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04-11-90 Regular '" ¡ CITY OF DELRAY BEACH, FLORIDA -~:£.?7 REGULAR MEETING - CITY COMMISSION .(~~::~:: .April_11,.1990 _. ;.--' . 6 P.M. AGENDA Commission Chambers 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. 1. Roll Call. 2 . Invocation. ---- -3";--"·P-ledge--or-A-ll-eg-i-a-nce -to·the Flag ~ '. 4. Agenda approval. Action: Motion to approve. 5. Approval of Regular Meeting minutes of March 27, 1990 and Special Meeting Minutes of March 29, 1990. 6. Proclamations: A. Great Strides to Cure Cystic Fibrosis Day- May 19, 1990. B. National Building Safety Week- April 8, 1990 - April 15, 1990. 7 . Presentations: A. Legislative Update- Kathy Daley. PUBLIC HEARINGS 8. ORDINANCE NO. 10-90: An Ordinance rezoning the Yu Brothers property located on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road, just south of Congress Avenue Auto Plaza, from LI (Limited Industrial) District to MIC (Mixed Industrial Commercial) District. City Manager and Planning and Zoning Board recommend approval. 9. ORDINANCE NO. 12-90: An Ordinance amending the Code of Ordinances by adding a new section "Hazardous Substances and Hazardous Waste; Recovery of Cost" to provide for collection of fees by the City for investigating, mitigating, minimizing, removing or abating the release of hazardous substances or hazardous waste. City Manager recommends approval. PUBLIC COMMENTS 10. Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS 11. ORDINANCE NO. 13-90: An Ordinance amending the Code of Ordinances by enacting a new Section 52.03, "Use of Water from Hydrants" to provide for potable water on an interim or temporary basis from fire hydrants upon approval of the Director of Public Utilities; provides application requirements; and for a minimum deposit fee of $350. City Manager and City Attorney recommend approval. If passed public hearing April 24th. 12. ORDINANCE NO. 14-90: An Ordinance amending the Code of Ordinances by amending Section 71. 068 "Cost of Parking or Standing Vehicle in Certain Metered Spaces" to provide for an increase of the Agenda Meeting of 4/11/90 parking fees _~...-in parking ; lots .located east of. Andrews Avenue Fire .' ~¡... Station,~..AtláAt,£'é Dunes' PaJ:k,~ Anchor..Park,;,and~ Sandoway :Park _ to .75¢ " ,.<-peJ;,hour.> ~ C!..V;;'Øanager .recommends'f.approval. ..If! passed:,'publicl hearing ApriL 24th.-~'~C -::f~~.-~"",_-_ 'r- 13. ORDINANCE NO. 15-90: An Ordinance amending Chapter 110, "Occupational License is Required" of the City Code by enacting a new subsection to provide that the requirements of Florida statutes Section 481.201 through and including Section 481.288 and implementing Rules of the Florida Adminstrative Code, regulating the practice of architecture and interior designed are incorporated into our City Code. If passed public hearing April 24th. REGULAR AGENDA 14. REAPPOINTMENT OF A MEMBER TO THE PUBLIC EMPLOYEE RELATIONS COMMISSION: Reappoint an alternate unclassified member to the PERC Commission to a term ending April 11, 1994. Incumbent, G. Robert Fellows, has requested and is eligible for reappointment. Nomination for reappointment are open to all Commissioners. 15. DESIGNATION OF A CHAIRPERSON TO THE PUBLIC EMPLOYEE RELATIONS """""':'''''-COMMISSTON'r'--De-s-±gnate-- è:r' 111 E!ñrber--""O'f-"""t'h~ P~E1np'l-c9yee·~·Rel:at·iGns ._,...._-...-~ Committee (PERC) to act as chairperson in accordance with Section 35.032 (A) (1) (b) of the Code of Ordinances. 16. APPOINTMENT OF TWO MEMBERS TO THE EDUCATION BOARD: Appoint two members to the Education Board to fill the seats vacated by the resignations of Bill Wallace and Mike Plum. The Education Board recommends appointment of Trish Brainerd and Deborah Wright. Seats No. 1 and 2 appointments. 17. APPOINTMENT OF TWO MEMBERS TO THE BOARD OF CONSTRUCTION APPEALS: Consider appointing two members to the vacant general contractor positions on the Board of Construction Appeals to a term ending April 11, 1992. Seat No. 3 and 4 appointments. 18. APPROVAL OF CITY MANAGER CONTRACT: Status of contract negotiations with Robert Elliott for employment as the City Manager. 19. LETTER OF CREDIT- NATIONAL CABLE LTD. : Consider accepting a letter of credit, in the amount of $75,000, in lieu of a performance bond from National Cable Ltd. City Manager and City Attorney recommend approval. 20. SITE PLAN APPROVAL - TRACT E DELRAY PARK OF COMMERCE: Consider request for site plan approval for a proposed furniture manufacturing plant and other light industrial uses on Tract E, Delray Park of Commerce located at the northeast corner of Lake Ida Road and Congress Avenue. City Manager and Planning and Zoning Board recommend approval. 21. SITE PLAN APPROVAL- CIRCUIT CITY: Consider request for site plan approval for a proposed 18,000 square foot assorted retail store (Circuit City) and a free-standing restaurant structure on the acreage between the Target Center and I-95. City Manager and Planning and Zoning Board recommend approval. 22. FINAL PLAT APPROVAL- WALMART: Approve final plat for Walmart which involves a three lot subdivision of vacant land upon which Walmart and two out-buildings are proposed. City Manager and Planning and Zoning Board recommend approval. 23. BOND COUNSEL REVIEW OF STORM WATER UTILITY FEE: Consider authorizing Mudge Rose to review the method and manner of implementation of the Storm Water Utility Fee System. City Manager and City Attorney's office recommend approval. 24. PROPOSED "GREENWAY PLAN" FOR WEST ATLANTIC AVENUE: Approve "Greenway Plan" for West Atlantic Avenue and authorize staff to -2- Agenda Meeting of 4/11/90 proceed wi th._ _ the project. Estimated cost for this project is -. $110,000. _~ . F~qihg is available -_in:. Utili ty... Tax _. Surplus; Funds. - _ City '. Manager ..recoØt.~enÇis approval. 25. REQUEST "''''''FROM PALM BEACH . COUNTY FOR CERTIFICATE OF OCCUPANCY: Consider request from Palm Beach County for a waiver of the landscaping requirements and issuance of a conditional certificate of occupancy for the new South County Courthouse Complex on West Atlantic Avenue. City Manager recommends denial of request for waiver of landscaping. 26. ANNUAL SOFT DRINK VENDING MACHINE CONTRACT: Approve Plan A or Plan B of annual soft drink vending machine contract and award bid to Pepsi Cola Bottling Company. City Manager recommends approval of Plan A. CONSENT AGENDA 27. ADDENDUM NO. 6 TO THE CONTRACT BETWEEN THE CITY AND CH2M Hill: Approve Addendum No. 6 to the contract between the City and CH2M Hill for bidding, construction and engineering services on the chemical and fuel containment structures at the 20 Series Wellfield site in the amount of $94,700 with funding from 1984 Water and Sewer Revenue Bond . ·-....·,--·".........We-r-l-ft-e1:ft-· . f\'~ S'~ ~ 'S'mEmt-c--'·~"-'a'nci-'".,..,..Re'Med"iatio n - "-;(-new ·"·,,',,Account ··No. ~ ~ 441-5162-536-XXXX). City Manager recommends approval. 28. CHANGE OF FUNDING SOURCE: Approve change in funding source for Bid No. 89-95 Radio Telemetry and Data Logging System from Water and Sewer Capital Outlay (Account No. 441-5161-536-64.05) to 1984 Water and Sewer Construction- Radio Telemetry and Data Logging (new Account No. 441-5162-536-60.XX). City Manager recommends approval. 29. WATER AND SEWER INTERCONNECT: Approve emergency interconnect between the City and Palm Beach County to provide for a potable water supply in the event of an emergency. Funding is available in the 1984 Water and Sewer Revenue Bond- Emergency Interconnect (new Account 441-5162-536-XXXX). City Manager recommends approval. 30. EMERGENCY FIRE SERVICES MUTUAL AID AGREEMENT: Approve renewal of existing mutual aid agreement for emergency fire services between the City and Boynton Beach. City Manager recommends approval. 31. EMERGENCY FIRE SERVICES MUTUAL AID AGREEMENT: Approve mutual aid agreement for emergency fire services between the City and Lake Worth. City Manager recommends approval. 32. EMERGENCY FIRE SERVICES MUTUAL AID AGREEMENT: Approve mutual aid agreement for emergency fire services between the City and Deerfield Beach. City Manager recommends approval. 33. FUNDING SOURCE FOR CITY MANAGER RECRUITMENT: Approve use of funds from the City Commission Contingency to fund expenses incurred during the recruitment of City Manager candidates. 34. AUTHORIZATION TO SUBMIT A GRANT APPLICATION: Authorize staff to submit an application to the Historic Preservation Trust for funding in the amount of $20,000 for Fiscal Year 1990/91. This is a 50/50 grant match program with funding being used for the development of streetscape and other improvements in the Banker's Row (Pineapple Grove) area. Matching funds are available in the Planning and Zoning Department's budget. City Manager recommends approval. 35. REQUEST FOR DOCK VARIANCE: Consider request from property owner at 711 S.E. 3rd Street for a variance to construct a dock 42 feet into the Intracoastal Waterway. City code allows construction up to a maximum of five feet into a waterway. City Manager and City Engineer recommends approval. 36. RESOLUTION NO. 34-90: A Resolution assessing costs for abatement action required to remove nuisances on 20 properties throughout the -3- Agenda Meeting of 4/11/90 City. City Mªpager recommends approval. -iiKi;~:- f37., _ RESOLUTIf)N'NO. 35-90: .,AResolution a-ssessing;costs.for~abatement , ~ . action ,requirj9.;c:;to remove ·junked.vehicles onfive'propertieslocated throughout th&"·City. City Manager recommends approval. 38. RESOLUTION NO. 36-90: A Resolution assessing costs for abatement action required to board up an unsafe structure at 227 N.E. 7th Avenue. City Manager recommends approval. 39. RESOLUTION NO. 37-90: A Resolution assessing costs for abatement action required to board up an unsafe structure at 1226 S.W. 22nd Avenue. City Manager recommends approval. 40. RESOLUTION NO. 38-90: A Resolution assessing costs for abatement action required to board up an unsafe structure at 130 S.W. 3rd Avenue. City Manager recommends approval. 41. RESOLUTION NO. 39-90: A Resolution urging the State Legislature to repeal the Senate amendment to House Bill 30 which nullifies the Florida Inland Navigation District's authority to sponsor or participate financially or otherwise, including through grants, with any local state, or federal agencies within the district. City ·''''....'''Manc:rgerrec,omnrends·app-roval. 42. RESOLUTION NO. 40-90: A Resolution urging the Florida State Legislature to not adopt House Bill 2113, which if passed would dramatically increase the Tort liability of Governmental entities under Florida's Sovereign Immunity Statute, F.S. Section 768.28. City Manager recommends approval. 43. RESOLUTION NO. 41-90: A Resolution regarding the Community Redevelopment Agency. 44. AWARD OF BIDS AND CONTRACTS: A. North Federal Highway Sewer Installation- Public Utilities- Southern Pipeline, Inc. for installation of 194 feet of sanitary sewer main, in the amount $14,000 with funding from Sewer Systems/ Mains and Lines (Account No. 441-5161-536-60.66). B. 3/4 Ton Pick-Up Truck- Streets Department- Regency Dodge, Inc. in the amount of $11,026 with funding from Community Services Road and Street Automotive (Account No. 001-3113-541-60.84) . C. Rental Rehabilitation- Community Development Block Grant- to various contractors in the amount of $104,893 with funding from CDBG Housing Rehab (Account No. 118-1975-554-60.23): 126-36 N.W. 2nd Avenue- MJD Construction Svc- $48,853 705 1/2 N.W. 3rd Street- MJD Construction Svc- $27,440 702 S.W. 10th Street- Southeast Commercial Construction- $28,600 D. Hydrogen Peroxide System- Public Utilities- Peroxidation Systems, Inc. in the amount of $60,000 for the remainder of FY 1989/90 from Water and Sewer - Chemicals (Account No. 441-5142-536-36.18). E. Point of Sale Terminals- Utility Billing- HTE, Inc. in the amount of $14,985 with funding from Water and Sewers- Utility Billing Equipment (Account No. 441-5112-536-60.89). F. Computer Equipment and Software- Engineer Department- to various vendors in the amount of $38,997.85 with funding from Engineering Operating- Capital Outlay (Account No. 001-2911-519-60.86): AC3, Inc. - $29,879.85 -4- Agenda Meeting of 4/11/90 IBM, Inc. - $3,934 'i~ Centers, of. Florida - $3,415 '¿~obal Computer- $1,280 '. . ".":. -~ ¡;;;.,. ~..-~s¡nessland,Inc. - 489.00 --:>'-"'::'~'~ ._~ G. 3/4 Ton Suburban Van- Police Department- Dimmit Chevrolet in the amount of $17,819.80 with funding from General Fund (Account No. 001-2115-521-60.84). 45. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- .......- .: ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF APRIL 11 , 1990 DATE: April 6, 1990 PUBtIC HEARINGS Item No. 8 (Ordinance No. 10-90) This is a Second Reading of an Ordinance rezoning the Yu Brothers property located on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road, just south of Congress Avenue Auto Plaza, from LI (Limited Industrial) District to MIC (Mixed Industrial Commercial) District. This 1.27 acre parcel is developed. The proposed zoning change would allow approximately 1,300 square feet of the 21,000 square foot facility to be devoted to retail use. The applicant is proposing to lease 5,000 square feet for retail use to "Design Dorion" who specializes in retail apparel items. The Planning and Zoning Board at their March 19th meeting recommended approval. A detailed staff report is available for review in the City Manager's office. Recommend approval of Ordinance No. 10-90 rezoning Yu Brother property from LI to MIC. Item No. 9 (Ordinance No. 12-90) This is a Second Reading of an Ordinance amending the Code of Ordinances by adding a new section "Hazardous Substances and Hazardous Waste; Recovery of Cost" to provide for collection of fees by the City for investigating, mitigating, minimizing, removing or abating the release of hazardous substances or hazardous waste. This proposed ordinance was necessitated by the Environmental Protection Agency's ruling that before seeking reimbursement of costs from EPA, for clean up, abatement, and removal of hazardous substances/waste, local governmental units must first seek reimbursement from those responsible for the release. This ordinance supports that ruling as well as places the burden of cost on the responsible party rather than on the citizens. Recommend approval of Ordinance No. 12-90. FIRST READINGS Item No. 11 (Ordinance No. 13-90): This is a First Reading of an Ordinance amending the Code of Ordinances by enacting a new Section 52.03, "Use of Water from Hydrants" to provide for potable water on an interim or temporary basis from fire hydrants upon approval of the Director of Public Utilities; provides application requirements; and provides for a minimum deposit fee of $350. Under the current Code provisions, the Fire Chief or an employee of the Utility Billing Division were authorized to approve usage of potable water from fire hydrants. While the current provisions provide an approval authority and schedule of charges, it does not encompass the provisions specified in Section 52.80 of the Code of Ordinances regarding Cross Connection. Those provisions require that a back flow prevention devices be installed in every fire hydrant used for a potable water source. These devices are necessary to prevent contamination of drinking water supplies. As the Public Utilities department is familiar with these appurtenances and maintenance of AGENDA REPOR'r'! .,-. Meeting of 41)~/~O , - such, staff h~& recommended that the approval authority be shifted from Utility Billing to the Public utilities Director. The minimum charges for use of a fire hydrant as a potable water source have been increased from $200 to $350 which reflects the cost to fabricate the backflow/meter devices which are required. Additionally, the minimum daily charges are being adjusted as well. The new charges are: A. For non-residential and vegetation uses $30.86 with a .53C/1000 gallon capacity charge for City customers, and; B. $38.57 with a .66¢/1000 gallon capacity charge for customers outside of the City. Recommend approval of Ordinance No. 13-90. Item No. 12 (Ordinance No. 14-90): This is a First Reading of an Ordinance amending Section 71.058 "Cost of Parking or Standing Vehicle in Certain Metered Spaces" by increasing the per hour charge for the parking lot east of the Andrews Avenue Fire Station, at Atlantic Dunes Park, Anchor Park and Sandoway Park to .750 per hours. This ordinance formalizes consensus reached at your April 3rd special/workshop meeting. The cost to change over the meters to the higher rate is approximately $3,500, however this will be offset the increase revenues realized as result of this action. Recommend approval of Ordinance No. 14-90. Item No. 13 (Ordinance No. 15-90). This is a First Reading of an Ordinance amending Chapter 110, "Occupational License is Required" of the City Code by enacting a new subsection to provide that the requirements of Florida Statutes Section 481.201 through and including Section 481.288 and implementing Rules of the Florida Administrative Code, regulating the practice of architecture and interior designed are incorporated into our City Code. Recommend approval of Ordinance No. 15-90. REGULAR AGENDA Item No. 14 Reappointment of A Member to the Public Employee Relations Commission G. Robert Fellows' term as an alternate unclassified member of PERC expired March 13, 1990. He has requested and is eligible for reappointment. Nominations for reappointments are open to all Commissioners. Recommend reappointment of G. Robert Fellows to the PERC to a term ending April 1 1 , 1994. Item No. 15 Designation of a Chairperson to the Public Employee Relations Commission: Section 35.032 (A) (1) (b) of the Code of Ordinances requires the Commission to designate a chairperson to the Public Employee Relations Commission (PERC) . Previously, the Managerial Representative has served in this capacity; however, any member of the PERC Commission can be designated as chair. Current members are Martin Frost and Leonard Syrop. Recommend designation of a Chairperson to the Public Employee Relations Commission. Item No. 16 Appointment of Two Members to the Education Board. These are Seat No. 1 and Seat 2 appointments. Two members of the Education Board, Mike Plum and Bill Wallace recently resigned. The Board received applications from Trish Brainerd (expressed verbal interest) Deborah Wright, Katherine Sloan and John French, copies of - 2 - AGENDA REPORT"=: ~ Meeting of 4/11/90 -. . which are attached as backup for this item, and are recommending the appointments of Trish Brainerd and Deborah Wright. Subsequently, we received an additional application from C. Stephen Raciti. Recommend consideration of appointment to Education Board. Item No. 17 Appointment of Two Members to the Board of Construction Appeals. These are Seat No. 3 and Seat No. 4 appointments of two members to the two vacant General Contractor's positions. We received an applications from Jay Felner and Samuel Deoto (currently serves as an alternate on the Code Enforcement Board). These appointments are necessary to maintain a meeting quorum for this advisory board. Recommend appointment of two member to the two vacant General Contractor's positions on the Board of Construction Appeals to terms ending April 10, 1992. Item No. 18 Approval of City Manager's Contract. The City Attorney's office is currently negotiating a contract for employment with City Manager finalist, Robert Elliott. The City Attorney's office will provide more detailed information regarding this item at your Tuesday evening meeting. Item No. 19 Letter of Credit- National Cable Ltd. The Commission had previously adopted Resolution 78-89 which transferred the cable television franchise originally owned by National Cable to National Cable Limited. A provision of that resolution required that a performance bond in the amount prescribed by the Code of Ordinances be obtained. Subsequently we have received a request from National Cable Limited requesting permission to submit a clean irrevocable letter of credit, issued by a bank in Palm Beach County) in the amount of $75,000 as security in lieu of the performance bond. The City Code is supportive of this action, contingent upon Commission approval. Should the Commission approve the concept of substituting an irrevocable letter of credit in lieu of a performance bond, the actual documents will be placed on a future agenda for ratification. Recommend acceptance a letter of credit, in the amount of $75,000, in lieu of a performance bond from National Cable Ltd. Item No. 20 Site Plan Approval- Tract E Delray Park of Commerce. We received a request for site plan approval for a proposed furniture manufacturing plant and other light industrial uses on Tract E, Delray Park of Commerce located at the northeast corner of Lake Ida Road and Congress Avenue. The development proposal for this 2.95 acre vacant tract consists of modification to the master plan for Tract E. The modification will be accomplished via a site specific plan which reduces the previously proposed development of a 40,000 square foot single (industrial use) building to a 35,960 square foot, three building project. The development will be constructed in two phases. Phase I includes construction of a 9,000 square foot building for a furniture manufacturing company and a 12,000 square foot building divided into four bays (3,000 square feet each). Phase 2 consists of construction of an additional 15,000 square feet building containing five bays (3,000 square feet each). The Planning and Zoning Board at their March 19th meeting initially recommended denial, however at their March 22nd meeting, at which time revised plans were reviewed, recommended approval (4-2 vote Purdo and Schneider dissenting) subject to conditions. A detailed staff report is available for review in the City Manager's office. - 3 - - .. --- AGENDA REPOR'r~- Meeting of 4/F~/90 Recommend approval of site specific plan for Tract E subject to the conditions recommended by the Planning and Zoning Board. Item No. 21 Site Plan Approval- Circuit City. We received a request for site plan approval for a proposed 18,000 square foot assorted retail store (Circuit City) and a free-standing restaurant structure on the acreage between the Target Center and I-95. This total project is known as Linton Retail Center. The Planning and Zoning Board at their special meeting on April 2nd, recommended approval (4-2-1 vote Coopersmith and Purdo against/ Schneider abstaining) subject to conditions. The Community Appearance Board had given preliminary review of the elevations in March with final action slated for April 11th. Their recommendation will be presented at your meeting that Wednesday evening. A detailed staff report is available for review in the City Manager's office. Recommend approval of site plan for Circuit City subject to conditions as recommended by the Planning and Zoning Board. Item No. 22 Final Plat Approval- Walmart. We received a request for final plat approval for Walmart located on the west side of Military Trail south of Linton Boulevard (immediately south of the "Promenade Center" ) . This plat involves a three lot subdivision of vacant land upon which Walmart and two out-buildings are proposed. The site plan for this development has been approved. A condition of the approval required a final plat be done. There are three problems which affect service to this site. They involve access to the north, water system access, and sewer system access. With respect to access to the north, the site plan shows connections to the internal circulation system with the Promenade. An agreement between this property and the previous owners of the Promenade exists, however it had not been recorded. The legal status of this agreement is still under scrutiny. A recorded agreement is required. Facilities exist, as public facilities, on adjacent the adjacent property for water and sewer service. Off site easements to connect to these facilities is required, however, Walmart has been unsuccessful in obtaining easements from the adjacent property owners. Accordingly, Walmart has requested that the City intervene and assist in obtaining the easements. Presently, the City Attorney's office is verifying the situation and, if necessary, will participate in securing the right of access at Walmart's expense. In the meantime it is appropriate to proceed with the final plat; thus, allowing the development of the project to proceed. It is anticipated that by the time connections are necessary, the appropriate actions regarding access will have occurred. The Planning and Zoning Board at their January 22nd meeting certified the plat subject to completion of a few items. Subsequently those items have been completed with the exception of obtaining easements which is being handled administratively by staff. A detailed staff report is available for review in the City Manager's office. Recommend approval of final plat for Walmart. Item No. 23 Bond Counsel Review of Storm Water Utility Fee. The City's Comprehensive Plan establishes that the financing mechanism for certain storm water and drainage projects will be through a storm water utility fee to be assessed throughout the City. Gee and Jesen, consulting engineers, are currently preparing the Storm Drainage Utility Fee Study and have reach a point in their study where a review - 4 - AGENDA REPOR'Jt'1: .."" Meeting of 4t!J[~0 .-;;.~- of the methoã:.~-and manner of implementation of the Storm Water Fee System is necessary. As there will very likely be some bonding of these funds as well as interplay between funds from the Decade of Excellence Bond Issue and the storm water utility fees for some projects, staff is recommending that Mudge Rose, our Decade of Excellence bond counsel, commence work on the storm water utility fee matter. Recommend authorization for Mudge Rose to review the method and manner of implementation of the Storm Water Utility Fee System. Item No. 24 Proposed "Greenway Plan" for West Atlantic Avenue. This plan consists of improving the appearance of the "gateway" along West Atlantic Avenue. The aesthetic improvements which are proposed require easements from the owners of the vacant lots abutting West Atlantic Avenue between 8th and 12th Avenue, just east of 1-95. The original proposal called for cordoning off lots with posts and cable to restrict vehicular traffic, following which, irrigation was to be installed and the lots sodded. This proposal met with resistance in the Community. Several property owners felt that the post and cable system was a hazard and could lead to litigation against them should someone trip and fall. Subsequently, the Community Redevelopment Agency recommended that the post and cable method be abandoned in favor of a more aesthetic and cost effective method, that of providing berming within the first ten feet abutting the right-of-way. To date we have received 23 executed easement agreements. The remaining parcels have either been developed or the owners have refused to execute agreements. Accordingly the plan has been revised. Staff is recommending grading of the lots to include the creation of berms along the adjacent right-of-way; installation of an irrigation system using City water; installation of Bahia sod (drought tolerant); and planting of Black Olive trees approximately 50 feet apart within the first ten feet of the property abutting Atlantic Avenue. Estimated cost for this revised project is $110,000. The changes implemented as recommended represent a savings of $43,000 to the overall cost estimate. Funding is available in Utility Tax Surplus Funds. Recommend approval of "Greenway Plan" for West Atlantic Avenue and authorize staff to proceed with the project. Item No. 25 Request from Palm Beach County for Certificate of Occupancy. Palm Beach County is requesting a waiver of the landscaping requirements and issuance of a conditional certificate of occupancy for the new South County Courthouse Complex on West Atlantic Avenue. Their proposal is to install the specified landscaping material within 30 days after the current water restrictions have been lifted. Sod will be installed immediately after approval. There was some question as to whether South Florida Water Management would give the County an extension beyond the current 30 day waiver of restrictions for installation of new landscaping. They have indicated that such a waiver would not be considered until the end of the first 30 day grace, provided that sufficient documentation existed which verified that the survival of the landscaping was in jeopardy. The Community Appearance Board at their March 28th meeting considered a request from the County to change planting materials. The most impacting substitution was that of changing the proposed Royal Palms to Washingtonia fillifera. While, no formal action was taken, the Community Appearance Board by consensus did not want to see the Royals changed to Washingtonias since the City had used Royals at Old School Square and in Phase II of Atlantic Avenue. They felt it was important to maintain continuity. Further the County had requested they be - 5 - AGENDA REPORT_' =_ .. Meeting of 4/~1~90 allowed to bon~~materials until after the watering restrictions were lifted. The Community Appearance Board deferred this issue to the Commission as well as all future requests to substitute Royals. Staff has reviewed this request and does not support the County's request to delay the installation of landscaping. It should be noted the adherence to Xeriscape principles and installation of flood bubblers at the base of the Royal Palms and larger trees should provide sufficient water beyond the 30 day watering period. Recommend consideration of request from Palm Beach County to waiver landscaping requirements and issue a conditional Certificate of Occupancy for the South County Courthouse on West Atlantic Avenue. Item No. 26 Annual Soft Drink Vending Machine Contract. Bids for soft drink vending machines were received on March 21, 1990. One bid, from Pepsi Cola was received. The bid from Coca- Cola arrived one hour late and could not be accepted. Pepsi has presented two plans for your consideration. Plan A. - products priced for City employee consumption at .35¢ per can; for general public consumption at .50¢ per can; with a projected revenue to the City of $6,500. Plan B. - products priced for City employee consumption and general public consumption at .50<:: per can with a projected revenue to the City of $15,500. In addition they will supply promotional items such as T-shirts, program printing, scoreboards, afterschool snacks, tear-off sheets and radio support in the amount of $10,075. Staff is recommending Plan A. Recommend approval of Plan A and award soft drink vending machine contract to Pepsi Cola Bottling Company. CONSENT AGENDA Item No. 27 Addendum No. 6 to the Contract Between the City and CH2M Hill. This addendum covers costs associated with the bidding, construction and engineering services on the chemical and fuel containment structures at the 20 Series Wellfield site. In addition to the further investigation of cyanide and metal contamination in Production Wells 1 and 2; and testing of the area in the immediate vicinity of Silver Plating of Delray Beach. The costs for these services are $94,700. Funding is available in the 1984 Water and Sewer Revenue Bond- Wellfield Assessment and Remediation (new Account No. 441-5162-536-XXXX). Recommend approval of Addendum No. 6 to the CH2M Hill contract in the amount of $94,700 with funding from 1984 Water and Sewer Revenue Bond- Wellfield Assessment and Remediation (new Account No. 441-5162-536-XXXX). Item No. 28 Change of Funding Source. This item is before you for approval of a change in funding source for Bid No. 89-95 Radio Telemetry and Data Logging Systems. In October 1989, the Commission awarded Bid No. 89-95 in the amount of $347,920 to Data Flow Systems, Inc. for the installation of telemetry systems at thirty lift stations. Because of unanticipated sanitary sewer line and manhole replacements; new paving and drainage requirements for the Utilities Complex; additional professional services required for the Aero Dri litigation; and reduced revenues because of water restrictions; a deficit in the operating budget is anticipated. - 6 - AGENDA REPORT:~_.. ... Meeting of 4fl~/~O This request is" administrative in nature and requires the Commission to redesignate funding for Bid No. 89-95 from Water and Sewer Capital Outlay (441-5151-536-64.05) to 1984 Water and Sewer Revenue Bond Construction Fund (new Account No. 441-5162-536-60.XX). Recommend approval of chanqe in funding source for Bid No. 89-95 from Water and Sewer Capital Outlay (441-5151-536-64.05) to 1984 Water and Sewer Revenue Bond Construction Fund (new Account No. 441-5162-536-60.XX). Item No. 29 Water and Sewer Interconnect. This item is before you for approval of an emergency interconnect with Palm Beach County Utilities. This interconnect will permit either party to purchase surplus waters if an emergency condition occurs. The interconnection will be constructed at Linton Boulevard and west of Military Trail. The City will be responsible for the costs of constructing the pipeline to the point of interconnect. The cost of the actual interconnect, vault, meters, valves and appurtenances with be shared between the City and County. The City's projected cost for this construction and connection is $50,000. Funding for this project is available in the 1984 Water and Sewer Revenue Bond. The cost for water from the County is .60C/thousand gallons. Recommend approval of emergency interconnect aqreement between the City and Palm Beach County. Item No. 30 Emergency Fire Services Mutual Aid Agreement. This is a renewal agreement between the Cities of Delray Beach and Boynton Beach for mutual aid during fire emergencies. This agreement covers the period May 1, 1990 to April 30, 1995. This agreement and the subsequent mutual aid agreements which follow, are standard agreements used throughout Palm Beach county. These agreements provide for mutual assistance and service between the cities provided that the request is properly submitted and will not place the assisting party in undue jeopardy. Additionally, each municipality will be financially responsible for their own personnel, equipment, travel costs, and related expenses. Recommend approval of a mutual aid aqreement for emerqency fire services between the City and Boynton Beach. Item No. 31 Emergency Fire Services Mutual Aid Agreement. This is a renewal agreement between the Cities of Delray Beach and Lake Worth for mutual aid during fire emergencies. This agreement covers the period May 1, 1990 to April 30, 1995. Recommend approval of a mutual aid agreement for emergency fire services between the City and Lake Worth. Item No. 32 Emergency Fire Services Mutual Aid Agreement. This is a renewal agreement between the Cities of Delray Beach and Deerfield Beach for mutual aid during fire emergencies. This agreement covers the period May 1, 1990 to April 30, 1995. Recommend approval of a mutual aid agreement for emergency fire services between the City and Deerfield Beach. Item No. 33 Funding Source for City Manager Recruitment. The Commission previously indicated their concurrence to fund the City Manager interview costs for the Commission Contingency, however no formal action was taken. This item is before you for formal action authorizing the expenditure from the funding source. The cost of travel, lodging, food (included spouses meals) , ground transportation and other incidentals has been approximated at $9,000. The current balance in the Commission's Contingency is $10,000. - 7 - AGENDA REPORT:~~__'" Meeting of 4/~1ï99 - . Recommend authöri~ation to expend approximately $9,000 from the City Commission Contingency to cover costs associated with interview of candidates for the City Manager position. Item No. 34 Authorization to Submit a Grant Application. This item is before you for authorization to submit a grant application to the Historic Preservation Trust for funding in the amount of $20,000 for Fiscal Year 1990/91. This is a 50/50 grant match with funding being used for the development of streetscape and other improvements in the "Bankers Row" (Pineapple Grove) area. Match funding in the amount of $24,000 is available in the Planning and Zoning Department's budget. This proposal is consistent with the Comprehensive Plan. Recommend approval of authorization to submit a grant application to the Historic Preservation Trust. Item No. 35 Request for Dock Variance. The property owner at 711 S.E. 3rd Street is requesting a variance to construct a dock 42 feet into the Intracoastal Waterway. City code allows construction up to a maximum of five feet into a waterway. This item was previously agendaed and action deferred as the Corp of Engineers had pulled back the permits on this project. At that time one adjacent property owner had come forth in opposition of the proposed dock citing concerns about the dock congesting the Intracoastal and adding to the amount of noxious gas fumes already prevalent as well as interfering with the present navigable waterway and character of the neighborhood. The City Engineer has reviewed this request and recommends approval based upon findings that it would be impossible to build a usable dock and meet Code requirements; Corp of Engineers reissuance of permit; and that the proposed installation will not create a safety hazard. Recommend approval of variance to build a dock at 711 S.E. 3rd Street. Item No. 36 Resolutipn No. 34-90. This item is a Resolution assessing costs for abatement action required to remove nuisances on 20 properties throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 34-90 assessing costs for abating nuisances on 20 properties within the City. Item No. 37 Resolution No. 35-90. This item is a Resolution assessing costs for abatement action required to remove junked vehicles on five properties throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 35-90 assessing costs for abating junked vehicles on five properties within the City. Item No. 38 Resolution No. 36-90. This item is a Resolution assessing costs for abatement action required to to board up an unsafe structure at 227 N.E. 7th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $66 remains unpaid. Recommend approval of Resolution No. 36-90 assessing costs for abating an unsafe structure within the City. Item No. 39 Resolution No. 37-90. This item is a Resolution assessing costs for abatement action required to board up an unsafe structure at 1226 S.W. 22nd Avenue. The Resolution sets - 8 - · AGENDA REPORT:'~_ <- Meeting of 4f~t/90 forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,388.20 remains unpaid. Recommend approval of Resolution No. 37-90 assessing costs for abating an unsafe building within the City. Item No. 40 Resolution No. 38-90. This item is a Resolution assessing costs for abatement action required to board up an unsafe structure at 130 S.W. 3rd Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,732.50 remains unpaid. Recommend approval of Resolution No. 38-90 assessing costs for abating an unsafe building within the City. Item No. 41 Resolution No. 39-90: This item is a Resolution urging the State Legislature to repeal the Senate amendment to House Bill 30 which nullifies the Florida Inland Navigation District's authority to sponsor or participate financially or otherwise, including through grants, with any local state, or federal agencies within the district. Recommend approval of Resolution 39-90. Item No. 42 Resolution No. 40-90. This item is a Resolution urging the Florida State Legislature to not adopt House Bill 2113, which if passed, would dramatically increase the Tort liability of Governmental entities under Florida{s Sovereign Immunity Statute, F.S. Section 768.28. Recommend approval of Ordinance No. 40-90. Item No. 43 (Resolution No. 41-90) . This item is a Resolution regarding the Community Redevelopment Agency. The City Attorney's office is currently preparing this resolution and it will be forwarded to you prior to your Wednesday evening meeting. Recommend consideration of Resolution No. 41-90. Item No. 44 AWARD OF BIDS AND CONTRACTS: A. North Federal Highway Sewer Installation- Public Utilities- Southern Pipeline, Inc. for installation of 194 feet of sanitary sewer main, in the amount $14,000 with funding from Sewer Systems/ Mains and Lines (Account No. 441-5161-536-60.66). B. 3/4 Ton Pick-Up Truck- Streets Department- Regency Dodge, Inc. in the amount of $11,026 with funding from Community Services Road and Street Automotive (Account No. 001-3113-541-60.84). C. Rental Rehabilitation- Community Development Block Grant- to various contractors in the amount of $104,893 with funding from CDBG Housing Rehab (Account No. 118-1975-554-60.23): 126-36 N.W. 2nd Avenue- MJD Construction Svc- $48,853 705 1/2 N.W. 3rd Street- MJD Construction Svc- $27,440 702 S.W. 10th Street- Southeast Commercial Construction- $28,600 D. Hydrogen Peroxide System- Public Utilities- Peroxidation Systems, Inc. in the amount of $60,000 for the remainder of FY 1989/90 from Water and Sewer - Chemicals (Account No. 441-5142-536-36.18). - 9 - , - .. '-- ---- ---"- AGENDA REPOR'iqc,. Meeting of 4/fi/gO E. Point of Sale Terminals- Utility Billing- HTE, Inc. in the amount of $14,985 with funding from Water and Sewers- Utility Billing Equipment (Account No. 441-5112-536-60.89). F. Computer Equipment and Software- Engineer Department- to various vendors in the amount of $38,997.85 with funding from Engineering Operating- Capital Outlay (Account No. 001-2911-519-60.86): AC3, Inc. - $29,879.85 IBM, Inc. - $3,934 CADD Centers of Florida - $3,415 Global Computer- $1,280 Businessland, Inc. - 489.00 G. 3/4 Ton Suburban Van- Police Department- Dimmit Chevrolet in the amount of $17,819.80 with funding from General Fund (Account No. 001-2115-521-60.84). Item No. 45 Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 10 - r1TY DF DELAAY BEA[H .-... .. WHEREAS, Cystic Fibrosis is the number one genetic killer of children and young adults in the United States; and, WHEREAS, 30,000 Americans are victims of cystic fibrosis; and, WHEREAS, the Cystic Fibrosis Foundation was formed to find a cure and a means of prevention and of control of cystic fibrosis; and, WHEREAS, in order to increase public awareness and understanding of cystic fibrosis, the Fort Lauderdale Regional Office of the Cystic Fibrosis Foundation has arranged this event to be put on annually; and, WHEREAS, desperately needed funds will be generated from the Great Strides walk-a-thon because of the support from celebrities, corporations, businesses, volunteers and the general public, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim May 19, 1990, as "GREAT STRIDES TO CURE CYSTIC FIBROSIS DAY" and ask that all citizens of the community support this worth- while project. 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 11th day of April, 1990. MAYOR THOMAS E. LYNCH SEAL to~ ~'rY DF DELRAY BEACH WHEREAS, the regulation of building construction can be traced for over 4,000 years; and, WHEREAS, such men as George Washington and Thomas Jefferson encouraged the development of building regulations; and, WHEREAS, building codes provide minimum standards for health, fire protection, structural integrity and energy conser- vation; and, WHEREAS, codes effect and understanding and cooperative relationship among owners, builders and government; and, WHEREAS, building codes provide for public protection and worker safety; and, WHEREAS, building safety is no accident. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of April 8 - 15, 1990, as "BUILDING SAFETY WEEK" in the City of Delray Beach. 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 11th day of April, 1990. . MAYOR THOMAS E. LYNCH SEAL ~~ " il ORDINANCE NO. 10-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING ALL OF YU BROTHERS FOOD DISTRIBUTION FACILITY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 59, PAGE 126 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF NORTH CONGRESS AVENUE, BETWEEN ATLANTIC AVENUE AND LAKE IDA ROAD, JUST SOUTH OF CONGRESS AVENUE AUTO PLAZA; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; ! PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the MIC (Mixed Industrial and Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: All of Yu Brothers Food Distribution Facility, accord- ing to the Plat thereof recorded in Plat Book 59, Page 126 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of North Congress Avenue, between Atlantic Avenue and Lake Ida Road, just south of Congress Avenue Auto Center. The above described parcel contains a 1.27 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map 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 immed- iately upon passage on second and final reading. I , PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1990. MAYOR ATTEST: City Clerk , First Reading Second Reading I C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~L L~VERETT: ADMINISTRATIVE ASSISTANT III ~ i~ ~,-"èc~/ FROM: DA D J. KO Ä S, DIRECTO~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 27, 1990 CONSIDERATION OF A REZONING REQUEST - YU BROTHERS LIGHT INDUSTRIAL (LI) TO MIXED INDUSTRIAL COMMERCIAL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval, on first reading, of a rezoning ordinance. The property is commonly known as Yu Brothers. The request ~s from LI to MIC. The site is located on the west side of Congress, south of the L-32 Canal (between Lake Ida Road and Atlantic). There is a new building on the site. BACKGROUND: The Yu Brothers industrial/wholesale facility has recently been completed under an approved site plan. There is a prospective tenant who would also like a retail outlet. Under the Industrial zoning such a use is not allowed; thus the request for MIC zoning. Because of limitations created by available parking, only 1,300 sq. ft. of the floor area can be devoted to retail use. The request is consistent with the Future Land Use Map. In fact, it is proposed that this site be rezoned to MIC upon adoption of the new land development regulations. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held a public hearing on this request on March 19, 1990. There was no public comment. After finding consistency with the Comprehensive Plan, the item was forwarded with a unanimous recommendation of approval. RECOMMENDED ACTION: By motion, approval on first reading of the enacting ordinance for the Yu Brothers rezoning from LI to MIC. Attachments: * Cover sheet from the P&Z Staff Report of March 19th c: Malcolm T. Bird, City Manager DJK/#60/CCYU.TXT t-'LriNN1NG 8- lor .6.NG 80F\HU STAFF REPæT --- - - - =ITY CF OELRAY BEACH MEeTI~ mTE: MARCH 19. 1990 AGENJA I1'EM: III. B. I TEM= CONSIDERATION OF A REZONING FROM LIGHT INDUSTRIAL (LI) TO MIXED INDUSTRIAL AND COMMERCIAL (M.I.C.) YU BROTHERS FACILITY ON CONGRESS AVENUE SOUTH OF THE L-32 CANAL I , ~ , 8 .2 t I .. · - · · . J , I , ~ I ¡" ; ! . I I '" 1ENERAL DATA: . OwDer...........................YU Brother., Inc. ~t. . . . . . . . . . . . . . . . . . . . . . . . . ..1taD Yee Locat1on........................W88t .1d. of N. Congr... Av.. between Atlantic Av.. and L&k. Ida Rd, just South of Congr~.. . A98Due Auto Plaza. " . Property S1z....................1.27 Acr.. ~ .. City Land U.. Plan..............CO"'rce City Zoning.....................LI (Light Indu.trial) Proposed Zon1ng.................NIC (Mixed Indu.trial and CCIIIDercial Adjacent zonlng.................North and South of the .uÞjec:t property are zoned LI, Ea.t 1. . zoned MI (Me41um Indu.tr1al) and We.t i. zoned R-1AA (Singl. Family Di.trict). Exi.ting Land U.................Wbol..al. d1.tr1~ution facility with a..ociated .torag.. Propo.ed Land U.................In addition to the exi.ting land use, whol..al. .howrocn and ret.i~ ..l~.. .. Water S.rvic....................Bxi.tin9 on-s1t. Sew.r S.rv1c....................lxi.tin. on-sit. AGENDA ITEM: III.B. {t- ....'... z:· ,':0:', ':=t:. :'1-: t: :j J' ::;~: :,~ ',o!': :;:c: .,,', , oJ... ::f¡ I ~;... ':'. ;:. ; :': ~ ',. '.. , . .. I '.',' f ' " ''',. , .. , :,. I' .::;~~:::' ~. ..... '. .,"'.' .. . ' ... ~'.. .. " .;.~' " . -~" ,. '" ~ ¡: \. I ~ ~ . . ..,~.. ' J . I ~ . 'I!il - :I~I . . ," z \ f - I I ':?: .:,::. 'NO '11TH .';"." ,'¿- ........ ::t ,. . :::"I~: >;:;:: ,~ ':':':-. "... .'.-.. .6 I ..... '" J~~; '@), " "1f., i~ ::::;: '~ ;;;~t I, ',...,. ....... ,'. :--, ' . '.' . " , .. . · 1 I I ORDINANCE NO. 12-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96 "FIRE I PREVENTION; FIREWORKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SECTION 96.08 "HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST", TO PROVIDE FOR REIMBURSEMENT, TO THE CITY OF DELRAY BEACH, COSTS ASSOCIATED WITH INVESTIGATING, MITIGATING, MINIMIZING, REMOVING OR ABATING THE RELEASE OF HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; PROVIDING FOR A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission finds and declares that "hazardous substances and hazardous wastes", as defined herein, discharged or released upon or into property or facilities located within the corporate limits of the City of Delray Beach pose a great risk to the health and safety of the general public; and, I I WHEREAS, the City Commission has determined that the prompt clean I up, abatement and removal of hazardous substances and hazardous waste is vital to the protection of the health and safety of the citizens of the City of Delray Beach; and, WHEREAS, the United States Environmental Protection Agency (EPA), has promulgated rules by which local governmental units may, under certain circumstances, receive funds from the EPA for unreirnbursed costs associate4 with the clean up, abatement,' and removal of hazardous substances and hazardous waste; and, WHEREAS, under the EPA rules, prior to receiving funds from the EPA, local governmental units must first seek reimbursement of costs associated with ,clean up, abatement, and removal of hazardous substances and hazardous waste from those responsible for the release of such hazardous substances or hazardous waste; I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY I OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 96, "Fire Prevention; Fire Works", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to enact a new Section 96.08 "Hazardous Substances and Hazardous Waste; Recovery of Cost", to read as follows: 96.08 Hazardous Substances and Hazardous Waste; Recovery of Cost. A. Definitions: (1) COST- Those necessary and reasonable expenses incurred by the City in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including by not limited to, the actual labor cots of City personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs for any actions that the City may take in this regard out of the City's jurisdiction or off-site; and the cost of expendable items including, but not limited to, fire fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment. (2) RELEASE- Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouring, emitting, emptying, or dumping of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the City of Delray Beach. (3) HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE- Any substance or material in a quantity or form, which in the determination of the Fire Chief or his authorized designee, poses an 9 un~easonablð bod imminent risk to the life, health, safety or L . -.- , il welfare of persons or property within the City of Delray I ~ Beach; including, but not limited to; those substances listed II in the National Fire Protection Association's "Guide on 11 Hazardous Materials", the EPA's list of "Extremely Hazardous (I Substances" or the "Florida Substance List", promulgated by :1 the State Department of Labor and Security, or by C.R.C.L.A. Ii in 40, C.F.A. 300.6. :1 ! ( 4 ) PERSON- One or more individuals, partnership, :! corporations, joint ventures, associations, or any other '! entities or any combination thereof. ¡ ~ i B. Authority to Initiate Action: 11 II ( 1 ) The Fire Department is hereby authorized to take or cause ~ to be taken, such steps as may be necessary to clean up, remove or abate the effects of any hazardous substance or I I hazardous waste discharged or release upon or into public or ! I private property or facilities located within the corporate I I limits of the City, and any actions associated therewith which occur off-site designed to mitigate a hazardous ! II substance or hazardous waste release of discharge. :1 ì !I (2) Any person or persons responsible for causing or allowing II II a discharge or release of hazardous substances of hazardous I ¡I waste that requires emergency action by the Fire Department :1 ! of the City of Delray Beach or its authorized agents, in í order to protect the health, safety, or welfare, shall be \ strictly liable both jointly and severally to the City of I I Delray Beach for the cost incurred by the City in the I investigating, mitigating, minimizing, removing and abating 11 any such discharge. II ( 3 ) When responding to the emergency caused by the unauthorized discharge or release of hazardous substances or hazardous wastes, the Fire Department of the City of Delray Beach, shall keep a detailed record of the cost and expenses attributable thereto. (4) The authority to recover cost under this section shall not include cost incurred for actual fire suppression services or other services which are normally supplied by the City's Fire Department or its authorized agent. C. Recovery of Cost of Hazardous Substance and Hazardous Waste Clean up. I 1 (1) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the City of Delray Beach for the full amount of all costs, as defined herein, associated with the investigation, mitigating, minimizing, removing, or abating any such discharge or release within a period of thirty (30) days after receipt of an itemized bill for such cost from the City of Delray Beach. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the City of Delray Beach within the time set forth in Subsection C(1) hereof, shall be subject to a surcharge equal to one hundred I dollars ($100.00) per day or ten ,percent (10%) of the total amount of the bill, whichever is greater, for each additional I day that the bill for such cost remains unpaid. I I ( 3 ) The remedy provided for this section shall be I supplemental to, and in addition to, all other available remedies at law and equity. I Section 2. That funds collected as a result of this ordinance shall be assigned to the Fire Department for the purpose of I I ¡ I i ! , II -2- Ord. No. 12-90 !I II - it equipment replacement and. the replacement of supplies used in !i ! conjunction with hazard mitigation. '1 'I Section 3. That all ordinances or parts of ordinances which I' ,I are in conflict herewith are hereby repealed. 'I I .1 I Section 4. That should section provision of this ; any or I 1 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 invalid. ,[ Section 5. That this ordinance shall become effective ten ( 10) I days after its passage on second and final reading. , ,. ~ PASSED AND ADOPTED in regular session on second and final I reading on this the day of 1990. :1 , " ;1 il 11 MAYOR " ATTEST: City Clerk First Reading Second Reading " ,i " ji: ~ I ! I -3- Ord. No. 12-90 I I, - [ITY DF DELAAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: MALCOLM T. BIRD, INTERIM CITY MANAGER FROM: R. B. REHR, ACTING FIRE CHIEF DATE: MARCH 16, 1990 SUBJECT: PROPOSED ORDINANCE - HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE - RECOVERY OF COST Attached please find a proposed ordinance, titled "Hazardous Substances and Hazardous Waste, Recovery of Cost", to amend the City Code of Ordinances, Chapter 96. This ordinance is intended to authorize recovery of costs incurred in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances and hazardous waste. The ordinance will place the burden of cost on the responsible party rather than on the citizens. This mechanism is essential if a situation necessitates seeking reimbursement from the Environmental Protection Agency. The attached ordinance has been reviewed by the City Attorney and Risk Management and they support the proposal. The Fire Department recommends that this Ordinance be approved. all! / (.J '*-' l- '----- y' ¡' R.B. Rehr Acting Fire Chief RBRjew FIRE DEPA.RT\lE~n ~EADQUARTERS. 101 WEST ATlANTIC A VENUE. DELRA Y BEACH, FLORIDA 33444 407/243,7400. FAX 407/ 265,4660 ~ , . . , t ~ ORDIN ANCE N(). 13-90 AN ORDINA,NCE OF THE CITY COMMISSION OF THE rITY OF DELPA Y BEACB, FLORIDA., A~1ENnING TITLF. V, "PUBLIC WOPKS", Cf-1 APTER 52, "\\I A TER", BY REPEA LINe; RECTION 52.03, "USE OF WATER FROM f-1YDRANTS", AND ENACTING NEW SECTION 52.03, "USE OF WATER FPOM PYDRANTS", TO PROVIDE FOP OBTAINING POTABLE WATER ON A INTEPIM OP TEMPORARY BASIS UPON APPROV AI, OF THE DIRECTOR OF PUBLIC UTILITIES, TO PROVIDE THAT IF APPROVED BY THE DIRECTOR OF PUBr,IC UTII,ITIES ON AN INTERIM AND TEMPORARY BARIS THE APPLICANT SHALL BE REQUIRED TO SUBMIT AN APPLICATION INCLUDING A MINIMUM DEPOSIT IN THE AMOUNT OF $350, PROVIDING TJ-fA T MINIMUM CHARGE WILL BE ASSESSED PURSPANT TO SECTION 52.34, AND PROVIDING TFAT ALL CHA,RGES BE PAID IN FULL BEFORE THE RETURN OF THE DEPOSIT. PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPFALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEI.RAY BEACH, FLORIDA, IAS FOLLOWS: Section 1. That Title V, "Puhlic Works" Chapter 52, "Water" , "General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 52.03 "Use of Water From Hydrants", is hereby enacted to read AS follows: ; I ~2. 03 Use of Water From Byòrants. (A) Fire hydrants shan not be used for obtaining potable water, ey.cept under certain eytenuating- circnmstancps wherein a requf'st, which must be in writinp:, may be made to the Dirpctor of Puhlic Utilities or his/her designee for permission to use a fire hydrant for potable water on an interim or temporarv basis. The Dirpctor of Public Utilities or his / hpr designee must approvp. aU such requests. (B) If permission to use a fire h~Tdrant is approved b~7 the Director of Pub]ic Utilities, or his/her dpsig-nee, on an interim and temporary bEl,sis, thp applicant shaH he required to submit an application including a minimum deposit of $350. The customp.r charges and capacity chargps for a two-inch metEOr as set forth in Section 52.34, shall hE> ~ue and payahle pach and ~very month, for as long as the mpter is installed, re~Rrdless of whethpr the mp.ter is actually turned on and without rep:ard to usarrp. All charges must be pAid in full before the dpposit of $350 is rpturned to the customer. Section 2. That should any section or provision of this ordinance or An" portion thereof, any parag-raph, sentence, or word be declared by a court of compptent 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 ï'nvalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after it~ passage on second and final reading. PASSED A ND ADOPTED in reg-ular sE>ssion on second and final reading on this the ____ day of , 1990. Mayor ATTEST: City Clerk \ l First Reading- Second Reading- 1M . þÞ.. (RECEIVEL . N'R o 4 90 MEMORANDUM COMM. sves. GROUP TO: Robert A. Barcinski Asst. City Manager/Community Services FROM: William H. Greenwood Þt¡Jb <11'1 Ifc Director of Public utilities SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 24, 1990 - PROPOSED REVISION TO CHAPTER 52, SECTION 52.03 (A&B) DATE: April 4, 1990 Item Before City Commission Request City Commission to approve revisions to Chapter 52, Section 52.03 (A&B) of the City of Delray Beach Code of Ordinances. Background Section 52.03 (A) - Previously authorized the Fire Chief or some employee of the Utility Billing Division to approve usage of potable water from fire hydrants. Public Utilities has a Cross Connection Ordinance in effect (Section 52.80) and currently has back flow prevention devices in stock to be utilized for all fire hydrant water usage. The control of potable water flow from all fire hydrants should logically be transferred to the Public Utilities Director who has staff familiar with these appurtenances and maintenance of them. Section 52.03 (B) - The minimum deposit has been increased to $350 which reflect the cost to fabricate the backflow/meter device currently required for potable water use. Minimum daily charges are being adjusted to correspond with customer charges currently in effect for the meter size (2") contained in the hydrant device. Monthly charges are as follows: Inside City Outside City Non-Residential & Vegetation $30.86 $38.57 Capacity Charge $0.53/1000 gal $0.66/1000 gal Recommendation Staff recommends City Commission approval of revised authorization and connection fees to reflect existing conditions. . . , I '. , . ( , t II ~ ! i D R AFT 52.03 USE OF WATER FROM HYDRANTS (A) Fire hydrants shall not be used for obtaining POTABLE water under any circumstance, except ..ßy-~sc~--~-ehe--~~-C-A-:i:&~, UNDER EXTENUATING CIRCUMSTANCES WHICH MUST BE REQUESTED IN WRITING AND APPROVED BY THE DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE. ~~-fi.i-&-!'e<JU'~i-oß.-ãftd.~1-r~F-~~~ ~~.-efte.-~:t-1-~--&:t-l-l-~--Ð-~:i:-&i-oß.-~-~- -d-~:i:<m--~~-4;.Ae ~:i:-1-~~:i:-l-l-~-C~~:i:Ge-~~. -~~-----~-G&ee--~:i:-Fe-~~~~-a-~""¥--Ga&:i.-s--~ ~:i:ft.~ wa 'tor r--a--m-:i:ft.i-mur&--depGe-io&-~~~~~l-l-~~-equ-~, ~'!:--<Hr~-~~i--'!:-im&~-~:i:-J::e.-~--\i5&--i-&-needed-. -'Pfte.~:i:ft.i-mur&--4a-:t-~~--~ wa t.or -~~-t;ftGee.~~1,.1,.~ -#rGG--»]!fo-:i:ft&:i=d&-&~-\iØ&,. -~-$-~~-iG-F-~~-<)O~--\i5&r- --~ -~~-'eft.ër-e--~~'!:-~~-wa-1!:er-~..ße.~-:i:-&~-&e-¡:m.:i-n-ed- -t.G- ~~-~-m-:i:ft.i-mur&--4a-:i:-~-~E<J&r--~--G-'!:-~l-~~~~1,.1,.~~~ ~PV-ioee- -~F¥'.:k-e&!'--~--~:t-Fe---t:-fte.- -QoS&F--~-aw~-iG-F--a-~t.&F- ~J!'or (B) IF PERMISSION TO USE A FIRE HYDRANT IS APPROVED BY THE DIRECTOR OF PUBLIC UTILITIES ON AN INTERIM AND TEMPORARY BASIS, THE APPLICANT SHALL BE REQUIRED TO SUBMIT AN APPLICATION INCLUD- ING A MINIMUM DEPOSIT OF $350.00. THE CUSTOMER CHARGES AND CAPACITY CHARGES FOR A 2-INCH METER AS SET FORTH IN SECTION 52.34 SHALL BE DUE AND PAYABLE EACH AND EVERY MONTH, FOR AS LONG AS THE METER IS INSTALLED, REGARDLESS OF WHETHER THE METER IS ACTUALLY TURNED ON AND WITHOUT REGARD TO USAGE. ALL CHARGES MUST BE PAID IN FULL BEFORE THE DEPOSIT OF $350.00 IS RETURNED TO THE CUS- TOMER. PUBLIC UTILITIES DEPARTMENT SHALL INSTALL AND REMOVE THE FIRE HYDRANT METER AND BACKFLOW PREVENTION DEVICE. ~ , ~ . , ~ " il 11 ORDINANCE NO. 14-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE" , CHAPTER 71, "PARKING REGULATIONS", "PARKING METERS" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES", SUBSECTION (A) , BY REESTABLISHING THE COST OF PARKING A VEHICLE IN CERTAIN PARKING METER SPACES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code" , Chapter 71, "Parking Regulations" , "Parking Meters" , of the Code of Ordinances of the City of Delray Beach, Florida, Section 71.058, "Cost of Parking or Standing Vehicle in Certain Metered Spaces", Subsection (A) be, and the same is hereby amended to read as follows: SEC. 71.058 COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES. (A) The cost of parking or standing a vehicle in a parking meter space located in the parking lot east of the Andrews Avenue Fire Station, and in the parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park shall be .~se $.75 per hour. The cost of parking or standing a vehic~n a parking meter space located along State Road A-1-A shall be $.75 per hour. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1990. MAY 0 R ATTEST: City Clerk First Reading i Second Reading ,~ I I , , . ~E~OR.-\:.iDC!- TO: Gates D. Castle, P. E. City Engineer/Director of Public 'io,'orks FROM: ~ David ~. Harvell ~ Assistant Director of Public ¡"'orks DATE: March 2 , 1990 SCBJECT: PARKI:.iG ~ETER RATES The parking meters o n ,-\ 1.-\. have a rate of ? - cents per 20 _J minutes. The parking lots (Atlantic Dunes, Sandoway, Anchor and the fire station lot) have 3-!5 meters, which have a rate of ?- cents for 30 minutes. The cost to bring the meters in _J the parking lots to the higher rate of ?- cents per 20 _J minutes would be approximately 53,500, excluding in house labor. we would see a substantial increase in parking meter revenues by raising the rates. This increase would not be out of 1 ine with what the surrounding cities are charging. If this method of generating revenue has any merit, \,,'e should get input from the City ~anage r, for this does require a change in the ordinance by City Commission. Please advise. DMH:mc attachments . . . ~ . : ; , " '. f ; 11 DELRAY BEACH PARKING REGULATIONS 5 71.058 quarters for recreation, camping, or § 71.057 OPERATION OF PARKING METERS. travel use and designed to be connected for towing through the use of a (A) Except in a period of emergency fifth-wheel device. determined by an officer of the Fire or ('80 Code, S 26-60) Police Department, or in compliance with the directions of a police officer, (C) Any recreational vehicles as police aide, or traffic-control sign or defined in division (B) of this section, signal, when any vehicle shall be parked or any vehicle exceeding 8,000 pounds in any parking space alongside or next to gross weight, or which utilizes more than which a parking meter is located, the one standard parking space, as referred operator of this vehicle, shall, upon to in this section, shall be parked in entering the parking meter space, designated off-street parking lots near immediately deposit or cause to be the beach area. It shall be unlawful for deposited in the meter the proper coin of any person to park or cause to be parked the United States as is required for the any of these vehicles in the area parking meter and as is designated by described in S 71.040. ('80 Code, proper directions on the meter, and when S 26-61) required by the directions on the meter, (Ord. 53-78, passed 8-28-78) Penalty, the operator of the vehicle, after the see S 71.999 deposit of the proper coin or coins, shall also set in operation the timing PARKING METERS mechanism on the meter in accordance with directions properly appearing thereon, § 71.055 DEFINITIONS. and failure to deposit the proper coin, and to set the timing mechanism in For the purpose of this subchapter operation when so required, shall the following definitions shall apply constitute a violation of this subchapter. unless the context clearly indicates or requires a different meaning. (B) Upon the deposit of the coin (and the setting of the timing mechanism "PARKING METER." Any mechanical in operation when so required) the device or meter not inconsistent with parking space may be lawfully occupied by this subchapter placed or erected for the the vehicle during the period of time regulation of parking by authority of which has been prescribed for the part of this subchapter. Each parking meter the street in which the parking space is installed shall indicate by proper legend located, provided that any person placing the legal parking time established by the a vehicle in a parking meter space city and when operated shall at all times adjacent to a meter which indicates that indicate the balance of legal parking unused time has been left in the meter ~y time, and at the expiration of the period the previous occupant of the space shall shall indicate illegal or overtime not be required to deposit a coin so long parking. as his occupancy of the space does not exceed the indicated unused parking time. -PARKING METER SPACE." Any space within a parking meter zone, adjacent to (C) If the vehicle shall remain a parking meter and which is duly parked in any parking space beyond the designated for the parking of a single parking time limit set for that parking vehicle by lines painted or otherwise space, and if the meter shall indicate durably marked on the curb or on the illegal parking, then, and in that event, surface of the street adjacent to or the vehicle shall be considered as adjoining the parking meters. parking overtime and beyond the period of legal parking time, and parking shall be "PARKING METER ZONE.- Any restr icted deemed a violation of this subchapter. street upon which parking meters are ('80 Code, § 26-66) (Ord. 21-81, passed installed and in operation. 4-21-81) Penalty, see S 71. 999 ('80 Code, S 26-63) (Ord. 2-81, passed 4-21-81) S 71.058 COST OF PARKING OR STANCING VEHICLE !N CERTA!N METERED SPACES. § 71.056 CESIGNATION OF SPACES~ INSTALLATION OF METERS. (A) The cost of parking or standing a vehicle in a parking meter space The marking off of individual parking located in the parking lot east of the spaces in the parking zones described in Andrews Avenue Fire Station, and in the Chapter 73, Schedule II and in any other parking lots at Atlantic Cunes Park, zones as may hereafter be established~ Anchor Park, and sandoway Park shall be and the installation of parking meters in $.50 per hour. The cost of parking or the spaces is authorized, ratified, and standing a vehicle in a parking meter confirmed. The placement of the meters space located along State Road A-l-A shall be in accordance with applicable shall be $.75 per hour. city ordinances. ('80 Code, § 26-65) (Ord. 21-81, passed 4-21-81) . ¡ I ~ . 1 '! . S 71.059 DELRAY BEACH PARKING REGULATIONS 12 (B) The only coins which the meters (F) Park a vehicle in any parking accept are United States quarters. space designated as a handicapped parking ('80 Code, S 26-67(a), (b» (Ord. 21-81, space without displaying a permit for passed 4-12-8l¡ Am. Ord. 46-81, passed handicapped parking which has been issued 6-23-81¡ Am. Ord. 93-87, passed by a governmental agency having the 11-10-87 ) Penalty, see S 71.999 authority to issue the permit¡ Cross-reference: (G) Deface a parking permit or Parking on A-l-A, see §S 71.040 transfer a parking permit from the through 71.042 vehicle for which it was acquired to another vehicle without approval in S 71.059 PARKING TIME LIMITS. advance ,of the City Manager¡ The parking meters shall be operated (U) Park a vehicle in any parking in the parking meter zones every day lot or space which requires a parking between the hours of 8:00 a.m. and 6:00 permit without displaying a valid permit. p.m. , including Sundays and holidays. ('80 Code, S 26-29) (Ord. 21-81, passed ('80 Code, S 26-67(c» (Ord. 21-81, 4-21-81¡ Am. Ord. 62-85, passed 6-25-85¡ passed 4-12-81; Am. Ord. 46-81, passed Am. Ord. 33-87, passed 4-14-87) Penalty, 6-23-81) see S 71.999 S 71. 060 PARKING METER PERMITS. S 71.062 COLLECTION OF DEPOSITED MONEYS. A parking meter permit may be The city administration shall provide purchased from the city by all persons for the regulår collection of the money which shall authorize the parking of the deposited in the parking meters. All of vehicle for which the permit was acquired the money shall be deposited into the in any parking meter space except those General Fund of the city. otherwise restricted located within the ('80 Code, § 26-70) (Ord. 21-81, passed Anchor Park and Sandoway Park parking 4-21-81) lots only without requiring the payment of money into the space's parking meter. IMPOUNDMENT PROCEDURE ('80 Code, S 26-68) (Ord. 21-81, passed 4-21-81; Am. Ord. 22-85, passed 2-26-85; § 71.070 WHEN IMPOUNDMENT AUTHORIZED. Am. Ord. 67-86, passed 11-11-86) Members of the Police Department are S 71.061 CERTAIN ACTS PROHIBITED. hereby authorized to remove a vehicle from a street or highway to the nearest It shall be unlawful and a violation garage or other place of safety or to a of the provisions of this subchapter for garage designated or maintained by the any person to: Police Department or by the city under the following circumstances: (A) Cause, allow, permit, or suffer any vehicle registered in his name to be (A) When any vehicle is left parked overtime; unattended upon any bridge, viaduct, causeway, or tunnel, where such vehicle (B) Cause, allow, permit, or suffer constitutes an obstruction to traffic. any vehicle registered in his name to remain or be placed in any parking space (B) When a vehicle upon a street is adjacent to any parking meter while the so disabled as to constitute an meter is displaying a signal indicating obstruction to traffic or the person in that the vehicle occupying the parking charge of the vehicle is, by reason of space has already been parked beyond the physical injury, incapacitated to such an period prescribed for the parking space; extent as to be unable to provide for its custody and removal. (C) Cause, allow, permit, or suffer any vehicle registered in his name to be (C) When a vehicle is found being parked across any line or marking of a operated upon the streets and is not in parking meter space or in a position that proper condition. the vehicle shall not be entirely within the area designated by the lines or (D) When any vehicle is parked markings¡ continuously upon a street for more than 72 hours. (D) Deface, injure, tamper with, open, break, destroy, or impair the (E) When any vehicle is left usefulness of anr parking meter installed unattended upon a street and is so parked under the provislons of this subchapter¡ illegally as to constitute a definite hazard or obstruction to the normal (E) Deposit or cause to be deposited movement of traffic. in any parking meter any slugs, device, or metal substance, or other substitute (F) When the driver of such vehicle for lawful ~oins¡ is taken into custody by the Police . . I I . t . r t ~ ~ . I i c -- -. ~.' -, "0: ','- -"6 ~,~, F.,.'_ I , , , .___ __- .... .... _._ ._.- .--........ .-.-.-.__. ........_ .......... ~~ _ __ J.. II ".. .. -,... ....,.. .. ,." . _! .,,-- .,- .- ---,-,.' ,- -. i ' ORDINANC1 NO.. 15-90 II I 11 »T OR;;'!NAN'.::E OF Tß! CITY COMMISSION OF THE CITY OF " DEr,AAY BEACH; FLORIDA, AMENDING. TInE IX, "BUSINESS !! REOUL1\TIONS" , CHAPTER 110, "OCCUPATIONAL LICENSES :i GEN'!ULLY", SECTION ,110.08, "WHEN STATE LICENSE IS ìi REQUIRED", BY ENAC'I'ING A NEW SUBSEC'I'ION 110.08(C), TO PROVIDE THAT THE REQUIREMEN'l'S OF FLORIDA STATUTES, CHÞ.P'I'ER 481, "PART I", "ARCHITECTURE" AND IMPLEMENTING RULES OF THE FLORIDA ADMINISTRATIVE CODE, GOVERNING ARCHITECTS AND INTERIOR DESIGN PROFESSIONALS SHALL BE INCORPORATED HEREIN, AND PROVIDING THAT THE CITY SHALL NOT ISSUE A BUILDING PERMIT(S) IF THE PROVISIONS OF FLORIDA STATUTES SECTIONS 481.201 THROUGH 481.233 OR IMPLEMENTING RULES OF THE FLORIDA ADMINISTRATIVE CODE HAVE NOT BEEN MET; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENEUL REPEALER CLÞ.USE J PROVIDING ~ EFFECTIVE (¡ DATE. , . ìi NOW, THEREFORE, BE IT ORDAINED 1aY THE CIn COMMISSION OF n :¡ CITY OF DELRÞ.Y BE>'CH, PLORIDA, AS FOLLOWS: ¡: Section 1. That 'title XI, uBusiness Re<;ulations", Chapte :' 110, "occupa.tional Licenses Generally", Section 110.08, "When Stat '! License is Required", be and the same is hereby amended by enacting :¡ new subsection 110.08(0), to read .s follows: ,¡ (c) The requirements ,of ¡Florida stat¿tes Section 481.2C :,; through and including Section 481.233 (1988) and irnple i menting Rules of the Florida A4minlstrative Code, as ma il be amended from ttme to ttme, regulating the praotice 0 I architecture and interior design, are hereby incorporate : as fully as if set forth in length herein. The Cit " ,: shall not issue a building permlt(s) if it is apparen iI from the face of the application for the building per ; mitts) that the provisions of Chapter 481, Part I, of th ! Florida Statutes or the implementing Rules of the Florid 'I 1\ðm1nistrative Code, a8 may be amended from time to time : have not been met; provided, however, that a buildin : permit(s) shall not be withheld if an exception 0 I exemption, as set forth in F1Qr~da Statutes Sect10 ¡ 481.229 applies. I :1 Sectiçn 2. . That should any section or provision Of th1 it ordinance or any port1.on thereof, any paragraph, sentence, or word b i declared by a Court of competent jurisdiction to be invalid, sue 11 decision shall not affect the validity of the remainder hereof as il whole or part thereof other than the part declared to be invalid. 'I ¡i Section 3. That all ordinances or parts of ordinances i, il conflict herewith be anð the same are hereby repealed. II . Section 4. That this ordinance ahall become effective imrnedi, ;! ately upon passage on second and final reading. :1 PASSED AND ADOPTED in regular aession on second and fin..: readin9 on this the day of . 1990. i II I; j I;. M A YÖ R II ~'rl'EST: -" . .' I City Clerk First Reading Second Reading ¡ \~ -4 .,......:.,..,., ",..,-~._--~ .......... .,"~'1t~\... , , .' '. ........:--. Jl':... _':.aR1'" :at _ _. . § 35.032 DELAAY BEACH EMPLOYEE POLICIES AND BENEFITS 34 "STRI1Œ. II The concerted failure to (c) The Chairperson and report for duty, the concerted absence of all members of the local Commission shall employees from their positions, the be appointed tor tour-year staggered concerted stoppage of work, the concerted terms. submission of resignations, the concerted abstinence in whole or in part by any (d) Neither the group of employees from the full and Chairperson nor any member shall be faithful performance of the duties of employed by, or hold any commission with, employment with a public employer, for any governmental unit in the state or any the purpose of inducing, i nfl uencing, employee organization while serving in condoning, or coercing a change in the that office. terms and conditions of employment or the rights, privileges, or obligations of (e) A vacancy for the public employment or participating in a unexpired term of a member shall be deliberate and concerted course of filled in the same manner as herein conduct which adversely affects the provided for an original appointment. services of the public employer, the concerted failure to report for work (f) The presence of three after the expiration of a collective members shall constitute a quorum of any bargaining agreement and picketing in called meeting of the Commission. furtherance of a work stoppage. The term "STRI!Œ" shall also mean any overt (g) The Commission in the preparation, including, but not limited performance of its duties and powers to, the establishment of strike funds under this subchapter shall not be with regard to the above-listed subject to the control, supervision, or activities. direction by the City Manager or City Commission. "STRI!Œ FUNDS." Any appropriations by an employee organization which are ( 2) The Chairperson and the established to directly or indirectly aid remaining members of the Commission shall any employee or employee organization to devote their time as is necessary to the participate in a strike in the state. performance of their duties hereunder, ('80 Code, § 20-2) (Am. Ord. 74-77, and shall be compensated as established passed 12-12-77; Am. Ord. 4-78, passed by resolutions adopted by the City 2-27-78; Am. Ord. 70-79, passed 10-8-79) Commission from time to time. The Chairperson and other members shall also § 35.032 PUBLIC EMPLOYEES RELATIONS be reimbursed for reasonable expenses CO~1MISS ION. under this chapter as provided for in F.S. S 112.061- The Chairperson shall be (A) (1) There is created and responsible for the administrative established the Public Employees functions of the Commission and upon Relations Commission, hereinafter authorization by the City Commission referred to as the Commission. shall have the authority to employ personnel as may be necessary to carry (a) The Commission shall out the provisions of this subchapter. be composed of three members and one The Chairperson shall also have the alternate to be appointed by the City authority to call the alternate Commission. Members of the local Commissioner to serve during those times Commission established pursuant to this as the alternate Commissioner's presence division shall be appointed so that the is necessary to complete a quorum for the composition of the local Commission is as conduct of City Commission business. follows: One appointée who is a person Until that time as the Commission has who, on account of previous vocation, submitted a budget which is funded by the employment, or aff ili ation, is, or has City Commission, the Commission shall, been, classified as representative of upon request of the Chairperson to the employers; one appointee who is a person City Manager, have its fiscal needs who, on account of previous vocation, provided for by appropriations from the employment, or affiliation, is, or has unappropriated surplus. been, classified as representative of ('80 Code, S 20-) (Am. Ord. 74-77, employees or employee organizations; and passed 12-12-77; Am. Ord. 70-79, pas sed all other appointees, incLuding 10-8-79; Am. Ord. 66-80, passed 11-25-80) alternates, s~a11 be persons who on account of previous vocation, employment, (B) Powers and duties. or affiliation, are not or have not been class! fi ed as representati ve of employers (1) After public hearing, the or of employees or employee organizations. Commission shall adopt, promul ga te, .. amend, or rescind those rules and (0) The City Commission regulations as it deems necessary and shall designate one member as Chairperson. administratively feasible to carry out the provisions of this subchapter, in \~ ·do ~ April 4, 1990 MEMORANDUM TO: MAYOR LYNCH AND CITY COMMISSION THRU: ROBERT BARCINSKI, INTERIM CITY MANAGER , , FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~~ v' RE: RECOMMENDATION FOR APPOINTMENTS TO EDUCATION BOARD TO FILL TWO (2) VACANT POSITIONS - - BACKGROUND: The City Commission by Resolution No. 23-90 expanded the Education Board to eight appointed positions. The Board has accepted the resignations of two board members (Bill Wallace and Mike Plum) and is now recommending that the Commission consider appointments to fill these vacant positions. The Board has received applications from three ( 3) persons wishing to volunteer their service. Former Commissioner Trish Brainerd expressed to the Board her willingness to serve in this volunteer capacity. The Board accepted her verbal request at the regular meeting of 3/14/90. Applications were received from the following: 1. Trish Brainerd, (former Commissioner, interest made known and accepted by Board at her last meeting) 2. Deborah wright 3. Ms. Katherine Sloan 4. John French RECOMMENDATION: The Board is recommending the appointment of Ms. Deborah Wright and Trish Brainerd to the vacant positions. Copies of applications received are attached for your review and reference. Commission consideration of the recommendation is required. LB:DQ Attachments B:EdB.Mem/LY3 . , ! ~ \(0 . , ~ . CITY OF DELRAY BEACH - eOARD MEMBER APPLICATION [)£ tEJ{) a ~4 H tV £:LG- tf T NAME P 0.:.. ¡30l búi- Ì)c¿~1f ~c.L.. . ~t.... 3:3ýŸ~ -- HOME STREET ADDRESS. CITY. ZIP (LEGAL RESIDENCE) / 5v L N. ;(/. 15 ~ ~()tjR.L-¡ßtJr..J l?A1ìJtV ¡:=¿. __? 3Yroj? PRINCIPLE BUSINESS STREET ADDRESS. CITY. ZIP --r- ------ ~7h-5' 3 7 ~ ,3 3 .? - I 'f 0 Ò HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERV~U, f,j~lf/tV.D..k;--r"'LI"":J'... , - - LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~r ï 1t".I~ T-r:M.G" MDT l1-A/ý - - -- EDUCATIONAL QUALIFICATIONS ¡1It. :t. &'C,,4 (.. 5 ÌlA iJ..Q;="~--L1:/V.Q..._ß<..( SIN ~ E1)1Á <:"1.I;:I:"1) .V - P~E ~ï: -1Lrr A<:.I1 ~ D ~ê5vA1J!' ~ __ -- --- ---- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ~Ej3L é.1LL!:. r E L..~~s:-2:i;i~__J.£l!Ç-LfL.ðI~ c.£7t.rz Pz C/f n;- ___ ------ - GAVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ífLIYI 4é11:::<:..d__ CO", 1'1 ry 5c /'f7J4 L. LJð.~ () - &c!..4 M'~N.s...p.- /Þ1 UIf/:1Ý I+...!.. '(;..1'1- 7,-,4. Q. H-t:- It- DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. ~DJU TrlJI.,j &.,~~ - //'k.t<;.H-r ...;::yv I'A~ A.c.,'ì'k,'''' C"..U1T'Y I i Y¿=~"5 . c:..~ 't- f'~Ikt,I6'.A.1\J'6- l' "2 4IVr,v~_ - fJ,4J.;f.Z. r -~t'-:..ß.Æ'9c.. ;-S~ f'"1:.-~í ' -- - 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 HAY CAUSE FORFEITURE upon HY PART OF ANY APPOINTHENT I MAY RECEIVE. 4'~~__7f~___ 7" :;1 - '? t.I -------. -------- ---- ----- SIGNAT E DATE ~.....·_4.~ . . . , . t . ¡ , ~ , nesum2 of Gebarðh Jean Wriq.,t :=" . 0 . Bo:: 604 Del r a'y' Bea,=r.. Fl~t-l~~ 33444 -----------------------.------------------------------------------ !;QIdÇ6I1.Qt!6b ª6ÇtJ2ßºldtl~ 1973 - Xavi ~- U~i '¡.:::rsi tv Ð.S. 1980 - Florida Atlantic Uni 'y'er:si ty B. A. 1983 - n:¡'ia LJr.i ve¡-~i tv M.S. EBºE~551º~eb ~~EEBI~UÇ~ 1979 - F'r¿:5en-: Z:,~ca Raton High S,::hoo I BGca Raton~ Florida. Sac:i ¿,I Studie:s ar:d Business Education Spon:o¡- cf Flori da FLttw'-e Ecu=ators of Ame!"" i ca Cl Llb (-=-FEA) ~ Ambas:;ador Club~ Cc-Spor,s,:we.j Freshman~ S~phomore.Ju~ior and Senior ~1as:ses. ::cach.:d Girls' Basketball~ l)clleyt,",11~ and Softbélll T¿ams. 1987 - 1989 C~rver Middle School Del.~ 31 Beach ~ Fl. F'a,-t-time Adul t EdL'.ci',t ion ¿SOL and GED Instructor. 1979 - 79 :arve:-- Middle- School !="t-aj t:ct Rescue (CETA) :':1 ray Be¿lcr,. Florida :~~t!-.emat i== Tu~orial Teacher 1 f175 -, 7E c. ~,l n Beach County Schoel E:oard S~bstltute Tea=her çn::1~b-.lI:lçt:IIº~ml. Moti'.lated~ willing to work to ¿·.::hl ~""e goal:s. Meet .and wOI-1; \.0-,.::11 wi th people at all l-:vels.. . , I ~ . , ò . E:sE~º~ebl Age 38; ('i yoro::ed ~ e:·:cellent hea:!.th. Community minded: Enjoy playing ba.ckga.mmon~ :;wilT\ming~ tenni~ volley ba.ll~ ba.sketba.ll~ softball~ raquetball.skating and cheering a.t my son's basketball games. Ref F.t-ences .:::y.:tilc?ble upon reqL\est. ..... ~ . . I t . . f , ; II ~ . ! i CITY OF DELRAY BEACH - BOARD HEHeER APPLICATION K;Hhryn S. Sloan NAME 5 0.2 R y ~ Lan ~ . DÙLay B~ach. Florida. 33444 - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) -- K~i Sumrall Realty. In c .. 822 East Atlantic Averœ, DeI.:f!L.-BEL8£Þ~ Florida, 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ------ - 278-3175 272-6700 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING B~~ of Education LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None - EDUCATIONAL QUALIFICATIONS ALL~tic Hi~h Sch~ol. 2 r a dJ:l.!l t e d 1985 ___~~er5itv of Geor~ia. 2raduatí~~~~ 1990 (requirements completed) LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. F t 0 r..Ld aRe alE s_t_a_t~__S_aJ. e 5 man L ice n s e in-Georgia (at UGA) ___~.JUÜ.i cat i 0 n for Teacher Certification beinR filed GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION Kat~~~L~ll Realtv. Inc. Kathi Sumrall. employer _ Realtor-Associate Salesman, position DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. I have completed my reQuireme~~s to receive a BIS in Early Childhood Education. I _completed three- months of student teaching in __Athens. GeorRia. and f 0 u r mo-".!..h s in London. England. 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 P AR1.' OF ANY APPOINTMENT I MAY RECEIVE. -ìœ ~~) L~ (3~?I TURE DATE , / , . ~ , f ~ . : ; ~ KATHRYN S. SLOAN PERSONAL BACKGROUND Lifetime resident of Delray Beach Parents: John Nicholas and Rose Machek Sloan, III Date of Birth: May 14 , 1967 EDUCATION Trinity Lutheran School, grades K-8 Atlantic Community High School, graduated 1985 University of Georgia, graduation June, 1990 EMPLOYMENT March 1990 Kathi Sumrall Realty, Inc., Delray Beach, Florida positiort: Salesman Feb. 1988- Coldwell Banker Upchurch Realty, Athens, Georgia June 1989 - position: Office Manager's Assistant Summer 1986 Wee Care Day Care Center, Delray Beach, Florida Summer 1987 position: Assistant Classroom Teacher; infants 2 year olds, nursery Christmas \985 Rosella's Bakery, Delray Beach, Florida Christmas 1986 position: Chef's assistant Christmas 1987 . ACCOMPLISHMENTS AND HONORS Autumn \989, Particip;\nt in C.O.S.T. program for overseas student teaching, four months teaching in London, England Listed in 1988 Edition of Outstanding Young Women of America Dean's List - University of Georgia, 1987-1989 Social Coordinator - College Group - Campus View Church, Athens, Georgia, \985-1988 Children's Songtime Hour Coordinator and Teacher - 1989, Campus View Church, Athens, Georgia Sunday School Teacher - 1988 - Campus View Church, Athens, Georgia Member Clarke-Heritage Foundation, Athens, Georgia 1988, 1989 National Pen Women Scholarship, 1985 Miss Atlantic, 1985 REFERENCES Additional references available upon request . , . ~ . ~ ; ~ , . ~ ( q""C\O l" ~ CITY OF DELRAY BEACH þ1-' ~ BOARD MEMBER APPLICATION ~ói5L:L'/ çÆ' é)j c,1I NAtE ~ . 9¿:¿; Dc~õ()¡) j);1 :.s~b ¿)E¿J?AYßDkI/ 5'3'/£3 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDeNCE) PRINCI~SINESS STREET ADDRESS, CITY, ZIP .::2 Y 3-79 t.j 3 ~ HOME PHONE Bu'S ESS PHONE WHAT BOARDS ARE YOU INTERESTED IN SERViNG ON: DEL~A- V ßE4é~/ E!J0C-A ~/~...-u í3ðA.¿l) - LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE'PREVIOUSLY SERVED ON. (Please include dates) ¡..i""""IH....' REZA Tll>v..s ClldC-A 8"2, ~ .:3 ::£ )-I J.ð'C\ '" P.IJ,p-r¡C./PAII::-n /..t.' Ul5/t'JI,IS d~6D 5EM/NtéI/è. ANI) v - - f:/.. " ?;- 5LIJ3,~t:- 4'lIf-Á" r't.'/-I,../Jï7tt:- /..¡FET/....·f!.,Ç ~EAI//I,~ "'-·Il. ('PEJJS 7,4cc HA' /) K ¿c: k!-t:-)¡,I ~.I{) #1' GIVE YOUR PRESENT,OR MOST RE~ENT EMPLOYER,AND POSITION. ¡LJIJl RFT//2rl) / . DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. ¿-: {,€¡¿ "3 t;" Y~,LI/.!. ~ ~}..5 A TE/lc;/¿:e ~"lJ SC~A::~ð L /:f.f))'v)/A, I ~IÆA ~R.... (P~//I.)C /,1)/'1 L 1 ,/N Ct!JN/V¿:-C:-Tl~oT.. SERueD 1511,) , ð ¡fJ I< /JS of t: ¡J vc: T/ Z>~¡) - £~) r: /- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH ß, .S, / r'l /Î. Æ;V12 p~FE~Sn)AJA L DIP/dr-/A (¿r¡'1 y.£. 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 APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. rftl2¡ ~- X~ ..h/J. /f?d SIGNATURE ..r V D E ./ . . I . ~ . f t ~ ~ . ; . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~, 5-r£PHEItI RAC.ITI 31' ð.w. (/7+1., 7ÊI(ÞIlA<!.E' I OeLæltY 8E/tC. tI. PI... 834-+$ HOME ADDRESS (Street, City, Zip Code) (LEGAL' RESIDENCE)' , ~ PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE Jf()7-~71- OlJ.3(, BUSINESS PHONE ~ ON WHAT BOARDS ARE YOU INTERESTED IN SERVING E'DUCA-I/¿);t) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Nt> AJ e EDUCATIONAL QUALIFICATIONS 6£"£ ÂïTAC.tlED LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD 6E£ A7IAc..JI"ED /(e-Sl)HJ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION 6E'£ ATTA-c.HEIJ I?ESVHi DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD See- ArrllC,.Heo f?E"'VHÉ 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. a.~~d:. if/III?/) SIGN URE I f DATE 4/90 ~ , I ~ . f '! / ,. . - RESUME I. PERSONAL Name: t:. Stephen Raciti .Address: 111 SQ-.....h RrH Jlpv~t""'rl , Apt. ~9 ~fb ~~:nR.7i'kR~~?)OEl.~IIY BEA~ If¡ ¡:¡. 3ðllllS Telephone: SGé ago! u",OO' lI()7-~7i-() If'" Birthdate: August 26, 1920; New Brunswick, N.J. Marital Status: Married ~J6 Four children: Two, boys ,:i:4 , Two girls 2;0, ~. J'JfO II. EDUCATION BACKGROUND 1934 - 38 Highland Park High School, New Jersey 1939 - 43 B.S. Degree in Business Administration, R utge rs U ni ve rs ity 1948 - 50 M.A. Degree in Education, Rutgers University 1950 - 66 Continued graduate studies In Educational Administration and Supervision and Guidance and Personnel, Rutgers University 197~ Florida State Real Estate Salesman's License III . MILITARY EXPERIENCE 1943 - 46 U.S. Marine Corps, Captain IV. PROFESSIONAL EXPERIENCE 1967 - 77 Superintendent of Schools Brick Township, Brick Town, N.J. 1966 - 67 Assistant Superintendent of Schools Piscataway Townshi p, Piscataway, N.J. 1957 - 66 High School Principal Hopewell Valley Regional High School Pennington, N.J. . , . ~ . ¡ , ( , ~ '. t ; ¡ C. Stephen Raciti Page two IV. PROFESSIONAL EXPERIENCE (Cont'd) 1955 - 57 Director of Guidance and Personnel Hopewell Valley Regional High School Pennington, N. J. 1950 - 55 Teacher of English and Social Studies New Brunswick HIgh School New Brunswick, N. J. 1948 - 50 Teacher of English and Social Studies Somerville High School Somervi He, N. J. 1946 - 48 Data Processing, Time Study, Cost Accounting, E. R. Squibb and Sons, New Brunswick, N. J. V. COMMUNITY ACTIVITIES AND PROFESSIONAL ORGANIZATIONS Lions Club Rotary Club Knights of Columbus Y .M.C .A. Board of Trustees American Field Service Library Board of Trustees American Assn. of,School Administrators New Jersey Assn. of School Administrators Phi Delta Kappa, Rutgers University ~ . I ~ ,.. . ; ~ SKILLS AND COMPETENCIES C. Stephen Raciti :- Based upon a self-assessment of my training and experience, the following skills and competencies are presented as supportive of my candidacy for a position with your firm: Basic Ski 11s 1 . Communicative (oral and written) 2. Mathematical 3. Inter-personal relations General Competencies 1. Administrative 2. Supervisory 3. Manage ria I 4. Executi ve Specific Competencies 1. Personnel a. Recruitment b. Training c. Supervision d. Evaluation e. Policies and Procedures 2. Labor Relations a. Contract negotiations b. Administration of contracts c. Grievance procedures d. Personnel policies 3. Educational a. Program planning and development b. Program supervision c. Program evaluation ~ . . I t . i ~ ~ ; ; 4. Business Practices a. Data processing services b. Payroll c. Cost accounting d. Preparation of specifications e. Capital construction f. Budgeting g. Transportation services h. Food services i. Maintenance services .. 5. Other a. Research and studies b. Progress reports c. Evaluation reports d. Annual reports e. Pub lic re lations Job Objecti ve My job objective is to find employment where the skills and competencies that I have acquired through my training and experience would be useful and supportive to the enterprise. (J.~ÆZd;. C. Stephen, Raciti 1111 South Ocean Blvd. Boca Raton, FL 33432 Tel. 392-'6568 ~ . I I . ~ . ¡ ; "! t ï , MEMORANDUM TO: Cheryl Leverett, Administrative Assistant THRU: Alison J. MacGregor, City Clerk ~ FROM: Anita Barba, Board Secretary ~ SUBJECT: APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: April 6, 1990 There are two (2) vacancies on the Board of Construction Appeals for the position of General Contractor. Jay Felner has submitted his resume, attached, and would like to be considered. Also, Sam DeOto, an alternate on the Code Enforcement Board, would like to be considered and has submitted his resume. Based on the Local Rules adopted by the City Commission on 3/29/90, Seat #2 (Dr. Alperin) has the first appointment to the Board of Construction Appeals. By rotation, the second appointment would be made by Seat #3 (Mr. Andrews). . . . . ~ 7 t , ~ ~ ! i I , . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~~"i Fc;r:L.tJ E ~ --- NAME 4110 \~ee Fe: ~tJ Dil. ~3~_______ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 2.100 1<A66,T ~u.øWW' LL D. ß. 3a4-~- PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP _4e;g 280' -.4"" ZOtXJ HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~~ - LIST ALL CITY BOARDS ON WHICH ~U ARE CURRENrLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) c..11 S~.. eo"",..,.", c...rJ..ð. 11.4- Iq~, EDUCATIONAL QUALIFICATIONS ftc.a+ ~I\ ~L - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. e G~ At) 1,."-'4-3.__ ------ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION F"~ CoJUS~ XAJ(.. ---------- DESCRIBE EXPERIENCES, ~IL~~N~EDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 3J1~ft '1"" .... ";; 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. t-/7--n DATE . . , f . ~ . f , ~ ~ Feiner Construction, Inc. 2100 Rabbit Hollowe Circle Delrav Beach. Florida 33445 (305) 496-2000 A BRIEF HISTORY Over the last 40 years, FeIner Construction has evolved fro. a crew of hP-8VY steel workers to a .ulti .illion dollar company dcY~!.oping, io ['~cent year!';. ~uch diverse ~rojecls as a large medical office complex, a trade alld business school, residential co..unities consisting of hundreds of ho.es and dozens of luxury custom-built homes. During one ten-year period, we even merged into a .ini- cong10.erate, developing roughly $180 million in co.mercial buildings. Through it all, FeIner Construction has prided itself on superior workmanship and a well-earned reputation for excellence as both a builder and manager of co.mercial and residential properties. Our story began during the construction boo. years that followed World War II, when, as sub-contractors, we fabricated and erected structural steel for large co..ercial developers jn th~ Chicagoland area. We Wf!nt on to become general contract- ors on comm~rcial Aad l,..dustrial projects--finally officially forlling 'FeIner Construction, Inc. , in 1957. About that ti.e, we developed our first residential community of 192 single-fa.ily duplexes, along with several c~~to~-built ho~es in the northw2ct 3uburbs of C...! c:ago. We alGo built, owned and managed 464 apartments called Lamplighter Gardens in Wheeling, Illinois. It represented our first expansion into property management. In 1966. FeIner Construction helped pioneer the Planned Unit Development (PUD) concept in Illinois when we became one of the State's first general contractors to receive FHA approval to develop one-- named Robinwoods West. The community consisted of 500 homes, along with a huge clubhouse, swimming pools and playgrounds. It remains today a model PUD community in Illinois. . . t '. . r t ; ò ~ . ¡ ,. ~ . .In Northwest Chicago, We built five IS-story apartment buildings in the early 1970s--called Lampligbter Towers Apartments. Again, we also owned and managed tbe property. When FeIner Construction joined Di-Com Corporation in 1968, we became part of a mini-conglomerate development operation that built approximately $180 million in commercial buildings over that next decade. Most of those developments we retained for our own portfolio. During the 1970s, my son, Barry FeIner was Projects Manager for Rolls Construction in Illinois where his scope of work was new construction of and remodeling of interior mall space. Barry excelled in finishing each project on time, on budget, and with a minimum, or no, punch list. Among his projects were upgrade reataurallt::t, McDontslds, Radlü Shack stores, Optical shop&, tJhoc stores, toy stores, and ready-to-wear shops. Barry has constructed mall space in Illinois, Indiana and Wiaconsin and brings to Florida experience and knowledge of every phase of mall construction. Barry FeIner also has extensive experience in reaodeling and is presently on the Board of Directors of the "Reaodelers council" for the Florida Atlantic Builders Association. He has remodeled nursing hoaes, office buildings, residences, interior mall spaces and large shopping centers. In 1979 FeIner Construction opened a Florida operation managed by myself, Jay FeIner, and my two sons,Jeff and Barry. Licensed as Florida State Certified General Contractors, our early projects included several joint ventures with developers Richard Siemens and Stanley Katz of Rainberry Developers, I:1c. , one of the most active residential and commercial developers in South Palm Beach County. Our first community--Rainberry Woods of Delray Beach--consisted of building and selling 92 homes. That was followed by Rainberry Woods South(40 homes) and Rainberry Bay (approximately 400 homes). We also constructed a three story medical office building within the $70 million Delray Community Medical Center campus in Delray Beach. Recently completed projects involved a comprehensive re- modeling of 3-15,000 square foot buildings converted into a trade and business schools for the United Business Institute and buildin~ hoaes in Pheasant Walk, located in Boca Raton, and Vernon Heights, located in Lake Worth. Presently, FeIner Construction is developing Rabbit Rollowe, a 19-acre coa.unity planned for 35 Custom-built homes located in South Delray Beach. , . ~ ~ , . f , ~ -: .~ r ,,,2 '_' ( ( - I CITY COMHI' LON CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Samuel M. DeOto NAME 518 Rye Lane, Delray Beach, FL 33444 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 330-A N.E. 4th Street, Delray Beach, FL 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP . - 276-6899 276-5407 -- HOHE PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Code Enforcement Board or Pl~~;~~ ~n~ ~nn;~~ Rn~rñ LIST ALL CITY BOARDS ON WHICH Y~U ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Younqstown State University, Youngstown, Ohio Colleqe of Business Administration. 1968 - Cardinal Mooney Hiqh 5chool. 1965 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. State Certified General Contractor - Since 1982 - CGC 023784_ GIVE YOUR PRESENT OR MOST RECENT EMPLOYER AND POSITION DeOto & Associates, , , , Inc. - Owner/ President - DESCRIBE EXPERIENCES, StILLS OR tNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 20 yrs. Construction experience in all phases from Planninq, Development. Management and Construction of a variety of Co~ercial ~nn ~~Q;rlA"~;~l Ð~nj~rrQ. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS 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. February 9, 1988 DATE , . . I f ~ . , ~ SAMUEL M. DeO'l'O BRIEF RESUME Ten (10) years a Resident of Delray Beach at; 518 Rye Lane Moved to Fort Lauderdale in 1968; My Objective is to help serve the Community by Becoming an Active member on City Boards. Married for Sixteen (16) years to Norma R. DeOto Activities of Golf and Fishing Attached Resume of Work History Thank You for your time and Consideration as a Board Member. Samuel M. DeOto -J:,,,u{'/712 13, ~ . . f . . r i , ~ .. ~ 'I , . SAMUEL M. DeOTO 518 Rye Lane Delray Beach, Florida 33444 FLORIDA GENERAL CONTRACTOR (305) 276-6899 WORK HISTORY 1984-1987 President, DeOto & Associates, Inc., Delray Beach, Florida 1983-1984 ~ect Manager, Commercial Center Development orporation, Boca Raton, Florida Construction manager of seven (7) shopping center developments from permitting thru tenant occupancy 1981-1983 Del Mar Shopping Village, l40,500 8.£.,$4.5 million Sea Gate Beach Club, Renovation, $1.3 million 1980-1981 ~ect Manager, Meadowbrook Lakes, Inc., OWner / Developer, Dania, Florida Meadowbrook Square Shopping Center, 100,000 s.f., $4.0 million 1978-1980 ~ect Superintendent, Gene A. Bernard & Associates, nc., General Contractors, Lake Park, Florida The Arbor Shopping Center, 75,000 s.f., $1. 8 million Trail Plaza Shopping Center, 50,000 s.f., $1.0 million Private Re.idence, 3,000 s.f. 1976-1978 Delray Medical Center, 30,000 s.f., $1.0 million John U. Lloyd State Park, Dania, Florida, $1.0 million 1968-1976 Journe~an Carpenter and Layout Man, Numerous commer- cial, ndustrial, and residential projects throughout Broward and Palm Beach Counties. EDUCATION Youngstown State University, Youngstown, Ohio College of Business Administration, 1968 . I . f . ~ ; ; ~ L,6.W t"'\!I:"'~lr~c:. - ~, 16~ r~·t'-it. . A " OCrA #~~:G::'..~":;; jè3~. . ~", , ':. . , - t7 I [ITY DF DELAAY BEAEH ._,~.:t.fJ!ff< . CITY AnORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/243· 7090 TELECOPlER 407/2784755 L1EMO~AN!)~ .....~ " 1990 (RECEIVED ~at.e; 'toIarch 23, , VAR 2 9 90 Tc:·:- c; ty Commissi::..n Assistar.t C~ty Attorney COMM. SVCS. GROUP Fror:~ : Susan À. R~by, - 5-y,bj~ct: De:ray Beach Franchise Transfer/National Cable/Per!orrnance Bond or Letter of Credit The City Commission adopted, a resolution transferring.the,cable television franchise- originally owned in the name, of National Cable to National Cable Limited by Resolutio~No. 78-89. That resolution' also. called, for, in. Section. 5, "'a performance~ bond in the amount prescribed, by' the Code of, Ordinances of the City of Delray Beach" Florida". Attached, hereto is a letter from Fredric,E. Epstien, attorney for National Cable· Limited, requesting that National. be permittèa"-to furnish this security by way of a clean irrevo- cable letter of credit issued by a bank in Palm Beach County, Florida in the amount of $75,000. The City's Code of Ordinances Sectio~ 93.06 permits cable television. grantees to provide. the City with a performance bond or a irrevocable letter of credit issued· by a bank in Palm Beach County in the amount of $75,000 upon approval of the City Commission. The ordinance also requires, approval of the City Commission of the certificate of insurance. Thus, our office is requesting that this matter be placed on an upcoming City Commission', agenda for approval of acceptance, of a letter of credit instead of a performance bond, in the amount of $75,000. If the Commission. approves in concept the substi- tution of an irrevocable letter of credit for the. security instead of a performance bond, then at a later time, when our office receives· the letter of credit and certificate of insurance, our office will place before the, City Commission for formal approval; the irrevocable letter of credit and the certificate of insurance. ~ Attachment cc: Malcolm T. Bird, Interim City Manager u_ \ Robert A. Barcinski, Assistant City Manager .-, Fredric E. Epstien, Esq-. . , I ~ . , ," ~ . Susan Ruby, Esquire March 14, 1990 Page 2 After you have had a chance to review this matter, please get back to me so we can attempt to conclude it as soon as possible. FEE/mch cc: Geoffrey C. Gill ---- . . , ". . r , : t ~ 1 . ~' i C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~YL LEVERETT, ADMINISTRATIVE ASSISTANT III ~~J kv~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL ll, 1990 CONSIDERATION OF A SITE PLAN FOR A PORTION OF DELRAY PARK OF COMMERCE -- TRACT E, SERVICE/INDUSTRIAL SITE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan. The site is known as Tract E, within the Delray Park of Commerce. The park is located at the northeast corner of Lake Ida Road and Congress Avenue. BACKGROUND: This site was formerly proposed for an 81,505 sq. ft. industrial / development facility. However, with changing economic conditions the ownership of the Park has changed and the new owner of this site is proposing use of the site in a manner consistent with the Master Plan of the Park. The site plan depicts 35,887 sq. ft. in three structures. It is intended that the site (2.95 acres) later be subdivided to two ownerships. It is proposed that construction begin on Building A as soon as possible. The Planning and Zoning staff report is provided in the City Manager's Office. It provides a complete project description and an analysis of the proposal. The C.A.B. has reviewed the project with final action scheduled for April ll, 1990. PLANNING AND ZONING BOARD CONSIDERATION: The staff recommendation set for in the March 19th report to the Planning and Zoning Board was for denial. After the applicant capitulated on items of importance at that meeting, the item was continued to Thursday, March 22nd, at which time revised plans were reviewed. At that time the Board, on a vote of 4-2 (Pur do and Schnieder dissenting), the site plan was forwarded with a recommendation of approval subject to technical review for code compliance and a recommendation that a wavier be granted (l59.30) to delete the requirement for perimeter landscaping along the future common boundary which will run through a driveway aisle. Revised plans were submitted and have had a technical review. Attached is Staff Memorandum which sets forth the status of that technical review. RECOMMENDED ACTION: By motion, approval of the site plan for Tract E, Delray Park of Commerce based upon the findings of the Planning and Zoning Board and subject to conditions as recommended by the Board. 20 To: Cheryl Leverett Re: Delray Park of Commerce - Tract E Page 2 Attachments: * Cover sheet from the P&Z Staff Report of March 19th * Reductions of site plan (latest revision) * Dorlings memo of April 3, 1990 to the Director of Planning & Zonning DJK/#61/CCE.TXT . . )LI-if\Jf\J 1 f\JG' 8. ZON 1 f"-lG t':)Uf-1f~U _ __ STAFF REPORT _ _ _ ~ I TY OF OELRAY BEACH MEGT rNG o::rrE: MARClI Ie¡, lQqO AG8'm ITEM: IV.A. ,CONSIDERATION OF A MODIFICATION TO THE MASTER SITE PLAN FOR THE DELRAY PARK OF IT~s COMMERCE, A SITE SPECIFIC SITE PLAN. AND A PLAT ALL WITH RESPECT TO TRACK E. ~ 11..· ..._ '_ ., ... .~ ~,;éJ(.41 pC; 124 : -':' ~ - -~~~ "".". t." , .' -:.... 'I '2c ';"-- ~.. . -, w . -0 I .. .. -:-a ... . "':'_._ .' :~" . .... . ..~'F. ..,.... ......,. 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" .r., " ------. ~.. .. ,. ...;. -- ..~.". ~ =NERAL DATA: Owner...........................Gerard Arsenault Trustee c/o Hamilton and Associates Agent...........................Gerard Arsenault Location........................Park of Commerce Boulevard within the Delray Park of Commerce at Northeast corner of Lake Ida Road and Congress Avenue. Property Size...................2.95 Acres City Land Use Plan..............Commerce City Zon1nq.....................PCC (Planned Commerce Center) Adjacent Zon1nq.................North, South, and West of the subject property are zoned PCC East is I-95 and Seaboard Coastline Railroad. Existing Land Use...............Vacant Proposed Land Use...............Furniture manufacturing and other light industrial uses. Water Service...................Existing 8" water main · along Commerce Boulevard. Sewer Service...................Existing 8" sanitary sewer ITEM: IV.A. I along Commerce Boulevard. ,~,~, ., .~- '" .. .¡,;¡;; H' ',.', ~ 1" ..-'.- :...~ oS, ...:.,.. :.: ' ....... " '" -.' '... ..', , , ".. . "'4 ' .. ' "':;~7" ~:' ::~ , & !I~:' :::r·K ;.:;::: ~:~~;: ~. :f.~ :1: ~ . I ~ iii k I ----- .~." - ----------- III ìu" J, - -_ _ ., w.· - ------,--, ' :,~ - ( ~ 5 ~ i! 'Ii =: t Ii , --, I t ~ SIiI ~i? I I' I -- -- '-- _ I; I ~ ~ØI ,I !' t!U I -, ;; 1.;¡ .. I -- . ............... \ . , '--'-l -.. . --.-...... -. -... .---- j -. -. -- ...- ..... .. --.-....-- -- -- - ----:-------------~~~- -- -"'--'-.. ; -- -- -- -- -- -- -- -- : ---.............. -.,........ I --............ ." W I ........, .......... I ..._ .... I -"-_ .. .....,.. ~ I ......... ......... ....... ........ ,~ I ............. .............. ,'. ~ ,,-................ -......~ . I I, ...... ""-_ -- t"--.-...-_, . I ........... -_...._ I I. --___ .--.-_.__.__ . ~ . ~ ---- -- -- -- -- -- -- . I I.. ---.. I . I ~ ---____ ~ I I --------------___ , " . I I I of / 1. ~ ! 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I") g , , ---- -- _J__ _ _ _ __u.. _ __ _ __~_ __JI1--t-'- ._LJ.l_Ll~lL-r_- _lL____.il : ..I " ' 4' »:)10$ . ...... ,_.' ..,. .. , .~.. . : I ¡ .. · -, ~ -1 1 I :; ./ If' ~. "n~., ..~, ~ _ ~ g. .... .......... ~' ~_~_UjJ LIJ[- JJJJJJ_ JJ_I~ JJJJ_ JJJJJ_~--: I I' .. .. I · : I.:; . ¡¡ ~ . -- --,-.,.- -- -- --,-_._-'.. '--'··'--'--'·_'-·'-"'··'--'--''''''-·'--'1-'··'·_'-·'-..--.--.-- --,--,_.,--,-_._-,--,-- - ) . I Ii ¡ ~ . . , ..."" , ""'J i '. ~ . ~ , ~"'" , .. .. . '.' , ~~ -. . :....~.., .. .. 'tf" U~'.' : ~ . >:;~:.: '~"" ". 1 "."/' '" .:::.,." '.':>:.::.." ......... ..... t ,.. ., '4 .t."'~.ltj....~ ... .. ' ',:V: ,~~ :;:~ -; , ::::~~. :::~:: ,', .~ ·1 , , M E M 0 RAN DUM TO: David J. Kovacs, Director Department of Planning and Zoning FROM: PAUL DORLING, PLANNER I~~~ DATE: APRIL 3, 1990 RE: TRACT E With respect to the revised site plan submittal (sheet 1) presented to the Planning and Zoning Board on March 22, 1990 the following deficiencies exist: 1. Terminal islands are required to be a minimum of 5' in width pursuant to Section 173.772 (D)(4). The island proposed at the southeast corner of Building B is only 4' in width. 2. "Access" at the southeast corner of the site is misspelled. 3 . The FPL poles at the southeast and northeast corners of the site may have to be moved to accommodate a full 24' accessway required pursuant to Section 102.22. If moving the poles is prohibited by FPL then a waiver via from Section 102.22 is required. This is an outstanding item which will be resolved with the plat currently under review. 4. Revise parking figure to reflect new square footage, 35,887 vs. 35,960. S. Permission must be provided for plantings proposed within the utility easement along Park of Commerce Blvd., drainage easement(southwelt oorne~and the FPL easement along the east border of the site. 6. The proposed on site fire hydrants must be relocated to the end of the landscape islands to avoid conflicts with landscape material. 7. Provide engineering plans on how the lake in the drainage retention tract will be redesigned. 8. Provide typical dumpster detail 9. Some of the remaining plan sheets have not been revised to correspond to the site plan. The fallowing changes need to be made. Sheet 2 (Paving, Drainage, Etc.) * elimination of secondary access point . * provision of cross access points ;::i~ ~' ï ,. ~:;:' ''w: ~ : :;~:.: .~:.. ,I ...~.' .~~.:. '. ........ ~... , ..... '. . .,t.,. . " " . J.......'j.- .....~ " ....,. l ; ':I~ . .:~;':' ,'.",', I .:..,: ....... ::::¡~ ::;~:: ,~.. I ' . , .' To: TAC Members Re: Tract E Page 1. O. 1 * revision to parking areas and sidewalk widths * elimination of parking spaces shown along the south border of Building B * reorient dumpster location east of Building C Sheet 3 (landscaping) * Eliminate four spaces shown south of Building B. * Reorient dumpster east of building C. * Relocate trees which are proposed at the cross access points. * Landscape island width at the southeast corner of Building B, does not correspond with the site plan. Sheet 9 Remove column from north, east and west elevations for Building C. PD/dlm PD/#29/TRACTE.TXT . , :~ ',- ... .. .. ~~:' 'I:: I :t~" . '.:': . ::-:) .:";1,'; ...,~~~~f:~.' ".-. . .,.... ~. ":'4 ' .f ' ""., ~' ::.~,; " ,;¡.;,: ~ .::. I :;;~:: ,. ., t ~. ".'>. :~~ ; " I C I T Y COM MIS S ION DOC U MEN TAT ION TO:,ÇHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III (/ \ ,-,~J~~~ FROM: DÂVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL ll, 1990 CONSIDERATION OF A SITE PLAN FOR A PORTION OF LINTON RETAIL CENTER TO ACCOMMODATE CIRCUIT CITY AND OTHERS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan. The site is located between I-95 and the Target portion of the overall center i.e. south of Linton Boulevard across from Wallace Ford. BACKGROUND: This site was formerly proposed for an 80,000 sq.ft. office building. However, with changing economic conditions the owner is proposing use of the site in a manner complimenting the recently approved shopping center to the east (Target plus others) . The site plan depicts 3l,767 sq. ft. for the major tenant (Circuit City), l2,525 sq. ft. of supporting retail, and 6,000 to 7,000 sq. ft. in a free-standing structure which may be either a retail establishment or a restaurant. The Planning and Zoning staff report is provided in the City Manager's Office. It provides a complete project description and an analysis of the proposal. The C.A.B. has reviewed the project with final action scheduled for April 11, 1990. PLANNING AND ZONING BOARD CONSIDERATION: After initial rejection by the Planning and Zoning Board and then seeking a yard variance from the Board of Adjustment to allow for better site design, the site plan was recommended for approval, subject to conditions, by the Board on April 2nd. The Board's recommendation was on a 4-2-l vote (Klarer, Parker, Schmidt, Bridges for; Coopersmith and Purdo against; Schneider abstaining) . The conditions of approval were as stated in the Board's staff report with the following modifications: #2 modified to read: That the entranceway be modified per the exhibit presented at the Planning and Zoning Board meeting of April 2, 1990. #9 an added condition, to wit: That the four foot ( 4 ' ) gained from reduction of the width of the driveway aisle in front of the main structure be incorporated with the walkway or landscape area by the structures, provided that the driveway aisle does not become placed out of alignment in so doing. ~ \ To: Cheryl Leverett Re: Ciruit City Page 2 RECOMMENDED ACTION: By motion, approval of the site plan for Linton Retail Center, Part II (Circuit City) based upon the findings of the Planning and Zoning Board and subject to conditions as recommended by the Board. Attachments: * Cover sheet from the P&Z Staff Report of April 2nd * Reductions of site plan * Alternative entry and associated parking design DJK/#60/CCCCITY.TXT :- Ll ~ '-JI'~ 1 í\1L) 8- ZU' lí'-Jb ûUI-,HU STAFF REPORT --- - - - CITY OF OELRAY BEACH MEETING o:rrE: April 2. 1990 AGe.Œ I1EM: Item B rlr~: Consideration of the Site and Development Plan for the Proposed Circuit City Complex · · · ; , . ! . " III 't) ~ ~&ACEL . I ¡ , .. . ,.., . ,ENERFL DATA: OWDer...........................Del ,.¡. J01Dt Veatur. AgeDt..... . . . . . . . . . . . . . . . . . . . . . . 'I'CII MclCuJ:'ra1D·- '. .. ' Del '.la JoiDt Veatur. LocatiOD........................South...t COrDer of Linton Blvd. .nd 1-95 .arc.l .1&......................5.65 Acr.. C1ty LaD4 u.. .1an..............Gen.r.l eo..erc1.1 . Zon1119 De.1pat1on............. .CC (C~ty C~rci.l) Adjacent Zonin9..~..............North of the SUbject property is zoned SC (Speci.lized Connercial) . South i. zoned SAD (Special Activiti.. District). East i. zoned GC (Gen.ral Commercial) and W..t i. 1-95. \ . Exist1n9 Lan4 u.................Vacant Land 'ropo.ed Land U.................31.767 .q.ft. Circuit City. 12,525 sq.ft. of oth.r r.tail spac., and a 6,000 .q.ft. re.t.urant or a 7.000 .q. ft. r.ta1l outparc.l Þuildin9. Water S.rvic.....................ropo.ed v1a connection to the 16" wat.r tr.n8ll1.sion main within Wat.rford 'lac. an4 which traverse. the .Ubj.ct property. ~ Sewer Service...................proposed via connection to the 8" sewer ma1n loc.ted within Waterford Pl.ce. ~ ..' ~; .. '~" ~.., ~ .. .. "~?~' '~ ,I .,1." ~ .. ,~:, ,.:":~'; ", . ,t.·.. ~ . .J.~.~~~~':'~.' .... ,;.'4 .. ," .. , ',' ,'..~. ".,. ,'.'. -:V' '¥!:, ",'., " ,. I :::.K' :::l ::}:: " 'ã; .. .; to'~ :1=~' I . . , . ",',' ----- - - - - - - - 0 - - :~ - , - I - - ~... - ~o - - i ~ . I , - ~.. ~ 't\ ~ ii,l~ c~ '-~ ~~ ~ ~r- ~ iJ ',~~ I ~ ,. I If IIJI" III!:;' +- I I , f' -+ 1 !'I ~ ' --='~"."', .....-.........------- " .' ~ I",fllllP ,,,,,tfI. I". __ ._~.'1' __ "i"i 'I ,~ ~ I ' ¡ I J~ !! ~ ~!:J iiI ~ l j ~ - I I iê ~ ~? c__"' ~- ~ i ~- I ). - !!~; t r ~ ~ c' ~ ; d] -- Ulrl·:~ ~iI~ ---, ( :~* is''~~~ ; if JI~ :t :..'....huu ~: .. .. ::::::: .. .~. ." ".f.. : ::.:~. I ·:~í,: ~ 't',-, .. "" t,' . .. ,.. . . . "'"4 ' . ..:.:::.~.:.~. I "". ::i.:: ;.... .... .~., .. " ' :;~:.:' .~:;. ,., I -x, :::::~: , '.:> .:.:.:. .., ., ·~7 Ú i . " f:' \J , "'''' Ul\\l ~~ ~~ '-l\'J\ J'"~ ~~ ~ r- ï \U I\\! ~2: . "'\\1. , ~I <f~ ~'l\ - ~.J) --- - ~-:x: Q\- .3 ... - I I C I T Y COM MIS S ION DOC U MEN TAT ION TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III c;:ja.r:j \ U_ U ~J" ..I . FROM: DAVID J.~O~CS~ú!RECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL ll, 1990 CONSIDERATION OF THE FINAL PLAT FOR THE PROPOSED WALMART DEVELOPMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a final plat (subdivision). The associated project is the proposed WALMART and two outparcel developments. The site is located on the west side of Military Trail immediately south of "The Promenade" Center. BACKGROUND: This site was annexed last year. Subsequently a site and development plan was processed with City Commission approval granted on September 26, 1989. Significant aspects of the development include a 114,760 sq. ft. retail store with garden center; a 20,000 sq. ft. expansion area; two outparcels targeted for a bank and a restaurant. Outstanding items re access and utilities: There are three problems which affect services to this site. They involve access to the north, water system access, and sewer system access. With respect to access to the north, the site plan shows connections to the internal circulation system with The Promenade. An agreement between this property and previous owners of The Promenade exists but it had not been recorded. The legal status of this agreement is still under scrutiny. A recorded agreement is required. With respect to access to water and sewer services, these facilities exist (as public facilities) on adjacent property. It is necessary to negotiate access (easements) to those facilities. The efforts of WALMART to do so has been fruitless. Thus, they have requested that the City intervene. Presently, the City Attorney's Office is verifying the situation and, if necessary, will participate in securing the right of access. Actions pertaining to that situation may occur on the Commission's next agenda. Please refer to attached correspondence with respect to this matter. In the meanwhile, it is felt appropriate to proceed with the final plat; thus, allowing the development project to proceed. It is anticipated that by the time connections are necessary, the appropriate actions will have occurred to have access. The Planning and Zoning staff report is provided in the City Manager's Office. It provides a complete project description and an analysis of the proposal. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board viewed the final plat on January 22, 1990, and certified it as consistent with the site plan and ø7~ To: Cheryl Leverett Re: WALMART - FINAL PLAT Page 2 preliminary plat. At that time the above matters plus others were identified as needing to be addressed prior to City Commission consideration. The other items have been addressed. The time necessary to conclude actions pertaining to easement issues will be quite untimely for the project's development; thus, the final plat is now before the City Commission. RECOMMENDED ACTION: By motion, approval of the,final plat for the WALMART subdivision with the requirement that the City obtains a financial guarantee for the obtaining of easements and installation of improvements prior to execution of the plat document. Attachments: * Cover sheet from the P&Z Staff Report of January 22nd * Reductions of site plan and plat * Kovacs memo of April 1, 1990 to the City Attorney with its attachments DJK/#60/CCMART.TXT + f:J P f' fø-o PLANN;ING 8, ZONING BOARD STAFF REPORT --- - - - CITY OF OELRAY BEACH _MeeTING O;Te: JANUARY 22, 1990 AG~ ITEM: IV.A. I TEM S FINAL PLAT, WAL-MART LINTON 8L YO '. .., ~ ~,\\.\ 1\.~~ ~ ~~ ~¡-~.... . ~\~ <;~ . . ® \ r:hNERAL DATA: Owner....................D.vid Cord.ahti, President .. Sabra Development Corpor.tion, Gener.l P.rtner Aqent....................Mlch.el B. Schorah' Associates, Inc. Location.................We.t side of Military Tr.il approximately 670 feet .outh of Linton Boulevard. Property Size............14.2 Acres City Land Use Plan.......Gener.l Commercial Existinq Zoninq..........GC (General Commerci.l) Adjacent Zoninq..........North of the .uÞject property is zoned county CO (General COIIIIIercial). South is aoned county as ISin91e-ramily ~ aea14ent 1& 1 ) . last of the suÞject property is loned City MOl (Medical Office .nd Institution.l District) .nd . pee IP1.nned Office Center). West is zoned County CS. Existinq Land Use........Vac.nt l.nd, except for. frame structure which will be removed. Proposed Land Use........114,760 sq.ft. Wal-Mart store and two ~ out p.rcels of .8 acres each. Water Service............Existinq 8" and 10" lines located north and west of the subject property in the Linton promen.de and Delray Medical Center. respectively. An existinq 12" main is located on the east side of - Military Trail. Sewer Service. ...........Existinq 12" mains located north and west of the subject property in the Linton Promenade and Delray Medical Center, respectively, existinq lift st.tion to the w..t and an existinq force main located on the west si4. of rTI!MI~~ Mil1tary Trail. :~~,. . j, , ',',', f' .....:,:-: ""':;:'~'....' ... .. v' ·"4 ,"'. ,;;,. ,'.t, ; i:': ...... ,~., , .. " o.l· , " :::r-~: '. ',:-:.~ . ',:?:: ~. .~~ .. :~:: ~ .:~" I ~ z I I. ....,.. 'I. . --- ::J-- .- .----.. L - '1 ----- \ ( (608 ·~'S) 1'Y& .ulW.Ln," I. i JI .. .--.-... " I . "".. , ~ tl \ - c - I - - ¡ - _.. I . - ,.- -;¡¡- . ,.. I 1:: , r- J~ ¡ ! , I ~ .1. t -- I .., J I I . I ~ , I. ~ , ), .\ .. - . ... ,'. . - -..', ._, . .>:...:::;'.'. . 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'e '~ :-... ~I ,~. wJf ~ ~ r '': ~ · "'r I " :.;1 If I ... t 41ft ,. ,) I ,q ': ).; i :4 : : I: i , . · , It ' .E ~ ~ " ,J, ,.1'"" II ' ..,.,,',,-., , , t " -:- õ~"-T - -- --~ "';~"""'."''''''.~:f.''.f''.......----..~-Jf...\I-;é.~...~ -,-p- -""p-~...,,.~-....... ""~---~r~' 3 .1 10'-"·1/-' U,)O".. -. ':- , , . ..,.' - . '-.11 _ r U,.~ -", ,_ \'.(. I.'M ~I¡ ,...' ....', . I · '\.. --______.___. å1:~." -. ,',' ..........._...,.._,.,..,......t 6 ' -·11 ¡.. ( )QtU )J'( ,9)00' "'1i~.,JØ'I' = "''-'1 ,---- 1Q'-lr¡r-1 T'li:"'---,' -~ . \Ol-U·P·': "1 "2 '. ,j - .' ' - 'I; 'I _.' I / ' ~:' ': 'I~f' 1 .f. . , õ~','l/:2\å 1 I 1 "'¡ \' ": J . ':-.; ·a~'.. 1 :: 8 ' " . .. ": .~ - ~ I '" " ¡' ,.... "I~' 1'1 i '" "" = þ tr .. ~ · ,.. i = ». · :u f 81=.; I: .; ; :.Ð"'; ~~ q n .:: 1, . (1'1 a: (') c o~ " I ~ Q ...- ...1 -. q ,.". ': ~ ~ t I~ I;: S q rT'\ " . r- ':'" I :: ~ ~ 1-.. I~ .. · ¡- " - , _ ..; _ /, .;..; Iif "! ; 1':- - - ¡ S '1 ~ I'"' J "!of ": I ... . ~ ã: = . . . .... ,.. ... I I, . ~ . g n"8 " ~ ! ¥ I I" g CI2 · : :·t'I.",,-! I:: .- ~ t'~"~'" ", 5 t__, I I \.1 ':: 1 ," '.If,. 1.'Gf(T ,,"'UIIII(Jo(1 P(ft_ \00'"01 01·. I' 00' '..r---.l-___"_t=:__ .c_--::-O.:.~·_!·OI. a, I)U '-_____._ -.~ '~!,,,, I .. .-1·',) I ~'!.20' _._ ,,_______. ..__. .._ J~!_.!....~SO~·II:P"(.~9}9Q·",,_ .___ 'I _ .~ . " . " ~ f -. I' ... 411t~' .. :,.." ...... ......... '.kl" .... "-J" . ! CII ... - z. \' MIL I TAR Y T R A I L (S. R. 809) . ,"" ' .. , . ~ '~' ',' .,-,', ,HÌl~: :.:,." :''f' ~ :'~:.: '.::: : :K, ".~,,-:~,: , . ".. " ." "'. t..,' . .... "..,j . .... ' Jtt.·~t~··· ,.. .< t,::. ':!i:' .". '~~t~" '«. .:., ~ ~~: ::':;~. .. ?:: .. ~ :i~ I PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: RB THIELE, CITY ATTORNEY '~ L~ ~ .~ , .~. .....u.ð FROM: . D J. OVACS,~ECTOR DEPARTMENT OF PLANNING AND ZONING DATE: APRIL 1, 1990 SUBJECT: OFF-SITE EASEMENTS RE WALMART WATER AND SEWER As you may recall, the WALMART project requires off-site easements in order to connect to municipal water and sewer facilities which are loca ted on adjacent property. Previously, through the City Manager's Office, a commitment was made that the City would intervene if private attempts proved fruitless. Attached is correspondence from the project's representative in which he claims that such is the case and he is seeking intervention by the City. I suggest that the following procedure be followed: l. Immediate contact from the City Attorney's Office to the owners of the Promenaåe property anå to Community Hospital to inform them of the City'. involvement and to ascertain if a quick resolve can be made prior to formally proceeding with condemnation. 2. That the City Attorney's Office enter into an agreement with WALMART's representatives to the effect that they (WALMART) shall provide full costs and shall prepare all documents (review and approval by the City Attorney) regarding condemnation proceedings. 3. That the appropriate filing be made to obtain immediate right of access to the lift station (Community Hospital property) and to the water main (Promenade property) so that sewer and water connections can be made. f' 4. Completion of condemnation under the auspices of the City Attorney's Office. In that this is legal matter, it is thought that it be handled by your office; however, we stand ready to provide whatever assistance you need. Please keep us informed of the status of the proceedings. ~ .. ~: ;:f:~t " ~~: ,~, I . :. ~. . . ':-:-. .:":~': . ..:.::~':':.' .... . "',' " -, ';'4 . ..' .,.,..... .~. ;;'. . ';~;-:. , .:., ,', :::::~: '..,'~ " ?~:: .. .. .. .. ~- , .. :Ü .. ~.' .. ¡ , , . .: To: Herb Thiele, City Attorney Re: Off-Site Easements Re Walmart Water and Sewer April 2, 1990 Page 2 In a related matter, WALMART has concluded all other aspects necessary to have its final plat presented to the City commission. It is scheduled for action on April 11th. In that we are to proceed with condemnation, I believe it is appropriate to proceed with the plat provided that (a) we have the financial guarantee for installation of improvements; and, (b) you are satisfied with the above approach in obtaining access to existing utilities. DJK/cm c: Wm. Greenwood, Director of Utilities Susan RUby, Assistant City Attorney Frederick Roth, Project Representation Robert A. Barcinski, Acting City,Manager Gates Castle, City Engineer WALMART Final Plat Project File . :=$~ ~' ,:.y" .. ..... 'fI :~~,. :. I "::.:.'. " .~.' -:~-: ," ..,~:;:~~.:.~~' ~," . ,. '. .. , ':'"4 . ,'10' ~; ....,. . ,;~;.:, í .~., '. J:f " ::} ., .. " ,. ~. ::.:~. I ' , j \, ,-\ 1 -'- .. \ . SUITE 1111 , . lX50 FOREST HIll BlVO MICHAEL B. SCHORAH & ASSOCIATES, INC. WEST PALM BEACH, R J:\4()b ENGINEERS· PLANNERS· DEVELOPMENT CONSULTANTS TELEPHONE (4()7) 'lbK,()OKII March 13, 1990 City of Delray Beach Department of Planning and Zoning 100 N.W. First Avenue Delray Beach, FL 33444 Attn: Mr. David J. Kovacs, Director Re: Wal-Mart Center Off-Site Easements Engineer's Project No. 89-611 Dear Mr. Kovacs: \ As you know we have been attempting, at the City's request, to obtain Utility Easements from the adjacent property owner's covering existing City utility lines and future lines to be installed with our project. Pursuant to this we prepared legal descriptions, easement deeds and sketches showing these proposed easements. This documentation was submitted to the property owner's affected and several follow-up telephone calls were made. At the present time the owners of Linton Promenade are still reviewing the documents and the owners of the Delray Community Hospital have declined to sign the easement deed (see attached letters). Based on our previous discussions and correspondence, we feel that we have reached an impasse with these owners and that they would respond more positively to the City of Delray Bcach that they have to our office acting as a third ~arty in this process. We are requesting that the City now become involved in obtain- ing these easements in accordance with the original water and sewer agreements (reference our letters dated September 25, 1989 and December 19, 1989 to Mr. Herb Thiele, City Attorney V and the agreements noted therein) and as we previously had discussed in your office. Our·~o~,fice would like for you to set up a meeting, at your earliest convenience, with the City Attorney, Utilities Department, yourself and our representa- tive to discuss the status of this issue. Additionally we are requesting that you allow the plat for the Wal-Mart proj7ct to proceed to City Council approval without a final resolu this item, again as we previously discussed. (continued) UAR 1 3 90 . PLANNING & ZON'NG CIVIL, · STRUCTURAL, . ORAINAGE . HIGHWAYS · WATER Be SEWER. S ,~ ':':". ::.~~ ., ¡j ..t;~ '~:~ I .'." ;'~'.:~,: ',' ".:.~3:1t:.;. t .... . -"",' " ,q . -, ...... l ~~:~' .; ';·V' I .;. '( :::::~ :::~:: " r ., . '.. ~. I .. , , .. .. M/CHt\LI. Ii SUj()R^H _>I,; ASSOUt\TI:S, I:-':C. City of Delray March 13, 1990 Pòge 2 Please contact me after reviewing this information so that we CZ1n further discuss this item. Very truly yours, Ot:deriCk Roth. !~A FR/jak cc: Ms. Debbie Hodges, Wal-Mart Stores, Inc. . ~.. ::$:: ,. ,. '~ '. ....,'.. . :r: ::>:~ tI .~.~.' ::i,.: . .,t,_,' ,0 . ~ ~ . "';'~~~·ò~· ~.. ·'··4 .' ,,' ",_.. t. ~:: ,',to" . ':~:':' .~,' ,', I .':::;~' :;;~:: .. .. .. ~. :~~ I ' , , ~ <~ BUSH REAL E5T.4TL ¡\ t..t'\:"~GEA 1 E," T ~ R:;.: E$:ï~.:-I.~.J,~:!;~r-t',r, It" tlt1fO(1 P:~~eroG~ S::JD L.m/lJl'l Si.d, 5;AJ (;,11 Or·;,;]}, 8~.'IC1I, ~'Of/d3 :J3.JS4 14~1) 4*-3111 March 2, 1990 Mr. Frederick Roth, Jr. P.E. Michael B. Schorab & Associates 1850 Forest Hill Boulevard, Suite 101 West Pal. Beach, Fl 33406 Re: Wal.art Easeaent Deed Dear Mr. Roth: Pu r . ua n t t 0 .y conversations with Chris Kady.zewskl, I wanted to ad,I.. you that the draft o t ;t he .....ent deed and related docuaentatlon has be.n lubaUted to the attorney. representinc th. Linton Pro.en.d. tor tbelrrev!ew. They are In toucb with the Cit y of Del.ay Beach rerardlne thai aatter and will be back I with you as soon a. Possible. Should you bave any additional questions, please teel tree to' call on Me. Yours truly, Þßu~,¡.~ eland S. p$~aw RPA Real Estate Kanacer LSU:pl . . '{t.: .. '~' , .. " ::i~ .. .. ::~:.: ~~I : ::;.~. I ,';,'/.' . .' 'f' " .. ,. '.' ,,~,~;:I~.:'~. I '.,. '..',.'4 ' .... , '. ....~ .. ~ ,'.'. ':~:.:' ¥:' .'.,' " I, . ~:::;~'. , , y:: " .' iI:, " I :~~ I . , nATiOnAl. meDICA" eøreRPRISIS.IßC. 1701 ROCKY POINT DRIVE. SUITE 700' TAMPA. FLORIDA 33607 · (813) 28,{)444 O~f"::'~:!~~ 'I: "'" ~, .. ' . . -. MAR 07 '¡990 ~ ' - ." .,..... ~ ". ~ . ~ . " ;)chcšt;;¡ :J. ,.--..;;.~~r;"'¡I_ ,......, March 2, 1990 Mr. Frederick Roth, Jr., P. E ~ ~, Michael B. Schorah & Associates, Inc. Suite 101 1850 Forest Hill Blvd. West Palm Beach, FL 33406 ~: Ðelray Community Hospital Utility Easement Dear Mr. Roth, I I do not agree with the size easement nor design of utilities as presently shown on your utility drawing '3. We will be happy to review other options making your connections along our existing road. Very truly yours, NATION.~ ~ŒDICAL ENTERPRISES, INC. , ~.-_.~.~ Thomas G. Franklin Vice President Construction & Design TGF/rt . .. · ' . .. :~., .., ::. ~ ," " ~~~::. ::1.': ,I : ::~:" .:-:~ . ,~.' .:~.;. . ......... " .,;.~::~~.:.~~' ",". ,.'."4 " ~ .... , .. ,'t," ,",'. . ':V ~:. ...... ,', .. " ........ ¡ I ?:~: ....!;. , .. ::~~:: ., " .. · .:- "';':-. :;:~ 'I · . I I ~~ 0·· .. ";""¡~ i~~¡:~' . fi<~ [ITY OF DELARY HER[N ~1 ^"~f'~ \ \ } . .~ ~ ,;5::' .~>.- ::~':"~":;~;~'~~~~_ , ......r' CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/243-7090 TELECOPIER 407/2784755 ME~0~ANDml Date: Han~h 29 ~ 1990 To; City Commission From~ Susar! A. Ruby, Assistant City Attorney Subject: Storm Water Utility Fee The City? 5 Comprehensive Plan establishes that the financing mechanism for certain storm water and drainage-projects will be through a storm water utility fee to be assessed throughout the City. ~here will very likely be some bonding of these funds. In addition, there, will be interplay between funds from the Decade of Excellence bond issue and the storm water utility fees for some of the projects. The Storm Drainage Utility Fee Study is currently being pursued'by Gee and Jensen. Gee and Jensen are at the point in their study that they' need review of the method and manner of the implementa.tion of the Storm Wat~ Utility Fee System. Our office believes tha.t the experience of bond counsel is required at this time and seeks clarifica.tion and direction as to whether, due to interplay with the Decade of Excellence funds, you deem it appropriate for the firm of Mudge, Rose Guthrie, Alexander and Ferdon, our Decade' of Excellence· band counsel, to commence work on the storm water utility fee matter. Attached hereto is a letter from David Huddles.ton more specifically outlining the interplay between storm water utility fees and the Decade of Excellence Bond funds. By copy of this memorandum to the City Manager, our office requests this matter be placed on the first, avail.a.ble City ~ion agenda. Attachment cc Robert A. Barcinski, Acting City Manager David M. Huddleston, Director of Finance / Gates Castle, City Engineer I Jan Williams, Utility Billing Manager ~ , f ~ . ; , ø13 ~ M E M 0 RAN DUM r._Cf~ ;¡: r ;," '; _. ¡ - ,f'- C-.. '- _ ,-~_ 7(~' , '- ;..: /.... , TO: Susan Ruby l.:, J-, ,- .... ,: "I , Assistant City Attorney FROM: ~ David M. Huddleston Director of Finance SUBJECT: Storm Water Utility Drainage Fee--projects DATE: March 27, 1990 During our meeting with Gee and Jenson regarding the Storm Water Utility Drainage Fee, the subject of potential reimbursement to the General Fund was discussed as it relates to projects included in both the $4.3 Million Note and the Decade of Excellence Bond Issue. Although these projects have been financed through this process, it should be noted that the Comprehensive Plan does provide for reimbursement to the General Fund. It may be advisable to have our Bond Counsel review the appropriateness of this reimbursement methodology. DMH/ sam . . . r , , ~ " , r M E H 0 RAN DUM To: Ci ty Commis sion Thru: Lula Butler, Community Improvement Director ~ From: Nancy Davila, Horticulturist/Special Projects Coordinator Subject: PROPOSED REVISIONS TO "GREENWAY PLAN" FOR WEST ATLANTIC AVENUE - -- Dat e: March 27, 1990 BACKGROUND In September of 1988. the Community Redevelopment Agency Board directed their Executive Director. Bill Finley. to work with City Staff to improve the appearance of the "Gateway" to the Ci ty on West Atlantic Avenue. The aesthetic improvements were to be accomplished by obtaining easements from the owners of vacant lots abutting West Atlantic Avenue between 12th and 8th Avenue just east of 1-95. Through Easement Agreements the City would be able to cordon off the lots with posts and cable to restrict vehicular traffic. Once the traffic was controlled, the City would then irrigate and sod the 10 ts. The Commission approved the "Greenway Plan" as proposed by the CRA on December 20, 1988. Initial contact with property owners was made in April 1989 with very little response. Staff has worked diligently over the past two (2) months to make a personal contact with each owner. As a result. Easement Agreements have been executed for 23 vacant lots. Two (2) property owners have declined participation with the remaining owners having yet to either respond or make a final decision. The original concept envisioned that adjoining lots could be assembled into ten distinc t "parcels". Irrigation and landscaping would be designed for each parcel. Although the costs associated with the improvements of each parcel is directly related to the number of lots assembled, the average cost was $7,600 per parcel. The posts and cable required to cordon off the lots was $2,500 and the big costs associated with the irrigation system were for the well. pump and electrical for $1,800 per parcel. REPORT Several property owners have declined to sign the easement agreement as they think that the post and cable system will be a hazard. and that they would be liable in the event that someone tripped over the cable. The CRA Board recently recommended that the idea of the post and cable be abandoned in favor of a more subtle and aesthetic method of restricting traffic such as providing berming within the first ten feet abutting the right-of-way. 1 ~ ~ . , :l~ ~ Greenway Plan - West Atlantic Avenue March 27, 1990 Page two With respect to the irrigation, the installation of a well and pump for the ten parcels could amount to $18,000. As the City's proposed improvements are viewed as temporary, until such time as the parcels are developed, the use of City water on an interim basis is recommended to not only reduce installation costs, but to avoid future costs that might be associated with vandalism or theft of the pumps. RECOMMENDATION S t af f is recommending Commission approval to grade the lots including the creation of berms along the adjacent rights-of-way. install an irrigation system using City water for each of the parcels. sod with drought tolerant Bahia sod (which would reduce the amount of water used to maintain the gr ass), and to plan t Blae k 01 i ve Trees approxi ma tely 50 feet apart within the first ten feet of the property abutting Atlantic Avenue. Additional costs would be incurred to provide fill for the berms. but $25,000 could be saved by not installing the posts and cables. Eliminating both the wells and the cordoning is projected to save $43,000 based on the original cost estimates provided by Bill Finley. The Commission approved funding in the amount of $110,000 to come from the surplus from the utility tax fund. Funds are currently committed within this fund for the project. WIAtl Disk A:Locs.CC 2 ( , I . ~ . t ~ . ! i I tJO ' I I ~.. " II I \ 1,1' '.' I, \ \"...'. I · - , . . ~ I ,. I, .' 1""'\ '>< :. ' I ~ ~ ro ~...... J ( ~ ... , '\ I ,', ... . ~ I , .1 ~ . (-\J I . · I , L.O . ' - I ..... \ ~ ~ . II , \..) 1>-- "- t;:J () 0 U¡ ... !~ C) \' I' ~ , I · \ ~ ! 1\,1, , - , ~ , f \^ I" (j\ ~ I \ 0 t"t-- ¡ /' \ 0- '" r' : , ,11'1 \ \ .1' J i ~ " e,\ "II. t" . · ' S- I, II I :1 , i. ~ v' - \ ~ 1\ i , 1\ ~ {,.....\ , l'\ i . '\ : '. , " I I , . , , j ¡ i ¡ i t . f f 1 .4 ! ¡ ~ ¡ ~ I t . I .. ~ , ~ , I \ I I I , i I I ! I I I I I i I i t I I I I I I I I I I . , f '. . r t II ~ . ¡ r t 3/26/90 . EXECUTED AGREEMENTS NORTH SIDE Atlantic Pines, Lots 10 & 11, Block 1 Ernest Simon Atlantic Pines, Lots 7 & 8, Block 1 Ernest Simon Atlantic Pines, Lot 2, Block 1 Ernest Simon Atlantic Pines, Lot 1, Block 1 Ernest Simon Whiddens, Lot 6, Block 6 Willie and Mary Bassie Atlantic Pines, Lot 6 & 7, Block 2 Willie and Mary Bassie J.G. Fenno, Lots 10-12, Block 2 East Atlantic Prop, Ltd. (Mike Weiner, Attorney) J.G. Fennos, Lot 13, Block 2 Rudolph and Celestine Cartwright J.G. Fennos, Lot 14, Block 2 Jack Vinik, Jr. ~ I . ~ . i ~ , 3/26/90 EXECUTED AGREEMENTS SOUTH SIDE - Atlantic Gardens, Lots 10 & 11, Block 5 Essa Properties (E. Simon) Belair Heights, Lot A, Block 2 John Andrews Sec 17-46-43, pt of Lot 6, less r/w John Andrews Myricks, Lots 4 & 5 Jack Vinik Myricks, Lot 1 Rudolph and Celestine Cartwright ( I . ~ . i , ~ ~ I 3/26/90 UNEXECUTED AGREEMENTS NORTH SIDE Atlantic Pines, Lots 4 & 5, Block 2 Harry Hagwood (Christine Horn, Attorney) Atlantic Pines, Lots 2 & 3, Block 2 Virginia Thurston (Dec) David Thurston Whiddens, Lot 1, Block 6 Geneva Johnson Sec. 17-46-43 William and Carolyn Young UNEXECUTED AGREEMENTS SOUTH SIDE Atlantic Gardens, Lots 1 & 2, Block 5 Charlotte Knowles Atlantic Gardens, Lots 10 & 11, Block 8 Harry Hagwood (Christine Horn, Attorney) Belair Heights, Lots 1 & 2, Block 1 J.C. and Hildreth J. Williamson (Gregory Dickenson, Attorney) Belair Heights, Lots 5 & 6, Block 1 Ghassan and Olga Kashou Myricks, W 5' of Lot 2 & 3 Ellen Wightman Myricks, Lot 2 less W 5' John S. Meade, Jr. ( , I !' . , "! 3/26/90 WILL NOT EXECUTE AGREEMENT -- NORTH ~ Atlantic Pines, Lot 6, Block 1 Ernest and Bernice Byrd Atlantic Pines, Lot 5, Block 1 Ernest and Bernice Byrd Atlantic Gardens, Lots 6 & 7, Block 8 J.N. Kabler and W.F. Koch, Jr. Atlantic Gardens, Lots 8 & 9, Block 8 J.N. Kabler and W.F. Koch, Jr. , ~ I I ~ . ; ~ ~ . : Board of Count)' Commissioners County Adminis(",~ Jan Winter, Carol J, Umc¡uist. Chairman ~aren T, \larcus, Vice Chair Department of Illc(lI" Carol .-\, Roberts and Public \\<lr" Ron Ho\\ard Carole Phillips :~ arc h 3 0, 1 9 9 0 City of relray Beach 100 N.w. 1st Ave Delray Beach. Fl 33444 AT TN: Jerome Sa~zone Building and Inspection Administr~t0: RE: South County Courthouse Project No. 36238 Dear Mr. Sanzone: Palm Beach County, the owner of this facllity. is requesting a Certificate of Occupancy w:th the following conditions: 1. The specified landscape xaterial ¡ill ~= installed withln thirty :30) days after the current water restrictions have been lifted. Sod will be installed immediately after appro~al of this condition. Reason: The General Contractor and his Landscape Sub-Contractor have informed the owner that they ~ill not guarantee the survi7al of the landscaping planting materials under the current waterinq restrictions. The proJ¿ct is currently ready for the landscape installation. The Owner is cognizant of the ~isible impact of this facility, but. does not wish to arbitrarily expend additional public funds to replace plant ~aterial that very likely will not survi"e under the çurrent wate~ing restrictions, In the event that specified ~aterial is not aV31lable (due to the freeze damage) after the water restrictions ha7~ been lifted. Palm Beach CJunty will be sUbmitting a list of alternate plant material to th~ DGlray Beach Community Appearance Board f)r apprc~al. 2. Close off access to the central lebby stair #5 until completed. Reason: Manufacture and delivery of railing material a~d sc~e marble material, for this stair. is belng delayed. Approvai of this /- .- '- condition will ,3.110w th,:: Ownçr the opportuni ty to begin ,/' .~>~ ~~ni~lQ) ') i~st~llation, of furnishings and other ?wner supplied eqllipme:1t . 0" - - - - _h ; wlthln the flnlShed courtroo:ns and offlce areas. The owner does APR 0 3 ~ ¡ not anticipate occupying the bullding until after final acceptance, ¡ including the final completion of this stair. :::or:' " < "'~~,jï yI ~ 1'1.. 't . '. ... .....- . ',.~~:c ...-:. .,~ rONS «An Equal Opportunity, Affirmative Action Employer" ;'::: BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 I f . '~S ; ~ RE: South County Courthouse Project No. 36238 cont. 3. Temporary railing at the mezzanine lEvel. Reason: Same as ite~ number two i 2) for railing ~aterial. The General Contractors current schedule for completion is July 20, 1990. In respect to the landscaplng, the Owner is prepared to provide the approprlate guarantee, to the City of Del:ay Beach, that the landscape material will be installed. Your assistance in this matter is greatly appreciated. If you require additional information please contact this offlce at 684-4060. cc: John T. Wasukanis, Director Architectural Division Herb Kahlert, County Engineer Tom Wagner, Construçtion Administration Architect Oliver and Glidden Partners Maureen Cullen, Assistant County Attorney Lou McBane, Boose, Casey, Ciklin, Libitz, Martens, McBane and O'Connell, Attorneys at Law ?3ge 1 ~ , I ~ . , ~ M E M 0 RAN DUM To: City Commissioners Via: Malcolm Bird, Interim City Manager From: Nancy Davila, Horticulturist/Special Projects Coordinator Re: PROPOSED LANDSCAPE REVISIONS TO COUNTY COURTHOUSE Date: March 23. 1990 As a point of information, the Architects for the South County Courthouse, Oliver, Glidden & Partners, have requested that the Community Appearance Board consider a request for the substitution of certain plant materials originally specified for the project. The recent freeze and current watering restrictions have prompted their request as several of the materials are not available which would meet Florida No. 1 standards. In reviewing their application. the most impacting substitution would be changing the proposed Royal Palms to Washingtonia fillifera. Oliver & Glidden have requested that the C.A.B. consider their request at the March 28. 1990 meeting. ~ , I ~ . 1 ~ M E M 0 RAN DUM To: City Commissioners From: Lula Butler, Community Improvement Director ~:~ Re: PALM BEACH COUNTY COURTHOUSE - CONDITIONAL CO REQUEST Date: April 5, 1990 Per the attached letter, Palm Beach County has requested that they be allowed to obtain a certificate of occupancy for the Soùth County Courthouse with the three conditions noted. Items # 2 & 3 are technical issues that can be addressed by the City Staff. Item # 1 is a request to be permitted to not install the required landscaping (except sod) un t il after the water restrictions have been lifted. There was some question as to whether South Florida Water Management would give the County an extension beyond the current 30 day waiver of restrictions for the installation of new landscaping. Bruce Adams, with SFWM indicated that such a waiver would not be considered until the end of the 30 day grace period, and that it would have to be well documented that the survival of the landscaping was in jeopardy. Mr. Adams further stated that horticultural practices used during planting and the adherence to Xeriscape principles, such as the use of soil amendments. hydrating polymer gels. and a properly designed irrigation system would be reviewed and weighed heavily in extending the waiver of restrictions. The installation of flood bubblers at the base of the Royal Palms and larger trees should be able to provide all the water that the materials require beyond the initial 30 day watering period. The Community Appearance Board heard a request from the County for a substitution of materials at their March 28. 1990 meeting. It was the consensus of the Board that they did not want to see the Royals changed to Washingtonias since the City had used Royals at the Old School Square and had used them in Phase II of Atlantic Avenue. They felt it was important to maintain continuity. The County mentioned bonding the materials until after the restrictions were lifted and the CAB deferred this issued to the Commission. The CAB also felt that any future request to make a substitution for the Royals would have to be approved by the City Commission as well. The Staff does not support the County's request to delay the installation of the landscaping. The City has moved forward with their own projects such as the expansion of City Hall. the Old School Square and the continuation of the Comprehensive Beautification Plan for Roadways. Watering three days a week after the initial 30 days should be adequate for the survival of the materials. ~ I . I ~ . ; '" MINUTES OF THE COMMUNITY APPEARANCE BOARD MEETING WEDNESDAY. MARCH 28. 1990 AT 7:00 P.M. Members Present Others Present William Wilsher. Chairman Jerome Sanzone. Chief Building Richard Eckerle Official Ann Pearson Robert Kussner. Landscape Jim Smith Inspector Mark Marsh Joyce Desormeau. Sign Admin- istrator Steve Taylor. Planner Paul Dorling. Planner The Chairman called the meeting to order and the recording secretary took the roll. Mr. Smith moved to nominate Mark Marsh for Vice Chairman. Seconded by Mr. Eckerle with the vote as follows: Ann Pearson Yes Richard Eckerle Yes Jim Smith Yes Mark Marsh Yes William Wilsher Yes 4. SOUTH COUNTY COURTHOUSE 4/8/87 200 WEST ATLANTIC AVENUE OLIVER-GLIDDEN & PARTNERS 407-684-6841 LANDSCAPE REVISION Represented by William Wheeler and Joe Elisa. The applicants stated there was a freeze in December and now there are watering restrictions. A substitution of materials was presented since the contractor cannot guarantee the materials will live due to the restrictions and some of the materials may not be available. The applicants would prefer to plant the original materials. It was noted Mrs. Davila would support some of the substitutions. The applicants would want to wait until the watering restrictions are lifted before planting the materials. The applicants are requesting a delay in planting the original material or a use of the substitution materials. Mr. Wilsher cautioned the board in that the palms or larger trees would not be planted until July. Some of the members were concerned in having to grant everyone this option. It was noted. a use permit would need to be obtained from Water Management and the Board did not have control over this. The members felt that 30 days for watering -in was sufficient. It was noted Mrs Davila was not in favör of the landscaping bond. There was discussion of precedent-setting and discussion of tabling the plans. If the original landscaping was delayed. it could be delayed until the middle of summer when the watering restrictions may be lifted and the applicants wanted substitutions since some of the materials may not be available due to the freezing temperatures. Mr. Wilsher stated he could accept all of the . I ~ . , ~ ~ MINUTES: Commun' Appearance Board Heeting March 28, 1990 Page 2 substitutions except for the hedging material. He informed the members the board could rule on the substitutions but not on the delay. The request for the delay would need to, be coordinated with the Building Department and the City Commission. Mr. Sanzone stated the project is a "window" to the city. It the applicant wants a delay, he would need to initiate this request. After discussion. Hr. Eckerle moved to table the plans. Seconded by Mr. Smith. The vote was as follows: Ann Pearson Yes Jim Smith Yes Mark Marsh Yes Richard Eckerle Yes William Wilsher Yes 5. LINTON LAKES II S.W. CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE MINTO BUILDERS/Craig unger LANDSCAPING AND BUILDING ELEVATIONS PRELIMINARY REVIEW With drawn from agenda. 6. DELRAY TOWN CENTER NORTH SIDE OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL ROBERT BASEHART AND URBAN DESIGN STUDIO LANDSCAPING AND BUILDING ELEVATIONS PRELIMINARY REVIEW Represented by Bob Basehart from Urban Design Studio. The plans are for phase 2. There is a lake to be used as a buffer and for drainage. The lake is 277. of the site area. The building is an expanse of the design with tile. There is a duplication of the west and east. The applicants are trying to preserve the natural vegetation. Mr. Basehart stated he would guarantee the architectural treatment around the building. Public Hearing is scheduled for April 16. 1990 and the site plan issue will be discussed in Hay. The prior use was indicated for office and now there is a change to retail. The applicants want approval for the retail store. restaurant and a bank. It was noted by the applicant the landscaping would obscure any activity area in the center and is concealed by a landscaping buffer from the neighbors. Mr. Kussner noted the submission is for phase 2. The lake was in phase #1. he added. and the buffer on the west side has been increased. Live Oaks are proposed along with a continuous hedge. He added the applicants may use some of what was originally proposed. The applicants have added some landscaping at the accent points. Mr. Marsh felt the applicants have responded to the requests of the Board. Mr. ~ I ~ . , '! ~_~_M_Q_B_e_~_Q_U_~ TO: Robert A. Barcinski, Acting City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ ~¿" Manage~ent Services iJr FROM. Ted Glas, Purchasing Director øf DATE: April 3, 1990 SUBJECT. DOCUMENTATION - CITY COMMISSION MEETING - APRIL 11, 1990 - BID AWARD - BID .90-26 §ºEI_UBIM~_~EMUI~G_~~~~¡~~i_~_~~Y~~_ÇgMI8ecI ItR~_a.!Qrc_~1tx_~~~!~.1gD1 City Co~~ission is requested to award contract to Pepsi-Cola Bottling Co~pany for soft drink vending ~achine service in City Building.. and in City Parks at a projected annual revenue of .6,~00. e.;kg.rgYD~!. The City has neM of an annual contract for soft drink vending ~achin.s at twenty (20) locations (City Buildings and Pol rks). So~e of the ~achine.. are used priMarily by City e~ploy.es. Bids for this service were received on March 21, 1990 fro~ one (1) vendor, Pepsi-Cola, all in accordance with City purchasing procedure... (Bid .90-26. DocuMentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The bid fro~ Coca-Cola arrived one hour late and could not be accepted. BCÇQr30itDQAt1gn.1 Staff reco~~ends award of cont ract to Pepsi-Cola Bottling Co~pany, Plan A, at a projected annual revenue of $6500. with the option to invoke Plan B if d.ter~ined app rap riate by City Ad~inistration. ðttAÇbr3e.Dt~1. Tabulation of Bids Me~o fro~ Director of Parks & Recreation pc ..Joe Weldon ~~ . Á e J l A ~ ION C F E I ~ S BID . 90 - 25 SOFT ORIN~ vENDING ~ACHrNES - ANNUÁ~ :CN'FACT "ARC~ 21, 199O VENDOR ?e~s1-Cc1a Pan-A~ Vend-Tronlcs _PRODUCT PRICING______ ------------- ------- ------------------- PL1N A PLAN e SAlE PRICE - CITY EMPLOYEE $,35 / 6.40 CASE $,50 / 12,00 CASE NO BID ~ACHINES 12 ~:, can '2 oz. ca~ - SAlE FPICE - GENERAL PUBliC UO ; UC CASE $,5: ~2,:C CASE MACHINES 12 oz, can 1, a:, can ----------------------- -------- - --- PROJECTED VOLU~E OF SALES 5160 CSIYP IActual cast yr, sa1esl ------ --------------------- COMMISSION RATE PER CASE $3,00 CASE WITw S,~0 VEND, ------- S ':'O::DO -- T _m.¡~__ PROJECTED REVENUE TO CITY ------------------- NAMES OF SOFT DRINKS Pees" CF Peese, Dlet Peesi, Mountsln Dew, Slice, THAT CAN BE PROVIDED Diet Stice, Orange Slice. D1et Orange Slice, A&ï RJC~ Beer, A&W Creat Soda, Dlet A&W Creat Soda, Vernors, Diet Vernors, Velch's Grace, Welch's Strawberry, Seagra~'s Ginger Ale, Seagra,'s Diet Ginger Ale, SeagraM's Club Soda, SeagraM's Tonic. SeagraM:s Seltzer, WELCH JUICES - aval1able at locations that do 40 or More cases - Apple/Orange/Grape 1001 /Fruit Punch/ Grape- Apple/Apple-Orange-Pineapple/Apple-Cranberry/Grapefruitl Grape 501 - at $.75 per unit fer juices PROMOTIONAL ITEMS: T-Shirts t1,000,OO and $ OLUE Prograø Prlnt1n9 500,00 S:oreooards 2.500,00 Snacks lafterschoo1) ~,OOO.OO Tear-off Sheets 75.CO Rad1o-Supcort 5,000.00 ---- TOTA L $¡0,07S.00 -- - ~ ¡ I ' . , " MEMORANDUM TO: Ted Glas Purchasing Director FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Soft Drink Annual Contract DATE: March 26, 1990 Per your request, the promotional items listed by Pepsi-Cola for Parks and Recreation program meets or exceeds our specifications in Bid #90-26 opened on March 21, 1990. Parks and Recreation JW : j mh REF:JW076 cc: Robert A. Barcinski, Assistant City Manager ~ I I . ,. . , " " - MEMORANDUM TO: Robert A. Barcinski Acting city Manager FROM: William H. Greenwood 1tJ~ tf/'¡Þo Director of Public utilities SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING APRIL 11, 1990 - PROPOSED AGREEMENT - CH2M HILL ADDENDUM NO. 6 - 20 SERIES WELLFIELD ASSESSMENT AND REMEDIATION SERVICES DATE: April 3, 1990 Item Before city Commission Request City Commission to approve a proposed agreement with CH2M Hill Engineers, titled "Addendum NO.6, Well field Assessment and Remediation Services." Professional services are required for the bidding, construction and resident engineering phases. Funding will be from 1984 Water/Sewer Revenue Bond, 441-5162-536-XX.XX in the amount of $94,700. Request for trans- fer of funds is attached. Background CH2M Hill Engineers was authorized by City commission to design containment structures for the chemicals and fuel stored at the Water Treatment Plant and design of emergency generators for the Water Treatment Plant, 20 Series Wellfield and Golf Course Wellfield. The emergency generators are required to operate the Water Treatment Plant and wells to supply water to the residents of Delray Beach during an emergency. Recommendation Staff recommends approval of Addendum No. 6 with CH2M Hill Enqineers with fund~ from the 1984 Water/Sewer Revenue Bond 441-5162-536-XX.XX. ~/~ ~ I I !' . ~ :)'ì '! ~ _ Engineers - Planners ÆiJ1llIlJ Economists - Scientists February 19, 1990 SEF40.30 Mr. William H. Greenwood Director of Public Utilities 200 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Greenwood: Subject: Well Field Assessment and Remediation Additional Design - Services, Services During Construction and Production Wells 1 and 2 Investigation Attached is our Addendum No. 6 for continuing services for the above- referenced project. In particular, this addendum includes the following activities directly related to the design that is near completion: · Provide for the removal of two existing underground diesel fuel storage tanks located at the North and South Pump Stations into the design of the above-referenced project. This task will also include the design of two new ùnderground diesel fuel storage tanks that are in accordance with the Palm Beach County Well Field Protection Ordinance. · Provide bidding services to the City including attendance at the pre bid conference, preparing addenda to the plans and specifica- tions as needed, attendance at the bid opening, review and evalu- ation of the submitted bids, and preparation of the contact documents for execution by the City and the selected Contractor. · Organize and attend a preconstruction conference · Provide technical interpretation of the contract documents for the selected contractor · Review shop drawings, diagrams, illustrations, catalog data, schedules and samples submitted by the Contractor. · Provide on-site inspection as necessary to observe the progress and quality of the work performed by the Contractor. CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive. Suite 350 305.426.4008 n"'....",;,..I,.I ø"...._... CI,.,."..,.¡_ 'J'2AA. A"'117,4~Ã."\ . 1 f" . ~ . Mr. William H. Greenwood Page 2 February 19, 1990 SEF40.30 · Process monthly pay requests submitted by the Contractor · Assist in negotiating with the Contractor, the scope and cost of any necessary change orders. · Prepare record drawings for the constructed project. In addition, this addendum will include a further investigation of the cyanide and metal contamination in Production Wells 1 and 2. This task will include sam- pling and analysis for priority pollutant metals and cyanide. In addition, the - area in the immediate vicinity of Silver Plating of Delray Beach will be evaluated as a potential source of this contamination. If you so desire, this addendum will be included as part of the February 11, 1988, Agreement of Professional Services between the City of Delray Beach and CH2M HilL Southeast, Inc. We estimate that the costs for this project based on the time and expense necessary to complete the tasks descnbed herein will be $94,700. The primary cost item in this proposal is onsite inspection during construction. Compensation for this task, as with all other work, is based on actual hours spent. The estimate included here assumes 550 hours of inspection. The actual number of hours spent on this task may vary based on the site condi- tions encountered during the excavation of the underground storage tanks and the overall skill of the Contractor during the construction phase. ' We look forward to providing these services to the City of Delray Beach. If you have any questions regarding this proposa~ please give me a call. Sincerely, CH2M Hll..L (v\ c)... k.. S. V'v\ 0 ~ Mark S. Morris, Ph.D., P.E. Project Administrator dbtOI2\186.50 cc: Jerry Foess/CH2M Hll..L Pam Lehr/CH2M Hll..L Bob Wright/CH2M Hll..L ~ ~ . J . CH2M HILL ADDENDUM NO. 6 DATE: February 19, 1990 PAGE 1 OF 6 ADDENDUM TO TIŒ STANDARD AGREEMENT FOR PROFESSIONAL SERVICES DATED February 11,1988, BETWEEN TIŒ CITY OF DELRAY BEACH, FLORIDA, AND CH2M HILL SOUTI-IEAST, INC. TITLE: WELL FIELD ASSESSMENT AND REMEDIATION SERVICES . CATEGORY OF WORK: - GENERAL: This ADDENDUM shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. For the purposes of this ADDENDUM, the CITY OF DELRA Y BEAŒ shall be called "CLIENT" and Œ2M HILL SOUTI-IEAST, INC~ shall be called ''ENGINEER.'' This addendum provides for continued professional engineering services required for assessing contamination and implementing well field protection measures identified by City personnel. The scope of services to be provided is described hereinafter. I. SERVICES TO BE PROVIDED BY THE ENGINEER A. DESCRIPTION OF WORK TASKS ENGINEER will provide specific services to the CLIENT in accordance with the following detailed Task descriptions. 1. Task I-Design Underground Fuel Storage Tanks at North and South Pump Stations a. ENGINEER will verify size and location of one existing underground storage tank at the North and South Pump Stations (two tanks total). dbt012\l8S.50 ~ , ~ . ~ .. CH2M HILL ADDENDUM NO. 6 DATE: Februarv 19. 1990 PAGE: 2 OF 6 b. ENGINEER will calculate fuel storage requirements to provide a 4- to 5-day fuel supply at the South Pump Stations. c. ENGINEER will prepare a budget level cost estimate for removal and replacement of the two underground storage tanks. d. ENGINEER will 'prepare drawings and specifications for removal and replacement of the two underground tanks and piping in accordance with the requirements of the Palm Beach County Well Field Protection Ordinance. - 2. Task 2-Identification of Metal and Cyanide Contamination a. ENGINEER will conduct site visits during inspections by the City and FDER. b. ENGINEER will collect water samples from production well PW-2 and monitor well MW-3. c. ENGINEER will analyze water samples from PW-2 and MW-3 for priority pollutant metals and cyanide. d. ENGINEER will investigate location of septic tank near Silver Plating of Delray Beach. 3. Task 3-Bidding and Permitting Assistance a. ENGINEER will attend pre bid conference and will respond to questions from prospective bidders and suppliers. b. ENGINEER will issue addenda to plans and technical specifications, if required. c. ENGINEER will attend bid opening. d. ENGINEER will review bids received and recommend award. dbt012\l85.50 ~ ¡ I' . 1 '! CH2M HILL ADDENDUM NO. 6 DATE: February 19, 1990 PAGE: 3 OF 6 e. ENG INEER will prepare contract documents for execution by Contractor and review executed contract documents, bonds, and insurances before forwarding to City for execution. 4. Task 4-Services During Construction a. ENGINEER will assist the City in conducting a preconstruction conference and prepare minutes of the conference. b. ENGINEER will provide technical interpretations of the drawings, - specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. c. ENGINEER will review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit. These shall be reviewed for general compliance with the information given in the Contract Documents. Such review is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions, and inconsisten- cies, nor is it intended to relieve the Contractor of his full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the Contract requirements. d. ENGINEER w;ill furnish one set of reviewed shop drawing documents to the City. e. ENGINEER will meet with the Construction Contractor's representatives and the City as necessary to assist in implementing the construction process. f. ENGINEER will make final review of the construction to deter- mine, in general, if the work of each job site has been completed in conformance with the intent of the Contract Documents. Assist in negotiating final payment for construction and submit a final letter report upon which final settlement and termination of the Construction Contract can be based. The City may furnish repre- sentatives to jointly make the final observation of the construction. dbtO 12\185.50 ~ . I .. , . t . CH2M Hll...L ADDENDUM NO. 6 DATE: February 19. 1990 PAGE: 4 OF 6 g. ENG INEER will review, recommend modifications as appropriate, and submit to the City for payment, the monthly payment request of the Contractor. h. ENGINEER will assist in negotiating with the Contractor, the scope and cost of any necessary contract change orders. Prepare such change orders as may be required and submit them to the City for approval. i. ENGINEER will revise original drawings and submit to the City - upon completion of the work, one Mylar set and one set of prints showing record information of the work, using available information supplied by the Contractor, suppliers, and other sources. 5. Task S-Resident Inspection a. ENGINEER will furnish onsite representative personnel to assist the CLIENT in the CLIENTs relations with the Construction Contractor; to provide on-the-job observations during removal of existing storage tanks and installation of new equipment; to prepare periodic progress repom on the work. b. Compensation for on-the-job observation is based on actual hours spent during each day of observation. ENGINEER's initial anticipated level of effort for this task is 550 on-the-job hours. B. ASSUMPTIONS The work described herein is based upon the assumptions listed below. Should conditions differ from those assumed in a manner that will affect budget or schedule, the ENGINEER will advise the CLIENT in writing of the magnitude of the required adjustments. Changes in compensation to the ENGINEER will be as negotiated with the CLIENT. a. Compensation for services during construction is based on final installation of the 750-kW generator within 34 weeks of notice to proceed to the Contractor. This estimate is based on recent - dbt012\185.50 ( . I ~ . , ~ CH2M HILL ADDENDUM NO. 6 DATE: Februarv 19. 1990 PAGE: 5 OF 6 experience with similar-sized equipment. Efforts will be made, however, to expedite this delivery. b. A maximum of two change orders has been assumed. c. Resident inspection of 550 manhours has been assumed. d. Three addenda for the Contract Documents has been assumed. e. Inspections will be required to verify substantial completion for - various job sites at five different locations and startup times. f. No outside geophysical firm is anticipated at this time to determine the location of a suspected septic tank near Silver Plating of Delray Beach. The location will be evaluated by reviewing records and building permits. II. COMPENSATION TO THE ENGINEER Compensation for the professional engineering services as described hereinafter are estimated not to exceed the following: Labor Cost Expenses Total Task I-Design Underground Fuel Storage Tanks at North and South Pump Stations $ 5,600 $ 600 $ 6,200 Task 2-Identification of Cyanide Contamination 4,600 1,300 5,900 Task 3--Bidding Assistance 4,300 500 4,800 Task 4-Services During Construction 30,800 3,900 34,700 Task 5--Resident Inspection 39,100 4,000 43,100 TOTAL $84,400 $10,300 $94,700 dbt012\185.50 ~ ~ . ý . CH2M HILL ADDENDUM NO. 6 DATE: February 19, 1990 PAGE: 6 OF 6 Compensation for seIVices will be based upon direct salary cost multiplied by a factor of 2.35, plus direct expenses connected therewith, and will be invoiced monthly. *******************************************.**...................*..*.** CITY OF DELRA Y BEACH CH2M HILL SOUTIŒAST, INC. BY: ..... TITLE: Mayor Attest: Date: Date: !pp,oved as ~?_ fo~: , 91MJ/ ~ ~ (' , ,'" -' /' ,,(: > /1- " ~tß City Attorney Date: 3/~ßv I r dbt012\185.50 ~ ¡ I .. . , ~ MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/commu~i.~ Services FROM: William H. Greenwood 6U~~ Director of Public Utilities SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 10, 1990 - BID NUMBER 89-95 RADIO TELEMETRY AND DATA LOGGING SYSTEM - CHANGING FUNDING SOURCE FOR DATA FLOW SYSTEMS, INC. DATE: March 30, 1990 Item Before City Commission Request City Commission to approve changing the funding source for Bid Number 89-95 - Radio Telemetry and Data Logging System from the original account number - 441-5161-536-64.05 (capital outlay) to an account number within the 1984 W/S Construction - 441-5162-536-60.xx. Background City Commission approved awarding the contract to Data Flow Systems, Inc. on October 24, 1989 for the installation of a telemetry system to be installed on thirty (30) lift stations. Unanticipated sanitary sewer line replacement, manhole replacement, new paving and drainage requirements for the Utility Complex, additional professional services for the Aero-Dri ligitation and anticipated decreases in revenue because of the SFWMD Phase I restrictions will create a deficit in the operating budget. We request City Commission approve an alternate funding source for Bid Number 89-95, Radio Telemetry and Data Logging System from the 1984 W/S Revenue Fund Contingency. Recommendation Staff recommends City Commission approval of a new funding source for Bid Number 89-95 from the 1984 W/S Construction fund - 441-5162-536-60.xx. ~ 1/' ~ I I ~ . ~~ 1 ~ MEMORANDUM TO: Robert A. Barcinski Acting City Manager FROM: William H. Greenwood Director of Public Utilities SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 24, 1990 - PALM BEACH COUNTY INTERCONNECT AGREEMENT WITH CITY OF DELRAY BEACH DATE: AprilS, 1990 Item Before City Commission Request City Commission to approve an Agreement for an emergency water line interconnect with Palm Beach County Utilities. Funding for the proposed project will be from 1984 Revenue Bond. Background Public Utilities Department and the City Attorney's office has been negotiating this agreement for the last year. We have received approvals from the City and County Attorney's office. Project will permit either party to purchase surplus waters if an emergency condition occurs. Palm Beach County Utilities Depart- ment has agreed to design the interconnect and each party will be responsible for it's proportionate costs. Recommendation Staff recommends approval of the agreement which is desperately needed to insure the residents of Delray Beach drinking water in the event of an emergency ~/tf¿J/!¿ ~.. .M~ William H. Greenwood WHG: j 0 ~ f ~ . 1 ~~ ~ .,11 I ! . " , , , AGREEMENT This Agreement is made and entered into this day of ,198 , between the City of Delray Beach: - ¡ (hereinafter referred to as "City") and Palm Beach County, a I I I political subdivision of the State of Florida (hereinafter ¡ , I :: I ,; referred to as .. County") to wit: WHEREAS, the City and County desire to provide for emergency water needs for their respective water supply systems¡ and WHEREAS, the City and County, as neighboring local governments with existing facilities capable of furnishing limited potable water supply to each other, agree to enter into , this agreement outlining the terms upon which each will furnish , , , : ,i water to the other in times of emergency; and , , . i WHEREAS, it is deemed in the best interests of both , t :: the City and the County to make this provision for emergency I ;: water supply to insure that there is a supply of potable water to ; i meet an emergency that might arise; ¡ ¡ II NOW, THEREFORE, in consideration of the premises and! : I 1 :: other good and valuable consideration, it is agreed: : I ~ ¡ " 1. Subject to the terms of this Agreement, the County agrees to : " . I ' , , I ;: supply to the City potable water from the surplus of water I ': available to the County produced by its water system over and ¡ i ¡ above the needs and dem'ands of the County and the customers of i ;¡ its water service area. , . :' 2. Subject to the terms of this Agreement, The City agrees to I supply to the County potable water from the surplus of water I :: available to the City produced by its water system over and above ! the needs and demands of the City and the customers of its water I service area. J 3. Water sha~l be supplied through an interconnection to be . constructed at Linton Boulevard west of Military Trail in Palm I Beach County, as shown in Exhibit A attached hereto. The design ¡ I t: I ¡: of the interconnection shall be approved for the County by the ¡ , - 1 - I ¡ I: I \ ¡ ¡ ! , ' i 'i : I· I .. I ¡ I I i , I Director of the Water Utilities Department and for the City by ¡ ; ~ the City Manager. The City shall bear all costs of constructing ! ~ ! the pipeline from its existing system to the point of ! i interconnection. The County shall bear all costs of constructing I , , I , I I I the pipeline from its existing system to the point of I interconnection. The City and the County shall bear in equal I I I I measure the cost of constructing the interconnect, including I , I I ~ ¡ I required vault, meters, valves and appurtenances. i 4. Charges for metered water use through the interconnection ' . i , : shall be at the prevailing commodity rate in effect for ' I , ' . , residential customers at the time of furnishing the water with no , : , I capacity or fixed charges. The County commodity rate in effect " ; I I, . , , as of November 1, 1989, is $.60/thousand gallons. The City , , ¡ ¡ :1 co~odity rate in effect as of November 1, 1989 is $.53 . Either ¡ , : I I ! ; rate is subject to change based on legal authority of the ! , I ; , I , 1 appropriate governing body. When water is utilized, the meter or ; I ! , \ meters shall be read concurrently by the City and the County on ¡ , ' I , approximately the first of each month. Payment by the user to j , , i , , , , 1 the supplier for water consumed shall be within thirty (30) days I : j i after furnishing of monthly bills. , , , , an I : i 5. No' supply of water shall be provided except in case of , 1 , 1 emergency and upon the fOllowing terms and conditions to be ! \ , ~ t determined by the supplying party: a. There must be a sufficient surplus of potable water I ! , anticipated I available to meet all the needs of the supplying : party. I b. The supplying party may limit the amount of water to be , , supplied. I , , i i c. The supplying party may limit the hours or days of supply. i I I d. The supplying party may require the receiving party to I; impose use restrictions on its customers as prescribed by the I ' , , , ! ! supplying party. it The supplying party may place an automatic expiration date I i i I ¡ e. I: , t ~ I : I upon the emergency supply period which may be extended only by ¡ i J the City Manager for the City and the Director of Water Utilities i ' , i j I i 1 , I - 2 - I ' : : I I ¡ , , , , , , , t I I·" for the County. 6 . This Agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either party to the other at its sole discretion. 7. Each party shall be:responsible for its own negligence in connection with arising out of or incident to, the performance of this Agreement. ß. It is understood that either party shall have the right to institute and prosecute any proceeding at law or in equity against the other party for violating any covenant or covenants contained in this Agreement. Proceedings may be initiated against the violating party, its heirs, legal representatives or assigns, for a restraining injunction and also for damages. The prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. In no case shall a waiver by either party of the right to seek relief under this provision constitute a waiver of any other or further violation. 9 . It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisidction, such invalidity shall not affect any other condition or provision . herein contained, however, that the invalidity of any such condition or provision does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provisions of this Agreement. . . .' ~ .. - 3 - , ' I I; 10. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSION By: City Clerk Doak S. Campbell, III Mayor ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS John B. Dunkle, Clerk By: Deputy Clerk Chairman APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR COUNTY SUFFICIENCY FOR CITY By: By: County Attorney Herb Thiele City Attorney APPROVED AS TO TECHNICAL APPROVED AS TO TECHNICAL SUFFICIENCY FOR COUNTY SUFFICIENCY FOR CITY By: By: Director William H. Greenwood Water Utilities Department Director of Public Utilities I ,.' :.' "-,' .... ,-,"'4""-""'. : . " . ~ '. " , . . ,~~ . " , . , ' ;.::.. '. .. . .... . .' . . ,~ ',I [ITY DF DELRAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: APRIL 3, 1990 SUBJECT: EMERGENCY SERVICES AGREEMENTS - CITIES OF BOYNTON BEACH, DEERFIELD BEACH AND LAKE WORTH Attached you will find three Emergency Service Agreements for Mutual Aid with the cities listed above. The Boynton Beach Agreement is a replacement for a previous document which has been in place for a number of years. However, the format of this replacement document corresponds with standard agreements for this purpose now used throughout Palm Beach County. The agreement also broadens the scope of emergency services which are included in the mutual aid concept. The agreements with the City of Lake Worth and the City of Deerfield Beach are new agreements, but are identical to the agreement with the City of Boynton Beach. Due to increasing demands for a variety of emergency services it is appropriate to recommend expansion of these agreements with other jurisdictions which can fully participate in cooperative inter local agreements of this type. Therefore, I recommend that these agreements be presented to the City Commission at their next regular meeting for consideration. The Office of the City Attorney has previously reviewed the text of these agreements and comments from that office have been incorporated. \(~~,\~ ~ Kerry B. Koen Fire Chief KBKj ew Attachments: Emergency Services Agreements (3) Agenda Report FIRE OEPART:\1E~\jT HEADQUARTERS- 101 ','¡EST ATLMJTiC :"\¡ENUE - DELRAY BEACH, FLORIDA 33444 407,2437400- FAX '¡07 2654660 , r- . 30, ~\ , '3 ~ .. 11I'·1 \ EMERGENCY SERVICES MUTUAL AID AGREEMENT This Agreement is entered into this day of , 199 -' by and between the City of Boynton Beach, Florida and the City of Delray Beach, Florida. WHEREAS, the parties to this Agreement presently maintain a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, hazardous materials response equipment and trained technical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual aid in times of emergency where the need created may be too great for either party to deal with unassisted, NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and service to the other under the following stipulations, provisions and conditions: 1. Mutual aid and assistance will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. 2. The person requesting mutual aid and assistance shall give the following information at the time his request is made: a) The general nature, type and location of the emergency. b) The type of equipment and/or personnel needed. 3. Only the following officials of the participating parties are authorized to request aid and assistance under this Agreement: The respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. 4. In the event of an emergency occurrence which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chiefs or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel on the mutual aid call will remain under the command of their own officers at all times. The rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services and control of personnel shall remain within the respective control of their own departments. 5. Each participating party reserves the right to refuse a mutual aid call in the event it does not have the required equipment available or if, in its judgment, compliance with the request would jeopardize the protection of its own jurisdiction. 6. No employee of either party to this Agreement shall perform any function or service which is not within the scope of the duties of that person within his/her own department. 7. Persons employed by either party shall not in connection with this Agreement or in the performance of services and functions pursuant hereto claim any right to pension, workmen's compensation, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise except through and against the entity by which they are regularly employed. 8. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the act, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity, pursuant to Florida Statutes, Section 768.28. 30 '!q 1 9. All the privileges and immunities from liability, exemptions from law, ordinance and rules and all pensions and relief, disability, workmen's compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties extraterritorially pursuant to this agreement. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel and owning such equipment. 10. The cost of gasoline and other normal supplies used for mutual aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies, such as foam or other specialty products, will be replaced by the agency requesting assistance. 11. All compensation for personnel shall be borne by the employing party. 12. The term of this Agreement is from May 1, 1990 to April 30, 1995. 13. Either party to this Agreement may, upon giving sixty (60) days written notice to the governing body of the other party, terminate this Agreement and after the effective date of such notice both parties will be relieved of any further obligations under this Agreement. 14. This Agreement shall continue in full force and effect for like terms as that set up in the original term of this contract, subject to the termination provisions of Paragraph 13. 15. A copy of this agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 16. Both parties to this agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location and anticipated time frames for construction of future fire stations within their respective jurisdictions. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 199 . - ATTEST: CITY OF DELRAY BEACH City Clerk MAY 0 R Approved as to form and legal sufficiency: City Attorney ATTEST: CITY OF BOYNTON BEACH City Clerk MAY 0 R Approved as to form and legal sufficiency: City Attorney \4q EMERGENCY SERVICES MUTUAL AID AGREEMENT This Agreement is entered into this day of , 199__, by and between the City of Lake Worth, Florida and the City of Delray Beach, Florida. WHEREAS, the parties to this Agreement presently maintain a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, hazardous materials response equipment and trained technical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual aid in times of emergency where the need created may be too great for either party to deal with unassisted, NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and service to the other under the following stipulations, provisions and conditions: 1. Mutual aid and assistance will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. 2. The person requesting mutual aid and assistance shall give the following information at the time his request is made: a) The general nature, type and location of the emergency. b) The type of equipment and/or personnel needed. 3. Only the following officials of the participating parties are authorized to request aid and assistance under this Agreement: The respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. 4. In the event of an emergency occurrence which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chiefs or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel on the mutual aid call will remain under the command of their own officers at all times. The rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services and control of personnel shall remain within the respective control of their own departments. 5. Each participating party reserves the right to refuse a mutual aid call in the event it does not have the required equipment available or if, in its judgment, compliance with the request would jeopardize the protection of its own jurisdiction. 6. No employee of either party to this Agreement shall perform any function or service which is not within the scope of the duties of that person within his/her own department. 7. Persons employed by either party shall not in connection with this Agreement or in the performance of services and functions pursuant hereto claim any right to pension, workmen's compensation, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise except through and against the entity by which they are regularly employed. 8. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the act, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity, pursuant to Florida Statutes, Section 768.28. ~\ ,~ I, 9. All the privileges and immunities from liability, exemptions from law, ordinance and rules and all pensions and relief, disability, workmen's compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties extraterritorially pursuant to this agreement. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel and owning such equipment. 10. The cost of gasoline and other normal supplies used for mutual aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies, such as foam or other specialty products, will be replaced by the agency requesting assistance. 11. All compensation for personnel shall be borne by the employing party. l2. The term of this Agreement is from May 1, 1990 to April 30, 1995. 13. Either party to this Agreement may, upon giving sixty (60) days written notice to the governing body of the other party, terminate this Agreement and after the effective date of such notice both parties will be relieved of any further obligations under this Agreement. 14. This Agreement shall continue in full force and effect for like terms as that set up in the original term of this contract, subject to the termination provisions of Paragraph 13. 15. A copy of this agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 16. Both parties to this agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location and anticipated time frames for construction of future fire stations within their respective jurisdictions. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 199 . - ATTEST: CITY OF DELRAY BEACH City Clerk MAY 0 R Approved as to form and legal sufficiency: City Attorney ATTEST: CITY OF LAKE WORTH City Clerk MAY 0 R Approved as to form and legal sufficiency: City Attorney qq EMERGENCY SERVICES MUTUAL AID AGREEMENT This Agreement is entered into this day of , 199 , by and between the City of Deerfield Beach, Florida and the City of Delray Beach, Florida. WHEREAS, the parties to this Agreement presently maintain a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, hazardous materials response equipment and trained technical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual aid in times of emergency where the need created may be too great for either party to deal with unassisted, NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and service to the other under the following stipulations, provisions and conditions: 1. Mutual aid and assistance will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. 2. The person requesting mutual aid and assistance shall give the following information at the time his request is made: a) The general nature, type and location of the emergency. b) The type of equipment and/or personnel needed. 3. Only the following officials of the participating parties are authorized to request aid and assistance under this Agreement: The respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. 4. In the event of an emergency occurrence which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chiefs or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel on the mutual aid call will remain under the command of their own officers at all times. The rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services and control of personnel shall remain within the respective control of their own departments. 5. Each participating party reserves the right to refuse a mutual aid call in the event it does not have the required equipment available or if, in its judgment, compliance with the request would jeopardize the protection of its own jurisdiction. 6. No employee of either party to this Agreement shall perform any function or service which is not within the scope of the duties of that person within his/her own department. 7. Persons employed by either party shall not in connection with this Agreement or in the performance of services and functions pursuant hereto claim any right to pension, workmen's compensation, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise except through and against the entity by which they are regularly employed. 8. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the act, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity, pursuant to Florida Statutes, Section 768.28. ~~ 9. All the privileges and immunities from liability, exemptions from law, ordinance and rules and all pensions and relief, disability, workmen's compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties extraterritorially pursuant to this agreement. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel and owning such equipment. 10. The cost of gasoline and other normal supplies used for mutual aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies, such as foam or other specialty products, will be replaced by the agency requesting assistance. 11. All compensation for personnel shall be borne by the employing party. 12. The term of this Agreement is from May 1, 1990 to April 30, 1995. 13. Either party to this Agreement may, upon giving sixty (60) days written notice to the governing body of the other party, terminate this Agreement and after the effective date of such notice both parties will be relieved of any further obligations under this Agreement. 14. This Agreement shall continue in full force and effect for like terms as that set up in the original term of this contract, subject to the termination provisions of Paragraph 13. 15. A copy of this agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 16. Both parties to this agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location and anticipated time frames for construction of future fire stations within their respective jurisdictions. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 199 . - ATTEST: CITY OF DELRAY BEACH City Clerk MAY 0 R Approved as to form and legal sufficiency: City Attorney ATTEST: CITY OF DEERFIELD BEACH City Clerk Approved as to form and legal MAY 0 R sufficiency: City Attorney H, [ITY DF DELRAY BEA£H ·00 i\j 'l') 1,,[ .~'/~~,!t)E ::JEL"AY oj:::;',._'rl ;::L,~R;DA .;3444 407 243 7000 MEMORANDUM TO: HONORABLE MAYOR AND CITY COMMISSIONERS FROM: ~OBERT A. BARCINSKI, INTERIM CITY MANAGER SUBJECT: FUNDING CITY MANAGER INTERVIEW COSTS DATE: APRIL 06, 1990 City Commission previously indicated their concurrence to fund the City Manager interview costs from the City Commission Contingency but no formal action was taken. In order to provide required paper trail, we are requesting Commission to formally authorize funding for these costs from the City Commission Contingency in the amount of $9,000. Costs to be covered include travel, lodging, food, ground transportation and other incidentals. Commission also agreed to fund transportation and meal costs for spouses which will be paid from the account. Commission contingency balance will be $1,000 after this action. Hiring costs, moving costs, etc. will be paid for from the City Manager's budget. RAB: kwg THE EFFORT AL'NAYS MATTERS . . I I . ~ . : , 3~ ~ ~ . ,. ""I C I T Y COM MIS S ION DOC U MEN TAT ION TO: / CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III I , \ ( \ 1/ ,,\ .. (...:'- '"' - ~":_'-, .' FROM: DÂVID J'. KOVACS ,~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 11, 1990 AUTHORIZATION TO APPLY FOR A HISTORIC PRESERVATION GRANT --- BANKER'S ROW ITEM BEFORE THE BOARD: The action requested of the Commission is that of authorizing the submission of a grant application to the State Historic Preservation Trust. The implication of the action is that City resources will be allocated in FY 90/91 for the completion of a specific development and rehabilitation program for the Banker's Row area. BACKGROUND: Annually grants are made available from the Historic Preservation Trust for a variety of activities. The Historic Preservation Board has suggested pursuit of a grant directed toward the preservation and revitalization of Banker's Row. Attached are excerpts from the grant application which describes the approach we are proposing. In short, the proposal is for a complete inventory and analysis of the Banker's Row block from both a historic preservation and neighborhood preservation perspective. The focus of the resulting program (plan) will be a prototype of how to preserve and have adaptive reuse in a historic area which is threatened by deterioration and invasion of inappropriate land use. The program will call for municipal investment in the streets cape; may call for innovate design and maintenance easements along the street (front yards and building facades); may call for a program of increased use of the alleys for vehicular access; and will set forth ways in which the historic character of structures must be maintained while still accommodating appropriate reuse (i.e. other than residential, if so desired). This is a matching grant program. The City's match can be in in-kind services. Such is the proposal, but it does involve commitment of staff resources from the Planning Department and expenditures from that department's operating budget. This work will not require new resources but it does involve allocation of anticipated resources to this specific project. Comprehensive Plan Compliance: In general the proposal is consistent with the Plan in that neighborhood planning efforts in the Pineapple Grove Area are already underway and this would be an extension of that effort. Further, the Plan calls for continued implementation of Historic Preservation activities pursuant to the Historic Preservation Ordinance. With respect to the grant policy (CIE A-3.7), there are two tests to be met. The first is that the grant will address a previously identified need. This test met through application of neighborhood stabilization and revitalization policies of the Housing Element and the focus on the Pineapple Grove Area in the ~ Land Use Element. The second test addresses whether or not 3 pursuit of the grant and its implementation will diminish resources directed elsewhere. To some extent this is the case 1;'1 To: Cheryl Leverett Re: Banker's Row Grant Page 2 since the Banker's Row project was not targeted for next year; however, this test is mitigated by CIE policies which call for increasing a project's priority if funding from new sources is provided. In this case the potential of a $20,000 assistance from the Historic Preservation Trust would provide a basis for acceleration of this specific program. Review by others: In preparing the project description, a coordination meeting was held which involved members of the Historic Preservation Board, Pineapple Grove participants, Old School Square Homeowners representatives, and Old School Square, Inc. There was a general consensus on how to frame the proposal. An outline of the proposal was distributed to participants on April 2nd for their further review. RECOMMENDED ACTION: By motion, authorize the submission of the Historic Preservation Trust grant proposal regarding Banker's Row. Attachment: * summary of the grant proposal DJK/#61/CCGRANT.TXT '" SOURCE: Historic preservatioa Trust AMOUNT : $20,000 + $2i,000 match = $4+,000 project cost DEADLINE: April l6, 1990 ~V~ILABILITY: October 1, 1990 i.e. our FY 90/91 ACTIONS: City Commission authorization April 10, 1990 State Public Meeting June 26 - 29 Announcement of Awards July 20, 1990 RFP for consultant August Consultant selection September Commence project OCtober, 1990 . CATEGORY: ~isition and DeVel0!ient: planning for el gibl. A , D activit .. such as preparation of plana an4 specifications Specific Priority: 2. Assistance in the development of plans for the restoration or rehabilitation of properties, particularly those which will be placed in public use. Could also qualify as a Planning and Education project under Priority 3 (other preservation planning) . ~ :¡ ..' { .. .. " ... ....~~f:. . .::~:.: ~:f I o,·~··· :1,':' . .. ..,,'.~::.)':'~.' ",". . .,'.... ~ ~ ., , .':'"4 " ...... ~i: ...... . ':~;':. ',I,".'; .. I :~" ' <.:;~' :;;~:; :t: .::> . ;~(' .. "f .. ~~~ .... ,;,: ,"',I Histor ic preserva ti....l Trust Page 2 PART I: Item 8: Brief synopsis of the project, describing specifically the work to be~accomplished with the funds requested. The project will result in a "preservation and rehabilitation" program for a specific area (Banker's Row) within the local Old School Square Historic District. Besides being applicable for the stabilization of this deteriorating area, the program will be a prototype for similarly distressed historic neighborhoods in the City of Delray Beach and elsewhere in historic Florida communities. The work which willJPe accomplished includes: * Inventory and data collection re physical features of the target area e.g. utilities, land use, struc.tural conditions, detailed historic .inventory; and of other relevant items e.g. demographies, property values, and changes in such items. A scaled, reproducible survey map will be prepared and it shall show all existing improvements and inventory conditions. * Preparation of._ functional neighborhood plan for the target area. It shall include: reuse options for all . structures, alternative vehicular and pedestrian traffic routin9, schematics for a Banker's Row streetscape which shall include redesign of the street to de-emphasize vehicular encroachments, provide for appropriate landscaping, provide for appropriate private property (front yard) land.capin9, and building facade treatments; and specific recommendation. for the rehabilitation of each historic structure (16) along Banker's Row. PART IIB: Item 4: Statement of significance. "Banker's Row" is a one block area within which eleven Craftsman Cottages and nine guest houses (1938) are complimented by five Mediterranean Revival residences (1924-1925). The cottages are the first development of the Mackle Corporation in the State of Florida. Historically significant persons associated with the area include: Wood Cowan, Aaron Smock, and Chic Raymond when the area formed the heart of the City's "artist colony". PART IIB: Item 6: Is the property threatened? If so, how? Two original guest cottages have been demolished. One structure i. boarded up and is in foreclosure. The local Historic . Preservation Board 1s staying off demolition of one structure. Physical abuse to structures' by inappropriate use such as overcrowding is prevalent. The target area is one of land use transition specifically' impacted by adjacent commercial uses. The target area is part of a larger are~ formally declared as being slum and blighted. ~ .~ .., ~. :" ., '" .. ~~!::. '. >:,~,'. , \ I ':-:', :~ ,~.. ':1,-:: .'.' .f.~.~~~·:·~'" ".. .. . .,..... ~ "~"4 ." . -, , ·,'.t," :1.: ·:::r-:· ':~:.:' }:; I "'i~ Y=: :/ t~:, " -:.~ .~ :!:j: ~; , " , ' '. .' H~storic Preservation Trust Page 3 PART IIB. Item 7: DescriPtion and Present physical condition. The five Revival residences were'deslgned by Sam Ogren, Sr. , National Register Architect of Old School Square and other structures. Facing these Spanish style town homes are Craftsman Cottages which present a signifioant link with the history of building repetitive subdivisions prevalent postwar style. While generally good, the structures suffer from termite infestations and poor upkeep. Demolition may be the preferred option to rehabilitation if proper guidance and incentives are not provided. PART IIB. Item 8: ~st "and describe. all major work items in the proposed project. ( A) Standard data and inventory work elements will provide an inventory and data c9llection re: * physical features of the target area e.g. utilities, land use, structural conditions; * detailed histo~ic inventory; , * demographics, property values, and changes in such items. (B) A scaled, reproducible survey map will be prepared and it shall show all existing improvements and inventory conditions. (C) A functional neighborhood plan for ,the target area. It shall include: * reuse options for all structures, * alternative vehicular and pedestrian traffic routing, '\' schematics tor a Banker's Row streetscape which shall include redeaiqn ot the street to de-emphasize vehicular I I encroachments, provide for appropriate landscaping, provide for appropriate private property (front yard) landscaping, and building facade treatments; * specific recommendations for the rehabilitation of each historic structure (16) along Banker's Row. 1 PART IIB. Item 12: Døscribe the means by which the historic structure s will be maintained subse ent to restoration/rehab l~tation. First, the plan will set forth: * physical requirements for restoration and rehabilitation of the historic structures; such requirements will be building specific and will comply with the Secretary of the Interior's Standards tor Rehabilitation. * a program and regulations for adaptive reuse of the historic structures; ,these regulations will be imposed through an amendment to the CityJs Comprehensive Plan and subsequent enforcement by the Historic Preservation Board; . " 'I' ,,. .?:;'~' .-:t .1," ~:~" ,¡ '. .~: .:~~:> " .ft~.:;:~·:·~,' ¥. . .,..... " ..... .,,:,'4 ,.. ~ ..' ':~~:~:. -:~:: :.... . ",'.' ',' ., I '.' . .' :'. '. ~~::~~. :;;~:: .... .. ,'," .-' ~- .. I ' " .. ;11,1 Historic preservativú Trust Page 4 , ì Through this approach the preservation of this historic area shall be assured as both public and private actions must conform with the adopted program. I Streetscape improvements shall be maintained by the City. Front yard improvements may be maintained through special assessments " as an option if a property owner fails to maintain them -- this ! item will be addressed in the implementation section of the plan. Maintenance of rehabilitated structures shall be monitored by the Historic Preservation Board and such maintenance shall be required as a condition of approval for any adaptive reuse or where any City or other public assistance is provided. i PART III: Item 1: Cost Estimates: A.. Standard data and inventory elements: physical features of the target area e.g. utilities, land use, structural . conditions, and demographics, property values, and changes in such items. · . . . . . . . .. $ 4,000 . B. A scaled, reproducible survey map showing all existing improvements and inventory condition (including copies). · . . . . . . . .. $ 3,000 c. Detailed historic survey of the area and the 16 historic structures. · . . . . . . . . . $ 7,000 D. Specific recommendations for the rehabilitation for each of the 16 historic structures. · . . . . . . . . . $ 4,000 ¡ E. A functional neighborhood plan which includes: * reuse options tor all structures, * alternative vehicular and pedestrian traffic routing, * use of alleys, * relationship of adjacent uses, and * implementation options and recommendations $ 10,000 . . F. Consultation re the functional plan ......... $ 5,000 includes participation in neighborhood meetings G. Final schematics for the functional plan, and streetscape design . . . . . . . . . $ 4,000 * the schematics for a Banker's Row streetscape shall include redesign of the street to de-emphasize vehicular encroachments, provide for appropriate landscaping, provide for appropriate private property (front yard) landscaping, and building facade treatments; '~. :;: ' , .. " .. .. ~~:' '!J¡- ,', . I . :1~1'. '. :~: . :v~ ..~.'. :1,': ," . J.:.~;:~~'~~' ".. .. .- .,.... " '.' ':'4 ,. . ...,.:.'~ :¡: ~~",; ';~:.:' :' I '".. ::::;~. ::;i:: ..... '. .~ .. 'r .y, ' .. :i;j' I " .. Historic preserva~ion Trust ~ Page 5 " at ~ µ , ~ H. Amendment to ~ße Comprehensive Plan ;..~,..... $ 7:,000 ~ " ' , Matching Funds: I PART III: Item 2: The following items from the ~bove major ~work items will be I either completed by and paid far by the City directly: J " A. . I' i Standard 1nv:nt~ry ... by ¡PI ann ~g sta~f $ 4,000 B. Survey map and all copies i... by Plann~ng staff $ 3,000 I . P .. I , ' E. Development\of the neighbofhood plan i~luding all logistics, original r~earch' community meetings, interdepartment 1 and interagency coordination, and process 9 as an amendment to the City's Comprehensive Plan... Planning staff $ 10,000 . (This activity if.. consulted out would' exceed a cost of $ 10,000. Allocation of time and direct costs will be maintained to verify expenditure.) ( H. Amendment to töe Comprehensive Plan ...by City $ 7,000 . ,~ The above resources are confi~ as existing positions in thai City's Planning and Zoning Department which are allocated to the I preparation of neighborhood plans. Attai~ng a matching grant increases the priority of a neighborhood plan and assures its completion in a specific fiscal year. (Policy embodied in thè Capital Improvement Element of the City's c~~rehensive Plan.) ~ ~ ': . 1 · h 'j t 'f' h' . PART IV: Item : t e pro ect meet speC1 1C 1stor1C se? Ref: "criteria Related ,to PubliJ , Benefit" Florida Administrative Code. I ., II PART IV: Item 2: ,t~orage and curation of ¡the historic inventory data incl d ng referenced drawings. see Clemmer and/or Mary Lou ~ GRANT.TXT t ~f ' \ ~ , .. 0\ . , . I J . . ~ , !!é~ I ~: .. .. ~ ....." ~'" . ,::X:' , ':¡;:,' I : .~~:~: :~'~"':~':' . . .... ~~::ít;·~, .... ., . .,..... " ," ( .., ,,:,~ ,'" , , , . ... ........, ':1., ...... . ':~:'~ ....".... . í I ". .. Y'. f;;~, ~~r ~ . :,:> ...... . . "~ .i·:·;' :+:¡: il ' " t,q ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: ROBERT BARCINSKI INTERIM CITY MANAGER FROM: ))/~t. GATES D. CASTLE, P.E. ~ CITY ENGINEER SUBJECT: DOCK VARIANCE-711 SE 3RD STREET DATE: APRIL 2, 1990 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.K. Marine, on behalf of the property owner, has requested the subject variance. If approved, the variance would allow the dock to be constructed 42' into the Intracoastal, while City code allows a maximum of 5' . A Corps of Engineers permit has been secured for the dock installation and this office has notified the adjacent property owners. Engineering recommends Commission approval of the requested dock variance since: 1) It would be impossible to construct a usable dock at this location and meet City code. 2) Corps of Engineers has approved the dock installation. 3) The proposed dock wouldn't pose a safety hazard. An Agenda Request Form for this item is attached for further processing. GDC:slg Attachment . , I ~ . ; ~~ ; ~ , . ". - [¡l ~f;f ~J \ J.,.IA-A:;' -," ~, ~ j ~ ~ ,~- I t f/·. . APP,,-,,::", Lo'N T\~ '*'I ,I >1'--\' ~H--=ec.. , '2 ~I, \. '. \ Ñ -' -\: ):> \f. ~ -.) , " ~ -J. <~: ()' . _ (~, . (t'I :Q ~. -¡ , ~ I ~ ·r··J, ....\ ' C'\. l \}. '\ ; . ~' ) O:,,'! ' ! N \ I -V- ~ '! ' I ' \; >~ .... ¡ <J) [ \ ¡ =~"', ') ¡,......., 'oJ I _ '. , '\" - .'~ ~.. ,.:" . ~~ i- \ .1 ~ ,-', ' \ ~ ~ -- ~ ' ~ Q ; I X ! 6.., ' \' I WI 2{:,_., '-""--''''~~ \' ' ft~?~ ,.. ',;,~: ~'V ~ o.,'\!?"' Ž. 5 '." ' , /\ ~(J) (\\ \,\ ~,O 0 ~ - v- - J ~ ' ~ : ~ ( ~ \ I ~ Þ ., !: I v'¡-' ~ ~ < ! 0. I ,"" ,» ( : ' - '., : 0/ V' t\ I I ~ð i" 1- ~ ~ I I ' ...L x . ì Þ I"~ ~ '. -+- .:-,' ,\v,,/ ~ \,1\ ~ ' : ~ ::> µ.. "\ ,.', I -' "'0 ¿ 'Î 1r 'x.. '1t ~ '> I ' I ..þ. ..... ' \ ~ __ 7}'" /\ 1_0) l.... ~ I _ ' al,... -;> 0..,/" - \ ..) --> I}.,: v , .. .:- ~ ...... '"'.I t"! , - þ~ -r' y, IL~á't ,t' I '1.. + z. I -z. ? .4ß."~ _ ___.,..._~ -1 I . ~ ~ I ~1).ft'<Á j \../ 1 ~~. l,~G '\ )' \ Is'r ! -t ~k",.. $6:. 3 ¡O" ~\~, ,,~ , .:/-'1 . .þ 1 (j) F'~, eEv (~e.O ï?:> 6-r;::,\AJ xl '-( ~It t:) I...J,A ~$ ,~Jl \ tI ð( CD C~ot2-0(~ATe::.f,. '.Þ..~ 1='~ A c::"'QtE c::::.ùT ~~'l:-r - þ..S ~v.·~ ¡:Dt,re, f'-(...4 J P ,,=,S , ~/ ~ . . ~ 0e.a.~-( ~e..ï:>' ~G:o II.U-=-~I_ úJ . ~ ~ {Z.O or '':'':..'"':' ~ ...: Î I' SE:. -::> ~ \. "'='.- = ~ 15E..\-~Y ßé:,ÞG~J PI '":'::== ,,J; - . ~ I .. . . , ~ . AGENDA REOUESI . Date: 4 /1-/"} 0 . I Request for: - Workshop Date , xx Regular Date 4/11/90 ~ - Consent Date - Special Date 'Description of item: Consider Variance Request to allow dock to be constructed at 711 SE 3rd street. The variance is required to allow the dock to extend 42' into the Intracoastal Waterway while the City Code allows a maximum of 5' . - (Attach detail description if necessary) Recommendation: Engineering recommends approval of the requested variance since it would be impossible to construct a dock at this location and meet City Code. Approximate Cost not to Exceed N/A Funds Available in: N/A Signature of requesting Department Head: )JdL¡jC~ - Finance Director: Preparation of Ordinance - Resolution - . -- ( I I . ~ . , I , ~ ~ . ( CI<I - -.--- ---~--- --.--< ----- ---"---~- ----- ------.- ------ ----"-- -- - -_._---------~------~-- -. ---- --~._~ -- ----- ..- RESOLUTION NO. 34-9U A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WI'r'HIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY 'r'O ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, t"¡HEREAS , pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Orcìinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.~1 and 100.2~ of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the cìate of said notice forty-two (42) days in the case 0= violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or fi Ie a ~.¡ri tten request for a hearing to review the decision that a nuisance existed within ten (10 ) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, \vHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly reguest a hearing pursuant to Section 100.21 and lOO.2? within the time l~mi ts prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray ßeach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land ( s ) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the Ci ty Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurre<i in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WH EREAS , the City Comrni~sion of the Ci ty of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), ~(. . --- --.-----.- -." ---- -.. . - -- -- _.---. ------------- -" +----~---_.- _. -~------. _.~ - --- --------- -+ ---- -------- NOW, THEREFORE, BE IT HESOLVED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) day s after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach i~ hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessm~nt, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's f~es and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public recorct~ of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective an the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 34-90 ,,' COST OF ABATING NUISANCES UNDER CHAPTER Ion OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT S67.1' OF NI42.1' OF W130.44' VERA L. ROWSEY $ 55.00 OF E155.44' OF E 1/2 OF S 1/2 33 NW 9TH AVENUE 50.00 (ADM. COST) OF BLK 4, TOWN OF DELRAY, DELRAY BEACH, FL. 33444 (RECORDING) PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 7TH AVENUE) LOT 29, BLK 1, SOUTHRIDGE, ROBERT ASSANTES $ 60.00 PB 13, P 38, PUBLIC RECORDS FRED WENISCH 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 2909 NORTH DIXIE HIGHWAY (RECORDING) (STERLING AVENUE) POMPANO BEACH, FL. 33064 LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST. $ 55.00 HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 50.00 (ADM. COST) PUBLIC RECORDS, PALM REACH 302 BAINBRIDGE STREET (RECORDING) COUNTY, FL. BROOKLYN, NY 12233 (NW 10TH AVENUE) LOT28, BLK 7, DELL PARK, PB 8, WILLIAM R. SHOEMAKER $ 45.00 P 56, PUBLIC RECORDS, PALM 1304 SW 22ND STREET 50.00 (ADM. COST) BEACH COUNTY, FL. BOYNTON BEACH, FL. 33426 (RECORDING) (NE 10TH STREET) LOT 321, TROPIC PALMS PLAT 1, MICHELLE GRZESIAK $ 60.00 PB 25, P 99, PUBLIC RECORDS, 607 NE 17TH AVENUE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. FT. LAUDERDALE, FL.33304 (RECORDING) (MALLARD DRIVE) LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 45.00 GARDENS, DELRAY, PB 14, P 63, 111 NE 16TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33435 ( RECORD ING) COUNTY, FL. (SW 10TH AVENUE) N85.85' OF S141.85' OF EllS' DALE J. BRISSON $ 25.00 OF W 155' OF N 1/2 OF S 1/2 OF C/O DAMO'S PIZZA INC. 50.00 (ADM. COST) NE 1/4 OF SW 1/4 OF SW 1/4, 2235 SEACREST BLVD. (RECORDING) SUB. OF SEC. 4-46-43, PUBLIC DELRAY BEACH, FL. 33444 RECORDS, PALM BEACH COUNTY,FL. (2237 SEACREST BLVD.) LOT 16, BLK A, TOURIST NOOK, VINCENT VILLAFANE $ 50.00 DELRAY, PB 1, P 47, PUBLIC MILAGROS VILLAFANE 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 423 WILDER STREET (RECORDING) (NW 10TH AVE. & NW 2ND ST.) W. PALM BEACH, FL 33405 LOT 22, BLK 32, TOWN OF J. W. & MARGARET YOUNG $ 60.00 DELRAY, PB 6, P 97, PUBLIC (HUSBAND AND WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL. 317 SW 5TH AVENUE (RECORDING) (326 SW 4TH AVE.) DELRAY BEACH, FL. 33444 LOTS 10 TO 16 INC., BLK 15, WILLIE {AlRIGHT $ 85.00 TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING) COUNTY, FL. (217 SW 7TH AVE.) LOT 56, SUNSET PARK, DELRAY, MANUEL MOREDA $ 71.25 PB 12, P 65, PUBLIC RECORDS, MANUEL E. MOREDA 12.50 (AD~1. COST) PALM BEACH COUNTY, FL. P.O. BOX 1953 (RECORDING) (MANGO DRIVE) DELRAY BEACH, FL. 33447 -3- Res. No. 34-1j0 LOT 57, SUNSET PARK, DELRAY, MANUEL MOREDA $ 71.25 PB 12, P 65, PUBLIC RECORDS, MANUEL E. MOREDA 12.50 (ADM. COST) PALM BEACH COUNTY, FL. P.O. BOX 1953 (RECORDING) (MANGO DRIVE) DELRAY BEACH, FL. 33447 LOT 58, SUNSET PARK, DELRAY, MANUEL MOREDA $ 71.25 PB 12, P 65, PUBLIC RECORDS, MANUEL E. MOREDA 12.50 (ADM. COST) PALM BEACH COUNTY, FL. P.O. BOX 1953 (RECORDING) (MANGO DRIVE) DELRAY BEACH, FL. 33447 LOT 59, SUNSET PARK, DELRAY, MANUEL MOREDA $ 71. 25 PB 12, P65, PUBLIC RECORDS, MANUEL E. MOREDA 12.50 (ADM. COST) PALM BEACH COUNTY, FL. P.O. BOX 1953 (RECORDING) (MANGO DRIVE) DELRAY BEACH, FL. 33447 LOT 49, SUNSET PARK, DELRAY, ANPE INC. $16~.50 PB 12, P 65, PUBLIC RECORDS, P.O. BOX 3215 25.00 (ADM. COST) PALM BEACH COUNTY, FL. BOYNTON BEACH, FL. 33424 (RECORDING) (SW 10TH ST. & MANGO DR.) LOT 50 (LESS SI0'), SUNSET ANPE INC. $162.50 PARK, DELRAY, PB 12, P 65, P.O. BOX 3215 25.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33424 ( RECORDING) COUNTY, FL. (SW 10TH ST. & MANGO DR.) WLY225.40' OF N300' OF S330' D. E. & ANNIE B. GERMAN $250.00 OF SE 1/4, SUB. OF SEC. (HUSBAND & WIFE) 50.00 (ADM. COST) 12-46-42, PUBLIC RECORDS, PALM 14675 VIA FLORA (RECORDING) BEACH COUNTY, FL. DELRAY BEACH, FL. 33484 (BRANDON DRIVE) LOT 1, BLK 1, SWINTON OAKS, DOUGLAS E. STEWART $175.00 PB 47, P 74, PUBLIC RECORDS, E. D. STEWART, JR. 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 1928 S. DIXIE HIGHWAY ( RECO RD ING ) (SE 1ST AVENUE) W. PALM BEACH, FL. 33401 E15' OF LOT 2, BLK 5, OSCEOLA J.L.& MARGARET PATTERSON $145.00 PARK, PB 3, P 2, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 4517 TENELLA ROAD ( RECORD ING) (SE 5TH STREET) NEW BERN, NC. 28562 LOT 5, BLK 122, WELLBROCK SUB., GRS PENSION TRUST INC. $300.00 PB 24, P 219, PUBLIC RECORDS, P.O. BOX 3141 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING (227 NE 7TH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER, CONSTITUTING HAZARDS¡ DECLARED NUISANCE. -4- Re s. No. 34- 9 U ,~ '·1 ---- -- ~-- ____ ______._ ~_.__.~ .__ -_ __ - - - _____.~. - - _.._ ._ - ._...__.__ _u ____ ._....~ _._ --------- RESOLUTION NO. 35-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 Rnd 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neqlected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray neach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in -;1 4<-1 ---------- .. ._----- ~- - -- -------. ~---_._---_.__._._- -----..-- -----.------ -- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS' Section 1. That assesnmAnts in the individual amounts a~ shown by the report of the City Manager of the Ci~y of Delray Reach, involving the Ci ty' s cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied again~t the parr.el(s) of land described in said report and in the amount(s) indicated therAon. Said assessments so levied shall, if not paid within thirtv (30) days after mailing of the notice described in Sec. 3, become a lien upon the reopective lots and parcells) of land described in said report, of the same nature and to the same Axtent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assesoments are levied. Section 3. That the City Clerk of the City of Delray Reach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Reach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and intArest will accrue at the rate of 8% per annum, plus reasonable attornAY's ~ees and other costs of collecting said sums. A Notice of ~ien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days aftAr the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: - City Clerk - 2 - Res. No. 35-90 '" CODE ( ABATING NUISANCES UNDER APTER 90 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT S50'OF N327' OF E155'/LESS D. & RUBY L. KING (H&W) $ 238.90 E20'RD R/W, BLK 2, TOWN OF 222 NW 7TH AVE. 50.00 (ADM. COST) DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL. 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL. (222 NW 7TH AVE.) LOT 16, BLK 3, DELRAY SHORES, LUCKNER TELUSME & $ 238.90 PB 24, P 33, PUBLIC RECORDS, DENISE MaNVIL & 50.00 (ADM. COST) PALM BEACH COUNTY, FL. MICHAEL TELUSME (RECORDING) (1 DOLPHIN DR.) 1 SE DOLPHIN DR. DELRAY BEACH, FL. 33445 LOT 32, BLK 5, DELL PARK, RAYMOND J. & BEATRICE $ 38.90 PB 8, P 56, PUBLIC RECORDS, M. GREAVE (H&W) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 3585 EDGAR AVE. (RECORDING) (241 NE 11TH STREET) BOYNTON BEACH, FL. 33436 N60.37' OF S181.1l' OF THE PT ADMETON & MARIE A. $ 38.90 OF LOT 38 LYG E OF NE 3RD DORMEZIL (H&W) 65.00 (ADM. COST) AVE. & W OF FEC RY, SUB. OF 126 NE 17TH STREET (RECORDING) SEC. 9-46-43, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 PALM BEACH COUNTY, FL. (1709 NE 3RD AVE.) LOT 18, BLK 15, DELRAY SHORES GLORITH A. STEPHENSON $ 38.90 1ST ADD. PB 24, P 33, PUBLIC 13953 CORAL WAY 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL. 33445 ( RECORD ING) FL. (13953 CORAL WAY) VIOLATION IS: SECTION 90.03 - STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS. -3- Res. No. 35-90 "'. · J ~ i: ,I i: RESOLUTION NO. 36-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING 'I OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ,! ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- Ii TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE 'I !: SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR i' II THE MAILING OF NOTICE. Ii Ii the Building Official or his designated representative " WHEREAS, II has, pursuant to Chapter 165, of the Code of Ordinances, declared the ! !I existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for II violation of the building codes and building requirements adopted by I, Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- " 'I 'I inances; and, If Ii WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of I' the City of Delray Beach, the Building Official or his designated il representative has inspected said land(s) and has determined that an II unsafe building existed in accordance with the standards set forth in II Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish II the respective owner(s) of the land(s) described in the attached list I: with written notice of unsafe building and detailed report of conditions , and notice to vacate as the Building Official determined that the \1 II building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances II describing the nature of the violations and sent notices that the build- ,I ing was to be vacated and that the building was to be repaired or I, II demolished; work must be begun within sixty (60) days and all work must II be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) II days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would II have the authority to have the building demolished from the date of the said notice; and, I' II I WHEREAS, all the notice requirements contained within Chapter " I' 165 have been complied with; and, ,I II WHEREAS, neither an appeal to the Board of Construction Appeals II or corrective action was undertaken in accordance with the order of the I' Chief Building Official; therefore pursuant to Section 165.41 the Build- II ing Official caused the abatement action to be done; and, Ii II WHEREAS, the City Manager of the City of Delray Beach has, I¡ pursuant to Section 165.42 of the Code of Ordinances of the City of I Delray Beach, submitted to the City COl1U1\ission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 3~ , , , "" - . ( J l Ii " ¡ ~ Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty ( 30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land descr ibed in said report, of the same nature and to the same extent as the lien I for general city taxes and shall be collectible in the same manner and with the same penalties and u nd er the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are ,I levied. i i' Section 3. That the City Clerk of the City of Delray Beach is J: ~ 1 hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be I: placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of I, collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R Ii ATTEST: 1 Ij I: I ! i I City Clerk ! - 2 - Re s. No. 36-90 : . NOTICE OF ASSESSMENT Date TO: GRS Pension Trust c/o Mona Simnson ) ADDRESS: 1600 North Federal Hiihwav. Delray Beach. Fl 33444 PROPERTY: 227 NE 7th Avenue. Delray Beach. Fl 31444 ( LEGAL DESCRIPTION: Lot 5. Blnck 122. WellhTn~k a~~nTdini tn Pl~t Bnnk 24, Page 219 of the official records of Palm Beach County, Fl , ~ You, as the record owner,of, or holder of an interest in, the above- described property are hereby advised that a cost of $66.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1990, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 10-5-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-9-89 at a cost of $nn nn which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk . ,'¡¡j I :..) -fb ;! RESOLUTION NO. 37-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE ! SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- i inances: and, I WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list :i with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and " public welfare pursuant to Chapter 165, of the Code of Ordinances I , describing the nature of the violations and sent notices that the build- I' " ing was to be vacated and that the building was to be repaired or I , demolished: work must be begun within sixty (60 ) days and all work must ;¡ II be completed within such time as the Building Official determines, said 1 I: notice also advised that all appeals must be filed within thirty (30) ,: days from the date of service of the notice and failure to file an .. " appeal or to make the repairs required that the Building Official would , have the authority to have the building demolished from the date of the ! said notice: and, " , WHEREAS, all the notice requirements contained wi thin Chapter , 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, , , WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of , De 1 ray Be ach , submitted to the City Conmission a report of the costs i incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, ¡i " WHEREAS, the City Commission of the City of Delray Beach, 'I pursuant to Chapter 165, of the Code of Ordinances desires to assess the I, I " Ii cost of said condition against said property owner(s). :1 I, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i, 3q 'I I' d I : : I H;I - - t \ ~ () 1\ " " " Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and i with the same penalties and under the same provisions as to sale and " foreclosure as City taxes are collectible. ! Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are ¡ levied. I Section 3. That the City Clerk of the City of Delray Beach is d hereby directed to immediately mail by certified mail, postage prepaid, ¡! return receipt requested, to the owner(s) of the property, as such 'í I ownership appears upon the records of the County Tax Assessor, notice(s) ;¡ that the City Commission of the City of Delray Beach has levied an assess- I: ment against said property for the cost of abatement action regarding an ,I !j unsafe building by the thirty (30) days after the mailing date of said 'I Ii notice of assessment, after which a lien shall be placed on said proper- ,I ty, and interest will accrue at the rate of six percent (6 %) pe r annum, i: plus reasonable attorney's fees and other costs of collecting said sums. " II Section 4. That this resolution shall become effective thirty I: :1 (30) days from the date of adoption and the assessment(s) contained Ii herein shall become due and payable thirty ( 30) days after the mailing I' date of the notice of said assessment(s), after which a lien shall be ,I placed on said property(s) , and interest shall accrue at the rate of six II percent (6%) per annum plus reasonable attorney's fee and other costs of I, II collection. ,I ¡i :1 II Section 5. That in the event that payment has not been re- I! ceived by the City Clerk within thirty (30) days after the mailing date Ii of the notice of assessment, the City Clerk is hereby directed to record Ii a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- Ii " fied copy of this resolution a lien shall become effective on the :' Ii subject property which shall secure the cost of abatement, interest at Ii the rate of 6%, and collection costs including a reasonab le attorney's II fee. I, " Ii PASSED AND ADOPTED in regular session on this the day i! I of 1990. , , I: ,I Ii ,I MAY 0 R I, ATTEST: City Clerk \ - 2 - Res. No. 37-90 ,t "'1 NOTICE OF ASSESSMENT Date TO: Richard and Sudeina Brunet ADDRESS: 1226 SW 22nd Avenue, Delray Beach, Fl 33444 PROPERTY: 1226 SW 22nd Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 2, Block 8, Delray Beach Hi~hlands Section 1 accordin~ to Plat Book 26, Page 209 of the official records of Palm Beach County, PI ~- You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $1,388.20 by resolution of the City Commission of the City of Delray Beach, Florida, dated , , 19 . has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action , regarding the above-described property. You were given notice on 11-30-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the abòve-des~ribed property on 1-9-90 at a cost of $1,388.20 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days. that cost shall be recorded on the official Records of Palm Beach County. Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk - --.--- ,~ ',I -, ~ '; ) ,I RESOLUTION NO. 38-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU- " TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE , ~ SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR THE MAILING OF NOTICE. WH EREAS , the Building Official or his designated representative Ii has, pursuant to Chapter 165, of the Code of Ordinances, declared the " existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for ,I :! violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- i inances: and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in " Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish i! the respective owner(s) of the land(s) described in the attached list 'I with written notice of unsafe building and detailed report of conditions II 'I and notice to vacate as the Building Official determined that the II building was manifestly unsafe and is considered a hazard to life and 11 public welfare pursuant to Chapter 165, of the Code of Ordinances II describing the nature of the violations and sent notices that the build- 1, ing was to be vacated and that the building was to be repaired or demolished: work must be begun within sixty (60) days and all work must II be completed within such time as the Building Official determines, said II notice also advised that all appeals must be filed within thirty (30 ) II days from the date of service of the notice and failure to file an :1 i ~ appeal or to make the repairs required that the Building Official would ,. !I have the authority to have the building demolished from the date of the :i said notice: and, I' ,i il WHEREAS, all the notice requirements contained within Chapter " !I il 165 have been complied with: and, 'I Ii I] WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the ¡: Chief Building Official: therefore pursuant to Section 165.41 the Build- ¡ ing Official caused the abatement action to be done: and, ;! \: WHEREAS, the City Manager of the City of Delray Beach has, II Ii pursuant to Section 165.42 of the Code of Ordinances of the City of II De lray Beach, submitted to the City Commission a report of the costs I incurred in abating said condition as aforesaid, said report indicating I the costs per parcel of land involved: and, I WHEREAS, the City Commission of the City of Delray Beach, II pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 1\ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 40 ,I II ! !i , " I Ii Ii I I' i, 11 ( J l Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parce 1 ( s ) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. ! Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty ( 30) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record ,I a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. 11 MAY 0 R ,I ATTEST: I! j: :, 'I Ii I; City Clerk ! I: I' 1\ !I 'I I, I' ,I " ii I, I, 'I ,I " !, II - 2 - Res. No. 38-90 II 14'1 - .~ I NOTICE OF ASSESSMENT Date TO: Security and Investment Corporation of the Palm Beaches ADDRESS: c/o Stierer, Amendola and Kaplan, 224 Datura St. Ste. 1401, West Palm Bch,F133401 PROPERTY: 130 SW 3rd Avenue, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lot 13, Block 38, resubdivision of South ~ of Block 38 and North 2 of Blk. 39, Town of Delray according to Plat Book 11, Page 34 of the official records of ~- P~lm !each Goun~y, rlor~da You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost Of$I,717 ~n by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 1-10-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the abóve-des~ribed property on 1-13-90 at a cost of $1,732.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of thè Building Official. BY ORDER OF THE CITY COMMISSION. I City Clerk f4'1 ---- --- ~--- - -<-- __u.__ ,--_.--- --- . - -------._-._--- . _. ----'----'--~- - -------~----- --~--~---------- -~-------~-------- ,-.---.- RESOLUTION NO. 39-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO REPEAL THE SENATE AMENDMENT TO HOUSE BILL 30 WHICH NULLIFIES THE FLORIDA INLAND NAVIGATION AND WEST COAST INLAND NAVIGATION DISTRICTS AUTHORITY TO SPONSOR OR PARTICIPATE FINANCIALLY OR OTHERWISE, INCLUDING THROUGH GRANTS, WITH ANY LOCAL, STATE OR FEDERAL AGENCIES LOCATED WITHIN THE DISTRICT. WHEREAS, it has come to the attention of the City Commission of the City of Delray Beach that House Bill 30, ,passed on March 6, 1990, repealed the provisions of Chapter 85-200 and Chapter 86-286, Laws of Florida, which abolished the Florida Inland Navigation District and the West Coast Inland Navigation District effective October 1, 1990; and, WHEREAS, as a result thereof, an amendment was attached to this bill which repealed the authority for these Districts to sponsor or participate financially or otherwise, including through grants with any local, state, or federal agencies within the Districts, and; WHEREAS, said amendment places an undue financial burden for improvement of waterway areas on local, state, or federal agencies within the Districts; and, WHEREAS, the abolition of grant funding is· clearly not in the best interest of a majority of the municipalities previously supported by Florida Inland Navigation/West Coast Inland Navigation Districts grant programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Florida Legislature is strongly urged to repeal that portion of the amendment attached to House Bill 30 which revokes the Florida Inland Navigation/West Coast Inland Navigation Districts authority to sponsor or participate, financially or otherwise, including through grants, with any local, state, or federal agencies within the Districts. Section 2. That the Florida Legislature is likewise strongly urged to grant authority to approve applications for funding which were pending prior to adoption to House Bill 30. Section 3. That the City Commission of the City of Delray Beach hereby requests support from all other municipalities in Palm Beach County urging each and every other municipality to pass a similar resolution in opposition to House Bill 30 as the passage of such could have a severe financial impact on governmental entities previously sponsored by Florida Inland Navigation/West Coast Inland Navigation Districts grant program. Section 4. That the City Clerk of the City of Delray Beach is hereby authorized and directed to distribute this resolution to each and every other municipality within Palm Beach County and to the Florida House of Representatives. Section 5. That this resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk 41 ";1 ! ~._-- . - --- .._--- --~_. _._- --- -- ---- - --- ---- - --- -.---_.--------_.. ._-- .----...- - --- - --- ----~-------_.--_.- RESOLUTION NO. 40-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO NOT ADOPT HOUSE BILL 2113, WHICH IF PASSED WOULD DRAMATICALLY INCREASE THE TORT LIABILITY OF GOVERNMENTAL ENTITIES UNDER FLORIDA'S SOVEREIGN IMMUNITY STATUTE, F.S. SECTION 768.28 BY REMOVING THE PER INCIDENT OR OCCURRENCE LIMIT OF $200,000 AND BY ADDING COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, TO THE PER PERSON CLAIM LIMIT OF $100,000. WHEREAS, it has come to the attention of the City Commission of the City of Delray Beach that House Bill 2113 has been filed in the Florida House of Representatives, which if passed into law, would dramatically increase the tort liability of governmental entities under Florida's Sovereign Immunity Statute, F.S. Section 768.28, by removing the per incident or occurrence limit of $200,000 and by adding costs, to include reasonable attorney's fees, to the per person claim limit of $100,000, and; WHEREAS, House Bill 2113 eliminates the per incident or per occurrence dichotomy with respect to claims or judgements against the state and its agencies and subdivisions, and; WHEREAS, elimination of the per incident or occurrence limitation will cause the number of claims arising from a single incident or occurrence to be limited only by the number of persons injured in a single incident and/or the number of additional claimants, namely, spouses and dependents, asserting claims based upon an injury to a single person $100,000 limit, and; WHEREAS, House Bill 2113 eliminates the requirement to provide notice to and complaint service on the Department of Insurance, and; WHEREAS, passage of House Bill 2113 would have a potentially severe financial impact on governmental entities protected under Florida's Sovereign Immunity Statute, F.S. Section 768.28. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Florida Legislature is strongly urged not to adopt House Bill 2113, which if passed would dramatically increase the Tort liability of governmental entities under Florida's Sovereign Immunity Statute, F.S. Section 768.28. Section 2. That the City Commission of the City of Delray Beach hereby requests support from all other municipalities in Palm Beach County urging each and every other municipality to pass a similar resolution in opposition to House Bill 2113 as the passage of such could have a severe financial impact on governmental entities protected under Florida's Sovereign Immunity Statute, F.S. 768.28 Section 3. That the City Clerk of the City of Delray Beach is hereby authorized and directed to distribute this resolution to each and every other municipality within Palm Beach County and to the Florida House of Representatives. Section 4. That this resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of , 1990. MAYOR ATTEST: CEY CLERK 42 Insurance M~nt SIVER The following infonnation is furnished to keep our clients informed of matters that may affect their insurance programs. March 20, 1990 SUBJECf: 1990 Florida Legislative Session House Bill No. 2113 Proposed Amendment of Florida Statute 768.28 . Sovereign Immunity A bill has been filed in the Florida House of Representatives (HB 2113) which, if passed into law, would dramatically increase the tort liability of governmental entities under Florida's Sovereign Immunity Statute, F.S. Section 768.28, by removing the per incident or occurrence limit of $200,000 and by adding costs (to include reasonable attorney's fees) to the per person claim limit of $100,000. We have attached a copy of HB 2113, including the House Summary which states that: "With respect to tort liability of the state and its agencies and subdivisions, eliminates the per incident or per occurrence dichotomy and provides a single limitation on tort judgments or claims of $100,000 plus costs. Provides that costs shall include reasonable attorney's fees." The single limitation on tort claims or judgments of $100,000 (plus costs) is applicable to a claim or judgment by "anyone person", which is consistent with the present statute. However, without the per incident or occurrence limitation, the number of claims arising from a single incident or occurrence which may be brought within the $100,000 limitation is limited only by the number of persons injured in a single incident and/or the number of additional claimants, namely, spouses and dependents, asserting claims based upon an injury to a single person. The potentially severe financial impact of this bill must be carefully reviewed by all affected governmental entities and its negative implications brought to the attention of each ~ntity's legislative representatives. We will keep you apprised of any further developments concerning HB 2113. Prepared By: Steven w. Cordes, 10. CPCU SWC/#1 W,? " " ~ HBI Attachment ~ 1- . 1 . WH t'RËCEIVEO", M'R o 2 90 MEMORANDUM COM.,. SVes. GROUP TO: Robert A. Barcinski Asst. City Manager/Community Services THRU: William H. Greenwood ¿;/~ß.3/z.VlfO Director of Public Utilities Larry Martin ,i~:i "f . , FROM: Deputy Director of Public UtilitiesC~~ SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 10, 1990 - PROJECT NORTH FEDERAL HIGHWAY SANITARY SEWER DATE: March 28, 1990 Item Before City Commission Request City Commission to approve the proposed estimate by Southern Pipeline, Inc. to install 1941 sanitary sewer main located on North Federal Highway in the amount of $14,000.00. Background Public Utilities is concluding installation of the North Federal Highway Sewer. The installation of this additional 194 feet of sanitary sewer and additional manhole would create the opportunity for the two adjacent properties to the south to be served. This would serve as the link which would accommodate the discharge from a future lift station to be installed in the area. Recommendation Staff recommends City Commission approval of the installation of this sanitary sewer and manhole. Funding source will be from account number 441-5161-536-60.66 - Sewer System/Mains & Lines. t . , ~ . r t í t L\4 f\ " 'j ,¡ 1 ¡ ,'. ~ SOUTHERN PIPEUNE, INC. . . ..~ t~ UTIUTIES CONTRACTOR :, 1471 Neptune Drive 'ir. Boynton Beach, Florida 33426 "", (407) 732-6711 -, ). . '.. '" ; ..., City of Delray Beach March 26,1990 ;,,- Utilities Department 100 N.W. 1st. Street -~~ Delray Beach, Florida ::' ;, j,,' .... Project - North Federal Hwy. sanitary Sewer Delray Beach, Florida ... ,,{': RE: Installation of 194' of 8" P.V.C. sanitary sewer main with Ii .. ' one manhole, one 6" lateral and tie into existing manhole. ~ Southern Pipeline will provide all material, labor, equipment "i~' tools and incidentals for project. 'I' ~: . , Invert tie in at existing manhole, elv. 4.10 ¡, } i 1 Precast Manhole 4'dia., ring and cover. Cut 10.25 .1- ~.' '¡'; 1 Tie into existing manhole with rebuilt invert channel. " Core Drill 14" hole ~+~ .; , Cut 10.50 ;~ . 194' 8" P.V.C. 35 -!i: S.D.R. t~,:· 26' 6" P.V.C. S.D.R. 35 ~." ~ 1 8"x 6" P.V.C. Tee wye 1 6" P.V.C. 45 Bend .'¡ 1 6" P.V.C. Cleanout complete .': 2 8" Manhole Adapters 2000 Sq. Ft. Sod Replacement ':~;' 175 SQ~ Yds. Asphalt Replacement , 45 Tons Shell Rock ".. c, 30 Tons 3/4 wash rock '.: " 1 Fence removal and replacement '1 ..'. ", Sanitary Sewer Total 14,000.00 .' . 1- Permits and fees by others. > 2. Density test by others. <, 3. Connection of building to lateral by others. , ~~~ ~& Doug Fox ) .¡. . , I . , . . ; ~ ~ . . r ..>-I I M E M 0 RAN DUM TO. Robert A. Barcinski, Acting City Manager THROUGH. John W. Elliott, Jr., Assistant City Manager/ J:W. £,(S~ ManageMent Services FROM. Ted Glas, Purchasing Director ~~ DATE. March 30. 1990 SUBJECT. DOCUMENTATION - CITY COMMISSION MEETING - APRIL 11, 1990 - PURCHASE AWARD - ~l~_IQti_elC~=Ue_EQB_SIBEEI_U¡~¡SlQ~ ¡tgð_a.!g~._~1t~_Cgðð1~~1gDL City C~Mission is requested to award contract to Regency Dodge, Inc.. for one <i) 3/4 ton pickup truck, at a cost of $11,026. pe~th. Budget Director, fUnd!ng is fro~'~J~~U~~:_~~j'~_ <_ ':öm._~~__~_fj~ ~J:. ·~~_.=:....A-uk~.Qf~\l:L)· 4¡!;'/f 0 a.~luu::gYIHtJ. An approved requisition has been received froM the Street Division for one (1) 3/4 ton pick-up truck. A Dodge D-2~0 truck is available via Florida State Contract, at a cost of $11,026., per attached work sheet. B.~gðð.Dd.t1gD.1 Staff recoMMends award of this purchase to Regency Dodge, Inc. , at a total delivered cost of $11,026. , via Florida State Cont ract. Funding as stated above. ej;t.C;bð.Dj;~.1 MeMo fro~ Public Works DocuMentation on State Contract pc Gate. Castle David Harvell ~qß 'il.¡ MEMORANDUM TO: Ted Glas Purchasing Director FROt-! : ~ David M. Harvell Ç::.~ Acting Assistant Director of Public works DATE: March 2i, 1990 SUBJECT: 3/4 TON PICK-liP (PUBLIC wORKS/STREET MAINTE~ANCE) Please proceed with the purchasing of the subject vehicle, utilizing state contract :;:OiO-001-90-1. This vehicle should include the options of air conditioning ;;5001 and AM/PI radio ;;5002. Funding is available in account ;;001-3113-541-60.84. Thank you in advance for your assistance. DMH:mc . . , , : . I . f " j ~ 1 1 ¡q 3/4 Ton Pick-Up Truck (4x2) state Contract #070-001-90-1 Contractor: Regency Dodge Dodge D250 Base $10,352.00 Air Conditioning 674.00 AM/FM Radio 113.00 $11,026.00 . ¡ I '. .. r i t ~ ~ . ¡ ' I "',j _.'".--;....~....~ . '. r - L....- _ - - - .~_n w n..... eoa=::...... , #IØ ..... DE'AanlL'., or GD"EIW. Bllnca ......- .. ..... ...,... . ..,.,...c.... ..... 1tSIn"lln C'Dfta .-.-. ...... ....... ". . am C"D1U\1Pt øaan .·.·.c-·. ,.. e uw.u ........ . a11'l ... 'o. ~. ..-.. ... 'if.. ........ . ".I.UI..... n..1M If .. ...,. c ...... . f!............ ,... ....... .Ct,..... . ..."..... ..'" C..'fM ,.. '. 0.. . c__.-.. .._ ft.... .-..."' ,.. 'uit. 220 ~~R~!P!~ATrðN OP ~QNT~ TITLE: AutoaoÞ11.. , Ll0ht Truck. CONnACT NO.: 070-001-'0-1 811) HO.: "'-070-001·' U'ICTIVE : OCtober 2~. 1'" thrOUGb OCtober 24. 1990 ~AAC":,,1t (S) : &De Attached List IU'!UEDU: 070-001-"-1 A. Atn'HORI'I'Y - Upon .!!imative ecUon tùen br tM SUte 01 'lorida DepartMnt of GeMral '.rvic.. Oft OCtober 24. 1"'. a contract baa been executed bet wen t!Mt State of 'loridA and the desipatod contractor.. I. M"~ - Thi. contract w.. .ntered 1nto to provide econœ-te. in the purcN.. o! Auto-obile. and L1,bt TrucU br all 'tate 01 'lorida a,enci.s and iut1tut1ou. '!Mr.tor.. iD I ':' co.pli&ftC. with section 21'.042. rlorida 'tatute.. all I purcba... o! the.. co...o41 tie. abell be Mde under tile teru. I pric... ..'US conditions 01 thi. contract and vttb tbe .uppl1er. ¡ speci'1ed. c. ORÐ~.tHft YN~~R~ION~ - All purchaae order. .hall be i..ued 1D aC'COrdance with tbe attec:becI orderiD9 iuU'UCUona . Purc:ba.er ahall order at the price. 1ftd1cated. exclusive of all feder.l. .t.te pel locAl tue.. All contrAct pure-...... order. ahall .boI tile Div1.1on ot Purcha.1no contr6cf nua.bor. prOftuct DUllber. quantity. deacr1pt1on of it.... with unit. prl'... uteradecl and pun:ba.. order totaled. (Thi. cOQuir...nt ..y be waived wbeft purcbue 1. aade by a blanket purchase order.) UpoD 1..uanc.. one copy of .och purchas. or~..r .holl be forwarded to thi. .,tt1c.. a. prov1ded in t.he D1vl.1on o! 'urchoalnG lule lJA-1.00.. Florida ~n1.trat1Y. Code. IM\'NIt'-.. ..~.... ......"" ."."". . "...-. ...·..u ._ .......... ~ ..._... ..... ~...._.. -......... ......... ...... .... ......"'- . ........'... ...",.... .............." DUJ'''aaw; Cu\...,.,.,... s..... . f t" . f .. J ~ ] 1 '.,'1 I 070-500-420 (5 ) 3/4 TON PICKUP TRUCK (4X2) CHEVROLET C2S00, OOOOE 0250, FORD F2S0/F2S0 H.D. 4X2 ~~ APPROVED EQUIVALENT NOTE: This detailed specification is not complete unless it ia uaed in conjunction with Specification Number GRLV-l, General Requirements All Light Vehicles, dAted 8/03/89. 10. ENGINE: A. GAsoline engine, ve, minimum S.OL (302 CrD) and 170 Net HP. The following engines, or approv~d equivalent, are accepta!:.le: chrysler: S.2L (318 CID), 170 Net riP IEFI) Ford: 5.0L (30;;' ., . 185 Net HP (EFI) ~ I I GK: S.O!, (305 CIO), 175 Net HP (EFI) . . 'inimum 60 a·,'l alternator; minimum jOù CCA @ 0 degrees F. heavy-duty battery. '0. TRAN<)M..SSION: Au~omatic transmission, 3-speed, minimum. 30. AXLES: Mauufacturer's standard rear axle ratio for specified engine-transmission combinat~on. 4~, PERFORMANCE ITEMS: A. Factory installed ammeter or voltmeter, fuel, oil presaure And coolant temperature gaugea. B. Pow\.r steering. 50. COtiFORT ITEMS: see General Req~ire~ents ~ll Light Vehicles. 60. SAFETY ~TEMS: A. outside mirrors, LH & RH sid'}s; inside rearview mirror. B. Power brakeu. FActory inatalled. 70. TIRES , WHEELS: Five (5) LT215/85R16C or larger radial 8SW LT-Metric 16" highway ~r sll seasona tread tires. Spare tire, wheel and rack, frame mounted. 80. CHASSIS, FRAME, CAB: A. Minimum 6600 lba. GVWR, factory certified. 8. Minimum 131" wheelbaae. C. Fleetaide or approved 9quivalent b~dy, minimum 7'11" inaide length. D. Fron· bumper, heavy-duty rear atep bumper, both facto:y inatalled. 90. CONDITIONS: See General Requirements All Light vehicles I HP 7/24/89 1 of 6 -- 257 , . t . \ , , ~ ~ . .. í .', 070-500-420 ( s) HASE [NTTS n\,I.Y HAKE~O, 1250. C2500 ITEM CONTRACTOR DISCOUNT· MODELl PRICE We-stttrn District REGENCY __ 60 D250 10.342.00 (A) Northern District DUVAL - 0 F250 10.583.00 (8) Central District DIMMITT 0 C2500 9.81-'1.33 (C) Southern Dlstrict REGENCY - ____7~_ D250 10.352.00 (D) H.\S¡: 1 f:\: ns \\'1'I1! nPTT n\'~' !1Þ.J<E~. F250. C2500 ITE~ CONTRACTOR DISCOUNT· MODEL' PR!CE W0stern nistr~ct ....ßEGENCY 60 ~\) 10,342.00_(A) Northern ~istrict REGENCY 20 .:>250 - 10.302.0'.) (8) central District _UGENCY 50 0250 10.332.00 (C) Southern District ...ßEGENCY 70 0250 LO.352.00 (D) -Discount per unit for vehicle picked up by ordering agency at contractor'3 place of busin..5. OPT1vNS: *1001. Ga.oline engine, V8, minimum S.7L (350 e1D) and 190 Net HP. The following engine., or approved equivalent, are acceptable, ehrya.ier: S.9L (360 eIOI, 190 Net HP (ErI) Ford: S.8L (351 CIO), 210 ~et HP (EFI) GM: 5.7L (350 eIO), 210 Net HP (Ell) ORDER COOE MG PRICE 169.00 ALL \ *1002. Ga.olin~ engine, va, minimua 7.5L (460 CIO) and 230 Net HP. The followinc; .ng_ .e, or approved e~wival~~t, i. acceptable, Ford, 7.5L (460 eIO), 230 Net HP (ErI) ORDER CODE - PRICE Nilt. ~ (2 ) wl003. Oi..el engine, 16 or ve, minimum 5.9L (J60 CIO) and 130 Net HP. The following engine., or approved equivalent, are acceptable I cUII\IBin., 5.9L (360 CIDI, 160 Net HP (Dle.el) Ford: 7.3L (444 CIO), 180 Net HP (Die.el) '1MI 6.2L (379 C10), 130 Net HP (Oi..el) REO. OPT/8009 ORfJER CODE _.12L..U~^- PRICE~900.00 ALL (3) 2001. Manual tr4n..i..ion, 4-apeed, minimum. ORDER CODE,--.-CO_ _____.____ __ PRICE_.L.6.l.L~&. -AlJ,(4) N/A w/OPT 100': VENDOR NAMEI DIKH1~,REa!NCY.oUV~ _ - I ,2S8'ENDOR NI.ìMaERI -- , I ~ t , . .' t " .. . . " ¡ -~--- ~ 070-500-420 (5 ) MAXE D250.l'250.C2500 OPTIONS: (continued) 2002. Manual overdrive transmission. S-speed, minimum. REQ. OPT 1003 ORDER CODE DO PRICE (Ha.OOl CR ALL ("I) 2003. Automatic ov.rdriv. tran.mia.ion, 4-.pe~d, minimum. ORDER CODF. GD PRICE STD ALL (6) '004. Transmission oil-air cooler, factory or dealer in.talled. Incr....d cap.city oil-water cooler not acceptable. Retain maXlmum engine cooling. ORDER CODE OCIV PRICE 55.00 ALL (7) 2005. HD trailer towing equipment, factory in.talled, for trail.r. w.ighing up to 5000 lb.. fully loaded. Include., in addition to .tandard .quipmentl tran..i..ion oil - air cooler (may be dealer in.talled if factory install.d not avail.bl.), HD front and rear .hock ab.orb.r., numerically high.r r.ar axle ratio, HD electrical .ystem (sa~ a. ba.. or larger), HD fla.h.r, and HD wiring h.rn.... Do not include hitch. ADP BCG ORtlER CODE BAN PRICE 365.00 ALL (8) 3001. Optional rear axle ratio(.). Slate ratio(.} bid. SEE DEALER FOR LIMITED ORDER CODE VAN _ PRICE 39.00 ALL (9) USAGE AXELS 3002. Limit~d .lip or locking differentiøl on rear axle. State ratio(.) avallable. ORDER CODE D5A-4.1 PRICE 221. 00 ALL (10) *5001. Air conditioning, f.ctory In.t.lled, with HD electric.l .y.te. (.... a. b... or larger) . Tint.d gl... all around, Factory tlnt.d. ORDER CODE HAA PRICE U4.00 ALL (11) *5002. AH/~M radio with rushbutton or el.ctronic tuning, factory installed. ORDER CODE RAL _ _ PRICI 113.,0 AU...(12) ·-5003. Electronic .peed control with re.ume feature, flctory in.tall.d. ORDER CODE_ A"K "MA _ PRICE_ 316.00 6LL...(13) VENDOR NAMI...lU&;"T'!'. REGENCY. DUVAL VENDOR NUMBER. KP 7/24119 3 of , I ,.~C-~ -- c.~'W . , I I '~ . t " ; " ~ . \ M E M 0 RAN DUM TO: Robert A. Barcinski, Acting City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Manage~ent Services FROM: Ted Glas, Purchasing Director :'Í~ DATE: March 30, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 11, 1990 - BID AWARD - BID .90-34 Bt~Ieb_Bt~ei!b!IeI!º~_EBºGBê~ !!~~~iw!g~._Çi!~_Çg~~i~~igD! City COMMission is requested to award contracts to contractors, as stated below, for rental rehabilitation projects totaling $104,993. Per the Budget Director, funding for the City's participation is frOM:_ur~J111~~~f~_~~~__(__________________ -------------------------------------). ~~~ì1o B~Ç.!!9.r9YDg.1 The COMMUnity DevelopMent Division handles and processes their for~al bids on rental rehabilitation projects. Purchasing's review of Bid .90-34 finds two of the three projects are recoI"IMended to the low responsive bidder. The third project, 702 S. W .' lOt h St reet , is r.co~~ended as a sole source contractor ~elected by the property owner in co~pliance with COI"I~nity DevelopMent Federal guidelines. f.rgQ..ri~ !;gDi.r.!;!gL ~gD!.t~!;! ÐegYD! 126-36 NW 2nd Ave. MJD Construction Services . 48,8~3. 70~ 1/2 NW 3rd St. MJD Construction Services 27,440. 702 SW 10th St. Southeast CO~Mercial Const. 28,600. ----------- $10",893. BC!:'QOrJ.Dd.Ati.QDJ. Co"",,unity Develop",ent Division reco~"'ends awards to contractors, a. stated above, at a total contract a~ount of $104,893. Funding a. stated above. e~.t..~bð.n.t2J. He",orandul"l froM COM",unity Dev.lop~nt Bid InforMation Sheets pc Lula Butler tf~ c., Dorothy Ellington ",j M E M 0 RAN DUM TO: MALCHOLM BIRD, INTERIM CITY MANAGER FROM: DOROTHY ELLINGTON, CD COORDINATOR o ?- THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: MARCH 26, 1990 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD In accordance with the City of Delray Beach Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Commission approval of one Rental Rehabilitation Deferred Loan. The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provided the detailed work write-ups, cost estimates for work specifications, and bid process on all eligible structures. Investors have the option of choosing his or her own contractor, and are required to escrow their share of the cost with the ci ty prior to the issuance of the Notice to Proceed. Inspection of work will be done by the City's Community Improvement Department and the Community Development Division. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specification and program guidelines. Pay requests will require both contractor's and owner's signatures. Funds will be disbursed on a dollar for dollar basis matching the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. RR14 . . I '. , . , l t II ~ , I r r '" RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING: CONTRACTOR PROPERTY RR DEFERRED TOTAL ADDRESS LOAN CONTRACT AWARD MJD CONSTRUCTION l26-136 N.W. 2ND AVE. $24,426.50 $48,853.00 MJD CONSTRUCTION 705 1/2 N.W. 3RD AVE. $13,720.00 $27,440.00 S.E. COMML CONST. 702 S.W. 10TH STREET $8,500.00 $28,600.00 RR14 . . I ~ . ; ; ~ , , " ¡ ~ ,~ CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 90- 34 - APPLICANT: EDD IE ODOM APPLICATION #: 89-07 ')RR PROJECT ADDRESS ~26-136 NORTHWEST 2ND AVENUE DATE OF BID LETTERS: MARCH 9. 1990 DATE OF BID OPENING: MARCH 22. 1990 NAME OF CONTRACTORS AMOUNT OF BID B & JR CONSTRUCTION $ 60.500.00 DARRYL L. COOK $ FIRST CONSTRUCTION OF THE PALM BEACHES,INC. $ 87.975.00 HENRY L. HAYWOOD $ MJD CONSTRUCTION SERVICES $ 48.853.00 TOMMY PRESTON $ ABISSET CORPORATION $ 62.270.00 J. JOY ROTHE INC. $ MURPHY/S.E. COMML CONST. $ CHAVEZ/BIME CAP CONST. $ IN - HOUSE ESTIMATE: $ 50,910.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 48.853.00 COMMENTS i.OW BID - BIDFORM/PGl , I f '. . r o. , ~ . ! ¡ '" CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 90-2 APPLICANT: C. GHOLSTON AND P. GADSON APPLICATION #: 89-006RR PROJECT ADDRESS: 705 1/2 NORTHWEST 3RD STREET DATE OF BID LETTERS: MARCH 9. 1990 DATE OF BID OPENING: MARCH 22. 1990 NAME OF CONTRACTORS AMOUNT OF BID B & JR CONSTRUCTION $ DARRYL L. COOK $ FIRST CONSTRUCTION OF THE PALM BEACHES,INC. $ 43.'57'5.00 HENRY L. HAYWOOD $ MJD CONSTRUCTION SERVICES $ 27.440.00 TOMMY PRESTON $ ABISSET CORPORATION $ 30.390.00 J. JOY ROTHE INC. $ MURPHY/S.E. COMML CONST. $ CHAVEZ/BIME CAP CONST. $ IN - HOUSE ESTIMATE: $ 26.080.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 27 t44O.OO COMMENTS: LOW BID - BIDFORM/PGl . , I t . ~ ì ~ . o¡..¡ CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID *: 90- NA APPLICANT: VALENTINO GABALDON APPLICATION #: 89-008 RR PROJECT ADDRESS: 702 SOUTHWEST 10TH STREET DATE OF BID LETTERS: NA DATE OF BID OPENING: NA OWNER SELECTED CONTRACT: MARCH 8. 1990 NAME OF CONTRACTORS AMOUNT OF BID B & JR CONSTRUCTION $ DARRYL L. COOK $ FIRST CONSTRUCTION OF THE PALM BEACHES,INC. $ HENRY L. HAYWOOD $ MJD CONSTRUCTION SERVICES $ TOMMY PRESTON $ ABISSET CORPORATION $ J. JOY ROTHE INC. $ MURPHY/S.E. COMML CONST. $ CHAVEZ/BIME CAP CONST. $ SOUTHEAST COMMERCIAL CONSTRUCTION INC. $28,600.00 IN - HOUSE ESTIMATE: $ 27,520.00 CONTRACTOR AWARDED CONTRACT: SOUTHEAST COMMERCIAL CONSTRUCTION INC. BID/CONTRACT AMOUNT: $ 28,600.00 COMMENTS: ACCORDING TO THE RENTAL REHABILITATION PROGRAM'~ PROGRAM nF~r.RTPTTnN, INVESTOR'S HAVE THE OPTION OF SELECTING HIS/HER OWN CONTRACTOR OR UTILIZING THE CITY'S OFFICIAL BIDDING PROCEDURE. - BIDFORM/PGl . , '. . r t " ; I 'i ~ ¡ I ~ ,~ MEMORANDUM TO: Robert A. Barcinski Acting City Manager FROM: William H. Greenwood Director of Public Utilities SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 11, 1990 - BID AWARD - BID 90-10 HYDROGEN PEROXIDE SYSTEM - ANNUAL CONTRACT DATE: April 5, 1990 Please be advised that we only anticipate an expenditure during the current fiscal year for Bid 90-10 in the amount of $60,000. Attached is a requisition for the anticipated expenditures. Estimate is based upon four months anticipated usage. Next year's expenditure estimate will be $193,000 and included in FY90/91 budget request. 1ItI.ð)(4 ~-.¿J William H. Greenwood WHG:smw ATT: . · I · ~ . ; : : , '-\.~1) ~ :' · · r "'-'j · I M E M 0 RAN DUM /'. " .'.),.." ... I" ... 0..) " ~ " /[:'~" ... ) ... ... I ... , / TO. Robert A. Bacinski, Acting City Manager ',:' ~ " THROUGH. John W. Elliott, Jr., Assistant City Manager/ Manage~ent Services FROM. Ted Glas, Purchasing Director ff.#-- DATE. April 2, 1990 SUBJECTs DOCUMENTATION - CITY COMMISSION MEETING - APRIL 11, 1990 - BID AWARD - BID .90-10 ~YaBg'EM_eEBg~lQE_SYSIEM_=_eMMUeL_CgMIBeCI It.ð_a.fg~._C1tx_Cgðð1..igD1 City Co~~is.ion is reque.ted to award annual contract for hydrogen peroKide .yste~ to PeroKidation Sy.te~., Inc. at an .sti~ated annual cost of approKi~ately .192,730. Per the Budget Director, funding is fro~'___~~L~ffLi~~!~~žç~(I_______ _~e.~4_______________________). B.~ kg~~:n.&DCh The City is currently using sodiu~ hypochlorite a. an odor control agent in the wa.tewater pu~ping syst.~. Bids were obtained for utilizing an alternate· process whereby hydrogen peroKide is added at the pu~ping stations for corrosion and odor cont ro1. The successful cont ractor wi 11 supply all ~et.ring equip"ent, che~ica1 and testing services n.eded for the proper use of hydrogen peroKide. The City of Boynton Beach is using the hydrogen peroKide sy.te", and ha. contracted with PeroKidation 9yste~s, Inc. Bids were received on January 30, 1990 fro~ two (2) cont ractors, all in accordance with City purcha.ing procedure.. (Bid .90-10. DocuMentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. B!!~g!!U~)gD~A1igDJ. Staff r.co"~.nds awa rd of annual contract for hydrogen perox ide syste... to Peroxidation Syste...s, Inc. , at an .sti~at.d annual cost of approKi"ately $192,730. Funding as stated above. êtt.~hl!l.Dt.J. Tabulation of Bids RecoMMendation froM Public Utilities pc Willia" Greenwood ; '.." TAB U L A T ION o F BID S BID t 90-10 HYDROGEN PEROXIDE SYSTEM January 30, 1990 VENDOR ITEM DESCRIPTION Davis Water & Peroxidation Waste Ind., Inc. Systems, Inc. t. INITIAL SULFIDE MONITORING - $1,695.00 $2,150.00 PER PUMP STATION 2a. DRY HYDROGEN PEROXIDE SYSTEM: <0.5 Igå $149.00 $250.00 0.5 Igd to 1.0 mgd $149.00 $250.00 >2.0 Igd $149.00 $250.00 2b. LIQUID HYDROGEN PEROXIDE FEEDER SYS. $369.00 $795.00 PER MONTH PER STATION: <0.5 IftQd 0.5 !gd TO 1.0 mgd $423.00 $795.00 t.O Iftgo TO 2.0 Igd $423.00 $795.00 >2.0 IIgd $488.00 $795.00 3a. GRANULAR HYDROGEN PEROXIDE / PER POUND $1.10 $1.35 < 500 1 bs ./month 500 - 200 lbs./month $1.01 $1.25 2000-5000 lbs./month $0.95 $1.15 >5000 lbs./month $0.91 $1.05 3b LIQUID HYDROGEN PEROXIDE / PER POUND $0.434 $.425 <500 lbs./llonth 500 - 200 lbs./lonth $0.417 $.409 2000-5000 lbs./lonth $0.407 $.395 >5000 lbs./lonth $0.389 $.380 COMMENTS/EXCEPTIONS Delivery 14 .. calendar days after receipt of order . f .~ . r . , , ~ ~ . "I , I ,p, MEMORANDUM TO: Ted Glas Director of Purchasing THRU: William H. Greenwood ~~~¡G)!rb Director of Public utilities FROM: Larry Martin Deputy Director of Public utilities SUBJECT: HYDROGEN PEROXIDE PROPOSAL DATE: March 23, 1990 I have gone over the projected costs to supply our Wastewater Collection Division with hydrogen peroxide for hydrogen sulfide reduction. The maximum projected figure lists $192,730 for an annual supply of the chemical. We have no history to substantiate this figure, however, I would not like to come up short at the end of the fiscal year. I will rely on the support information from which this projection was derived. This contract will not be in effect until April of this year which leaves 50% of the projected figure ($96,365) to be used for budget purpose. I would like to keep a close accounting during the rest of this year and adjust this figure for the subsequent year accordingly. " ~ - '/ /' .' ~~-<.-? cc: Robert A. Barcinski, Asst. City Manager/Community Services - . . . , '. . f f , '\ ~ . ¡ ¡ ~ "j M E M 0 RAN DUM TO: Ted Glas Purchasing Director THRU: William H. Greenwood 1)IJ4Ø ..Jh/qo Director of Public Utilities FROM: Larry J. Martin Deputy Director of Public Utilities SUBJ: HYDROGEN PEROXIDE BID #90-10 DATE: February 27, 1990 I have evaluated the bidders and their proposals to supply us with hydrogen peroxide and the component feed equipment. The following are my conclusions: peroxidation Systems, Inc. will be able to fulfill the requirements outlined in the proposal without difficulty. Davis Water & Waste Industry does not supply the referenced firms listed on page 7 with hydrogen peroxide. I have confirmed this. Davis supplies a product called "Odophos", which acts as a precipitant. I have used this product in the past and have rejected it for various reasons. There are only two suppliers of hydrogen peroxide in Florida, those being: Peroxidation Systems FMC (New Smyrna Beach) It seems unreasonable that Davis would supply us with hydrogen peroxide less expensively than these two firms. Davis does not have the feed systems or components available to dose our lift stations accurately. . · I '. . r \ · t " ~ · I ¡ ...q HYDROGEN PEROXIDE "CD #90-10 2/27/90 Page: 2 Davis has attached their Process Division Technical Bulletin #A-IOl which touts the use of their "Odophos" product. This was not the purpose of our solititation. In short, I feel that Davis Water & Waste Industry are not bidding the total hydrogen peroxide system. Davis appears to be actually attempting to discredit the use of the product we required to be utilized in our system. I would not recommend assigning this contract to Davis Water & Waste Industry. /' ~~~. - ~ ~- ~/-'2 / , /~L;~~i'·;~ M~~t'i'~,'rDe~~ty Director of Public Utilities /' . 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A~ T : \~"!: :\~:~. ~~ ~~:W í: = .~. ~\ ~:~~" T:: ~\ ~ ':!:~:-":. ·;:~~1::~ '-~,\:-.,'.-:.. .~ _:-; ~·r.;7"i' ~~(\,~rI~;~"~:I~'~T I:'~:~T_~I..,~.i.i~~:>~~n2 ,"d'L> ~··2:-·1;7 ~__. -'.~l,~~.,_~~=1 \.\'! -~~-:.. -, :::\:'~\, . ..... ~}:(·C··'~lvrE:,j~:·.'\TIC:~·~ : ..' ~·~:~";.~.:':~I~>i\T=~:.::'¡ :~"{~?T::"~:: ~ ,~¡.." jld!jtt£~t[ .__ fl.., : ::\:.J ~,'c\ r.¡ i.:': \: ~:: ~., r T...~;: f·' ~ ~~.: .ì :~: : :' ? . , ~ . , ~ . . r ¡ ,~ hi ---------------------------------------------------------.-------~-~--~-~----.-----------------_. -~ 0 0 (J i::. m m ~ !') :- J: m lZ ,... " m ~ .ti <: ,. ;; 0 " ~ m :XI -I m ,... :XI -I q <: 0 1l~ I ~ ;;p m -< ~ n -I m js 0 q m 0 m 0 Z CJI .. m ~ ~ ~ g: . ~ "' 'i) .... )( -c: ." l8 , m ~ Z ==... (h . ~ \II m 3 21 IS"\ -... 1~ \ r~ ~ -: .." QQ ri Ie (hC -z S~ N_ m... :e H % 0 ::¡ ... 1ft :< :XI ,1-; m lii 0 -I; C iå . !1! n z ~ C C -1 t:i! ... õ ~ . 0 I. n ... Z II ~i¡ z z ... m 0 ~ C) '&.. . M E M 0 RAN DUM TOI Robert A. B.rcinski, Acting City Manager THROUCH I John W. Elliott, Jr., Assistant City M.n.ger/ ;-aJ~ M.n.ge~ent Service. c- FRCH. T.d Clas, Purchasing Director øíJr DATE. April 3, 1990 SUBJECT. DOCUMENTATION - CITY COMMISSION MEETINC - APRIL 11, 1990 - SOLE SOURCE PROCUREMENT - eQIMI_QE_Se~E_IEB~l~èLS_i~èl~_BE'liIEBSl 11.e_B.!Q~._~11~_~Qððl..lgn~ City Co~~ission is requ.sted to .pprove the sole source purch.se of three (3) point of .al. t.r~in.ls (cash r~i.~.r.) fr~ HTE, Inc., .~ . ~o~.l c~~ of S14,9BS. ~ the Budget Director, funding is fro~lj¿ --til¡¿~r-~=. . (__~~J:-5J~~~=_~tJl__________________________). O~ ,. ~/> 1.~JUU:gyDG.1 The Finance D.p.rt....nt - Utility Billing has subl'titted . requisition, and is r.qu.sting sol. .ource procur.....nt of thr.e (3) HTE point of ..1. t.r~in.ls. The Dir.ctor of H.nag~.nt Infor"'ation .yste~s concurs that HTE t.r~in.l. .re n.eded in conjunction with existing HTE utility billing software. Unit price for terl'tin.l. is .4,99~. BKsmMDslA1iQD.1 St.ff reco~.nds the purch... of point of ..1e t.rl'tinals frOt'l HTE, Inc. .t a total cost of .14,98~. as sole .ourc. p roc u re....nt . Funding .s stated above. e11.~bMD1..1 MeMO frOl't MIS Director Product Fact Sh.ets pc David Huddleston 4qE Richard Zuccaro '1'1 þ - ~ _._- M E M 0 RAN DUM TO: Ted Glas Purchasing Director FROM: @i Richard Zuccaro Management Info t on'Systems Director SUBJECT: Sole Source Justification for Point-oi-Sale Terminals (Requisition Number R63152) DATE: April 2, 1990 The Computer Cash Management Registers are a combination of terminal and cash register. The hardware and associated software that enables the cash registers to act as intelligent terminals in conjunction with the HTE Utility Billing Application Software was designed for HTE specifically for this purpose. Similar cash registers could not function and interact with HTE's software with- out extensive software programming and, if done independently, would not be fully supported by HTE's maintenance agreement. RZ/sam cc: David M. Huddleston, Director of Finance Jan Williams, Utility Billing Manager , . ' --' ......, L -- . I , I ) .0':' l J \ .,......i...:.~:..-1..---- - . \: " '"* ~Y. ," , ,..~,.: ". '- -¡ ·~1< . . "':-~ " , "', '. . :.,.,~~" ~ ~~, "" '-. ... , - , :.:'~-~ lIl'E AIIIIOUIICeS S()lutioll to Cash (~()llectioll })ilenlI11a o RLANOO-HTE, Inc. is proud void in the IBM world when It came to to announce the development a cash register/poloc-of-sale solution of an on-line central Cash Collection for government, System that interfaces with other HTE "At HTE, it is our Intent to provide applications and operates on a cash to the local government environment register/CRT device, the leading edge of technolegy and the Designed specifically for use in the highest quality of software and support loal government environment, this is available." he added, "The development the only system now available that of an on-line cash collection solution IS directly attaches to the IBM System another step in this direction." 36/38, The Cash Collection System allows SVStC111 Features for a direct point-of-sale transaction to be accomplished through a Cash Regis- -- . ter/CRT device, The system ,allows for Sf 1ft \\;1 n: the collection of cash. receipt of pay· · HTE User-Dcfll1cd Code Structure" ment and check validation from multi- FlcXlbility pie payment types, such as: · HTE Application Intcrface · Utility Billing paymenu Full Vahdat ion of Customer · · Paymenu for non· billed charges such Accounu and Balances as bad checks and reconnections · Receipt Printing · Miscellaneous receivables paymenu · On-line InqUiry. Account Balance A separate screen has been designed · Command Key Navigation. HTE to facilitate multiple. fast entry. Applications Utility/Miscellaneous In addition. users can inquire into cus- Receivables tomer balances by account number or · Batch 10 Control name, And, because the system main- Computer Cash Management System Is tains all detail transactions on-line, Designed Specifically for Local Government · Central Cash Control. Multiple users get additional inquiry and Environment Payment Types at One Location reporting capabilities. · Computer Generated Receipt neous Receivables. In turn. those systems Numbers Batch Control of Collections interface with the Accounting System via · Posting Up-date by ApplicatIon Type One of the major benefiu of the Cash journal entries. · Application Security Collection System is the tntch control of As with all other HTE applications. the cash collections, Batch control totals are Cash Collection System is tailored by user· Hardware provided. and batch posting can be done by defined codes and menu option security, Direct Connect Via Twinaxial Cable to user ID, In addition. users an: HTE provides on-site installation and train- · · Review separate or all tntches under ing as well as ongoing updates. System 36/38 security Usen ajso benefit by receiving direct · Full Character Display · Review/change detail updates to HTE systems. as well as on-site · Supports up to .. Cash Drawers · Delete a batch from the system. installation and training. System control is · Built-in R.eceipt Printer achieved through full security capability and the nexibility of HTE's user-defined code · Automatic ChecklStub . Validation ntcrface to HTE Systems strucwr'e. · Remote Attachment Capability The Cash Collection System passes pay· "HTE is ¥ery excited about the develop- · OCR Reader Capability It~nt via journal entries directly to the ment of the Cash Collection System. " I J I ArrnunClnt S)"Cf'm or via paynwnt wmftWlnlf'ð I( ¡. . I" w.,1i, 1fT' Vu r ",,-\1 · Itar ( tlll.- RrAd.-, ( "1·..llIlIly A/! \.I ( tlom to Ut Iftt r f\.lItnt and MiKI"II~. , t; ~.. ~ "t tf) t f') I ~ ':', . d~ .... h.)~ ~~I"I , · "A, . 1 L ~ _~'.'!"_~;.r_'-""',w. I I , . . ' ,,'4r j l I .. ",......~-^.- , , . ;- . ~ Systcnl F'aeiliultcs (~asll l{cccipts l·~nt ry This CASH RECEIPTS ENTRY scrccn enablcs you to enter a single cus- C~4001l0:' tomcr payment, The following infor· LOCAL (;()\'nuwr~ï AI"ll;I)~:n 1 '. r¡ i ~ I. mation defines the fields displayed: rA~" F~:Cf1rT~ ~S:HY 1.... rc, ;', DI'U,ATOk 11>: ~TSAN DAn:: 1 / :') I~' SI":I',!!. {ì( " OPERATOR ID - The cashier (or CUSTO~R 1.( 'CA TI os A!1()I't-.ï nl'rl ,', ~¡.:\' ( ;) LIEN this cash register or terminal. 1.1.52131, 1.1.'; 1.:'Af. I')' 1.1.5:>131> 71.] 5~ 10000 liD I.'A Y DATE - The month. day, and year o( 6523475 1000 HT' collection, 6523475 ~oo U' NUMBER - A unique batch num· ber for this date/operator, ~'rnOD(?).. eA TOTAL. , 15S~(' $feElI"1" (Y/S\,. Y CUSTOMER - The person or AMOUNT TESDEREU.....,.... 16500 CllAser $IT" 9.14 company making the payment. CMD 1 END C~ 2 PREVIOUS SCREEN om I. MUtT1PI,E PAYMEI>7T EN'I1\Y LOCATION - A code. represent- CHD 6 UTILITY INQUIRY CHD tI MIse RECEIVABLES INQ\t1RY . ROLl. HELP ing property or an address. associated with the CUSTOMER. METHOD . A user-defined code Command Keys (CMD) allow users AMOUNT - Portion o( the TOTAL which indicates how the payments to have direct access to reláted sys- to be applied to a specific SERVICE or and/or deposIts are received. Exam- tem (unctions, Navigation from this TYPE. pIe: "CA" - Cash. "CK" - Check. CASH RECEIPTS ENTRY screen IS "MO" - Money Order. described below: TYPE - A user-defined code which CMD I - Returns the user to the indicated specific categories o( pay- TOTAL . The sum of all payments CASH RECEIPTS ENTRY MENU, menu andlor deposits. Example: and deposits (or this transaction. "UP" - Utility Payment. "UO" - CMD 2 - Returns the user to the Utility Deposit. "MP" - Miscellaneous RECEIPT· A detailed. printed previous screen accessed, Payment. and "LP" - Late Fee. receipt is generated when the value in this field is "Y" - Yes. CMD 4 - Accesses the CASH SERVICE - A user-defined code RECEIPTS MULTIPLE ENTRY screen, which indicates a specific service for AMOUNT TENDERED . The which is used for entering more than Utilit)' Billing. Example: "WA" - amount of money received by the one payment at a time and the Water. "GS" - Gas. "EL" - Electric. cashier for this transaction. MULTIPLE PAYMENT ENTRY screen. which allows an easy method of LIEN . An optional code which CHANGE DUE - The computed entering payments received through indicates posting priority (or pay- difference between the TOTAL and the mail. menu and that claims can be used AMOUNT TENDEREO values. The CMD 6 - Accesses the HTE Utility against property, as security for amount of money the cashier should Billing System inquiry/selection unpaid balances. return to the customer. screens. which allow users to identify the CUSTOMER and/or LOCATION numbers. and balances due, Branch Offtce: Corporate Headquarters: One Denver Place 3.5 e. Robinson Street. Suite 690 CMD 8 . Accesses the HTE Miscel- 999 18th Place. Suite 1000 Orlando. Florida 3280 I laneous Receivables inquiry/selection Denver. Colorado 80202 screens. which allow users to identify the CUSTOMER number and bal- Total Solutions for Government on the IBM System/36 and Syscem/38: ances due. · Government Mana~ement and Budgetary Accounting (GMBA) · Fixed Assets + ROLL . Allows rolling up to · Utility Billing · Fleet Management enter additional payments and/or · Payroll/Personnel · Building Pennits deposits in this transaction. · Purchasing/Inventory · Occupational Ucenses HELP - Accesses on-line user docu- For sales and sel"f'ice. can: Orlando: (305) 8"'-3235 Qenyer; (30J) 291·9509 mentation. This documentation con- ~.....---.,,--.....-~ tains th~ purpose of (';,\rl¡ s(r('('n :lnrl _ ',_. ~: ,'::;_'1'. - r~'~~'61,.. . I. f' , , C I , 1 .> 1.~ 1 l \ _..~-...,..,.~.,..---..-~..~ . ;~' . ';¡i ... , ~: ~ .\C\\' lJ.(L~~. I )t'\'il'l~ lI1lerÙll'\.·~ \\jl ì¡ Ilï··~ .\P¡J;jt':¡l j< ìÎl> UTILITY OC'CUp A TIONAL (. .. . ~ LICENSES BILLING IIÞI) \ ...... 'Q.)' I" '0." I \ tGJ,' , ~" . , ' ] / ~ \. I' .... .... ...e cee """,,\. ... ~~~~~'-.' "" \ , Ct'-!:~ , RE~ISiÅBLES "'~I II BUILDING PERMITS , I .' ACCOUNTING I .. ------ I HTE, Inc. 31 ~ E. Robinson Street Suite 690 Orlando, Florida 3280 I . I ---". ~ ~--- . .- ~.,.....~,--- . ~ > . - ~ L ' .. l..- ~ "~-" "- ( A \ , L >, :."If' j \ , ".....~'._"" . , ,~ · M E M 0 RAN DUM TO. Robert A. Barcinski, Acting City Manager THROUGH. John w. Elliott~ Jr., Assistant City Manager/~t: M.nage~ent Services Ql<.. FROM. T~ Gla., Purchasing Director !(~ DATE. April 3, 1990 SUB.JECT. DOCUMENTATION - CITY COMMISSION MEETING - APRIL 11, 1990 - PURCHASE AWARD - CQMeUItB_~QUle~~I_EQB_E~l~EEBl~_~EeeBIMi~I It_ð_B.!Q£._C1tx_CQðð1aa1QDL Ci ty Cor.."i..ion is requested to M.ke Multiple .wards for cOMputer equip~nt, .t a cost of .38,997.9~. Per the Budget Di~tor\ fu~ing is fr~ I ~i:~~~~a~l~_---__---- < __74' (IA,,- 'J _=_¥:!si.M..¡.... - -------- ). a."t.s.SU::WDRL Approved requisitions ha..,. been received fr~ the Engi~ring Depart"ent for v.rious co~put.r equipftent and software, per attached list. This equipM.nt i. available vi. Florida State Contract, and City RFP.99-91, and per vendor quotations, as follows. ~.œgI: êðgYDt AC3, Inc. .29,979.8~ IBH, Inc. 3,934.00 CADD Centers of Florida 3,41~.OO Clob.l COMputer 1,280.00 Bustne.sland, Inc. 489.00 -------------- TOTAL. .3.,997.8~ BgS;grJðgDåAtigD.1 Staff reco~ends ~ltiple awards to above stated vendors at a total cost of .39,997.9~. Funding as stated above. ettAs;bðgDt..1 Vendor/Pricing List H.~ fro" City Engineer pc Gates Castle Richard Zuccaro 4~F '" _..i--. . ¡g~~ð.n1_Ig_I._e~~~~~~.g_Ih~~_e~~A_ID~&~.~_i1~t._CQnt~.~1 t¡~2º1º1!:.! 8~80/3114 PS/2 Model 8~80-311(2Mb). · · · · · $9446.00 8~14 Color Display 8514/A Display Adapter . MeMory Expansion OS/2 Extended 1.1 8770 PS/2 Mouse. . · · · · · · · · · · · · · · .$ 64.3:5 :52112-8M8 MeMory Expansion Option. · · · · · · · 91~.00 872280386 Sys Board He~ Exp Kit. · · · · · · · · 650 . 00 :5213 2MB Me~ary.Madule Kits (3). · · · · · · · 19~.OO 7367 IBM Taken-Ring 16/4 Adapters (8) . · · · · 4654.00 3390 Taken-Ring PC Adapter Cables (8) . · · · · 187.20 8530-E31 PS/2 Model 30/286 (5) · · · · · · · · 8174.2~ 8513 Calor Displays (5) . . . . · · · . · · · · 2437.00 41606157 Tape Drive Adapter. · · · . · · · · · · 238.5~ 1419 DOS 4.0 (5) . · · · · · · · · · · · · · · · 487.50 0040 OS/2 LAN Server V 1.1 . · · · · · · · · · · 676.00 ------------ TOTAL $29,879.85 ¡1M_1~&_eEB_SIeIE_Cg~IBeCI_~a~Qg~21!=1 6157-002 Strea~ing Tape Drive . · · · · · · · · $1319.00 6334 Sy-toa/IBH 6157 Tape Uti I V3. · · · · · · · 105.00 4019-001 11M La.erprinter. · · · · · · · · · · · 2510.00 5612 l/SH Parallel Cabl. 9137 Two Megabyte Me~ory Option 9530 500 .he.t Second Drawer 9606 Envelope Fe.der 9570 200 sheet Legal Tray TOTAL $3934.00 CeQg_~.nt.~2_gt_E1Q~iQ._Q.~_BEe_&!=!1 CalcoMp dilitizer. · · · · · · · · · · · · · · · $ 425.00 AutoCAD OS/2. . . · · · · · · · · · · · · · · · 2495 . 00 M4ath Co-Prac...or 80387-20 . · · · · · · · · · . . 498.00 ---------- TOTAL .3415.00 ttllCEL.L.êtEQUI Di.plaYNrite 4 V.r. 2 (5). · · · · · · · · . . · .12t1O.oo (Global ~uter Per Quotation) LOTUI 123 Net~rk Version. · · · · · · · · · . . 489.00 <"sine.sland. Inc. Per Quotation) 'eMII-IOIe&. .38.997.8S 4"1 . ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: TED GLAS DIRECTOR OF PURCHASING FROM: ~ Il. GATES D. CASTLE, P.E. Þ CITY ENGINEER SUBJECT: COMPUTER EQUIPMENT - ENGINEERING DEPARTMENT DATE: APRIL 2, 1990 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , I have reviewed the MIS proposal for the purchase of the subject equipment. The proposal is acceptable as presented and the funds ($39,000) are available in the Engineering Department's 1989-90 budget (Acct. No. 001-2911-519-60.86). GDC:slg " L " ._--"'". "~v·~·.I.___. \ L -- t I j ". ~\~;,~.. ld \ ... 1iIÌ'III'~.......a. _""- . . "'. . Delray Beach Police Department 8 ~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 _ . (407) 243,7888 Fax (407) 243-7816 CHARLES KILGORE Chief of Police MEMORANDUM TO: Robert A. Barcinski, Acting City Manager FROM: William H. Cochrane, Major Support Bureau THRU: Charles Kilgore, Chief of pOlice~ DATE: April 3, 1990 SUBJECT: PURCHASE OF SUBURBAN Pursuant to our telephone conversation this date, please find attached our requisition for a 1990 Chevrolet Suburban which shall be purchased from the State Contract (Dimmit Chevrolet) for $17,819.80. Budget Director Yvonne Kincaide suggested utilizing 001 2115 521 60.84 for this purpose, as funds were still available and had not been placed in the Reserve Fund from the February budget cuts. We feel this is an important tool in our effort to continue our street drug enforcement in that a 1979 Ford van with over 100,000 miles was recently transferred to Purchasing for auction. The Tactical/Entry Team personnel are increasing the amount of equipment necessary to carry with them; such as, entry tools, entry vests, etc. which utilize additional space not afforded by a car. We feel this vehicle is best suited for this purpose and ask your approval in presenting it to the City Commission for approval. Respectfully submitted, ~x:~~ WILLIAM H. COCHRANE, MAJOR Support Bureau WHC/gb Attachment PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER t . . J 1_ , _.... \ , l_ . :"" \ < J l, I ...+t;.:i...:«~,r:: .,--.~._ 1 . 4~G- :" ·t· ;¡; ~"" ;"i~ \ "..;.0; . ' ~\' ' ':\ 't". . .¡ ~.,. '....":,.~ ~. '" ' . ...