers Boca Chase
Diamond Equities - Developers Diamond plaza
Gold Coast Railroad Museum Theme park
Greek Orthodox Community of Broward County Church
Edward Ledder - Chairman, Abbott Laboratories Personal House
farren Thomson - Trademark Attorney Personal House
J. Allen Jones - Attorney,Eastman Kodak Personal House
Whitehill Developers Hampton Club
Steven Whitehill - Developer Personal House
Henry Whitehill - Developer Personal House
Hobe Sound Associates - Developers Hobe Sound Golf Club
Holiday Inns of America Hotel - Maimi
Jerry Baxter-Pres.,Corporate Design Int. Personal House
Richard Bagdasarian - Attorney Personal House
Castle Lake Corporation Apartments - Akron, Ohio
Kissimmee Station - Kissimmee, Fl. Railroad Station Rehab.
Louis Vitale - Attorney/Former Judge Personal House
Architecture
Land Planning
Graphic De81~n
Mode 8
Golf Course
Architecture
{
,
(
100 Eut Unton Bh'd.
Suite 202-A
Velra)' Beach, tL 33444
(30fi) 272-9086
·
-..-
. Rvt..
.
CITY OF DEL~.Y BIACR
~. BOARD HEMBER APPLICATIO.
~~I\.~. GP~~Y
NAME ,
pð ~ ~oì ,
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
DG:-~Y ~^é~, l=='L..A. 33~ì- 3ðÎ'
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP De~lt""""N
~BLr== __.::::- ¡Ac DL"':+4- \ ~\'t J ~ &
.Æ-()Î - "'Z- ì 7_ - 1 4C?J ~ r-Jtl 11"\
HOME PHONE BUSINESS PHOHE
OR WH~T BOARDS ~YOU INTERESTED IN SERVING ~y -~
e=- ~ . .1'-'1 8^-.J .. .
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRERTLY SERVIRG OR HAVE PREVIOUSLY
SERVED (Please inolude da tea) ,....¡~ rJ8" -
.
EDUCATI~AL QUALIFICATIORS ~~17~ A9r~ '''1. ~Ir~ . .
. ,
...d ~ .. --
~ -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AID LICBNSIS WHICH YOU HOLD.
.......------
----- -
GIVE YOUR PRESENT, OR HOST RECERT EMPLOYER, ARD POSITION ~r-
--
DESCRIBB EXPERIENCES, SXILLS OR ICROWLEDGE WHICH QUALIFY YOU TO SERVE ON
I T~~~~A~r~~~ FII~t? ÇD::~;~f~"YP~I_'~~ sc~:~
~~ APpL_J".~nJL7S.. ì1""" _I:2.~ ""t II. "") £J~ pl~~ ~ ~~ t;;t:.... /?1=-
tSu Il-Q I ~(;:;f .
PLEASE ATTACH A BRIBF RESUME. PeL..\....¡e 12-'( eN'
~.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMERTS ARB TRUI, ARD I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF HATERIAL FACTS CONTAINED IR THIS AP-
PLICATIOR MAY CAUSE FORFEITURE UP OR HY PART OP ARY APPOINTMERT I HAY
RECEIVE. 9/1 ~~ 80'11
C çm:ifCf.w~--- ði~ I c¡() -
ATE
....
'iii
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
I5E/f/L. ;<'1< u tß-6 ~ )
NAME
9' ¡t/ I:::: I ~S' T Ð Lt f.,,/4{Y sc6/ JJYYt.f
ßOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
9 ;V13 /~ S7: P,ðL~Y ßc,,~ ~3VVY
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ~ ~ S- - ¥ 9 <53 BUSINESS PHONE ~ Ú 5-- ~ pp "3
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C P Oc..=- ð 'v¡--¿?/èCé~ê-,I(../ r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE· PREVIOUSLY
SERVED (Please include dates)
C¿lÞE £µr¿J~C-ë~G"l./T
EDUCATIONAL QUALIFICATIONS B3/? ßdsIPES5 A¡)~I'V .
4-- .W Z dU/1' p¿;: S£./#/,L/R'~3 "'(/~ /~r-
¡¿J 'á,ç )
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION jO~b-~~"~~~
ßGæ...-¿ L K,I!:- t/ ú-f:3/( , 2£l¿//V¿J. f9£).//S¿/ t., ~....v'~p~ tPtA1vPIi;-t
, . I'
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
/.11/1/// ¿, t./ £' b J.t/ PðI/I.Ft..¿p~6,,(/ï" ¿¡e- eþ1ttJ'..? .t!,u).-' '&'..ø~
1# dJ///./T"f': - /PJ/¿)LVp¿> 1"</ Z-au ~.u~ AÇ ~S' ~ t.,7?9--Æ/ r-
¡tf/VD ¡?""',4/A/ê~ Fc?~ ¿t::) y~ S .
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/7-~~/9~ -j
/ATE
4/90
CITY OF DELRAY BEACH Iv- Clll,lr;
BOARD MEMBER APPLICATIQN
~-
City, Zip Code)
HOME PHONE lft¡J-='f 1f3/ 1~ ~J-£:3
BUSINESS PHONE, ~ --/ (.
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING í' ¡¿ 4,. p/Lnninrt lbh"Y·?j
t;d:Oty1 t~:~ ~1ip;;:Z::¡:~?;;:j;;Tr~~t;~ll ..
'SeV-VILC:'
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
/Vj1 &r j,~(IJ (' ()f ,-W.eA1,t'_e ~
EDUCATIONAL QUALIFICATIONS r-ç h UN a
fJ-eY.¿f- ¡ I\ ð1. t<.d!JJr'i'"' LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
/]1/ t-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
11 f ý1I &11 cJ,. r-ðÙVl ht &t.-\J rf- ð j)Ùflfy (11) mÞW S"; /(meKs,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
t~~t:~~v~ ;~~:;;)~::~;~~:!l;:::;50
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
I~Ad-Il\~A~ ~/?J¡
4/90
".,
ROSlLID L. IIJRRU
4240B Village Drive
Delray Beach, FL 33445
(407) 495-4431
PROnsSIOIAL
mlRIDCI Kinoritf/IOIeD'S Business Enterprise Coordinator, Pal. Beach Countf, FL
7/88-present - Develop and implement K/WBE program in accordance with M/WBE ordinance. Provide
certification, DIOnitoring, and compliance e¡pertise to M/WBE's and county entities.
Serve as liaison between Board of County Commissioners and Jdnorit1 business conaunit1.
Prepare public relations materials on K/WBE program, such as brochures, directories,
and handouts. Organize seminars to educate count1 emplorees on the benefits of program
as well as KBE's. Provide technical assistance to M/iBl's, assist them in the development
of their business.
6/86-7/88 Jlar~eting Specialist, Kendall Square Associates
- Develop marketing plans, business plans, and productivit1 analysis for small business.
Prepare analysis through use of computer generated data and demographics. Identiff
marketing trends that effect small business. Advice clients of areas ·of market strength and
weakness.
- Interact with civic and corporate organizations on behalf of client base. COIaIDicate
with Purchasing Representatives; encourage sponsorship of programs that benefit clients.
Develop and implement goals for use in client procurement programs. Organize seminars,
trade fairs, and workshops to educate small business in the areas of Marketing, and
Management.
5/85 -6/86 Sales Specialist, BurdiDes Departllat Store
- AnalYle product market trends for drell department. Prepare surve1 inltrumentl; develop
in store product reportl. Liaison between sales floor and buying office. Compile data
used by Buyers to forecast future bU1ing seasons.
1/84-2/85 Public Relations HaDager/Marketing Consultant, Greater Pittsburgh Balin... De,elopieDt Corp.
- Responsible for conceptualizing, writing copy, and editing all corporate publications including
Annual Reports, brochures, advertisements, signs, calenders, and award fliers. Conceived and
implemented public relations progr... and -.dia blitzes.
- Responsible for preparing marketing plans, feasibilit1, and marketing studies for clients.
Analyzed delOgraphic, industrial, and computer generated data. Identified client target markets.
Analyzed competition in given areas. Developed market research surve1 instruments. Developed
pricing, advertising, promotion and merchandising strategies. Supervised monthly Departmental
billings. Prepared Marketing Group reports for Quarterly and Annual Reports.
9/82 - 12/83 Marketing Assistant, Greater Pittsburgh Baluess DevelopieDt Corp.
- Prepare marketing and operational plans for use in small business loan applications.
Assisted in all phases of official corporate communications. Prepare copy for client
brochures. Wrote resource book on financing available for small businels.
!DUCA.!IOI B.S., Hampton OnÍYersitf, HlIIIPton, VA
8/76-5/80 Major: Marketing
COIOtOIIft
AC!IVI!IIS Leadership Pal. Beach 1990
Pt. Lauderdale Junior Leape 1990
Kinoritf CUltural Consortiu. Board 1990
Council for Black Economic De,eloPIIDt Board/Public Affairs Chair 1988-present
Amputees for !raining, Education, and Rehabilitation 1988-1989
CITY OF DELRAY BEACH R~, Idjdjq/
BOARD MEMBER APPLICATION.
NAME JOSEPH PIKE. P.E.
24 NW 25th COURT; DELRAY BEACH. FL 33Jf44~-
HOM£" ÁDDR'ESS (S'treét~' -City; -Zíþ' Cõcrè)""(LEGAL RtS!DtNCE)
1201 BELVEDERE ROAD. WEST PALM BEACH. FL 33405
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407 ?.4)-n060 BUSINESS PHONE 407 655-1151
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
l. BOARD OF CONSTRUCTION APPRAT~ OR
? ~T'T'R PLAN RRVTRW ANn APPF.ARANt"'F. ROARn 3. CODE ENFORCEMENT BOARD
LIST ALL CITY BOARDS ON walCH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
NONE TO DATE
EDUCATIONAL QUALIFICATIONS BACHELOR OF SCIENCE IN CIVIL ENGINEERING
UNIVERSITY OF FLORIDA 1985
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES walCH YOU HOLD
PROFESSIONAL ENGINEERS REGISTRATION & GENERAL CONTRACTORS LICENSE
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION PROJECT MANAGER
SHALLOWAY. FOY. RAYMAN & NEWELL. INC.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE walCH QUALIFY YOU TO SERVE ON THIS
BOARD I FEEL I AM BEST SUITED FOR THE CONSTRUCTION APPEALS BOARD DUE TO
MY WORKING KNOWLEDGE OF LOCAL BUILDING CODES AND RRGUT.A'T'TOI'iS.
DESIGN REQUIREMENTS AND ENVIRONMENTAL CONCERNS.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CER~IFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~ /!/Q//9r
./G ATU~ f DAtE
4/90
· Sha11owa~ Fo~ Resume
Rayman & Newell, Inc.
... Joseph A. Pike, RE.
Education
B.5., Civil Engineering, University of Florida
Professional
Experience
1987 - Project Manager; Shalloway, Foy, Rayman & Newell, Inc.
1986 - Project Engineer; Stanley /W antman, Inc.
1985 ~ Project Coordinator; Palm Beach County Engineering
Pertinent
Experience
Roadway - Design and permitting of major County and State
roadways including Congress Avenue, N.W. 22nd Avenue (Delray
~.. Beach), Lantana Road, and Lake Worth Road. Also involved in the
design and permitting of the backbone roadway stem for a 1200
acre industrial park as well as miscellaneous alignment studies.
Land Development - Design, permitting and construction observa-
tion of parcels within large-scale planned unit developments.
Design and planning of master water, wastewater and drainage
plans for planned unit developments. In charge of annual parks
contract with Palm Beach County. Implemented design and
reonovation of several parks within Palm Beach and Martin Coun-
ties. Liaison for the SFRN Stuart Office, overseeing the design and
permitting of all projects within the Martin and St. Lucie County
areas.
Specialty Permitting - Miscellaneous dredge and fill, wetland
mittigation, septic tank. design and Department of Environmental
Regulation and U.S. Army Corps of Engineer jurisdictional deter-
minations.
Organizations
National Society of Professional Engineers
-- American Society of Civil Engineers
Florida Engineering Society
Palm Beach County Planning Congress
____·m
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE .2.11-- -?Jr¿gb BUSINESS PHONE
ON ~T BOARDS ARE YOU INTERESTED IN SERVING rJOP¡;' /;'4 ft'R(~,JçM¡:;'lv'r
1; Vk~P
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~
@/2.P1f' fJ¡ fi?f6F MI1¡J( p~~ f<P
EDUCATIONAL QUALIFICATIONS -Þ1~ oj 5'Ç} J t-1 t;/r'
I
LIST ANY RELATED LICENSES WHICH YOU HOLD
.....-n
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION
féúUY .
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARDßdf:JJ Ctf It I/( /tJ.4:Á¡J + ,Y 13',4 ß.$:.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
SIGNATURE DATE
4/90
CITY OF DELRAY BEACH
- ßOARD MEMBER APPLICATION
SltiV\e~ s. ~O lerw~
NAME
-1Æ~~ j\\..(J.), \~ ~i-. C~lo~ \)et~'b~ ~~c.r~r
HOME Å TREET ADDRESS:-CITY, ZIP (LEGAL RESI NCE)
) NØNtr -
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
-
~1 ~- liJ?) .s£L-.A'"
HOME PHONE BUSINESS PHONE
ON WHA~:~CDS ARE YOU I1ERE~ED ~~SERVrG ~ø.~ÐV\' ~\UÅ ~"'1'1"1
"'ß~ ..-- be' CUr ð ~ tt-b Ul..e C .
YOU
EDUCATIONAL QUALIFICATIONS ')...~ ~ dctl.~ (
.- - -
--- -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
_____~~M ,;- __
------
GIVE YOUR PRESE~T, ~ MOST RECENT EMPLOYER, AND POSITION
~~\~-~~~~
DESCRIBE. EX.PERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. - ~ i ~ 0 '" Uo.~~~'t 't' )..0 v-.~~ bo~.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. /1/3/90 ~~J
~T~
-_.- ~J~_______
DATE
7/9/ ~
~
~ .. ---.., "'"~"-'-"-
. .
CITY OF DELRAY BEACH ~. 0r'\O
BOARD MEMBER APPLICATION .. ~..~
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EDUCATIONAL QUALIFICATIONS
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BOARD ~. 1.' i '
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I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AJ.'l D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
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DATE
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9/8/87 'Ib: City caissioners 1\4.cLu~"""- "-'::-04-.:": ._.i1[~
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Attn: James Pennington, City Manager
City of Delray Beach, Fla.
RESUME
NAME: Anthony Veltri
ADDRESS: 2915 C NW 12 St. Delray Beach, Fla. 33445 Phone: 272-0252
Ed~cation: High School plus courses in Business Admin. and
Labor Management, Columbia Uni v. , N.Y.
Career: 28~ years in General Adjustment Bureau - last ten years
as Executive General Adjuster, NYC, handling all types
of insurance claims (property and casualty)
Community Service: Kiwanis Club, Lions Club in Baldwin, N.Y.
Served on Coconut Creek City Council as Councilman
for three years and Vice Mayor one year.
While on Coconut Creek Council, appointed applicants
to various boa~s including Board of Adjustment.
Helped to plan shopping plaza and zoning in Coconut
Creek to accomodate citizens within zoning regulations.
Annexed land to City of Coconut Creek. Instrumental
in getting more serviceable roads in the city (extension
of Atlantic Blvd. and new access road to Broward Community
College.
Served as president of association at Wynmoor Village
four years and Director of Master Assoc. (Rainberry Bay
for two years.
Personal References:
Mr. Sidney Gelfand, 3105 NW 15 St, Delray Beach
Mrs. Christine Coble(former Mayor and present Councilwo man
243 Sunshine Drive, Coconut Creek, Fla. 33066
/
CITY OF DELRAY BEACH
\.. NAME f1i /I c-L BO~ ~ER APDCAT: !1 ,tJ H
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ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
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EDUCATIONAL QUALIFICATIONS e,} L-L-Æ-fr£- (;¿¡, D tJA TL -
B.). IH &)/ ;/£SJ A-v }J,/ HJS'Tf-fmo t-I- !1A-J o!- I H
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I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE Ñ~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
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CITY OF DEL RAY BEACH
- BOARD MEMBER APPLICATIOR )
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NAME /
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LIST ALL CITY BOARDS ON WHICH YOU ARB CURRENTLY SERVING OR RAVE PRIVIOUSLY
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UNDERSTAND THAT A.Y MISSTATEMENT OF MATERIAL FACTS CONTAINID IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
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MEMORANDUM ~~
TO: MAYOR AND CITY COMMISSIONERS ~
FROM: CITY MANAGER" ,,~
SUBJECT: AGENDA ITEM # qo - MEETING OF DECEMBER 10, 1991
CHANGE ORDER NO. l/ARZ BUILDERS, INC.
DATE: December 6, 1991
This is a Change Order to the contract with ARZ Builders, Inc. in
the amount of $80,685 to construct a positive drainage system for
Pineapple Grove Way and extending the contract completion date by 45
days to accommodate the additional work.
During the construction of the drainage system, it was determined
that the required drainage could not be accommodated without
connecting directly to the storm sewer. This Change Order reflects
the costs of making those connections.
Recommend approval of Change Order No. 1 to the contract with ARZ
Bui lders, Inc. in the amount of $80,685 with funding from 1987
Utility Tax Bond Issue/Pineapple Grove Way (Account No.
333-4151-572-61.70).
·
M E M 0 RAN DUM
----------
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: PINEAPPLE GROVE WAY - ARZ BUILDERS, INC.
ADDITIONAL SCOPE OF WORK - CHANGE ORDER II 1
DATE: DECEMBER 6, 1991
ITEM BEFORE THE COMMISSION:
- -
Approval for an increase in the contract amount to ARZ Builders, Inc. , to
provide for additional scope of work to construct a positive drainage system
for the Pineapple Grove Project. Total amount of the change order is
$80,685.00. An additional 45 days to complete the work is also requested.
The original contract amount was $94,153.00 and the original contract time
was 60 calendar days.
BACKGROUND:
During the course of construction, it was found that the drainage could not
be accommodated utilizing 4" P.V.C. piping running through the nodes to
carry the water to the catch basins at the intersections.
Both the City Engineering Department and our consultant Williams, Hatfield
and Stoner determined that the only valid solution was to install a positive
drainage system, providing connections to the existing storm sewer along the
west side of Pineapple Grove Way.
RECOMMENDATION:
We recommend City Commission approval for a change order in the amount of
$80,685.00 to provide for the additional scope of work, and an increase in
the contract time to provide for an additional 45 calendar days.
REVISED COST ESTIMATE
PINEAPPLE GROVE WA¥
12/7/199
UNIT
DESCRIPTION QUANTITY UNIT Pf(ICE COST
-. -
SAWCUT EXISTING 1511
AND 1811 TO lNSTALL BASINS 11 EA 250 $2,750.00
CORE EXISTING BASINS 2 EA 350 $700.00
REMOVE EXIST. .CONC. WALK 90 BY 7.S $675.00
rÅ’MOV:E EXIS'I' PAVEMENT 350 SY 10 $3,500.00
REMOVE NEW CU~B 130 LF 7 $910.00
NEW CONC. WALK 90 SY 12 $1,080.00
ASPHALT RESTORATION 350 SY 21 $7,350.00
NEW TYPE D CURB 130 LF 9 $1,170.00
TYPE P-IO INLET , 10 EA 1350 $13,500.00
TYP~ J-10 INLET : 5 J::A 1780 $H,900.00
TYPE Þ-V INLET 2 £1\ 1500 $3,000.00
TYPE J-V INLET 5 EA 1975 $9,875.00
MH-P7r,r ~ 1 EA 1150 $1,150.00
12" CMP 500 LF 19 $9,500.00
15" RCP 197 LF 32 $6,304.00
SOIL TESTS 1 LS 450 $450.00
TRAFFIC SAfETY/MOBILZATION lLS 6200 $6 ,·;WO. 00
BOND 1 LS 1660 $1,660.00
ADDITION~L DEMOLITION 1 LS 2680 $2,690.00
¥~~;~~===:========~-~==~~_~~~_~c===~=~===z__~~~~_=____=c=~====e____
SUBTOTAL + $81,354.00
2" PVC 10 LF 4.9 $49.00
3" PVC 10 LF 5 $50.00
APPROVED ADDITlONAL DEMOLITION lLS 2680 $2,680.00
(EAgT SIDE)
ADDITONAI. SCULPTURE BASES 2 EA 450 $000.00
PURCHASE VVC 1LS 48 $48.00
===~==~.~~~~~==~_~=========e~~=__~_~_______.~===-e===___~_____=~~==~
SUBTOTAL + $3,727.00
CREDIT ]fOR 4" PVC TO DELRA'i BEACH - $4,396.00
TOTAL $80,68~.OO
=--=:;;_::=-_====__a
THE~E NUMBERS INCLUDE ALL DELAY, TRAFFIC AND STORAGE CHARGES
----.,
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. ' ...
ARZ BUILDERS INC.
General Construction
LlC #CBC 03 6305
Dec. 6-1991
Nancy Davilla
City Of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL. 33445
Re: Pineapple grove drainage.
Dear Nancy,
Upon your request thi~ letter j s to point out the reasons ARZ BUILl>r~RS INC. is not
able to maintain the same unit price regarding the type C inlet and C.M.P. install-
ation charged in the original contract.
At the S.W. corner of NE.2nd Ave and N.E. 2nd St. excavation was pl81wed silHultanously
to install 6" D curb and typeC inlet with only 10' C.M.P.
Whereas, the new change urder calls for 25 much larger catch basins and hundreds
of feet of C.M,P. which in requires more excavation around existing utilitic~ and
much more fill to remove from the si te, and a lot more caution to keep with the
trench safety act, and the right 1:2 slope.
Rega.rding the traffic mainten811Ce, all original work stopped 6 weeks ago, and all
<..:harges fur signs and up keep are accumJating, in addition to future usage of more
signs to detour traffic 5ince as required each block will be closed for tniffic.
Also, all storage <..:harges for pavers and landscaping since work stoppage,are included.
We hope this is satisfactory.
Sincerely,
ARZ U LDERS INC.
, 'Jf; <:: \Ai ,r.t" 6..".-, ,ð ~"A-~" p...........,......... p~~....~ ~1f',i1~ .,':~..,'" . !"Y7\ ":~\') r,'7~'i
.
CIL\NGE ORDER
o. 1
ated December 6 , 19 91
roject No. Bid II 91-66
roject Name: PINEAPPLE GROVE HARDSCAPE, SCULPTURE & LANDSCAPE INSTALLATION
wner : City of Delray Beach, Florida
:ontractor: ARZ BUILDERS, INC. 1446 S.W. 25th Avenue, Boynton Beach, Fl 33426
:ontract Date: September 16, 1991
[0 : George Abou Jawdeh
{ou are directed to make the following changes 1n the subject contract:
Provide additional scope of work to install positive drainage system per plans and
.
specifications prepared by Williams, Hatfield and Stoner dated 11-19-91.
~hich changes are more specifically described in the attached amended plans, drawings
3nd specifications.
The reason for the change is as follows : Durin~ the course of construction it was determined
that the drainage could not be accommodated without connecting directly to the storm sewer.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order: . $94.153.00
Page one of two Pages
.
. ^
J
JIGE ORDER lIo. 1 Project Pineapple Grove Way
name
2. Uet increase resulting Crom this ch<1l1ge order: $80,685.00
3. Net decrease resulting from this change order: N/A
4. Current contract price including this change order: $174,838.00
ß. Contract Time
l. COlltract time prior to this change order: 60 calendar days
2. flet increase resulting Crom this change order: 45 calendar days
3. Current contract time including this change order: 105 calendar days
Work to date has taken 21 days off the 'clock'. Upon approval and remobilizat-
ion, Contractor will have 84 calendar days to complete the work. Work would
therefore be completed by March 6, 1992 . CiTY or DELRAY BEACH. FLORiDA. 01·/11 E R
By:
Mayor Thomas Lynch
test: ~
City Clerk
City of Uelray ßeach
.
proved as to form:
City Attorney
Ie above changes are accepted on . 19 . 1 understond that
1 the provisions of the Contract Uocument related to Project Ho.
lich are not inconsistant with the terms of thls change order shall remain in e([ect
Id apply to all work undertaken pursuant to this change order.
itness:
. Contractor
. By: George Abou Jawdeh, President, ARZ, Builders
As to Contractor
Yitle
·
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGERL), 1
FROM:
.
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 10, 1991
AGREEMENT WITH HABITAT FOR HUMANITY
DATE: December 6, 1991
This item was discussed at your November 26, 1991 meeting at which
time the Commission, by consensus, agreed with the concept of the
agreement. Final action was deferred as it was necessary to
advertise the transfer of the parcel. As the transfer of the parcel
is considered a sale of City-owned property, a public hearing is also
required.
This is an agreement with Habitat for Humanity to build five (5)
homes on lots provided by the City for low-income families by
September 30, 1993. The agreement provides for the use of Community
Development Block Grant funds to purchase such lots and provide site
improvements. The waiver of all permit fees for such uni ts is also
requested.
Habitat for Humanity is a national organization that has goals and
objectives directed to providing homeownership opportunities to a
specific group of individuals. Their goals are consi stent wi th the
City's efforts and policies with regard to infill housing and low to
moderate income housing development. The initial lot to be deeded to
the organization was acquired by a City Attorney initiated
foreclosure. The property is located on S.W. 5th Avenue and is
within the R-1A (Single Family Residential) zone district.
Additional lots will be acquired using CBDG program funds over the
next two fiscal years.
Recommend approval of the agreement with Habitat for Humanity and
approval of the transfer of title for a City-owned parcel located on
S.W. 5th Avenue.
'""'1
· .
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
RE: CITY COMMISSION APPROVAL OF AGREEMENT BETWEEN TBB CITY
ÃÑi>BABITAT FOR BUMAHITY OF BOCA/DELRAY
- - -
DATE: NOVEMBER 19, 1991
ITEM BEFORE THE COMMISSION:
- -
Approval of proposed agreement between the City of Delray Beach
and Habitat for Humanity of Boca-Delray to build five (5) homes
on lots provided by the City for low-income families by September
30, 1993. The agreement provides for the use of CBDG funds to
purchase such lots and provide site improvements. The waiver of
all permit fees for such units is also requested.
BACKGROUND:
The City has determined, through policies adopted within the
Housing Element of the Comprehensive Plan and policies
recommended and accepted through the final report of the
Neighborhood Task Team, to create an "Infill Housing
Redevelopment Program," (Policy B-2.3 (f). The NTT identified the
non-profit organization of Habitat for Humanities as being one
that the City might consider a partnership agreement with to
provide for affordable in fill housing for the lower-income
family. We received a proposal from this agency on October 23,
1991. The proposed agreement provides the terms and conditions
for such a partnership. Habitat for Humanities is a National
organization that has goals and objectives directed at providing
homeownership opportunities at a specific group of individuals
that are consistent with the City's efforts and policies.
The initial lot to be deeded to the organization was acquired by
a City Attorney initiated foreclosure1 the owners choose to
provide a fee simple deed arrangement instead. The property is
located on Southwest Fifth Avenue and is within a R-l-A zoning
district. Additional lots will be acquired through CDBG program
funds over the next two (2) fiscal years.
RECOMMENDATION:
We would recommend City Commission approval of the proposed
agreement between the City and Habitat for Humanity of
Boca-Delray to provide home ownership opportunities for low-
income residents and authorize the use of CDBG funds to acquire
and make available lots within the target for such home
,qonstruction. The waiver of permit fees is also requested.
LB:DO D11 Habitat.Mem
·
AGREEMENT
CITY OF DELRAY BEACH
AND
HABITAT FOR HUMANITY OF BOCA-DELRAY
This is an Agreement between: City of Delray Beach, a political
subdivision of the State of Florida, its successors and assigns,
hereinafter referred to as "City", through its City Commission,
and
Habitat For Humanity, a non-profit corporation of the mutual
terms and conditions, promises, covenants and payments hereinafter set
forth, City ~nd Subgrantee agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
1.1 Assurances: means those assurances made by the Subgrantee to the
City as specifically set forth in this Agreement.
1.2 City of Delray Beach Community Development Block Grant Program:
means the Community Development Program applied for by the City
of Delray Beach and awarded by the United States Department of --
Housing and Urban Development as authorized pursuant to Title I,
Housing and Community Development Act of 1974, Public Law 93-383,
as amended.
1.3 CDBG Funds: means the Community Development Block Grant Funds;
The monies given to the Subgrantee pursuant to the terms of this
Agreement.
1.4 Grantee: means City of Delray Beach, Florida.
1.5 H.U.D. : means the United States Department of Housing and Urban
Deve lopmEm t .
1.6 proj ect (s) : means the project or projects set forth in Article
III hereof, and Exhibit "Aft en ti t le.d Scope of Services and
timetable.
1.7 Rules and Regulations of H.U.D.: means 24 CFR 570, "Communi ty
Development Block Grant Regulations"; OMB Circular Ä-122, and OMS
Circular A-II0.
1.8 Subgrantee: means Habitat for Humanity of Boca-Delray.
·
ARTICLE II
PREAMBLE
This Agreement between the City and Habitat For Humanity of Boca-
Delray on the following mutual considerations:
Under the Rules and Regulations of H.U.D., the City is
administrator of the CDBG program and the City is mandated to
comply with various statutes, rules and regulations of the United
States and the Rules and Regulations of H.U.D., as to the
allocation and expenditure of funds.
ARTICLE III
PROJECT
The Subgrantee hereby agrees to provide and implement the
following eligible Project:
Home Ownership
Opportunities for Lower Income Families
The project is more specifically described and set forth in
Exhibit "A" attached hereto and by this reference made a part hereof.
ARTICLE IV
ASSURANCES
The Subgrantee hereby agrees to comply with:
4.1 Title VI of the Civil Rights Act of 1964 (Public Law 88-352: 42
U.S.C. S. 2000 d et seq.): and
4.2 Title VIII of the Civil Rights Act of 1968 (Public Law 90-284; 42
U.S.C. s. 3601 ~ ~.)1
4.3 CFR 24, 5.510.608 lead-based paint notification inspection,
testing and abatement procedures.
4.4 The requirements and standards of OMB Circular NO. A-81, OMB
Circular A-128 and with the relevant Sections of 24 CFR Part 85.
4.5 Any other rules, regulations or requirements as H.U.D. may
reasonably impose, in addition to the aforementioned assurances.
,~ 'I
· -
ARTICLE V
FINANCIAL RESPONSIBILITIES
5.1 Subgrantee hereby gives the City, H.U.D., and the Comptroller
general, through any authorized representative, access to and the
right to examine all records, books, papers or documents relating
to the Project.
5.2 Subgrantee hereby agrees to maintain books, records and documents
in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds
provided by the City under this Agreement.
5.3 Subgrantee hereby agrees that if it has caused any funds to be
expended in violation of this Agreement, it shall be responsible
to refund such monies in full to the City.
ARTICLE VI
TERM OF AGREEMENT
--
This Agreement shall commence on the day the City executes the
Agreement and shall terminate on September 30, 1993.
ARTICLE VII
TERMINATION
In accordance with 24 CFR 85.43, suspension or termination of
this Agreement may occur if the Subgrantee materially fails to comply
with any term of the grant, and that the grant may be terminated for
convenience in accordance with 24 CFR 85.44.
ARTICLE VIII
LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law and clause required by law to
be inserted in this Agreement shall be deemed to be inserted
herein, and this Agreement shall be read and enforced as though
it were included herein and if, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted, then
upon application of either party this Agreement shall forthwith
be amended to make such insertion.
_..._,--~-,.._.._.. -...
· -
In witness Whereof, the parties have executed this Agreement at
Delray Beach, Florida this day of , 1991.
Habitat For Humanity City of Delray Beach, Florida
of Boca-Delray
Thomas ·E. Lynch
Mayor
Witness:
';"·1
- . , .
Habitat For Humanity
of Boca-Delray
Subgrantee (CDBG Program)
EXHIBIT A
The City will convey at no cost a parcel of land situated in Palm
Beach County, Lot 1, Section 20 Township (Delray Beach) for the
purpose of providing a home to an eligible, low-income family.
The City will purchase and convey at no cost four (4) additional lots
during the term specified within this Agreement (thru September 30,
1993) to Habitat for Humanity Boca-Delray for the purpose of providing
homes to eligible, low-income families.
The City will provide site improvements at a cost not to exceed three
thousand dollars ($3,000) for each lot deeded to Habitat under the
terms of this Agreement.
Habitat For Humanity of Boca-Delray will select a low income family,
preferably a Delray Beach resident, construct a dwelling unit in
accordance with all City codes and convey the real property and
improvements to the family selected at a cost to be determined by
Habitat for Humanity of Boca-Delray.
The family will qualify as an eligible, low-income household as
defined ~y the City of Delray Beach Community Development Block Grant
Program.
In the event that the property and improvements are not developed and
conveyed to an eligible family within twenty-four (24) months from the
transfer of the deed, the land will revert back to· the City of Delray
Beach.
dl1
Habitat.CC
."_.~"-
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER c.(}-
SUBJECT: AGENDA ITEM # (0& - MEETING OF DECEMBER 10, 1991
ORDINANCE NO. 87-91
DATE: December 6, 1991
This is a second reading of an ordinance amending the Land
Development Regulations to provide for the placing of restrictions on
truck parking in the R-1A (Single Family Residential) zone district.
Previously, the Commission has considered ordinances designed to
restrict the parking of trucks and other commercial vehicles in the
R-1A zoning districts. Howeve r , as this issue was not resolved and
the parking of trucks and other commercial vehicles continues to be
perceived as one of the primary causes of blighted conditions in the
R-IA district this ordinance is being brought back before you.
As proposed, this ordinance provides for the parking of a maximum of
two, one and one-half ( 1 1/2) ton trucks on lots in the R-1A zoning
districts. This provision is less restrictive than the ordinances
previously proposed; thus, minimizing the impact on the small
business person who may need to park his work vehicle at home.
A detailed staff report is attached as backup material for this item.
The Planning and Zoning Board is scheduled to hold public hearing on
this item at their December 16, 1991 meeting. As this item has been
advertised for public hearing by the Commission at this meeting,
staff recommends that the Commission open the public hearing and
continue final action on this ordinance to your January 14, 1992
regular meeting.
Recommend continuation of the public hearing on Ordinance No. 87-91
until January 14, 1992.
PH ~ c:t-- ~ & I IlL! /9õL
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 20.91 12:52 P.û2
ORDINANCE NO. ~ì -q¡
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4. ð, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.5.13, "PAftKING AND STORAGE
OF COMMERCIAL VEHICLES, BOATS, TRUCICS, AND SIMILAR
VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE or ORDINANCES or THB CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 4.6.13(8), "PERMIS-
SIBLE PAIUtING" TO PROVIDE FOR THE PLACING OF
RESTRICTIONS ON TRUCIC PAMING IN R-IA ZONING
DISTRICTS; TO PROVIDE FOR PAIUtING A MAXIMUM OF TWO
ONE AND ONE-HALF TON TRUCKS ON LOTS IN R-IA ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A
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 4.6.13, "Parking and
Storage of Conunercial Vehicle., Boats, TrucJcs, and Similar Vehicles",
Subsection 4.6.13 (B), "Permissible Parking", of the Land Development
Regulations .of the City of Delray Beach, florida, be, and the same 18
hereby amended to read as follow.:
(8) permissible parking:
(1) Trucks I Restrictions on truck parking shall be
applicaÞle in all residential zoning districts other-than-R-iA
and shall permit only panel, pick-up, van and sim1lar type
trucks,_ not over 3/4 ton rated capacity. In all R-IA zoning
distr ct. the restrictions shall a 1 to trucks of one and
one half (1 1 2) ton or \reater capacity. S~C ~Ye ieiee-may
on7y-be-~arked-on-a-~la~- .~roYe~-wttb-the-residence.-and-m~.e
be-lIsed-by-a-reeident-of-the-Dremi.e.T In all residential
zonina districts. no more than two (2) trucks may be parked on
a lot improved with a residence. Such vehicle must Þe used by
a resident of the DremUes. For purpose. of this section, a
lot include. the property on which the residence 111 located
and an ad acent lot which i. under the control of the owner
or essee 0 t ere. ence. PAr~ing on vacant' lots is
otherwise prohibited.
Section 2. That should any .ection or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court ot competent jurisdiction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof 4S a whole or
part thereof other than the part declared to Þe invalid.
Section 3. That all ordinance. or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become etrective 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 I
City Clerk
First Reading
· Second Reading
-,
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ :,/
RE: PROPOSED AMENDMEN'l' TO TRUCK PARKING WITHIN R-I-A ZONING
DISTRICTS
DATE: NOVEMBER 19, 1991
ITEM BEFORE THE COMMISSION:
- -
Review of proposed amendment to Chapter 4, Section 4.6.13
regulating the parking and storage of commercial vehicles, boats,
trucks and similar vehicles within R-1-A zoning districts
throughout the City. Directing a review and recommendation from
Planning & Zoning Board and provide direction to staff on
required Public Hearing date.
BACKGROUND:
The City Commission has had several opportunities to review
proposed amendments to Section 4.6.13 that were attempting to
include some restriction to the parking of trucks and other
commercial vehicles in R-1-A zoning districts. The item was
first presented to the Commission in October, 1990 (Ordinance *
54-90) and reviewed at a workshop meeting on November 7, 1990,
revised and brought back to the Commission after P & Z review and
recommendations under Ordinance #9-91 on February l2, 1991 for
Public Hearing, at which time the ordinance was denied on a 5-0
vote from the Commission.
The parking of large commercial and other trucks continue to be
one of the primary causes of blighted conditions within R-1-A
zoning districts. We continue to receive complaints on such
matters and the Neighborhood Task Team (NTT) continue to support
some restrictions being imposed to truck parking in R-1-A zoning
districts. Therefore, we are bringing this item before the
Commission again, with modifications that may be less impacting
on the small business person who would need to have the ability
to park his work vehicle at his home.
. _0..__'
~ . ..,
Truck Parking Ordinance
November 19, 1991
Page 2
The proposed text amendment would address some of the major
problems affecting R-1-A zoned neighborhoods as opposed to
maximum restrictions that currently exist for all other
residential zoning districts. It is staff's opinion that if we
can mitigate the larger problems, in time, we might be able to
further amend the codes to unify truck parking restrictions for
all residential neighborhoods. Also, consideration is given to
the fact that there are no commercial and/or recreational vehicle
parking facilities within the City except for the opportunities
that exist with storage firms. Their fees are based on the size
of the vehicle and space available.
The suggested amended language being recommended is as follows:
To amend Section 4.6.13 (B) (1) by adding a new second
sentence which would read "In all R-1-A Zoning
Districts, the restrictions shall apply to trucks of
one and one-half (1 1/2) ton, or greater, capacity.
The change to the allowable size vehicle that would be legal to
park, lessens the impact to the small business person who might
have their own lawn service, delivery service or construction
business. It would eliminate the ability for eighteen (18)
wheelers, dump trucks, loading trucks and other large commercial
vehicles from being parked within these residential
neighborhoods. We would further propose to include the following
language:
In all residential zoning districts, no more than two
(2) trucks may be parked on a lot improved with a
residence. Such vehicle must be used by a resident of
the premises. For purposes of this section a lot
includes the property on which the residence is located
and any adjacent lot which is under the control of the
owner or lessee of the residence. Parking on vacant
lots is otherwise prohibited.
RECOMMENDATION:
.We would recommend that the City Commission approve the proposed
amendment to Section 4.6.13 of the LDR's providing for
restriction to truck parking within R-1-A zoning districts and
direct the Planning & Zoning Board to review and hold required
public hearings on the same prior to a formal public hearing and
final adoption by the City Commission.
C:Trucks.LB
'''''I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~'Ì
SUBJECT: AGENDA ITEM # '0(. - MEETING OF DECEMBER 10, 1991
ORDINANCE NO. 88-91
DATE: December 6, 1991
This is a second reading of an ordinance rezoning Lots 23-28, Block
5, Southridge Subdivision from R-1A (Single Family Residential) to
RM (Multiple Family Residential - Medium Density) zone district.
The subject property consists of six single family lots which are 50
feet wide and vary in depth from 100 to 116 feet. Three lots front
on Douglass Avenue and the other three front on S.W. 8th Avenue. If
the rezoning application is approved, the applicant is proposing to
abandon that portion of S.W. 8th Avenue between this property and the
Groves development, and then combine the property for an expansion of
the Groves.
The petition that was submitted involved the rezoning of a portion of
the Southridge Subdivision to a multi-family designation with no
regard to its final build out.
The Planning and Zoning Board at their November 18th meeting held a
public hearing on this item. Both the public and the Board expressed
concerns with regard to the access of the multi-family units through
the Woods of Southridge and the ultimate development potential of the
site with no guarantees.
In order to mitigate the above concerns, the applicant agreed to
amend his petition to replat the property; thus, aggregating the
property into a single parcel and to provide a non-access easement
along Douglass Avenue.
The Board then recommended approval of the rezoning request by a 3-2
vote (PurdojNaron dissenting), with the condition that the plat and
access easement be in place prior to the Commission taking action on
the second reading of the ordinance.
Those actions have not been completed. However, as this item has
been advertised for public hearing, the Commission should open the
hearing on this item and continue final action until such time as the
conditions as recommended by the Planning and Zoning Board are met.
Recommend continuation of Ordinance No. 88-91, until such time as
the conditions as recommended by the Planning and Zoning Board are
met. 1~I'o'9'- PH ~ <1-~j ~(llsliOYJ
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ORDINANCE NO. 88-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT
IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY)
DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5,
SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
r
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the RM
(Multiple Family Residential - Medium Density) District, as defined in
Chapter Four of the Land Development Regulations of Delray Beach, Flori-
da, to-wit:
Lots 23-28, Block 5, Southridge, according to the Plat
thereof recorded in Plat Book 13, Pages 38 and 39 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 0.83 acre parcel
of land, more or less.
The subject property is located on the northeast
corner of S.W. 8th Avenue and Douglass Avenue, Delray
Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
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REZONING FROr-1 R-lA TO RM
SOUTHRIDGE BLOCK
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: JANET MEEKS, PLANNER II
THRU: ~~~OVACS' DIRECTOR
DE A ~ANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 26, 1991
ORDINANCE 88-91, REZONING OF R-1A (SINGLE FAMILY
RESIDENTIAL) TO RM (MULTI-FAMILY) FOR LOTS 23-28, WOODS OF
SOUTHRIDGE SUBDIVISION.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
on first reading of Ordinance 88-91.
The property involved is Lots 23-28, Woods of Southridge
Subdivision. The rezoning is from R-1A (Single Family
Residential) to RM (Multi-Family).
The subject property is situated between S. W. 8th Avenue
(unimproved) and Douglas Avenue. The site contains
approximately .83 of an acre.
BACKGROUND:
The subject property consist of six single family lots. The property
was recently pu~chased by Haggerty Associates who are the developers
of the "Groves of Delray". It is declared by the applicant that upon
consummation of this rezoning, he will seek abandonment of that portion
of S.W. 8th Avenue between this property and the Groves, and then
combine the property for an expansion of the Groves.
The petition which was submitted involved the rezoning of a portion of
of the Southridge subdivision to a multi-family designation with no
guarantees in regard to its final build out.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 18th, the Planning and Zoning Board reviewed
this item before a public hearing. Concerns of both the public and
the Planning and Zoning Board where the access of the multi-family
units through the Woods of Southridge and the ultimate development
potential of the site with no guarantees.
'III
City Commission Documentation
Ordinance 88-91, Rezoning of R-1A (Single Family Residential) to
RM (Multi-Family) for Lots 23-28, Woods of Southridge Subdivision
Page 2
In order to mitigate the above situation, the applicant agreed to a
compromise position put forth in the staff report to ammended his
petition to replat the property aggregating the property into a single
parcel and the provision of a non-access easement along Douglas
Avenue. (See attached staff report for additional information)
The Board recommended approval of the rezoning request on a 3-2 vote
(Purdo and Naron dissenting), with the condition that the plat and
access easement be in place prior to the City Commission taking action
on the second reading to consummate the rezoning.
RECOMMEND ACTION:
By motion, approval of Ordinance 88-91 on first reading with the
condition that the plat and access easement be in place prior to the
second reading.
Attachment:
* P&Z Staff Report
jcm/#9:hagerty
November 18, 1991
To: David Kovacs,
Director of Planning and Zoning,
City of Delray Beach, Florida.
From: B~ian Haggerty.
Re: Rezoning of Lots 23-28 inclusive, Block 5 ,
Southridge Subdivision, from R-lA to RH.
We have read the staff report and agree with their
position, and request that we move forward with
approval for this rezoning by our agreeing to abide
by the following conditions:
Change petition to agree to plat property
aggregating all lots, and by providing a
non-access easement along Douglas Avenue.
Further, we want to reiterate that it is our inten-
tion to incorporate these lots into The Groves of
Delray development plan.
Thank you.
B{Qe~
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PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
.
MEETING DATE: November 18, 1991
AGENDA ITEM: IlLS.
ITEM: Rezonin~ from R-IA to RM, Lots 23-28, Woods of Southridge Subdivision. Property
is to be combined with "The Groves".
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GENERAL DATA:
Owner..... ....................Brian Haggerty
Agent.........................Haggerty Associates
Location......................On the northeast corner of S.W. 8th
Avenue and Douglas Avenue.
Property Size.................O.83 Acres
City Land Use Plan............Redevelopment Area .3
City Zoning...................R-IA (Single Family Residential)
Proposed Zoning...............~~ (Multi-Family Residential)
Adjacent ZOQing...............North: R-IA
East: R-IA
South: R-IA
West: RM
Existing Land Use.............Vacant
Proposed Land Use.............Subject property is to be
incorporated into a multi-family
project to the west.
Water Service.................Exlstlng 6" water main along
Douglas Avenue.
Sewer Service.................Exlstlng 8" sanitary sewer line
along Douglas Avenue. IILB
-
.
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on a
proposed Rezoning from R-IA (Single Family Residential) to RM
(Multiple Family Residential) for Lots 23-28 inclusive, Block 5 of
Southridge Subdivision.
The subject property is located north of Linton Boulevard, within the
single family subdivision of Woods of Southridge and situated between
S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains
approximately .83 of an acre.
B A C K G R 0 U N D:
The subject property consist of six single family lots. The lots were
platted on September 16, 1925 as part of the Southrldge Subdivision.
While there is no specific development history on these parcels, it
is important to note existing conditions and the relationship of this
rezoning to the proposed "Groves of Delray" project.
The property is vacant. Three lots front on Douglas where a fence has
been erected by the Woods of Southridge Association; thus, blocking
access. Three lots front on S.W. 8th Avenue which is unimproved.
S.W. 8th Avenue is also fenced off within the Woods of Southridge.
During annexation hearings associated with "The Groves", there was a
clear expression that there would be no access to The Groves via S.W.
8th Avenue.
This property was recently (August 29, 1991) purchased by Haggerty
Associates who has a linkage to the Groves of Delray residential
project which is currently in site plan review before SPRAB.
As The Groves of De1ray is being processed as a senior citizen
development with tax credit financing, this rezoning action is also
tied to the item of affordable housing.
Putting all these items together, the request becomes a bit more
complicated than that one would find in a straight rezoning
consideration.
PROJECT DES C RIP T ION:
The request is to rezone six R-IA lots to six RM lots. The Lots are
50' wide with varying depths of 100'-116'. It is declared by the
applicant that upon consummation of this rezoning, he will seek
abandonment of that portion of s.w. 8th Avenue between this property
and The Groves, and then combine the property for an expansion of The
Groves. All access to The Groves will be from other than through the
Woods of Southridge.
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 2
PRO J E C T A N A L Y S I S:
REQUIRED FINDINGS:
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the staff report
or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These
findings relate to the following four areas.
( 1 ) Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent with
the land use designation.
The property is designated as Redevelopment Area #2 on the Future Land
Use Map. Pursuant to the Land Use Element:
This designation is applied to those areas which have bee
identified in the Land Use Element as being in need ot
redevelopment. Development shall occur pursuant to a specific
"redevelopment plan" which is to be prepared pursuant to
Objective C-2 of the Land Use Element. If a development proposal
is presented to the City Prior to the creation and adoption of a
redevelopment plan, that proposal shall be handled in one of the
following ways:
a. The application shall be placed on hold for not more than
six months while the redevelopment plan is prepared;
b. the application shall be processed on a case-by-case basis
with the existing Zoning Map, the Land Use Element, and
Housing Element providing the Local Planning Agency with the
policy guidance needed to properly dispose of the
application.
It is appropriate to consider this application on a case specific
basis due to its limited nature (small scale) and acknowledging that
the Redevelopment Plan for Area .2 is not scheduled until FY 93/94
(Ref: LUE Policy C-2.8). With respect to the "policy guidance"
items, the following is provided.
The existing zoning is R-l-A as is adjacent zoning to the east, north...
'and south. To the west Is R.M (The Groves). It is clear that t
current zoning patter reflects existing conditions (l.e. platted 10"'...
are R-l-A, unplatted parcels are RM). If the property were (as 15
proposed) legally tied to The Groves, consistency would be presumed.
-
P&Z Staff Report
woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM
Page 3
The Land Use Element, through Policy C-2.8, states that residential
use is most appropriate for this portion of Redevelopment Area 12.
There is no distinction between the type of housing.
The Housing Element, specifically through Objective B-2, sets forth
policies and programs for redevelopment of substandard neighborhoods
and the provision of infill housing. The Element also addresses
meeting unmet housing needs of special populations.
The property, since it is a part of the Woods of Southridge, is
designated in the "stabilization" category; while, the vacant property
to the west is "redevelopment"; to the north the. designation is
"revitalization/rehabilitation".
Please refer to the later discussion under Consistency for more
discussion regarding other plan policies. By combining this property
(as is proposed) with the Groves it is seems that objectives of the
Housing Element will be promoted. However, without such a linkage the
rezoning would create an opportunity for inappropriate infill.
( 2 ) Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element must be met and a determination made that the
public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and
provide, or to require the provision of, needed capital improvements.
In that this is nondevelopment specific rezoning consideration only a
broad approach to concurrency needs to be taken at this time. The
purpose of this broader look is to insure that problem areas are
identified or to determine if the increased development potential
(per "upzoning") would create service provision problems. Each
service is br~efly addressed. Also, a comparison is made with respect
to the existing development potential of six single family detached
units.
Water: A 6" water main runs along the south side of Douglas Avenue.
While service can be extended into the site from that main, it is
inappropriate to do so if the property is united with The Groves.
However a connection may be required to enhance overall system
reliability and functionally. Also, while a fire hydrant is located
100' south of the subject property it would not be accessible to The
Groves. Thus, additional fire suppression will be required.
Sewer: Similarly the 8" sewer main which exists in Douglas Avenue and
whlch ends at a manhole adjacent to Lot 24 is not appropriate for use
for the multiple family use.
Drainage: All drainage will need to be accommodated on site. No
problems are anticipated in accommodating drainage.
P&Z Staff Report
. Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM
Page 4
Streets and Traffic: Pursuant to Palm Beach County Traffic
Performance Ordinance '90-40, residential developments east of I-95
are exempt from its provisions with the exception of provision of
traffic generation information.
A traffic statement has been provided. A total of 60 trips per day
are already· vested for the single family residential lots. If 14
multi family units are constructed (as is proposed), 98 trips per day
would be generated. This would leave a balance of 38 additional trips
which would .impact the roadway system.
All of the above trips would not impact the Woods of Southridge since
they will be directed through The Groves project.
Parks: OS standards in terms of park area are accommodated in this
portion of the community. Pursuant to Section 2.4.3(K) (4) (a), an
in-lieu Park Dedication Fee of $500.00 will be assessed for each
residential unit. This fee will be directed to providing facilities
(park components) for the new residents.
Solid Waste: With the proposal to link this land with The Groves an
considering the proposed nature of The Groves (senior citizen
housing) , there will be less solid waste generation than would be
found if individual lot (single family detached) development occurred.
Because of the small scale of the project itself, there will be
minimal impact regarding solid waste.
( 3 ) Consistency: Compliance with the performance standards set forth
in Section 3.3.2, along with the required findings in Section 2.4.5,
shall be the basis upon which a finding of overall consistency is to
be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making of a finding of overall
consistency. The applicable performance standards of Section 3.3.2
and other polic"ies which apply are as follows:
Section 3.3.2 - Standards for Rezoning Actions:
A) Performance Standard 3.3.2(A) states that a rezoning to other than
CF within stable residential areas shall be denied.
* This standard does not apply.
B) Performance Standard 3.3.2(B) states: Affordable housing for
moderate and middle income families, particularly first time home
buyers, may be achieved through increases in density when it car
be demonstrated that the increase will result in a mor
affordable product provided that other policies of the Housing
Element are maintained.
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM
Page 5
* While affordable housing is tied to this rezoning
application, the targeted population is limited to persons
over 55 as opposed to first time home buyers. The density
increase being sought is directed more to the housing type
(apartments) as opposed to just increasing unit count. The
application is not inconsistent witþ this standard.
C) Performance Standard 3.3.2(C) pertains to strip commercial use.
* It does not apply.
D) Performance Standard 3.3.2(D) states: That the rezone shall
result in allowing land uses which are deemed compatible with adjacent
and nearby land use both existing and proposed or that if an
incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
* As the petition stands today, it is inappropriate to rezone
a portion of a predominately single family subdivision to
multi-family with no guarantees in regard to its final build
out. Once rezoned, the property would consist of 6
individual multi-family lots taking access through a single
family residential neighborhood. (Please refer to the
discussion of use of lots of record in the LDR compliance
section of this report.)
* The above situation should be mitigated. One method in
which this could be accomplished would be to consider a
revised petitions which aggregates the property into a
single parcel and which restricts access from the parcel
onto streets within The Woods of Southridge (restricting
access only to the north or west).
Other aspects of the Comprehensive Plan: The following relates to the
other aspects of the Comprehensive Plan which have some bearing upon
this application. Only land use related items are addressed. Those
policies which pertain to the affordable housing aspect of the request
(as it relates to The Groves of Delray) are more appropriately
addressed when considering that site plan application which is under
review for consideration by SPRAB.
Policy C-2.4, Development of remaining vacant properties which are
zoned for residential purposes shall be developed in a manner which is
consistent with adjacent development regardless of zoning
designations. These policies shall be implemented through the review
process associated with platting and site plans and shall be effective
immediately.
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM
Page 6
* As identified earlier, as long as the property is associated with
The Groves without access through the Woods of Southridge this
policy is not diminished. Already there exists a boundary
between multiple family and single family housing, the issue (if
there is one) is essentially where that boundary should be.
Policy C-4.2, If it is determined that the City should provide
additional low to moderate income units through additional housing
projects, target areas shall be identified and reflected on the Land
Use Map through a formal plan amendment. However, such locations
shall not occur withi~ areas currently designated as "rehabilitation"
or "stabilization" and revitalization" areas.
* As identified earlier, this site is classified as
"stabilization"; the purpose of the rezoning is to provide
housing for a targeted area. However, if this property were
linked exclusively to the property to the west, the boundaries of
the residential classification map would be adjusted accordingly.
Policy C-4.4, until such time as the plan amendment of Policy C-4.2 is
adopted, the City shall not engage or entertain programs for
additional low-moderate income housing, especially with'
"Rehabilitation and Stabilization and Revitalization" areas except a...
provided for under Goal Areas "A" an "B".
* See the above response.
Note: Goal Areas "A" and "B" would involve activities
undertaken in programs of neighborhood stabilization and
pursuant to redevelopment strategies.
( 4 ) LOR Compliance: Whenever an item (finding) is identified in the
LDRs it shall, specifically be addressed by· the body taking final
action on. a land development application/request. Such items are
found in Section 2.4.5, and special regulations found within
individual zoning districts.
Pursuant to Section 2.4.5(D)(1), a justification statement providing
the reason for which a change in zoning is being sought must accompany
the request. The' code further identifies certain valid reasons for
approving the change being sought. These reasons include the
following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which makes t._
current zoning inappropriate;
-
·
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM
Page 7
* That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more
appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states the
following reasons for the change being sought:
"This change is compatible to the Future Land Use Map, in that
this property isn't only within a redevelopment area of the City,
but also adjacent to existing RM property. Further, this RM
zoning will be necessary in the future to encourage redevelopment
of adjacent properties to the north that is presently a blighted
area. "
The applicant apparently has chosen the last of the above for a valid
reason to rezone the property. Since there is no underlying
designation for redevelopment areas on the Future Land Use Map, the
Planning and Zoning Board will need to determine whether or not the
requested zoning is of similar intensity. To assist in that decision,
it may be more appropriate to consider the factor dealing with a
change in circumstance. That change in circumstance would be the
legal combination of this property with the RM property to the west
and appropriate restrictions on access.
Other Considerations:
The existing lots are lots of record. However, they do not meet the
minimum lot area or the minimum lot width for the R-IA zoning district
or the RM zone district. Accordingly, pursuant to Section 4.1.4, Use
of Lots of Record:
Any lot, or parcel, of record which qualifies as a lot of record
as set forth in these Regulations, but which does not comply with
respect to minimum lot area and minimum lot dimensions specified
for the zoning district in which it is located, may nevertheless
be used (for purposes as allowed in that zoning district), as
long as it complies with all other requirements for that zoning
district, with the following exceptions.
(A) Duplex and multiple family structures may not be constructed
on a lot which has an area of less than that provided for as
minimum lot area within the zoning district.
While this section seems to preclude any multi-family development on
the subject property as submitted (i.e. without a tie to The Groves),
the aggregation of two or more lots would provide for compliance and
the ability to construct duplexes or multi-family structures.
""i
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 8
REV I E W B Y o THE R 5:
The development proposal is not in a geographic areas requiring review
by either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority), or the CRA (Community Redevelopment Agency).
Notice has been provided to owners of property within 500 feet of the
site and a Special Notice has been provided to the Woods of Southridge
Association. No written responses have been received. Some phone
calls have been accommodated.
ASS E SSM E N T AND CON C L U S ION S:
The key to accommodating this requested rezoning rests with being able
to demonstrate a change in circumstance -- specifically, that the
property under consideration is no longer a part of the Woods of
Southridge but is a part of The Groves.
Without such, the rezoning would be inappropriate due to:
* it putting RM zoning in a stabilization area which is ZOI.
R-I-A¡
* access for the multiple family units would travel through a
single family neighborhood¡
* a potential is created for the "forced" opening up of S.W.
8th Avenue as an access to the property (and hence, into the
Woods of Southridge).
While an intention to accommodate the property with The Groves is
stated, the petition at hand involves the rezoning of individual lots
which are a part of Southridge Subdivision.
Given the above assessment, it appears most prudent to recommend
denial of the petition as it stands with a comment that if the
petition were modified (as discussed in this report), it would be
appropriate to proceed with the rezoning to RH.
A L T ERN A T I V E C 0 U R S E 5 o F ACT ION:
1- Forward the petition with a recommendation of denial based upor
not being able to make necessary findings.
2. Continue with direction.
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM
Page 9
3. Forward the petition with a recommendation of approval
conditioned upon modifications to the petition. This action
should be taken only if an offer of modification is put forth by
the applicant.
R E COM MEN D E D COURSE o F ACT ION:
By motion, recommend denial of the rezoning petition based upon a
determination that, as submitted, the granting of the rezoning would
result in:
1- a potential use of land which is inconsistent with the
Future Land Use Map and its governing policies;
2. incompatibility created by the routing of traffic from a
multi-family development through an established residential
neighborhood; and,
3. the application of a zone district designation upon
individual properties which do not meet the minimum
development standards for that district.
Attachments:
* location map showing relationship to The Groves
* schematic showing how the property may be developed as a part of
The Groves
DJK/'87/HAGERTY.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~\~\ ~1H
SUBJECT: AGENDA ITEM # \..Qb - MEETING OF DECEMBER 10, 1991
ORDINANCE NO. 89-91
DATE: December 6, 1991
This is a second reading of an ordinance rezoning property located
on the southeast ·corner of Linton Boulevard and S.W. 4th Avenue
(D.B.O. Acres) from PC (Planned Commercial) to GC (General
Commercial) and AC (Automotive Commercial) zone districts, in part.
This ordinance incorporates the applicants initial request for
rezoning which sought to rezone approximately 4.68 acres from PC to
GC and .80 acres from PC to AC. That request was subsequently
modified at your September 24th meeting.
Subsequently, the Planning and Zoning Board at their November 18th
meeting reviewed the modified petition. It was the consensus of
the Board that if the modified petition were approved, the
development potential for the balance of the property retained in PC
would be limited to similar uses, i. e. fast food restaurants. The
Board recommended denial of the modified request on a 4-1 vote. As
no further modification was permitted to the caption of Ordinance No.
73-91, this new ordinance is proposed.
Additionally, the Board recommended that if this change is made to
accommodate the original zoning request it should be subject to the
condition that prior to second reading, proof is provided that the
entry adjacent to KFC can be closed and a more substantial, central
entry can be provided. If this cannot be accommodated, the Board
recommends that the entire property remain PC.
Recommend approval of Ordinance No. 89-91 subject to the conditions
as recommended by the Planning and Zoning Board.
...
., .-
-
.-
- -
ORDINANCE NO. 89-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC
(AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND
KNOWN AS DBO ACRES, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING
"ZONING DISTRICT MAP, DEL RAY BEAC H, FLORIDA, 1990";
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 DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the GC
(General Commercial) District, in part, and AC (Automotive Commercial)
District, in part, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
GC (General Commercial) District
Lots 1, 2 and the west 525 feet of Lot 3 and Tract
"B", DBO Acres, according to the Plat thereof recorded
in Plat Book 63, Page 13 of the Public Records of Palm
Beach County, Florida.
The above described parcel contains 4.68 acres of
land, more or less.
AC (Automotive Commercial) District
The east 140 feet of Lot 3, DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains 0.8 acres of land,
more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th . Avenue and the
Florida East Coast (FEC) Railroad, Delray Beach,
Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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.
*"
~.' ..
I
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
J MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-
¡
,
! -2- Ord. NO. 89-91
~ .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t¡v1
SUBJECT: AGENDA ITEM # 10.0. \ . - MEETING OF DECEMBER 10, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/TIRE KINGDOM
DATE: December 6, 1991
We have received a request for conditional use approval to establish
a specialized service shop (Tire Kingdom store) on the southwest
corner of the F.E.C. Railroad and Linton Boulevard (D.B.O. Acres
plat) .
The proposal is to establish a 6,435 square foot, one story special
automobile service facility (the original request was for a Tire
Kingdom store; however, they mayor may not be the tenant) on the
easternmost part of the D.B.O. Acres plat. The store will have
direct access on to Linton Boulevard and secondary access to S.W. 4th
Avenue via an ingress/egress easement which runs through D.B.O.
Acres. The proposed bui lding is to be orientated with the office
component facing Linton Boulevard and eight service bays with
overhead doors facing the F . E. C. rai lroad and Dixie Highway
right-of-way.
There are no unusual aspects to this project. The sketch plan which
accompanies . the application depicts a 6,400 square foot structure
oriented with its bay doors to the east. Screening is provided along
the eastern boundary. The sketch plan also provides for efficient
and effective circulation and functional relationships to the balance
of D.B.O. Acres.
If the accompanying rezoning request (Ordinance No. 89-91) is
approved, the overall use issue will have been decided. The parcel
is less than the required 1.5 acres needed for sale and lease of
vehicles, thus the uses allowed are limited to AC (Automotive
Commercial) conditional uses, one of which is specialized service
shops. However, if the rezoning request is denied, the conditional
use request will be moot.
The Planning and Zoning Board at their September 16th meeting
formally reviewed this item. However, as denial of the attendant
rezoning was recommended, no action was taken. Subsequently, on
November 18, 1991, after reconsideration of the attendant rezoning,
the Board recommended approval of the conditional use by a 4-1 vote
(Purdo dissenting), subject to conditions. A detailed staff report
is attached as backup material for this item.
~41-01
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
,..~~
FROM: ----ÐA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER lO, 1991
CONDITIONAL USE REQUEST FOR SPECIAL AUTO SERVICE
FACILITY, PORTION OF LOT 3, D.B.O. ACRES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request.
The project involves establishment of a special
automobile service facility (original request was for a
Tire Kingdom facility; however, they mayor may not be
the tenant) . It is to be located at the east end
(FEC) of D.B.O. Acres on the south side of Linton
Boulevard.
Note: this consideration must follow enactment of
Ordinance 89-91 (DBO Rezoning)
BACKGROUND:
This project involves the easterly 0.8 acres of D.B.O.
Acres. The sketch plan which accompanied the application
(and is the basis for evaluation of future full site plan
submittals) depicts a 6,400 sq. ft. structure oriented with
its bay doors to the east. Screening is provided along the
eastern boundary. The sketch plan provides for efficient
and effective circulation and functional relationships to
the balance of D.B.O. Acres.
There were no unusual aspects to this project once the
rezoning determination (to AC) was made.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
its meeting of September 16th. After the public hearing and
due to a recommendation of denial of the attendant rezoning,
no action was taken. Subsequently, on November 18th, after
...
· City Commission Documentation
Conditional Use Request for Special Auto Service Facility,
Portion of Lot 3, D.B.O. Acres
Page 2
reconsideration of the attendant rezoning, the Board
forwarded this Conditional Use application with a
recommendation of approval, subject to two conditions. The
vote was 4-1 (Purdo dissenting, Krall and Parker absent).
RECOMMENDED ACTION:
By motion, approval of this Conditional Use request based
upon the findings of, and conditions as follows, per the
recommendations of the Planning and Zoning Board.
Conditions of Approval:
1. That the final site plan be consistent with the
sketch plan accompanying the Conditional Use
request.
2. Platting be processed subsequent to site plan
approval thereby assuring the ability to comply
with all LDR requirements.
Attachment:
* P&Z Staff Report & Documentation of September 16, 1991
DJK/#90/CCBURNS.DOC
0<.
PLANNING & ZONING BOARD
'CI·TY OF DELRAY BEACH --- STAFF REPORT -~-
MEETING DATE: September 16, 1991
AGENDA ITEM: IV.B
ITEM: Conditional Use Request to Allow a Specialized Scvice Shop (Tire Kingdom)
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GENERAL DA T A:
Owner...........................Dan Burns Oldsmobile, Inc.
Agent...........................Kieran J. Kilday
Location........................On the southeast portion of the
DBO Acres Plat, adjacent to the
Florida East Coast (F.E.C.)
Railroad.
Property Slze...................O.803 Acres
City Land Use Plan..............General Commercial and
Industrial
City Zoning.....................PC (Planned Commercial),
concurrent rezoning to AC is in
process. .
Adjacent Zonlng.................Land to the north and south of
the subject property is zoned I
(Industrial), and to the east and
west is PC.
Existing Land Use...............Vacant
Proposed Land Use...............A one-story 6435 s.f. building,
to be used for speciality auto
use (Tire Kingdom).
Water Service...................Existing 8" water main runs along
the north, east and south side of
the subject property.
Sewer Service.................. .Existing 8" sanitar'y sewer line 1\7.'0
in the DBO Acres Plat.
, ,
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to establish a specialized service shop
(Tire Kingdom store) at the southwest corner of the F.E.C.
railroad and Linton Boulevard. A concept/sketch' plan is
accompanying the Conditional Use request.
, Upon approval of the Conditional Use request, the Site Plan
approval action will rest with the SPRAB (Site Plan Review and
Appearance Board).
BACKGROUND:
For full background information on the parcel refer to the DBO
Acres rezoning petition which is before you on the same agenda.
PROJECT DESCRIPTION:
The Conditional Use request is to establish a 6,435 sq. ft.· one
story Tire Kingdom store on the eastern most part of ,the DBO
Acres plat. The store will have direct access onto Linton
Boulevard and secondary access to S.W. 4th Avenue via an
ingress/egress easement which runs through DBO Acres. The
proposed building is to be orientated with the office component
facing Linton Boulevard and 8 service bays with overhead doors
facing the F.E.C. railroad and Dixie Highway right-of-way.
If the accompanying rezoning to AC is recommended for approval
the overall use issue will have been decided. As the parcel is
less the the required 1.5 acres needed for sale and lease of
vehicles the uses allowed are limited to AC conditional uses, one
of which is specialized service shops. The staff report is
therefore orientated to site specific issues which will mitigate
potential impacts. If a recommendation of denial on the
rezoning is forwarded to City Commission and ultimately passed
the Conditional Use proposal will be mute.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
".
P&Z,Staff Report
Tire Kingdom - Conditional Use
Page 2
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Tire Kingdom use is classified as a "specialized service
shop" which is allowed as a Conditional Use in the AC zoning
district. The AC zoning district is consistent with the General
Commercial land use designation.
Concurrency: (Facilities which are provided by, or· through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic) , drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
Water exists to the site via main extensions constructed with
development of Lots land 2 (Exxon and KFC). An 8" main with
a fire hydrant runs down the east property line. Relocation of
the existing fire hydrant will be required under the proposed
development scenario.
Sewer:
Sewer service will require extension of an 8" main which
currently ends at the eastern property line of the KFC site. In
addition, a monitoring manhole and grease trap will be required.
Drainage: .
Drainage will be accommodated by exfiltration trenches with
overflow runoff into inlets along Linton Boulevard. No problems
are anticipated.
...
P&Z Staff Report
Tire Kingdom - Conditional Use
Page 3
Streets and Traffic:
A traffic report was submitted with the rezoning request. This
use will generate 220 trips per day which is considered of minor
impact. The report shows the L.O.S. on impacted roadways is not
exceeded.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.16(H) (3) (perimeter requirements), Section 4.6.16(E)(Internal
landscape requirements) as well as Section 4.3.4.(H)(6)(b)
(Special Landscape Setbacks). In addition, pursuant to Section
4.3.44 a minimum of 25% of non vehicular open space shall be
provided.
Solid Waste:
The method of solid waste disposal has not been indicated on the
sketch plan. Dumpster disposal is the likely disposal method.
In addition to normal disposal requirements separate waste
disposal methods are anticipated for the used tires. Given the
tightness of the site provision of a dumpster may require a
reduction in building size, or increase in property size
allocated to the use. It is noted the dumpster cannot be located
over, or in, the utility easement or within 5' of the property
line. The dumpster is also not desirable to the front of the
site.
Compliance with Land Development Requlations:
The proposed use is allowable and can be accommodated under the
Land Development Regulations. If the conditional use is
approved, a full site plan submittal will be reviewed by the Site
Plan Review and Appearance Board. Except for accommodating trash
concerns, the site development can comply with the LDR's. To
insure the site plan can meet all LDR's requirements
establishment of the individual lot lines via the subdivision
plat must be prepared subsequent to site plan approval.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making of a finding of overall consistency.
~I''''
P&Z Staff Report
Tire Kingdom - Conditional Use I
Page 4
No specific performance standards which relate to the Conditional
Use request are set forth in Chapter 3. Pursuant to Section
2.4.5 (E) (5) (Findings) in addition to provisions of Section
3.1.1, the City Commission must make findings that establishing
the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
The property is bordered by industrial uses to the south,
commercial uses to the west, auto related uses to the north and
office uses to the east. Along the east, the proposed use will
have overhead doors facing the Dixie Highway right-of-way.
Adjacent property compatibility is an issue along this . property
line.
Pursuant to Section 4.6.16(H)(3)(d) a 5' landscape buffer and
trees with a maximum spacing of 30' on center is required between
vehicular use areas and the east property line. At the request
of staff the applicant has provided a sketch plan submittal which
provides their perimeter landscape buffering proposal for this
property line.
The proposal includes the provision of a 2' berm, 4 ' hedging
and canopy shade trees at a maximum spacing of 25' on
center. In addition, massing of plantings of 5 ' - 6 '
hedges along with low ground cover are proposed at spacings
of approximately 80' on center. This landscape treatment
should provide adequate buffering to the screen the
overhead doors.
Given the applicant's buffering proposal for the east property
line detrimental effects upon the stability of the neighborhood
or hindrance on development or redevelopment of nearby
properties would be mitigated.
The following Comprehensive Plan, Goals, Objectives and Polices
apply to this proposal:
Land Use Obiective A1:
Vacant property shall be developed in a manner so that the future
use and intensity is appropriate in terms of soil, topographic,
and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
"'1"1
P&Z Staff Report
Tire Kingdom - Conditionál Use
Page 5
The proposed development is compatible with proposed
restaurant uses to the west in that the overhead doors are
orientated to the east. Further, the facade facing the
restaurant uses will be a solid wall with foundation
landscape areas. The use is compatible with the office use
to the east via the provision of the landscape buffer as
shown on the accompanying sketch plan. The specialty auto
uses are compatible with similar auto related uses to the
north and industrial uses to the south.
REVIEW BY OTHERS~ .
The development proposal is not in geographic areas requiring
review by either the (HPB) Historic Preservation Board, DDA
(Downtown Development Author! ty) , or the CRA (Community
Redevelopment Agency).
Site Plan Review and Appearance Board:
Final action on the site development plans rests with the Site
Plan Review and Appearance Board. If approval of the Conditional
Use is granted by City Commission a full site plan must be
submitted for review and approval by the Site Plan Review and
Appearance Board.
ASSESSMENT AND CONCLUSIONS:
The appropriateness of the use will be determined via action on
the rezoning request. The applicant has provided a mitigation
proposal for the over head doors abutting Dixie Highway and
orientated the use to be compatible with adjacent land uses.
Therefore, it would be appropriate to approve the Conditional
use if the rezoning is to be approved. If the rezoning is to be
denied the Conditional Use is mute.
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.S(E)(S)
C. Recommend denial of the Conditional request based upon a
failure to make a positive finding with respect to Chapter 3
(Compatibility) of the Land Development Regulations, and
policies of the Comprehensive Plan.
t
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P~Z Staff Report
Tire Kingdom - Conditional Use
Page 6;'
STAFF RECOMMENDATION:
If a recommendation of denial is put forward on the rezoning
request the public testi~ony should be taken and action on
this item deferred. If the City Commission on first reading
is inclined to accept the Planning and Zoning Board's
recommendation the Conditional Use petition will become
.mute. If on the other hand, the City Commission looks
favorably on the rezoning request the Conditional use item
can be brought to the City Commission concurrent with the
rezoning at second reading.
If the rezoning is recommended for approval a recommendation
of approval of the Conditional use should be given based
upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(E)(5)
and subject to the following conditions;
1- That the final site plan be consistent with the sketch
plan accompanying the Conditional use request.
2. Plating be processed subsequent to site plan approval
thereby assuring the ability to comply with all LDR
requirements.
PD/142/TIRE.TXT
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