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02-23-88 Regular CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION February 23, 1988 7:00 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 pro- ceedings, 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. Pledge of Allegiance to the Flag. 4. Proclamations: Living Well in Delray Beach Month - March 1988. 5. Agenda approval. Action: Motion to approve. CONSENT AGENDA 6. COMMISSION ACTION RE: Application for permit to solicit by Trinity Council Knights of Columbus on March 4-5, 1988. 7. COMMISSION ACTION RE: Ratification of SCRWTD Board approval of contract for engineering services to be supplied by Hazen and Sawyer. 8. COMMISSION ACTION RE: Road. Water Service Agreement - 140 Coconut 9. COMMISSION ACTION RE: Approval of inventory list of surplus property prior to advertising and auction. REGULAR AGENDA 10. RESOLUTION NO. 10-88: A Resolution requesting that the State Legislature utilize certain of the funds in the State Infra- structure Trust Fund for matching grants to local governments. 11. RESOLUTION NO. 11-88: A Resolution approving application for Florida Inland Navigation District grant to renovate piers at Delray Beach Municipal Marina. 12. ORDINANCE NO. 7-88: (First Reading) An Ordinance amending the Zoning Code by deletion of "posting" requirements for rezonings. 13. ORDINANCE NO. 8-88: (First Reading) An Ordinance annexation. and zoning as Specialized Commercial (SC) Mazda Dealership located northwest of the intersection and Federal Highway. for the for the of LaMa t 14. COMMISSION ACTION REi Agreement for adjusting utility lines along Congress Avenue Road Widening Project. -- 15. COMMISSION ACTION RE: Award of Contract for renovation of the Cason Cottage, located on the northeast corner of N. E. 1st Street and Swinton Avenue. 16. COMMISSION ACTION RE: Request of a variance by Jeanne Stahl to allow the construction of a dock at 1026 Seasage Drive. 17. COMMISSION ACTION RE: Proposal for purchase of parcel at the corner of Swinton Avenue and Dixie Boulevard, Del-Ida Park Sub- division. 18. CONDITIONAL USE AND SITE PLAN REOUEST: Requesting a conditional use and attendant site plan for a storage building to be added to a parcel which is adjacent to the Delray Plaza, South Federal Highway. (Owner - Mr. Robert Wiebelt, by Agent - Mr. Robert (Skip) Jackman. 19. WAIVER OF PROCESSING FEES FOR CONDITIONAL USE REOUEST: Request for waiver of processing fees for a conditional use request for Restoration Unlimited. 20. COMMISSION ACTION RE: Request for waiver of processing fees for rezoning and subdivision associated with City Land exchange with Ocean Properties located north of the Holiday Inn along AlA. 21. COMMISSION ACTION RE: Request for a variance by Woodbrooke Condominiums, to allow a 10 foot hedge at the rear of the property, 915-941 S. W. 20th Court. 22. COMMISSION ACTION RE: Prearrangement, Inc. to Municipal Cemetery. Agreement provide between the City and Total mausoleum facilities at the 23. COMMISSION ACTION RE: Lease agreement between the City and Palm Beach County Cellular Telephone Company. 24. COMMISSION ACTION RE: Joint project agreements between the City and the Department of Transportation for installation of traffic signals at six intersections on Atlantic Avenue. 25. COMMISSION ACTION RE: Award of Bids and Contracts. a. Two tractors and mowers for Parks & Recreation Department (Bid 88-46). b. Rehabilitation of storm drains on Banyan Drive, Bolender Drive and Spanish Trail (Bid 88-43). c. Rental Rehabilitation Program - Deferred Loan Contract Award (Bids 88-29,88-35 and 88-49). d. Concrete posts in the Florida East Coast Railroad right-of- way (Bid 88-41). 26. COMMISSION ACTION RE: Settlement of lawsuit - Wendell Robinson vs City of Delray Beach. PROCEDURAL ITEMS 27. Comments and Inquiries on Non-Agenda Items by Citizens. 28. Approval of minutes of Regular Meeting of February 9., 1988 and Special Meeting of February 10, 1988. 29. Comments and Inquiries on Non-Agenda Items: a. Commission b. City Attorney c. City Manager AGENDA 2-23-88 Page 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 23, 1988 DATE: February 19, 1988 CONSENT AGENDA Item No.6. We have received a request from the Knights of Columbus to conduct a charitable "Tootsie Roll Drive". The Tootsie Roll Drive is scheduled for March 4th and 5th and collections will be solicited from patrons of store fronts throughout the City. The Tr ini ty Council, Knights of Columbus conducted a similar solici- tation in Delray Beach in 1987. Recommend approval of application for a permit to solicit in the City of Delray Beach made by the Trinity Council. Knights of Columbus. Item No.7. At their January 20, 1988 meeting, the SCRWTD Board approved a contract for engineering services to be supplied by Hazen and Sawyer, Engineers. Hazen and Sawyer will assure that the design of the odor control devices previously approved are compatible with existing equipment and shall further provide detailed drawings and documents and bid and acquisition support to the Board for the equipment. The services provided are described in an amendment to their existing engineering services contract which is being presented for ratification. The Boynton Beach City Council approved the amendment at their February 2nd meeting. Recommend approval of an amendment to a contract for services required for building odor abatement facilities SCRWTD Board and Hazen and Sawver. Engineers. Item No.8. This item is a request for approval of a water service agreement between the City and the owner of the property, at 104 Coconut Road, south of Seacrest Boulevard. This parcel is located in an enclave which has a water main already present to provide water service. There are no unusual aspects to this request. engineering between the Recommend approval of water service aareement between Mark McCann and the City for provision of water at 140 Coconut Road. Item No.9. The City I s Administrative Pol icy and Procedure prov ides that an inventory list of surplus property be provided and approved by the City Commission prior to advertising and auction. We propose a late March or early April Saturday for the auction of surplus properties identified. Recommend approval of surplus propertv listed on the attached auction inventory list. -1- AGENDA REPORT Meeting of February 23, 1988 REGULAR AGENDA Item No. 10 (Resolution No. 10-88). This is a Resolution urging theFlorida State Legislature to utilize the State Infrastructure Trust Fund for matching grants to local governments. These grants would assist cities in meeting infrastructure requirements set forth in Section 163.3177 which requires comprehensive development plans and the identification of funding for capital improvements. This resolution has been adopted in similar form by the Cities of Lake Worth, Palm Springs, Lantana and others. Recommend approval of Resolution No. 10-88. Item No. 11 (Resolution No. 11-88). This is a Resolution approving an application for a Florida Inland Navigation District (FIND) grant to renovate the 10 finger piers at the Delray Beach Municipal Marina. An inspection of our marina was conducted by Coastal Planning and Engineer ing, Inc. which issued a report on January 11, 1988 recommending that all 10 finger piers be replaced. A copy of Coastal Planning and Engineering report is available in the Commission office. We expect the renovation costs to total $150,000. The FIND grant program is a 50/50 matching grant with payments made to the City on a reimbursement basis. Funding is available from an existing reserve in the Marina Fund and in the Capital Improvement budget. Last year the City expended approximately $160,000 to replace the seawall at the Marina. This additional improvement with a net cost of $75,000 to the Ci ty will raise the total capital investment $235,000. The Marina generates approximately $78,000 in net revenue per year and thus pay back will be accomplished within four years. No additional capital improvements are foreseen and the investment is a cost effective one for the City. Recommend approval of Resolution No. 11-88. Item No. 12 (Ordinance No. 7-88). This item is first reading of an Ordinance amending the Zoning Code by deletion of "posting" require- ments for rezonings. This amendment was initiated administrativelyand follows approval at your January 26, 1988 meeting to facilitate annexations and zoning of enclaves. Our Code presently requires that properties being rezoned be posted prior to Public Hearing. The posting requirement is a local option and is not mandated by State law. While this item has not been formally reviewed by the Planning & Zoning Board, it is scheduled at their February 22nd meeting. Should Commission approve this Ordinance, a Public Hearing will be held at Second Reading on March 8, 1988. Recommend approval of Ordinance No. 7-88 amending the Zoning Code by deletion of "postina requirements" for rezonings. Item No. 13 Ordinance No. 8-88). This item is a First Reading of an enacting Ordinance for the annexation and zoning as Specialized Commercial (SC) for the Mazda dealership and associated property located northwest of the intersection of LaMat and Federal Highway. This item is being presented at the request of owner William Chamberlain who is represented by Roger Saberson, Attorney. The issue involves expansion of an existing dealership. The expansion has been challenged by the adjacent property owner and, while recommendation in favor of the annexation and zoning was made by the Planning & Zoning Board at its January 25, 1988 meeting, a technical defect in the advertising was identified by Attorney Saberson who requested a re- hearing before the Planning & Zoning Board. This rehearing will occur on Monday, February 22, 1988 at which time a favorable recommendation is expected again. The controversy between the neighboring owner and Chamberlain has been determined by the City Attorney to be a private matter. This item contemplates a second approval by the Planning & Zoning Board on Monday, February 22nd. Should the City Commission adopt the Ordinance, a publ ic Hear ing will be held at Second Reading which is tentatively scheduled for March 8, 1988. -2- AGENDA REPORT Meeting of February 23, 1988 Recommend approval o,f Ordinance No. 8-88 enacting an Ordinance for the annexation and zon1ng SC. for property located northwest of the intersection of LaMat and Federal Highwav known as the Mazda Addition. Item No. 14. This item involves acceptance of an agreement between the City and Palm Beach County and relates to construction along Congress Avenue from Atlantic north to the L-30 Canal. Congress will be widened six lanes complete with curb and gutter and is a County funded project. As with virtually all projects of this size, certain known and unknown utility conflicts exist. When these conflicts occur the responsible party must relocate in order to expedite completion of the larger project. Water lines, fire hydrants, valve boxes and manhole rims are involved in these conflicts. City staff negotiating with County staff have determined the costs to resolve various conflicts including relocation of water mains. We have the option of performing the work ourselves or using prices quoted, having the onsite contractor perform the work. We expect the utility conflicts and water main relocations might cost as much as $99,510. Approximately half of this amount covers known utility conflicts with the balance covering estimated contingency items. An onsite City Inspector will be present to approve any contingency work and will assure that known conflict structures and water main relocations are performed as required. Funding is available in the Water and Sewer Renewal Replacement Reserve. Recommend approval of agreement between the City and Palm Beach County for adjustina utility lines along Congress Avenue Road Widening Project. Item No. 15. This item involves award of a contract for renovation of the Cason Cottage at N. E. 1st Street and Swinton Avenue. Bid specifications were developed by Community Development staff in consultation with the Historic Preservation Board. Alternate bids were advertised for (1) a simple rehabilitation and for (2) historic property renovation. Bid opening on November 24, 1987 produced three valid bids. Following staff analysis and review of both alternate bids and a recommendation by the Historic Preservation Board, First Construction Company, Inc. IS low bid of $30,915 for the historic renovation option is recommended. The low bid was below staff estimate for a simple rehabilitation and is the best and most cost effective approach to take on this important property. Funding is available through savings which will be identified in various departmental and capital improvement budgets. Recommend award of a contract for renovation of the Cason Cottage at N. E. 1st Street and Swinton Avenue to First Construction Company. Inc. in the amount of $30.915. Item No. 16. This item is a request for a var iance by Jeanne Stahl at 1026 Seasage Drive. The request is strongly opposed by an adjacent property owner, a copy of whose letter is enclosed in the agenda packet. The City has been involved in this issue for almost one year and based on the undisputed facts, Engineering recommends denial for the request for a variance. Apparently the Stahls constructed a dock initially without a permit from the Engineering Department and then following acquisition of a permit, the dock was constructed too close to the neighboring McArthur property. In reviewing the correspondence this appears to be a private matter between the parties involved in the dispute. At the same time, however, it is evident that there are Code compliance questions involved. Recommend denial of variance but with a 60 dav extension regarding the imposi tion of penalty dur ing which time the issue can be mediated by the two parties. -3- AGENDA REPORT Meeting February 23, 1988 Item No. 17. The City Attorney has completed negotiations with the owner of the property at the corner of Swinton Avenue and Dixie Boulevard in the Del-Ida Park Subdivision. Acquisition of Lot 13, Block 4 in the subdivision would allow the City to proceed with development of a cul-de-sac at Swinton Avenue and Dixie Boulevard. The sale price of the property, $12,000, will be inclusive of closing costs and incidental fees associated with acquisition. The purchase price reflects the appraisal value of the property. Recommend acceptance of the offer for sale of property in the Del-Ida Park Subdivision. Lot 13. Block 4 and that the City Attornev be authorized to neaotiate a sales contract on behalf of the City with closing as soon as possible thereafter. Item No. 18. At your meeting on February 9th, Commission denied the conditional use request and attendant site plan for a storage building to be used in conjunction with the Delray Plaza Shopping Center. Representatives for the proposed storage facility have contacted us and requested that reconsideration be given to this matter. Mr. Skip Jackman was not in attendance at the February 9th meeting and would like an opportunity to present his position on behalf of the project. Should the Commission vote to reconsider this item, it can be placed on a future agenda. Recommend Commission action on the request for reconsideration. Item No. 19. This item is a request for waiver of a conditional use request fee from Tony Allerton, Applicant/Agent for Restoration Unlimited. The proposed use of the former Bill Wallace Nissan facility at 10th Street and Federal is for a component of a substance abuse program. Individuals involved in rehabilitation will participate in a controlled work environment using mechanical skills they will be learning. The Planning & Zoning Board at their January 25th meeting determined that the vocation activity falls under a similarity of use provision and that this vocational rehabilitation activity is allowed as a conditional use. This facility will operate under the auspices of a non-profit, tax exempt agency organized under Charter 50l-C-3 provision of IRS statutes. The fee involved totals $385 which is used to pay direct costs including advertising and mailing and indirect costs associated with processing the conditional use request. The actual hearing on the conditional use activity will be held March 21st by the Planning & Zoning Board. Recommend approval of a waiver of conditional use fees for Restoration Unlimited in the amount of $385. Item No. 20. This is a request by Currie Schneider Associates representing Ocean properties for a waiver of rezoning and subdivision fees in conjunction with a land exchange between the City and Ocean Properties. This involves exchange of property owned by the City immediately north of the Holiday Inn and east of the Beach Fire Station. The transaction was previously approved by resolution. In return for transfer of the present City owned property, a 50 foot wide strip of land extending between Andrews Avenue and Highway AlA will be conveyed to the City. This exchange will facilitate future plans by Ocean properties and will allow expansion of City owned parking spaces f rom the present 24 up to 44. The developer will pay all costs for construction of the replacement parking lot. To accomplish the exchange a Land Use Plan Amendment, rezoning and a subdivision plat are necessary. Because this is a joint project the associated costs are proposed to be shared. Ocean Properties will pay $1,100 fee for processing a Land Use Amendment needed to complete this transaction. Recommend waiver of a rezoning fee of $825 and a subdivision plat fee of $880 associated with a land exchange between the City and Ocean Properties. -4- AGENDA REPORT Meeting of February 23, 1988 c. Rental Rehabilitation Program - Deferred Loan Contract Award - (Bid Nos. 88-29, 88-35 and 88-49) - 211 S. Swinton Avenue First Const of Palm Beach $83,727 342 N. E. 3rd Avenue Henry L. Haywood 20,190 112 N. Swinton Avenue Henry L. Haywood 10,170 236 S. E. 3rd Avenue B & Jr. Construction 30,782 117 S. W. 4th Street Henry L. Haywood 16,000 d. Installation of concrete posts to form decorative barricades in the Florida East Coast Railroad right-of-way in conjunction with the Downtown Beautification Project R.P.M. Construction Company, Inc. - $23,805. Item No. 26. This item involves an offer of settlement over a claim filed against the City for false arrest. The plaintiff has offered to settle with the City and dismiss his claim upon payment of $1,259 to the plaintiff from the City. While very little litigation expense has occurred up to this time and it is likely costs will ultimately exceed settlement being offered here, we believe that acceptance of the offer would not be in the best interests of the City. In fact, the City Attorney believes our position will be upheld and to settle would invite similar, unfounded claims against the City in the future. Recommend reiection of an offer from Moses Baker. representin9 Wendell Robinson to dismiss charaes a9ainst the City in return for payment of $1. 259. -7- AN OPEN LETTER TO: February 22, 1988 Commissioner Mary McCarty Delray Beach Commission City Building Delray Beach, Fla. 33444 Dear Commissioner McCarty: We support our family out of the Delray Swap Shop and were shocked to find out we were one of the hundred dealers that you have requested be eliminated and put out of business. . You have said that parking is the big problem. have asked that all parking on Federal Highway ated and other nearby parking lots be closed. Yet, you be elimin- Maury's Tool Chest and Le Petit Chalet both built their businesses near the Swap Shop and immediately started complaining about the existing traffic even though they were closed during swap shop hours. With all these businesses outside Delray City limits, it seems you would be more interested in first solving problems in your jurisdiction that are more pressing, such as Atlantic Avenue. A lot of little merchants are being hurt by heavy-handed tactics. If you would only sit down with us and our landlord, many problems could be mutually worked out. Before next year's City Commission election, there will be thousands of Delray voters attending the swap shop. Wouldn't it be nice of you to help make things more convenient for them? l1slrcer~~I;' ~. / Co./..: ~(/ R slyn ron ... 7Yt.___ Rainberry Bay Delray Beach, Fla. TO (7y\ FROM DEPARTMENTAL CORRESPONDENCE [ITY DF DELRAY BEA[H 7~(i Walter Barry, City Manager David M. Huddleston, Director of Finance S E T Agenda Item 1111 -- February 23, 1988 UBJ C eM 362 DATE 2/22/88 After having reviewed the agenda that was distributed to me on Friday, I would advise you of the following: 5]C 1. The City Marina Fund is an enterprise fund and does not have a fund balance. It does have a category of retained earnings, however the retained earnings amount of $128,718 does not repre- sent available funding sources and in fact the Marina Fund has a net current liability of $19,683. Currently there is not any available cash in this fund. The offset on the asset side to the retained earnings are the total net property, plant and equipment of $249,290. The remaining fund equity is comprised of contributed capital of $100,889. 2. The Marina Fund has gross revenues of approximately $78,000 per year, however after expenses the fund realizes approxi- mately $30,000 per year in net income. DMH/ sm THE EFFORT ALWAYS MATTERS "'::.."f.~."._. ~'... ',;J'f " ...."... ';-', , Il"" . <?';',I .~. ...,,,_,,.-.l:'~'" ",.;-....... .-.... ,.,..... . ." ~ ", '''. .....' . Jiinightll of <!Tolumbus TRINITY COUNCIL, No. 4839 P.O. lIoK 687 Boynton Beach, Florida 33435 -... first oncl Third Wod_ February .8, 1988 To Whom It May Concern: Annually the Knights of Colunbus conduct a charitable drive referred to as our "Tootsie Roll Drive." Monies derived from this program go entirely to support hospitals serving the Mental Retarded- Hanicapped Children. The dates of this drive are March 4th, 5th, and 6th. Your cooperation and help will be greatly appreciated by those in need, as well as the Knights of Colunbus. I t I Sincerely and Fraternally yours, -)s~~ .L Y):si:;Z~~ Dominic V. D' Amico, Grand Knight Trinity Council #4839 Boynton Beach, Florida b 1 ,t -' Chapter 22 of the Code of Ordinances Adopted June 8, 1982 APPLICATION FOR PERMIT TO SOLICIT IN ~E CITY OF DELRAY BEACH, FLORIDA -Uoh-,.y (()t.f~~/L ,fN'ItfH1)" ~I' C~L(lm eLlS Name of Organization ..I.1/~ ()L,j /JI)I'f! J.I,c.I'IW'Iy. /ly'#./Ii"'J.~'. 1J~' GII<I Address ' Telephone Number Incorporated: Yes: /' No: V -1J~Itf. f}'IJ~/'() c;ANtI -fPt~II"" Names of Officers and Directors Date of Incorporation: .PAt/. .JcNM' tiT" b'Ac.:ri".. A.lm ell'" '""... ,. .f:UIIIICII /'4-/ Kill . C IIA~ 1~181.t! 71rA"J"I.. /R/J-ri!t'1l11n ( Purpose of Organization I t Name of Local Paid Executive: K:N~ KIND OF ACTIVITY: '1:,rslll J(?,1.J..1J~1l11l" c;,.,16 .",..-r:.r,sI4.Ji'.I..I.r ... th.'tJN""A~,/ O.Jlf7":oll/ (General Solicitation, Ball, Motion Picture, etc.) . /-Iei.t:., HANa'. Cl9fr.~eI ANtJ R4T'l'IlfrJ~ct G".I~.e"/ Speci 1C Purpose of So11c1tation The applicant shall attach to this Application on a separate Exhibit A. a list of persons, includinq their address and telephone number, who shall be available to answer inquiries during the hours when the solicitation is being conducted from all persons being solicited, relative to verificatian of the identity of solicitors and the nature of the solicitation. Thia Exhibit A need not be published as part of the required publication set forth in Section 22-49 of the Charitable Solicitations Ordinance. Failure to provide such list,.or to comply with the availability requirement set forth above may result in revocation of the permit to solicit~ .:r;.s~ /'I f?N"" 1{i'7V.sC(ftly 13 t<IAl6~ ~/Arr ;)"ite~y.J~4"'(' Name and Address of Local Cha1rman or Person Direct ng So ", 5()~() lid 19~C.I.( Dates of So L/ >l-J- citation Goal C"LLI:C-,I.-;.s frOM !?'n,AI..G.~ Jroe.~ (r-If.oAJT'1) j)'NIf-r..IJ./ Methods of Solicitation ~AU ~LJ.v ~.~.e.s .tJfl/i.y Paid Promoters or Solicitors Percentage Agreement t%Ale c.sr.,1.-rs,. ~ !?JSl'tf...c. Estimated Administrative Cost of Fund Raising Items Underwritten in Delray Beach , -:' -.-'--t;-1.; Estimated Percentage of proce~ to be expended in Dalray Beach: 'Nf/J#ttl A(Jtu~...... II;, . . . LATEST SOLICITATION IN THE CITY OF DELRAY. BEACH: $ r.. j).NI9t'U. ) Total Amount collected in 19.f:L. l/J. 14 IA'~G /ItII- 7~J. _ 1..10.0 Total Expenses in 19 -.ll. ,..r ON I!. Remitted to a.L!___l .. State in 19~ ~t#0 Amount of Proceeds Expended in Palm Beach County in 19ft ., .5""."e To this form must be attached: Copy of Charter Copy of By-Laws Statement of income and expenditures regional and national organization. I ~ , for previous year for local, The applicant hereby agrees that prior to allowing solicitors to undertake activity soliciting charitable contributions that the applicant will inform each solicitor of the nature and purpose of the drive and provide each solicitor with a copy of the advertisement or other publicatic approved under Section 22-49 of the Charitable Solicitations ordinance. Th solicitor shall be informed that he is to show this material to any person raising a question as to the expenditure of funds being solicited. The applicant further agrees to acquaint said solicitors with all the rules and regulations provided in Article III, Chapter 22, Code of Ordi- nances of this City, and agrees that any violations thereof will Subject th organization to punishment as provided therein, including the revocation of the right to solicit in this City. This application shall be sworn to by the applicant and shall be accon panied by a consent of the charitable organization involved consenting to the solicitation of funds on behalf of said charitable organization. J(VI4H-rS (g" {;,I.v,.,,,,,,s Name of Applicant r---. . 7 '"' ~ . By: 7;,'~/(-"/~" .;? (/z',~, ('.l. ~ / Title: C.eIJ,.,.tt /('Nltt~r SWORN TO AND SUBSCRIBED before me this .1 day of 1c-t~ 19 ,ry. i / ot y Public, State of Flo ./ My COllUllission Expires: City Council: Approved: Disapproved: Notary PublIc. State of Florida allaroe My Commission Erpires Jan. 15. 1989 BONDED THAU HVCKLEBE"""', SIBLEY , H"'~VEY INSURANCE" eONDS. INC. ! -2- . , mr.~l'l'H'IQ\'I'ION C1\IW In C'o;.',lpliollce \./il:h 1\rticll.J III, ChClptcr, 22 of the Code . CIlY 01:' DJ~IJlAY DE1\CII, l"LOIUDi\ By law this cilrcl mu 1;; l; be rtl <leI or p're ~Cll teeI to illl prolipectivQ eIonors. NO'r AN ENDORSEI-tEN'l' FOP.. INI:~ORMl\.TION ONLY Palm Beadl CountyChilpter of . . 'II /II1C:;H1"~ .,; GI..rM (5&J.$ -4fJf Will conduct its annual appeal; From /J?n ~ l. J~ J../ to Mil R. Go ,,., .tJ-. I r' a Distribution of $ Income Last Ycar Fund Raising, Admini3tr~tion and Public Info~ation - ~ CDO Research Patient. Service Public Health Information Reserve FuneI $' $ $ e.> " " " 1/-/1t ~ if t;" ~ ~ '" .ol..cu.;ft.I. c . . ,...._~ It~AA";lfd 6 . " . '(II",," () €> $#-9N'LeJ $ Transmitted to IT lL 11, State or Area $ ~ 0 c;J 0 ", Total Distribution $ ftl ~f!)' /ICj;" Each Dollar contributed to t;,r-G"~ R",(~ j"eJ';~ -1fI',w DPK":"'4 cI r. HlINoIl,C'''Il'j'<cI. ~.{b;,(J/t,d tDlI i"; last year was spent as sho~m below. -~" Fund Raising, ", Administration and . Public Information " paticmt Service % \ ---""" \ ) I I I / /.., ./ 5,,; 1'110'/1 Noto;!: Conlpliancc with other at'pl.i.~ablCl 1;\W9 i.s not waived by the issuance of a permit ~o solicit. To bo used only by the solicitor, whose signature appaars bolow. Coml?ilro with your receipt. --r~7'~,~.,- Do.lici~or Expiro:i: ~, I 1.111 . " , - 3 _ '~~~=] ! .. ~- --_..:...- - ...' AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES PROJECT NO. SCREENING BUILDING ODOR ABATEMENT PROJECT This Amendment to the Agreement entered into and effective this day of , 1988 by and between the SOUTH CHNTKAL REGIONAL IASTHIATH& TREATMENT AND DISPOSAL BOARD, hereinafter referred to as "BOAlD" and HAZEN AND SAWYER, a professional corporation doing business as HAZEN AND SAWYER, P. C., hereinafter referred to as "ENGINEEI.'l. WITNESSETH: For and in consideration of the mutual covenants hereinafter contained. BOARD hereby retains ENGUIEElt and ENGINE.R' s covenant to perform for BOAlD, professional services I in connection with the Screening Building Odor Abatement Project and in accordance with the terms and provtsions hereinafter contained. A. SERVICES TO BE RENDERED: At the November 1987 meeting, the BOAJI.D rejected bids on the Odor Abatement Project and requested that the scope of work be increased to add chemical addition upstream of the screening building on the plant site. Overall control of on-site generated odors can be better monitored and treated in a cost effective manner for both Ci ties. The ENGINEER's wi 11 add the required faci li ties to the contract package, meet with the City's Utilities Directors, issue the contract package for bids and make recommendations to the BOARD for award of the contract. The scope of work for specific tasks are as follows: TASI 3A - DESIGN CRITERIA The ENGINEER shall inspect the existing facilities, develop design criteria with respect to chemical requirements and confirm material compatibility with existing equipment. The ENGINEEl shall meet with the utility representatives from the Cities of Boynton Beach & Delray Beach to review and obtain design criteria concurrence. 4730 Hwd:lOlZC/01-14-88 A-I 1 . " ( ( TASI 3B - DETAILED DESIGN SERVICES The ENGINEER shall make all field measurements, prepare contract drawings, documents and technical specifications suitable for bidding purposes. The ENGINEER. shall notify the regulatory agencies. of the increased scope of work and to obtain the DER construction permit. TASI 3C - BIDDING SERVICES BOARD shall advertise in the local newspapers for bidders. During the bidding period ERGINEER shall answer all questions, meet with interested bidders and equipment suppliers, attend the bid opening, compile the bid results, evaluate low bidders and make recommendations to BOARD for award of contract. B. COMPENSATION: The BOARD shall reimburse the ENGIREER. for rendered for the not-to-exceed totals listed below. servifes ~ , TASK 3A - Design Criteria $ 2,300 TASK 3B - Detailed Design Services $ 18,600 TASK 3C - Bidding Services $ 3,000 The compensation shall be based upon the same overhead, fringe and profit factors as stipulated in the original Agreement. 4730 Hwd:1012C/Ol-14-88 A-2 1 ,t DEP ARTtv,cNT AL CORRESPONDENCE [ITY DF DELRAY BEA[H TO ~lter O. Barr~" City Manager ~('1.'---~ j. ~0Cl,eL-- FROM Dav10 J. Kovacs, Director Department of Planning and Zoning SUBJECT CITY COMMISSION DOCUMENTATION MEETING OF FEBRUARY 23, 1988 - CONSENT ITEM WATER SERVICE AGREEMENT FOR McCANN, 104 COCONUT February 16, 198f ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of approval of a water service agreement. Approval is by motion authorizing the Mayor to execute the agreement. In many instances, a water service agreement goes before the I Planning and Zoning Board prior to action by the City Commission. ~ In this particular case service is readily available and the I parcel~in an enclave. Since this is a very straight-forward and simple request, the item has been forwarded directly to the commission for action. BACKGROUND/ANALYSIS: Since this request is for an existing use and no further development is anticipated it is assessed as follows: 1. The use is a single inspected the site overcrowding or code family home. and there is violations. Code Enforcement no appearance of 2. The parcel is not contiguous and therefore is not eligible for annexation. 3. An 8" water main lies in Coconut; thus, no extension or upgrading of facilities is necessary. Connection will be via a one inch (1") service line tap. 4. The existing use is consistent with the zoning proposed pursuant to the Enclave Report and our Land Use Map. 5. There are no public improvements which will be required as a condition of annexation at a future date. The area does lack sewer, as does similarly situated properties which are within the City. <6 :~.~ :362 TYE EFFORT ALWAY~ MATTER~ ,t To: City Commission Documentation Re: Meeting of February 23, 1988 - Consent Item Water Service Agreement for McCann, 104 Coconut Page 2 There are no unusual aspects to this request. Upon approval of the agreement, Mr. McCann will work with Public Utili ties in order to obtain service. The legal description has been verified by the City Engineer. The form is standard. Some minor corrections are necessary prior to sign-off by the City Attorney's office. A location map is attached. ALTERNATIVE ACTIONS: 1. continue for further information. 2. Approve. RECOMMENDED ACTION: I I , Approval. Attachment: - location map copy: Bob Pontek, Director of Public Utilities Project File REF/DJK~15/B:CCDOCMC.TXT ~ ,t . . ~I I ~ r.... 0 ~\'4 0 .hl.',...... '" ~ -::;;.. _ ';0 -C-. ~ --.. p;'-/,; \ 0 ~ (,- N l'I') I')llo.. 00 \.rj Cs 7"-lllljlVl ,.1 ~ ~V ~ ~ ~~ ~~ :::. ~....,. ~ :;; . .0. ~- .... !''It:: ~ <:> i.": .!') ~~~ ~ f:t ~N'-.i ~~ ~ f--. ~ ""> ,,~ ~ - _~;.. L..n - 0' "Q a 'kIT A 3 ? n 0 B CD '" p~ "ovl .LII:ti- ,8t ,.,l;ol ,0" ,8L .~ _ ~ ~<i- N ~ :a- ;: - - 0.:- ~ '0 0 ,IiIL "'ca, \S' - 0 .8L t'I ~ .LI! to. "'; .LI!!) .LII ""'" <( ,LII ~ ~.."",~ D~. = ~ '<t~ 0 ~ = .... 4<l 2a J. c:4 -.\ III ~ ", I'l <{. t-. 0 Cl .;{" o:~ t) on. z / ~ '\. -:J"r-, ~ 0 '-oJ -~ ~ . ~ Q ::~ " ' g ,:;""~ \J. .. :!) 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'" ........ ./1 .." :: :~ ~ .'" 7~ ..... ~ . . ''iW)~ IC) ",- - ~ 3 l ~ - '" ~ ~ ~ ~ t "" ~ '" '" M ~ ~ . ~ . ."1 t ~ ~ ~ ,"/ ,~ . ~ ~ ....... ~ - '-' j:::: ~ ~ -..J ..... ~ -1 f ~... I J.S3Y() 1T3S . ....' ... '" .. ~.J ~'il 4 .z...." . a ..,. ~ r- ,leI l! .. . ... .. ~ .. r~ . ,'M" ....- ~.~' 'p -.--- ~ ~ ~ 3 ..' TO FROM DEP ARTf\..ENT AL CORRESPONDENCE Walter O. Barry, Cit~ Manager 0\ . David M. Huddleston, Director of Finance SUBJECT City Auction .. (::',1 J62 [ITY DF DELRAY BEA[H ~~(j C ii, 02-05-88 Attached is the Auction Inventory List of personal property which the various City departments suggest be included in City Auction. Per Administrative Policy and Procedure Number PUR-10, this list shall be approved by the City Manager and City Commission prior to advertising and holding an auction. If this list is approved, the tentative date for auction is late March or early April. DMH/tg/sam cc: Elizabeth Arnau, City Clerk Ted Glas, Purchasing Administrator Barbara Schooler, Financial Management Analyst THE EFFORT ALWAYS MATTERS I I I q l <t i .' 1988 CITY OF DELRAY BEACH AUCTION ITEM LIST I. VEHICLES A. Owned Cars and Trucks (by Department) Police a. 15 cars Parks and Recreation a. 1 car b. 9 trucks Utility Billing a. 1 truck Public Works a. 1 car b. 2 trucks c. 1 dump truck Fire a. b. City a. City 1. 2. 3. 4. 5. 6. 2 cars 1 truck Hall 1 car B. Confiscated (seized) Vehicles 1. Police a. 1 car (Corvette) C. City 1. Owned Motorcycles Police a. 1 motorcycle b. 2 scooters and Scooters (by Department) II. ITEMS LIST, STOLEN OR ABANDONED (IN POLICE CUSTODY) A. Televisions (48) B. Bicycles (39) C. Jewelry - Various 1. Rings (18) 2. Necklaces (10) 3. Bracelets (8) 4. Watches (15) 5. Earrings (1 pair) 6. Charms (4) 7. Tie Tacks (3) 8. Cufflinks (1 pair) 9. Money Clips (3) 10. Lighters (4) 11. Key Chains D. Tools - Various 1. Screwdrivers (12) 2. Pliers (5) 1 l ,t 3. Lugwrench (6) 4. LUjlnuts (60) 5. Hammers 6. Bolt/Wire Cutters (2) 7. Router 8. Manual/Power Saws (2) 9. Chisel E. Hunting/Kitchen Knives (6) F. Car Radios - Various 1. AM/FM Cassette (5) 2. AM Radio 3. 8-Track Player (3) G. Audio Visual Equipment - Various 1. AM/FM Stereo Turntables (2) 2. Movie Camera 3. Movie Projector 4. AM/FM Radios (2) 5. Video Recorder 6. Speakers (4) I 7. Radio Cassette Players (6) 8. Tape Recorder t 9. Cable TV Converter , 10. CB's (4) 11. Telephone Answering Machine 12. Binoculars 13. Scanners (2) 14. Small Calculator 15. Adding Machine 16. Typewriter 17. Telescope H. Clothing - Various 1. Mens a. Underwear b. Shorts (2) c. Tank Top Shirts (2) d. Belts (2) 2. Womens a. Underwear b. Sweater c. Jumpsuits (4) d. Dresses (4) e. Jackets (2) f. Purses (2) 3. Juvenile a. Baby Clothes (17) 1. Lawn Mower J. Hatchet 2 -,~ K. Hubcaps (5) L. Bottle of Cologne M. Box of Liquid Ultra Glow N. Toys a. b. (1) Plastic Guns (2) Seerite Projector O. Sunglasses (2) P. Ceramic Dishes (6) Q. Life Jackets (2) R. Fishing Lures (7) S. Postal Scale T. Flare Launcher U. Straw Basket with Handles III. CITY OWNED MISCELLANEOUS EQUIPMENT (BY CATEGORY) A. Office Equipment 1. Transcriber (1) 2. Calculators (4) 3. Cabinets (16) 4. Typewriter Stands (4) 5. Typewriters (9) 6. CRT Stand (1) 7. Word Processors (2) 8. Micro Computer (1) 9. Lockers (4) 10. Hat and Coat Rack (1) 11. Printer Sound Shield Cover (1) 12. Copiers (6) 13. Microfilm Machine (1) 14. Microfilm Viewer (1) B. Office Furniture 1. Sofa (1) 2. Stools (3) 3. Chairs - Assorted Types (116) 4. Chair Racks (4) 5. Desks and Credenzas (16) 6. Folding Tables (10) 7. Folding chairs (26) 8. Bookcase 3 I I l ~ C. Office Supplies 1. Time Card Rack 2. File Frames - Legal (8) 3. Toner 4. Typewriter Ribbons (20) 5. Telephone 6. Empty Type Case D. Electronic Equipment 1. Video Monitor 2. Video Player 3. Radio 4. Slide Projector 5. Cameras - Various (3) 6. Tape Recorders - Various (2) 7. Microphone 8. Microphone Stand 9. Amplifier 10. Antenna 11. Speakers - Various (4) 12. Vacuum Cleaners (2) I 13. A/C Units - Various (3) 14. Coffee Machine I 15. Turntable , 16. G.E. Electric Motor 17. Standby Motor 18. Vacuum Pump and Pedestal Induction Motor 19. Motor Pump Type RFS 30 E. Miscellaneous Electrical Supplies 1. Light Fixtures - Various (8) 2. Flush Junction Box 3. Electrical Box 4. Box Lights and Accessories 5. Small Fuse Box 6. Small Breaker Box 7. Fuse Box with Breaker 8. AC Motor Starting Switch Box 9. Breaker Panel 10. Fuse Panel 11. Drive Box 30 HP Pump 12. Generator Stand F. Kitchen Equipment 1. Drinking Glasses (48) 2. Ice Cooler 3. Ice Machine (2) 4. Deep Fryer 5. Hot Grill 6. Refrigerator (2) G. Miscellaneous Equipment/Supplies 1. Coat and Hat Rack 2. Resuscitators (4) 4 1 ,t I .' 3. Gas Masks (2) 4. M&sk Cases (2) 5. Vents (2) 6. Oxygen Boxes (2) 7. Airway 8. Fire Mic 9. Fiberglass Rescue Board 10. Oxygen Cylinder 11. Dory Wooden Oars 12. Lawnmower 13. Weight Scale 14. Canvas Tennis Nets (4) 15. Grass Trimmer 16. Compressed Air Sprayer 17. Brush 18. Paint Handle 19. Life Support Jacket 20. Hook Rod 21 . Log Roller 22. Concrete Saw 23. Fan 24. Cones (11) 25. Sign Stand 26. Ladders - Pool (2) 27. Bush Axe (4) 28. Rake - Folk 29. Survey Sticks (2) 30. Miscellaneous Parts 31. Yard Rakes (2) 32. Dirt Packer 33. Tar Tank 34. Hammer Drill 35. Test Set-up 36. Timer - PCN (200) 37. Timers (0) 38. Timer Tester 39. Oscilloscope 40. Scotchlight Heatlamp Applicator with Vacuum H. Automotive Parts 1. Car Bumper 2. Emergency Light Bars (3) 3. Seat Belt Brackets (6) 4. Car Cushions (10) 5. Mirrors (3) 6. Handbrake Cable (2) 7. Brake Shoes (5) 8. Transmission Filters (2) 9. Starter Drive 10. Toggle Switch 11. Points (9) 12. Condensers (6) 13. Spark Plug Wires 14. Sealbeam #4000 (3) 5 .,t 15. Sealbeam #5001 (11) 16. Hose 17. Signal Switch 18. Headlamp Switch (3) 19. Battery Switch 20. Bush Hog Gear Head 21. Bush Hog Yokes (4) 22. Transmission Cooler 23. Impact Wrenches (6) 24. Air Ratchets (4) 25. Car Interior Moldings (6) 26. Car Radios (20) 27. Rotating Beacon Casings (10) 28. Base Station Radio Transformer 29. Base Station Radio 30. Hand Spotlight 31. Police Loudspeakers (8) 32. Police Car Cages (8) 33. Rotating Beacon Assembly 34. Radio Parts 35. Car Seats 36. Truck Bumper 37. Door Lock 38. Signal Switch 39. Signal Lamp Assembly 40. Circuit Breakers (2) 41. Wiper Motors (2) 42. Ignition Buzzers (5) 43. Sealbeam #4578 (2) 44. Light Repair Kit 45. Ignition Switch 46. Distributor Cap 47. Ignition Rotor 48. Fuel Filter 49. Thermal Limiter (2) 50. A/C Relay (3) 51. Park Lamps (2) 52. Spark Plug Adaptor 53. Horn Relay Switch 54. Tires (10) 55. Rims (8) 56. Grinder 57. Ohm Meter 58. Timing Light 59. Gas Nozzles (2) 60. Tire Changer 61. Light Switches (2) I f I. Water and Sewer Equipment 1. Pacific Hoist Crane 2. Red Roder 3. Sewage Pumps a. 5.4 HP (1) b. 7.6 HP (1) 4. Meter Locators (2) 6 ~ 5. Drive Shaft - 7 ft. 6. Support Bar - 7 ft. 7. Ton Control Panel Door 8. Convertible Panel Door 9. Crocker Wheels - Joshua Hendy Motor 10. Small Drive Shaft Cover 11. Large Drive Shaft Cover 12. Round Deck Flange 13. Pipe (6 ft.) with Deck Flange 7 ,t RESOLUTION NO. 10-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE STATE LEGISLATURE UTILIZE CERTAIN OF THE FUNDS IN THE STATE INFRASTRUCTURE TRUST FUND FOR MATCHING GRANTS TO LOCAL GOVERNMENTS TO ASSIST IN MEETING THE REQUIREMENTS FOR INFRASTRUCTURE AS SET FORTH IN SECTION 163.3177, FLORIDA STATUTES, RELATIVE TO REQUIRED COMPREHENSIVE DEVELOPMENT PLANS; AUTHORIZING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE LEGISLATIVE DELEGA- TION OF PALM BEACH COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, THE MUNICIPALITIES WITHIN PALM BEACH COUNTY, THE GOVERNOR AND CABINET OF THE STATE OF FLORIDA, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR AN EFFECTIVE Di\TE; AND FOR OTHER PURPOSES. WHEREAS, the sixth cent of salAs tax revenue will raise approximately 1. 2 billion dollars per year: and, WHEREAS, 550 million dollars of this new revenue must be deposited into a State Infrastructure Trust Fund; and, WHEREAS, cities and share in this trust fund even nues; and, counties will not automatically though it is from sales tax reve- WHEREAS, one of the authorized uses of the money in the State Infrastructure Trust Fund is for matching grants to local governments to assist in meeting the infrastructure requirements as set forth in Section 163.3177, Florida Statutes, relative to local governments Comprehensive Development Plan; and, WHEREAS, the City Council of the City of Delray Beach, Florida, is aware that the St.ate has sever", infrastructure needs, the City Council of the City of Delray B",ach is requesting the State Legislature to also recognize the needs of the local governments with regard to infrastructure, including but not limited to utilities; and, WHEREAS, the City Council of th", City of Delray Beach desires to request the State Legislature t.o assure that some of this new revenue will revert to local governments for local infrastructure needs which are becoming critical, as well. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS' Section 1~ The State Legislature is hereby formally requested by the City of Delray Beach, Florida, to utilize a portion of the money in the State Infrastructure Trust Fund for matching grants to local governments to assist in meeting the local governments' infrastructure requirements, as set forth in Section 163.3177, Florida Statutes, relative to comprehensive development plans as this is one of the authorized uses for the money in the State Infrastructure Trust Fund and there is a critical shortage of monies at the local government level in order to provide the required infrastructure. /0 Section 2. The City Clerk is hereby authorized and directed to furnish copies of this Resolution to the Legislative Delegation of Palm Beach County, Florida; the Board of County Commissioners of Palm Beach County; the municipalities located within Palm Beach County; the Governor and Cabinet of the State of Florida; the President of the Senate; and the Speaker of the House of Representatives of the State of Florida. Section 3. This Resolution shall take effect upon adoption by the City Council of the City of Delray Beach, Flori- da. PASSED AND ADOPTED in day of regular session on this , 1988. the MAY 0 R ATTEST: City Clerk - 2 - Res. No. 10-88 DEPARTrv.....:NTAL CORRESPONDENCE TO Walter O. Barry City Manager [ITV DF DELRAY BEA[H Joe Weldon FROM Director of Parks and Recreation SUBJECT F.I.N.D. Grant ~U,;t.6/88 Attached please find an application and resolution for a Florida Inland Navigation District Grant to renovate the 10 finger piers at the Delray Beach Municipal Marina. The piers are in poor condition as noted in the attached report from Coastal Planning and Engineering. The F.I.N.D. Grant program is a 50/50 matching fund program with payments made on a reimbursement basis. Our source of matching funds will be the $128,718.00 in the marina fund balance and the $23,500.00 bUdgeted for capital improvements in the operating bUdget. The marina generates approximately $78,000.00 irl revenues each year. I On February 11, I met with Walt Mayton, a commissioner for the District. After reviewing the project, Mr. Mayton felt we had a good chance of receiving a grant and encouraged us to apply. Deadline for grant application is March 1, 1988. This is a cooperative project between the Engineering Division and the Parks and Recreation Department. \ ,\, (1 ~:. -{: 'vv~. ~-_>>v,j Joe Weldon Director of Parks and Recreation JW:cc Attachment cc: Robert A. Barcinski Assistant City Manager File eM 362 The ..:; . :,R r ALWAYS MATfEc. I , l ,t ~LUlUUA lNLANU NAV1(.;AT IllSTl(lGT GRANTS TO LOCAL GOVERNMENTS . 1. PROJECT SPONSOR: Lia1sOll Agent: Title: Address: PROJECT PROPOSAL City of Delray Beach ;~p Wp.lcinn ~irector. Parks and Recreation SO NW 1~~ Avp _ nplr8V Re8ch. Fl. 11444 Telephone No: (305) 243-7251 2. PROJECT TITLE: 3. PROJECT A}!OUNT: Renovation of piers at City Marina Total $ 150,000.00' . FIND Share $ 75,000.00.. Source of Matching Funds: Marina fund. balance. 4. OWNERSHIP OF PROJECT SITE: Lease Interest If Leased - Nsme of Lessor: Fee Simple Title x Terms and Conditions: :0.";"'. '.~ s. TYPE OF PROJECT: Development Combination Other Construction 6. PERMITS REQUIRED US Armv Corns of Rngineers Florida Dent. of Environmental Regulations DATE RECEIVED P,::>nrling ppnrfin~ OTHER: 7. ESTIMATED STARTING DATE: ESTIMATED COMPLETION DATE: May-June 1988 8. PREVIOUS FIND GRANT: This Project Site _ Apr;l_M~y lQRQ YES NO x 9. NAME: Joe Weldon SIGNATURE: (r~ l J Jl.L Director, Parks and Recreation TITLE: FIND - Ex.2 II l .t RESOLUTION NO. 11-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING GRANT ASSISTANCE UNDER THE FLORIDA INLAND NAVIGA- TION DISTRICT GRANTS TO LOCAL GOVERNMENTS PROGRAM FOR THE RENOVATION OF THE DELRAY BEACH MUNICIPAL MARINA. WHEREAS, the City of Delray Beach is- interested in carrying out the renovation of the Delray Beach Municipal Marina for the enjoyment of the citizenry of Delray Beach and the State of Florida; and, WHEREAS, the Delray Beach Municipal twenty-one (21) permanent and three (3) transient been in operation since the 1950's; and, Marina offers slips and has WHEREAS, in 1987, the seawall wall was replaced at a cost of approximately $146,000.00; and, WHEREAS, the Marina's ten (10) piers condition and in need of immediate replac~ment; are in and, critical WHEREAS, the Marina is part of the Downtown Redevelop- ment Plan and ties in with Veteran's Park to form a pedestrian riverwalk to enhance and improve recreation opportunities; and, WHEREAS, Florida Inland Navigation District financial assistance is required for this program; and, WHEREAS, the City of Delray Beach 1s desirous of making application to the Florida Inland Navigation District in the amount of $150,000.00, which is fifty percent (50%) of the actual cost of the project, in behalf of said municipality, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That the City of Delray Beach will accept the terms and conditions set forth in the FIND Grants Guidelines which will be a part of the Project Agreement for any grant awarded under the attached proposal as Exhibit "A". Section 2. That the City of Delray Beach is in com- plete accord with the attached proposal (Exhibit "A") and that it will carry out the Program in the manner described in the propos- al and any plans and specifications attached thereto unless prior approval for any change has been received from the District. ~tion 3~ That the City of Delray Beach has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said municipality for public use. Section 4. That the City of Delray Beach will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964), and design and construct all facilities to comply fully with statutes relating to accessibility by handi- capped persons as well as other federal, state and local laws, rules and requirements. jl S~ction ~ That the City of Delray Beach will maintain adequate financial records on the proposed project to substanti- ate claims for reimbursement. Section 6. available to FIND, project prior to. or ten percent (10%) of That the City of Delray Beach will make a post-audit of expenses incurred on the in conjunction with, request for the final the funding agreed to by FIND. PASSED AND ADOPTED in regular session on this the day of . 1988. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 11-88 . t EXHIBIT "A" FWlllUA lNLAi'lU NAV1(;A. IN 1l1STtl!G'J: GRANTS TO LOCAL GOVERNMENTS PROJECT PROPOSAL . 1. PROJECT SPONSOR: Liaison Agent: Title: Address: City of Delrav Beach .Top tJpliton Director. Parks and Recreation ~o NW IR~ Avp.. nplray Beach. FL 31444 Telephone No: (305) 243-7251 2. PROJECT TITLE: Renovation of piers at City Marina 3. PROJE~T AMOUNT: Total $ 150,000.00. . FIND Share $ 75,000.00.. Source of Matching Funds: Marina fund. balance. 4. OWNERSHIP OF PROJECT SITE: Lease I9terest If Leased - Name of Lessor: x Fee Simple Title Terms and Conditions: 5. TYPE OF PROJECT: Development Combination Other Construction 6. PERMITS REQUIRED DATE RECEIVED US Armv Corns of F.ngineers Florida Deut. of Environmental Rel!;ulations P~nning ppnnin~ OTHER: 7. ESTIMATED STARTING DATE: ESTIMATED COMPLETION DATE: May-June 1988 Apr;l_M~y lQAQ 8. PREVIOUS FIND GRANT: This Project Site - YES NO x 9. NAME: Joe Weldon SIGNATURE: ~ ( J - Q..9 J TITLE: Director, Parks and Recreation FIND - Ex.2 r In... DEP ARTtv.cNT AL CORRESPONDENCE [ITY DF DELRAY BEA[H ~~Ci TO ~. er O. Barr1,;City Manager ~~ J. fuuc~C'J--- David J. Kovacs, Director Department of Planning and Zoning FROM SUBJECT CITY COMMISSION DOCUMENTATION MEETING OF FEBRUARY 23, 1988 FIRST READING OF ORDINANCE AMENDING "POSTING" REQUIREMENT l.\eE February 16, 198 ITEM BEFORE THE COMMISSION: The action requested of the Commission is first reading of an ordinance deleting Section 30-23-(B)-(d) of the Zoning Code. A I pUblic hearing will following - tentatively on March 8, 1988. t I BACKGROUND: At its meeting of January 26, 1988, the City Commission provided direction to pursue the deletion of the "posting" requirement for rezoning actions. This direction was provided in order to facilitate annexations and zoning of the enclaves. The posting requirement is not mandated Clerk has prepared the ordinance and reading. by state law. it is ready The Ci ty for first The Planning and Zoning Board has not yet formally made a recommendation on this item. They will review it at a meeting of February 22nd. Their recommendation can be presented at the Commission meeting. ALTERNATIVE ACTIONS: 1. Reconsider the previous direction and do not initiate the proposed amendment. 2. Hold first reading and set a pUblic hearing date. 3. Continue with direction. RECOMMENDED ACTION: Hold first reading of the proposed ordinance. REF/DJK*15/B:POSTING.TXT CJ 362 THE EFFORT ALWAYS MATTERS 1"2- l ~t t ~ .~ DEPARTML.~TAL CORRESPONDENCE [ITY DF DElRAY BEA[H .~'~.\ _~ ~ I / .~~,.. r.... .... ....,.... ~"- ....-' ..- ..__~_lil! . .. -..",. J Elizabeth Arnau, City CI~rk \" \\y, ':- David J. Kovacs, Director Department of Planning and Zoning ORDINANCE REQUEST FOR ZONING CODE AHENDNENT 2-1-88 At its meeting of January 26, 1988, the City Commission provided direction to pursue the deletion of the "posting" requirement,. associated with the rezoning of property. In order to proceed with this direction, please have an enacting ordinance prepared and placed on the Commission's agenda which will accommodate the following: DELETE Section 30-23-(B)-(d): to wit "In addition to the above and foregoing requirements, in all proposed rezoning proceedings, the applicant shall post a notice of proposed rezoning, in a form prescribed by the City, on the property proposed to be rezoned at least ten (10) days in advance of the public hearing before the planning and Zoning Board. The notice shall remain posted on the property until after the public hearing has been held. Notices and posts are available from the City Planning Department for a twenty-five dollar ($25.00) deposit. If the applicant wishes to use a sign other than the ones available from the Planning Department, the sign must be approved by the planning Department before posting. Sufficient proof of proper and timely posting of such a notice of proposed rezoning shall be submitted to the Planning and Zoning Board prior to the conducting of the public hearing on the proposed rezoning and shall be a condition precedent to the further processing of the rezoning application by the City. Proof of posting shall be by photograph and affidavit. The form of the affidavit is available from the Planning Department". c: ~alter O. Barry, City Manager /Nancy Roti, Executive Secretary to the City Manager 1 ,t I I ORDINANCE NO. 7-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-23 "REZONING REQUESTS", BY REPEALING SUBSECTION (B) "PROCEDURES", SUBPARAGRAPH (2)(d) IN ITS ENTIRETY IN ORDER TO DELETE THE POSTING OF NOTICE REQUIREMENT ASSOCIATED WITH THE REZONING OF PROPERTY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Sect,ion 1. That Chapter 30, "Zoning", Section 30-23 "Rezoning Requests", subsection (B) "Procedures" , subparagraph (2)(d) of the Code of Ordinances of the r.ity of Delray Beach, Florida, be, and the same is hereby repealed in its entirety. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Se~tion 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect. the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading /~ DEP ARTtvlcNT AL CORRESPONDENCE [ITY DF DELRAY BEA[H TO ~.... O. Barry,- City Manager ~C0~~.\}~uQe~ David J. Kovacs, rl1rector Department of Planning and Zoning FROM SUBJECT CITY COMMISSION DOCUMENTATION FIRST READING OF ENACTING ORDINANCE FOR THE MAZDA ADDITION WITH S.C. ZONING February 16, 198 ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of first reading of the enacting ordinance for the annexation, with zoning of I Specialized Commercial (SC), for the Mazda Dealership and associated property located northwest of the intersection of I LaMat and Federal Highway. A pUblic hearing will be held at I second reading which is tentatively scheduled for March 22nd. This item has not yet cleared the Planning and Zoning Board, it will be reheard by them on Monday, February 22nd. The first reading of the enacting ordinance is being accommodated at this time at the special request of Mr. Roger Saberson, attorney representing the landowner. BACKGROUND: The expansion of this dealership has previously been centered in controversy. Attempts were made to expand the use under County auspices. After much consternation, the City produced documentation which shows that a portion of the area proposed for develop~m lies within the City's jurisdiction. Upon that showing, the County Attorney advised the County Commission that jurisdiction was with the City. The property owner then prepared to process his development plans through the City. The first step of this process is that of annexation and establishing City zoning. The Planning and Zoning Board first heard the item on January 25, 1988. Despite objections to the expansion by the property owner to the north (commercial land holdings), the Board forwarded a recommendation to accommodate the annexation with SC zoning. Subsequently, the attorney (Saberson) for the petitioner requested a rehearing at the Planning and Zoning Board in order to insure that technical matters dealing with the manner of notice do not present difficulties to him at a later date. The Board is holding its rehearing on Monday, February 22nd. ,~ ,u"- T;,c EFFORT AL/J,jY iV1 ,';,.fFF1S ,t To: City Comm~ssion Documentation Meeting of February 23, 1988 Re: First Reading Of Enacting Ordinance For The Mazda Addition With S.C. Zoning Page 2 The Board has also reviewed a conditional use request with attendant site for the actual use/site expansion. That matter will be presented to the Commission upon enactment of the annexation ordinance (tentative date of March 22nd). The annexation and zoning do not present matters of concern. There are matters of concern with respect to the actual site development but these are addressed via a separate action/item. The Planning and Zoning Board's staff re!;>ort is attached for informational purposes. ALTERNATIVE ACTIONS: 1. Continue with direction 2. Hold first reading of the enacting ordinance and set a hearing date. RECOMMENDED ACTION: Approve the enacting ordinance for the Mazda Addition on first reading. Attachment: P&Z Staff Report of January 25, 1988 REF/DJK#14/B:MAZDACC.TXT ,t PU-1NN I NG 8. LuN I NG CITY OF OELRAY BOARD BERCH STAFF REPORT - -- MEETING OCITE: AGENDA ITEM: ITEM: January 25, 1988 III. E. ANNEXATION AND INITIAL ZONING OF SC FOR THE MAZDA ADDITION (CHAMBERLAIN PROPERTY AT FEDERAL HIGHWAY AND LAMAT) OIS ~AL"$ OF Of:L"AY (1....82' AT . f?, .... GENERAL GENERAL DATA: OWner Agent Location Property Size "4;.. S 0' O::..~.4' .. 46.""G.... TROPIC 8AY . "'E BI(. rll - PG 20 DATR: ....................... William Chamberlain ....................... Mark Marsh, Architect Digby Bridges, Marsh, & Assoc. ....................... Northwest corner of Federal Highway and LaMat Avenue 6.37 acres County Plan & Zone Designations. Commercial Commercial, General Commercial Adjacent Zoning City Plan Designation Various commercial categories north, east, and south. Res. to west across Dixie \ PRo F.xisting Ld~-.C. '~1~_;(. i.1a::(:<1 dCdlcI stili"', 'J'~(',lfJt houses, unused 1 1 ']ht -ut -way Proposed Land Use Expansion of Mazda dealerShip and associated uses (body Shop repair, service, sales) Water and Sewer Service Extension of on-site services already provided by the City. ITEM: JJr. IE. t ! {2l The time limits of subsection (C)(ll above may be waived by three (3) affirmative votes of the City Council when such action is found and deemed necessary to prevene injustice or to facilitate the proper development of the City. !n considerinq an application for rezoninq, the Planninq and Zoninq Board and the City Council shall make written findinqs indicatinq that the proposed chanqe has been studied and considered in relation to the folloWinq standards, where applicable: III will the chanqe be contrary to the proposed land use plan and have an adverse effect on the plan? 121 Will the Change be contrary to the eXistinq land use pattern? ( 3) will the chanqe to adjacent and zoninq? create an isolated district unrelated nearby districts; i.e., is this spot ( 41 Will the chanqe alter thereby increa.inq the as schools, utilities, the population density pattern. load on public facilities such streets, ."ie. 7 ( 5) Are the present district boundaries illoqically! drawn in relation to the eXistinq condition on the p~perty proposed for change? I (6 I Have changed or changinq conditions made this rezoning necessary? , proposed (7 I will the chanqe adverse_y influence livinq in the neiqhborhood7 conditions (81 will the chanqe create __ excessively increa.e traffic congestion or otherwise .ffect public safety? (9 ) will the chanqe create a drainaqe problem? (10 ) will the chanqe seriOUSly reduce Ugh t and air to adjacent areAS? ( 11) will the chanqe adversely affect property values in the adjacent area? (12) will the chanqe be a deterrent to the improvement or development of adjacent property in accord with eXisting regulation.? (131 will the chanqe constitute a grant of special priVilege to an individual owner as contrasted with the public welfare? (14) Are there substantial reasons why the property cannot be used in accord With eXisting zoninq? (15) Is the chanqe out of scale with the needs of the neighborhood or the City? 116) Is it impossible to find other adequate sites ln the City for the.proposed use in zoning districts already allOWing such use? (17) Has sufficient evidence been presented to justify the need for the change? - 263 - ,.t ORDINANCE NO. 8-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE NORTH SIDE OF LA MAT AVENUE, BETWEEN U.S. HIGHWAY NO.1 AND OLD DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, William A. Chamberlain is the fee-simple owrler of Lots 10 through 21, inclusive; Lots 22 through 25, inclusive, less the East 2.00 feet thereof; and the South One-Half (S 1/2) of Lot 26, less the East 2.00 feet ther~of, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Reach County, Florida; together with that portion of the ten (10) ft. alley right-of-way abutting Lots 21, 22, 23, 24, 25 and the South One-Half (S 1/2) of Lot 26, Block 13, DEL-RATON PARK. and the East One-Half (E 1/2) of that portion of the ten (10) ft. alley right-of-way abutting Lots 6, 7, 8, 9, 10 and the South One-Half (S 1/2) of Lot 5, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida (abandoned alleys as recorded in Palm Beach County Official Record Book 4230, Page 1983, and Official Record Book 2965, Pages 1779-1782); together with Lots 31 through 42, inclusive, and Lots 27 through 30, inclusive, less the East 2.00 feet thereof, and the North One-Half (N 1/2) of Lot 26, less the East 2.00 feet thereof, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida; together with that portion of the ten (10) ft. alley right-of-way abutting the North One- Half (N 1/2) of Lot 26 and Lots 27, 28, 29. 30 and 31, Block 13, DEL-RATON PARK, and t,he East One-Half (E 1/2) of that portion of the ten (10) ft. alley right-of-way abutting Lot 42, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida (abandoned alleys as recorded in Palm Beach County Official Record Book 4230. Page 1983 and Official Record Book 2965, Pages 1779-1782); together with Lots 24 through 46, inclu- sive, Block 2, less the West 50 feet thereof; Lots 1 through 10. inclusive, Block 14; Lots 1 through 9, inclusive, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida; together with the West One-Half (W 1/2) of the ten (10) ft. alley right-of-way lying adjacent to Lots 1 through 9, inclusive, Block 13, DEL-RATON PARK (abandoned by Palm Beach County Official Record Book 4230, Page 1983 and Official Record Book 2965, Pages 1779-1782), and the West One-Half (W 1/2) of the ten (10) ft. alley right-of-way lying adjacent to Lots 1 through 10, inclusive, Block 14, DEL-RATON PARK (abandoned by Palm Beach County Official Record Book 4222, Pages 1625-1627); together with that part of abandoned Avenue "G", DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Pages 9 and 10 of the Public Records of Palm Beach County, Florida, more particu- larly described as follows: Begin at the Northwest corner of Lot I, Block 13 of said Plat of DEL-RATON PARK, thence East along the North line of said Lot I a distance of 120.00 feet to the center line of the alley right-of-way lying east of and adjacent to said /3 Lot 1, thence North along the Northerly extension of said center line a distance of 50 feet to the intersection with the Easterly extension of the South llne of Lot 10, Block 14, thence West along said South line a distance of 120.00 feet to the Southwest corner of said Lot 10, thence South a distance of 50 feet to the said Point of Beginning. WHEREAS, Roger G. Saberson. as for William A. Chamberlain, has requested the property annexed into the municipal Delray Beach; and, duly authorized Agent by his petition to have limits of the City of WHEREAS. now contiguous to Beach, thus making time; and, the subject property hereinafter described is the corporate limits of the City of Delray said petition for annexation effective at this I WHEREAS, the designation of a zoning classification ~s part of the annexation proceeding, and provisions of City Corte Section 30-23 have been followed in establishing the proposed zoning designation; and, WHEREAS, the City of Delray Ben~h has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes, NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: ~tion I. That the City Council Beach, Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wit; Lots 10 through 21. inclusive, and Lots 22 through 25. inclusive, less the east 2.00 feet thereof, and the South One-Half (S 1/2) of Lot 26, less the East 2.00 feet thereof, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida; TOGETHER WITH that portion of the ten (10) ft. alley right-of-way abutting Lots 21, 22, 23. 24, 25 and the South One-Half (S 1/2) of Lot 26, Block 13, DEL-RATON PARK, and the East One-Half (E 1/2) of that portion of the ten (10) ft. alley right-of-way abutting Lots 6, 7, 8, 9. 10 and the South One-Half (S 1/2) of Lot 5, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida (abandoned alleys as recorded in Palm Beach County Official Record Book 4230, Page 1983, and Official Record Book 2965, Pages 1779-1782); TOGETHER WITH Lots 31 through 42, inclusive, and Lots 27 through 30, inclusive, less the East 2.00 feet thereof, and the North One- Half (N 1/2) of Lot 26, less the East 2.00 feet thereof, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida; - 2 - Ord. No. 8-88 TOGETHER WITH that portion of the ten (10) ft. alley right-of-way abutting the North One-Half (N 1/2) of Lot 26 and Lots 21, 28, 29, 30 and 31, Block 13, DEL-RATON PARK, and the East One-Half (E 1/2) of that portion of the ten (10) ft. alley right-of-way abutting Lot 42, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida (abandoned alleys as recorded in Palm Beach County Official Record Book 4230, Page 1983 and Official Record Book 2965, Pages 1119-1182); TOGETHER WITH Lots 24 through 46, inclusive, Block 2, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida; f TOGETHER WITH Lots I through IO. inclusive. Block 14, DEL-RATON PARK, according to the Plat thereof recorded in Plat Bonk 14 at Page 9 of the Public Records of Palm Beach County, Florida; TOGETHER WITH Lots 1 through 9, inclusive, Block 13, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida; TOGETHER WITH the West One-Half (W 1/2) of the ten (10) ft. alley right-of-way lYing adjacent to Lots 1 through 9, inclusive, Block 13, DEL-RATON PARK (abandoned by Palm Beach County Official Record Book 4230. Page 1983 and Official Record Book 2965, Pages 1119-1182), and the West One-Half (W 1/2) of the ten (10) ft. alley right-of-way lying adjacent to Lots 1 through 10, inclusive, Block 14, DEL-RATON PARK (abandoned by Palm Beach County Official Record Book 4222, Pages 1625-1621) ; TOGETHER WITH that part of abandoned Avenue "G", DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Pages 9 and 10 of the Public Records of Palm Beach County, Florida, more particularly described as follows: Begin at the NorthwAst corner of Lot I, Block 13 of said Plat of DEL-RATON PARK, thence East along the North line of said Lot 1 a distance of 120.00 feet to the center line of the alley right-of-way lying east of and adjacent to said Lot I, thence North along the Northerly extension of said center line a distance of 50 feet to the intersection with the Easterly extension of the South line of Lot 10, Block 14, thence West along said South line a distance of 120.00 feet to the Southwest corner of said Lot 10. thence South a distance of 50 feet to the said Point of Beginning. - 3 - Ord. No. 8-88 ! . The subject property is located on the north side of LaMat Avenue, between U.S. Highway No. 1 and Old Dixie Highway. The above-described parcel contains a 5.34 acre parcel of land. more or less. Section ~ That the Boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described ire hereby declared to be in Zoning District SC (Speciali~ed Commercial) as defined by eXisting ordinances of the City of Delray Beach, Florida. , Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities. ordinances and laws to which lands in the City of Delray Be~ch are now or may be subjected and persons res iding thereon s ),,'\11 be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section ~~ That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the ______ regular session day of on second and , 1988. MAYOR ATTEST: City Clerk First Reading ____ Second Reading .._-_.__._~_._. ---- ---~.__.- - 4 - Ord. No. 8-88 MEMORANDUM TO: Mr. Walter O. Barry City Manager FE6 1 'I .., ,.., ".. 1988 '." i)' f..74""u:'j.'tl' FROM: ~ Gerald B. Church, P.E. Acting Director of Public Works/City Engineer . : -/:I":fC,~ Robert S. pontek Director of Public Utilities ..1 , , " r ,,'r-. i SUBJECT: AGREEMENT FOR ADJUSTING UTILITY LINES DATE: February 12, 1988 Palm Beach County has received bids for the construction of Congress Avenue from the L-30 Canal to Atlantic\Avenue. Within these limits, Congress Avenue will be widened to six lanes, complete with curb and gutter. The County expects to award th~l contract by March, 1988 and anticipate construction commencing bY-I May, 1988. ,~ When the plans were being prepared, the field survey picked up numerous utility conflicts; that is, existing water mains are at the same elevation in place as the proposed storm sewer lateral lines. When it is not possible or feasible to move the water- lines, a special manhole structure has to be built. Also, valve boxes, manhole rims and fire hydrants have to be adjusted to match the new pavement grade. The work also includes installing water mains, as required to avoid pavement and drainage con- flicts. In negotiations with County personnel, it was determined that it would be in the City's best interest to have the plans and specifications include quantities to provide for the conflicts and relocating water mains. Subject to the prices quoted, the City would have the option of either proceeding with the work using other contractors, which would have to be done prior to the contractor moving in, or could authorize that the work be accom- plished as part of the road paving contract. The County has advised us based on the lowest bid submitted for the project, the cost for utility conflict structures and water mains is $99,510. The unit prices quoted are considered reason- able based upon current costs for this work. It may be noted there are provisions for Southern Bell to pay a portion of three (3) conflict structures which will accommodate both utility lines and telephone lines. /'+ I ". t ~ It is recommendgd that the City approve the agreement between Palm Beach County and the City of Delray Beach to provide for funding of utility construction required in connection with the widening of Congress Avenue. The city will perform inspection of the work to assure each conflict structure and water main work is required and properly installed. The agreement is attached and a copy has been forwarded to the City Attorney for his review. Also, attached is a summary sheet of the costs for the utility conflicts. ~ Gerald B. Church, P.E. GBC:RSP:aae ATTS: cc: Mr. Herb Thiele City Attorney (w/attachments to review agreement) II Ll }j l ~. f ~ < CONG~~ESS AVE. / W. ATLANTIC STRUCTURE No. n ** :33 ** 73 ** 72 7A 9B '~A 20A 9 12A STA.116+90 16A 32 33A 48 34A 4'~ 50A 51 52A ~7 ._.._~ 54A 40B 40A L.::. ..".l'IPE FROM S-20A TO S-'~ TYPE IF NOT CONF[tCT * P-5(< 10') * * * * * P-8(<10') P-1 (< 10') * * * P-6 ( < 10 ' ) * P-5(< 10') * P-6(< 10') * P-6(< 10') * P-5(<10') * * * J--7H< 10') 153 L.F'. OF 18" PI PE <. TO L-30 CANAL ESTIMATED COST OF UTILITY CONFLICTS CITY OF DELRAY UTILTITIES BASE COST EACH TYPE IF CONFL ICT $1 ,'~2(1.00 P7-H<10' } J-5</10') J-7H< 10') J-7T(<10' ) J-7T(< 10') J-7H< 10') J-7T(< 10') J-8( >10') J-1 (>10') J-7H< 10') J-7T(< 10') J-:,:(< 10') J-6(< 10') P-:3(< 10') J-5(<10') P-S(< 10') J-6(< 10') P-7(<10') J-6(<10') P-:3(<10' ) ,]-5(<10' ) P-8(< 10' ) J-7T(< 10') J-7H<10' ) J-71(< 10') 153 L.F. OF 42" PIPE $1,650.0(1 $2,500.00 $1,'''50.0(1 $1,'720.00 $1 ,'~50.00 $1 ,'~50.00 $1 ,'~20.00 $2,'7100.00 $3,:325.0(1 ADD THE FOLLOWING CONTINGENT ITEMS: 8 REMOVE & RELOCATE EXIST. FIRE HYDRANTS 9 TAPPING VALVE AND SLEEVE (S" X 6") 10 WATER MAIN (6" D.I.P.) MECHANICAL JOINT 11 CLASS 1 CONCRETE (THRUST BLOCKS) 12 PLUG FOR 611 D.I.P. 13 PLUG FOR S" D.l.P. 14 PLUG FOR 10" D.I.P. 15 WATER MAIN (S" D.I.P.) MECHANICAL JOINT 16 WATER MAIN (10" D.I.P.) MECHANICAL JOIN 17 2" GALV. IRON SLEEVES (36" OF COVER) IS CAST IRON FITTINGS 19 LIMEROCK BASE (16") ~o ADJUST GATE VALVE BOXES 21 ADJUST SANITAF.:Y SEWEP MANHOLE TOPS 23 TAPPING VALVE & SLEEVE (8") 24 TAPPING VALVE & SLEEVE (10") I)UANT I T Y .3 E.fi. 2 EA t.f:. LF r 10 em ., EA ~ " EA ~ EA 215 LFT 160 LFT 715 LFT 0.5 TON 250 SYD 10 EA ~ EA .-' .. E.~ L -, EA TOTAL COST OF AL L UT I L I TY CONF L I CT STRUCTUF.:ES: LESS COST SHARED WITH SDJTHERN BELL: FINAL COST TO DELRAY UTILITIES: CONTR.^.C r COST EACH $ t ~ (11)0. (J(J t..:., 271.1. f.1f) 't:2 , '?OO . 00 $ 2 , '100 . (10 <t ~:~ , qry) . 00 $2, -:';/)(1. 00 $2,900.00 $4,350.0(1 $3,500.00 $:2 , ':;rOO. 00 $ 2, ,,,00 . 00 $3,000.00 $3,500.00 t2.f:.OO.OO $3,270.00 $2,600.00 $.3.500.00 $:2 . '?OO . (tf) $3,500.00 $2, t:,(H). 00 $3,270.00 t2,600.00 t " .9(10.00 t ','-;'OO.IJO I', . <UHJ .I,H) $1 1.ry:;':::.OO unIT FF:ICE ; 1 . .~r)O. uo $l.~~UO.OO ''!i,,;:,~~. 00 -~ 1.5').00 ''11uO.uO c;l'.50.00 ;:::uo.oo !,21 . 00 :$:S5.0u ~7.00 -t:" 000.00 t.l0.00 $7:-;.00 l ,~::O(l . 00 t 1 . 51 If) . (H) "t,". /I,\f) .(11_' * STRUCTURE NOT PEI)UIPED FOP DPAINAGE SYSTEM. CCiNFL ICT ONL i. **COST SHARED WITH SOUTHEPN BELL. ~ JOB #:::3220 CUSI TO UIlL. CO. EP.CH $1, 9f_1I). (H) ~-1. . ~"3I.l. uu $2,9UO.OO $2. '~oo. (10 t-2, '=t(H). 00 $ ~~~ . ':If.IU . (II) $2,'100.(1(1 $2,700.00 $1 , (11)(1 . 00 $2,900.00 $2,':i(JO.OO $3.000.00 $1.550.00 $2,600.0(1 $1,350.00 $ 2. t.OO . 00 $1,550.00 $2,':l00.0(J I $1.550.0( $2,600.0(Jl $1,350.odJ $2,600.00 $2.900.00 $2, '10(J. 0(1 '$().(I(J $f;,. 273.00 If;-3. t.OU. 00 $.2.600.00 $1. 4r52 .(JI) ':;'1 . ~5(IO . Cl(J $200.00 $.::,00.00 $400.00 $5, :::05. UO $5,600.00 $5,OU5.00 $1 .500.00 t,2, 5r)(l. 00 ~7,:,(l. I)(J -t1.:~(l(l.OO .,:;. ()I'HI. f)(l $.t,41}().uU $1(J3,O:~:5.00 1?:.r::;7~.(l(l $'~'1, 51 (J. 00 ~c i .: .. Board of County Com mis, ,lers Jil" .:: '" Carol A, Roberts, Chair Kenneth'M, Adams, Vice Chairman Karen T, Marcus Carol J, Elmquist Dorothy Wilken County Administrato. lan Winters Department of Engineerin~ and Public Work. H. F. Kahle" County Engineer January 22, 1988 Mr. Gerald Church City of Delray Beach 00 Northwest 1st Avenue Delray Beach, FL 33444 SUBJECT: CONGRESS AVENUE FROM WEST ATLANTIC AVENUE TO L-30 CANAL, PALM BEACH COUNTY, FLORIDA - PROJECT #83220 Dear Mr. Church: ~ Enclosed please find the original Agreement between Palm B+~ch County and the City of Delray Beach for the funding of utility I construction along Congress Avenue from West Atlantic Avenue tql L-30 Canal. Also enclosed is the cost breakdown of the utilityJ conflicts amounting to $99,510.00. It would be greatly appreciated if the City would approve and execute said Agreement and return the oriqinal of same to this office for final execution by the Board of County Commissioners. Should you have any questions, please feel free to contact this office. Sincerely, <:"'. " , \ ~-x.... ,". -/--, .......--.. .--"' , . <C' . Donald L. Knapp, P.E., Director Engineering Services Division DLK:rmk Enclosures/ cc: Mr. John Carroll, P.E., Director Roadway Production ~ .. An Equal Opportunity. Affirmative Action Employer BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000 l ". , .. AGREErlENT BEHIEEN PAUl BEACH COUNTY AND CITY OF DELRAY BEACH FOR THE FUNDING OF UTILITY CONSTRUCTION ALONG CONGRESS AVENUE FROM WEST ATLANTIC AVENUE TO L-30 CANAL, PALM BEACH COUNTY, FLORIDA THIS AGREEMENT, made and entered into this day of , 1988, by and between Palm Beach County, a pol itical subdivision in the State of Florida, herein referred to as "COUNTY" and CITY OF DELRAY BEACH, a political subdivision in the State of Florida, herein referred to as "CITY", WIT N E SSE T H : WHEREAS, COUNTY and CITY desire to jointly participate in the construction of certain utilities within right-of-way of Congress Avenue from West Atlantic Avenue to L-30 Canal; and WHEREAS, Florida Statutes, Section 163.01, allows governmental by enabl ing them tJ J units to make the most efficient use of their powers cooperate with other localities on a basis of mutual advantage; and WHEREAS, the execution of agreement is in the best interest of both governmental units by promoting efficient utility construction along the Congress Avenue right-of-way referred to previously; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The City agrees to pay directly to the County costs attributable to said utility construction as outlined in the Specifications for this project; and 2. Said summation of costs is stated in the amount of $99,510.00; and 3. Said costs shall be adjusted upon completion of the project using as constructed quantities, said quantities being measured by the Survey Section of the Engineering Services Division of the Palm Beach County Engineering & Public Works Department. 4. The City agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the County that funding is required. 5. The County is to be responsible for administering the funds in accordance with this Agreement. 6. All provisions of this Agreement calling for the expenditure of valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS JOHN B. DUNKLE, CLERK BY: BY: ( Deputy Cl erk) CHAIRr~AN ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY ITS COUNCIL CLERK I I , BY: BY: CHAIRMAN ( SEAL) APPROVED AS TO FORM AND LEGAL SUFFICI ENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: 8Y: C!TY OF DEL RAY 8EACH ATTORNEY COUNTY ATTORNEY , i i -2- DEP ARTfv,_NT AL CORRESPONDENCE [ITV DF DELRAY BEA[H TO Walter Barry, City Manager FROM Robert Barcinski, Assistant City Manager SUBJECT CASON COTTAGE RENOVATION - BID AWARD FEBRUARY 23, 1988 AGENDA 1:"':'.1 2/19/88 This is a request to award a contract for the renovation of the Cason Cottage located on the Northeast corner of North- east First Street and Swinton Avenue, to First Construction Company, Inc., low bidder, in the amount of $30,915, plus a contingency of $3,085 for a total of $34,000. Funding to come from General Fund Operating Budget, various department accounts. Bid specifications were developed for this structure by the Community Development staff with consultation from the Historic Preservation Board. This project was bid as a simple rehabilitation and as a historic property renovation. Bids were received on November 24, 1987. Analysis has performed by staff and the historic board and a recommendation is made to award the contract to First Contstruction Company as a historic renovation with the adjustments to specifications as requested by Mr. Mayhew, for a total of $30,915 plus a contingency. Funding options are recommended as per Mr. Huddleston's memo. This item has been reviewed and recommended by the Purchasing Admistrators. RAB:ep IS eM 362 THE Ei'FORT ALWAYS MATTERo l ~t ~ TO Walter O. Barry, City Manager ~'(.\~~\ ,. ,- [ITY OF DELRAY BEA[H ~..,,(i DEP ARTI'vIENT AL DAVE CORRESPONDENCE HUDDLESTON: JB THROUGH: David M. Huddleston, Finance Director Ted Glas, purchasing Administrator FROM II~ Bids on Rehabilitation/Restoration of Perry Cottage SUBJECT Bid #88-24 DATE 2-4-88 The Community Development Division handles and processes their own formal bids on housing rehabilitation, subject to Purchasing Division review. Invitations to bid were mailed to nine (9) contractors. advertisement was placed in the Delray Beach News. A legal On November 24, 1987, formal bids were opened, at which time three (3) bids were received, per attached tabulation of bids. Purchasing's review of Bid #88-24 finds it to be in order with City Purchasing Procedures. staff recommendation is to award contract to low bidder, First COIlstruction, in the amount of $31,415.00, plus provide for a 10% contingency allowance of $3,141.00 if needed. This is not a budgeted item. Staff recommendation is that funds be provided from unappropriated fund balance in the amount of $34,556.00 Attachments Tabulation of Bids Recommendation from Coordinator of Community Development eM 362 THE EFFORT ALWAYS MA -0""''-- \-\ ~ 9V;;: t> VfK P ~ ~ ~~J ~~ _ JJ-J.- r' ud',~ ~;J i~~' '.Y ~;h L,~j1 ~9 l .t PROPERTY ADDRESS: BID OPENING: NAME OF CONTRACTOR FIRST CONSTRUCTION CASON COTTAGE BID SUMMARY SHEET 5 NORTHEAST 1ST STREET DELRAY BEACH, FL 33444 NOVEMBER 24, 1987 3:00 PM AMOUNT OF BID ALTERNATE #l (REHAB) $26,555 $28,850 $37,085 GEMINI CONSTRUCTION ENTER. NORENE CONSTRUCTION CO. INHOUSE ESTIMATE: ~ Stt MMct..p~ $33,884 ALTERNATE #2 (RESTORATION) 30, 915 ~ $n,4Ht $46,200 $50,840 $48,294 l '. DEPARTW. ~NTAL CORRESPONDENCE [ITY DF DELRAY BEA[H Robert A. Barcinski, Ass't City Manager TO BID ON CASON COTTAGE SUBJECT 2/17/88 " I spoke with the contractor concerning the changes in the specifica- tions. He stated that he did not have any money in it for the carpet, a mistake on his part, therefor that is one reason his bid was low. He deducted $200 for the vinyl tile, $1250 for the walls and doors and added $950 for additional work required on driveway for a total reduction in the bid price of $500. cason5 eM 362 THE EFFORT ALWAYS MATTERc l ,t DEPART'" ':NT AL CORRESPONDENCE [ITY DF ~ DELRAY BEA[H 5~(i Coordinator Lula Butler, Community Development TO FRorlilill Ayers, Housing Rehabilitation Inspector WV't- Meeting with Mr. Clemmer Mayhew - Cason Cottage 2/11/88 DATE SUBJECT I discussed the items on my memo dated January 8,1988 with Mr. Mayhew. After going over each item we decided on the following. 1. Driveway- the concrete runners are to be removed. In their place we shall install a shell rock base with river rock topping. 2. Roof Shingles - this will remain as specified Shingles. 3. Vinyl Flooring - Kitchen - Utility Room Area - we shall remove all vinyl covering. The wood floor under the vinyl shall be scraped and left for future resurfacing by the Historical Preservation Society. Fiberglass 4. Carpeting - no carpeting shall be installed. 5. Doors - this will remain unchanged. 6. New Walls & Doors - this item will be eliminated. Another item discussed was that in the event this office oversees the work that no member of the Historic Preservation Society will directly contact the contractor in reference to the work in progress. All contact shall be through our office. cc: RAB Cason4 CM 362 THE EFFORT ALWAYS MATTERS 'f .. BID S P E C I F I CAT ION SHE E T FILE NUMBER: Restoration DATE: February 11, 1988 PROPERTY OWNER: City of Delray Beach PROPERTY ADDRESS: Cason Cottage - NE 1st Street GENERAL NOTES: SPECIFICATION DESCRIPTION OF ANY NUMBER UNDER COLUMN TWO WILL BE FOUND IN THE "GENERAL BID SPECIFICATIONS" BOOKLET SUPPLIED TO ALL BIDDERS. WHEN INDICATED, THESE NUMBERS AND THEIR CORRESPOND- ING DESCRIPTIONS ARE TO BE BID ON AND STRICTLY ADHERED TO. eOL 1 ITEM' E-1 eOL 2 SPEC I 42,47 E-2 42,47 48,49 E-3 1,8,66 E-4 42,43 E-5 43 DESCRIPTION OF WORK TO BE eOMPLETED Repair all windows so as to be in an operable condition. Include new glass, screens, clips and mechanisms where needed. Provide blocks in all window sashes, to prevent opening of windows. Remove all aluminum windows (10 ) and replace with wood single hung windows to match existing. Install new parking area large enough to park a m1n1mum of eight (8) cars. Parking to be to rear (north) of build- ing with access from alley on east side. Parking surface to be minimum of 8" compacted shell rock with river rock topping. Remove and replace side and rear entrance doors. Replace with new wood entry doors to match existing. Provide. and install new lock sets, including dead bolts on front, side and rear doors. Front door to have double cylinder, keyed on both sides, dead bolt. ,t eOL 1 ITEM# COL 2 SPEC # E-6 1,3,4 E-7 80 E-8 83 E-9 83,1,8 E-I0 1,7,9 E-ll 9,13, 14,64,68 E-12 9,51,52 E-13 9,17,16b I-I 17,23 Remove existing rear steps and stoop. Replace with new wood steps and stoop to match existing. Provide and install new step to side door, concrete is accept- able. Remove all trash and debris from the property. Grade and level front, side and rear yards. Provide and install sod. Remove existing driveway and sidewalk on west side of house. Install a shell rock base with river rock topping to match. Replace with size and location of existing. Provide and install new support columns for carport. These should have a brick base up to a minimum of four (4) feet with actual support column boxed in to beam. Replace complete roof covering with new. Remove existing covering and replace any rotted sheathing and rafters. Install new eave drip edge and flashing. Apply one (1) layer 30# felt and tin tag then apply 240# self sealing fiberglass shingles. Replace any damaged soffit and fascia, provide soffit vents or rescreen exist- ing. Replace all damaged and rotted window trim, sills, siding and corner trim on complete house. New material to match existing in size and finish. Replace all damaged or rotted floor joists,sills and piers as needed. Provide and install new foundation screen vents as needed. Kitchen & Utility room remove existing floor tile . The wood surface under tile is to be scraped clear and left for future resurfacing by Historic Preserva- tion Board. 1 ,t COL 1 ITEM# I-2 COL 2 - SPEC# 19 I-3 28,40 I-4 82b I-5 33,34 I-6 6,43 I-7 27e I-8 80 I-9 42,42 All hardwood floors are to be sanded, filled and finished seal with minimum two(2) coats Polyurathane clear. Plaster walls and ceilings in all areas where damaged or previously patched improperly, rake cracks clean, remove all loose plaster and dry wall, where used as patch, and fill with plaster. New repair shall be struck level with surrounding surface to match existing finish. Clean all walls, ceilings and woodwork. Fill all holes, cracks and voids. Apply one(1) coat Porter #767 Latex Primer Sealer or equal. Finish walls and ceilings with two(2) coats Porter #689 High Hide Interior Flat Paint or equal. Prime woodwork with oil base primer and finish with two (2) coats oil base semi gloss. Provide and install 4" X 4" ceramic tile where tile is missing in the tub area. Repair existing doors where lock sets have been remove. Install new privacy lock sets, Dexter or equal on all interior doors. Remove or repair any existing damaged or missing base, window sills, door trim etc. New to match existing in size, style and finish. Remove existing wall cabinet to right of kitchen. sink also all cabinets surround- ing range. Opening between living room & room to be closed off by French doors (15 light). dining installing 1 ,t COL 1 ITEM* I-10 COL 2 SPEC* Remove existing heater from fireplace. Repair fireplace and flue so as to be in an operable condition for wood burning. PLUMBING P-l 78 Install two (2) new water closets round front watersaving model, complete with new supply, stops, wax ringseat and all necessary plumbing and fittings. P-2 78 Replace missing wall hung lavatory in office bath with new wall hung lavatory. Provide new two ( 2) handle faucet with all necessary plumbing and fittings. P-3 78 Repair any leaks and blockages that may exist in fixture, supply lines and waste lines. P-4 78 Remove existing Formica vanity and cabinet above in hall bath. Provide and install new Pedestal lavatory including new two (2) handle faucet with all necessary plumbing and fittings. ELECTRICAL EL-l 75 Replace any existing duplex receptacles, cover plates and switches as necessary to make all operable. Install any additional outlets as necessary to meet code and office requirements. EL-2 Provide' and install new paddle fans in all rooms except kitchen and baths. Fans to include all necessary wiring switches etc. 1 .t COL 1 I'J;'EM* EL-3 EL-4 COL 2 SPEC# 75 75 Install ceiling mounted smoke detectors. Check out entire AIC system and make any repairs as may be necessary to properly cool entire structure. BY THEIR SIGNATURES, THE ABOVE WORK IS APPROVED BY THE FOLLOWING: Specs3 Owner(s) Contractor l ,t i . . BID S P E C I F I CAT ION SHE E T FIl.E ~UMBER: . REHABILITATION DATE: FEBRUARY 1, 1988 PROPERTY OWNER: CITY OF DELRAY BEACH PROPERTY ADDRESS: CASON COTTAGE , NORTHEAST 1 ST STREET GENERAL NOTES; SPECIFICATION DESCRIPTION OF ANY NUMBER UNDER COLUMN TWO WILL BE FOUND IN THE "GENERAL BID SPECIFICATIONS" BOOKLET SUPPLIED TO ALL BIDDERS. WHEN INDICATED, THESE NUMBERS AND THEIR CORRESPONDING DESCRIPTIONS ARE TO BE BID ON AND STRICTLY ADHERED TO. COL 1 ITEM# E-1 COL 2 SPEC # 42,47 E-2 1,8,66 E-3 42,43 E-4 43 E-5 1,3,4 E-6 80 DESCRIPTION OF WORK TO BE COMPLETED Repair all windows so as to be in an operable condition. Include new glass, screens, clips and mechanisms where needed. Provide security bars or screens on all windows. Install new parking area large enough to park a m~n~mum of eight (8) cars. Parking to be to rear (north) of build- ing with access from alley on east side. Parking surface to be minimum of 8" compacted shell rock with river rock topping. Remove and replace side and rear entrance doors. Replace with new wood entry doors to match eXisting. Provide and install new lock sets, including dead bolts, on front, side and rear doors. Front and rear doors to be keyed alike. Remove existing rear steps and stoop. Replace with new wood steps and stoop to match existing. Provide and install new step to side door, concrete is accept- able. Remove all trash and debris from the property. ,t i . , COL 1 COL 2 ITEM' SPEC' E-7 83 E-8 9,51,52 E-9 9,17,16b E-10 9,13 14,64,68 I-1 17,23 I-2 I-3 28,40 I-4 82b Grade and level front, side and rear yards. Provide and install sod. Replace any damaged soffit and fascia, provide soffit vents or rescreen exist- ing. Replace all damaged and rotted window trim, sills, siding and corner trim or complete house. New material to match existing in size and finish. Replace all damaged or rotted floor jOists, sills and piers as needed. Provide and install new foundation. screen vents as needed. Replace complete roof covering with new. Remove existing covering and replace any rotted sheathing and rafters., Install new eaves drip edge and flash-. ing. Apply one (1) layer 30# felt and tin tag then apply 240# self sealing fiberglass shingles. INTERIOR Kitchen & Utility room remove existing floor tile and install new 12" X 12" vinyl tile. ( medium grade). Provide and install new commercial grade carpet on all areas presently covered with wood flooring. Plaster walls and ceilings in all areas where da~aged or previously patched improperly, rake cracks clean, remove all loose plaster and dry wall, where used as patch, and fill with plaster. New repair shall be struck level with surrounding surface to match existing finish. Clean all walls, ceilings and woodwork. Fill all holes, cracks and voids. Apply one coat Porter #767 Latex Primer Sealer or equal. Finish walls and ceilings with two (2) coats Porter #689 High Hide Interior Flat Paint or equal. Prime woodwork with oil base primer and finish with two (2) coats oil base semi gloss. 1 ,t . COL 1 ITF;M# 1-5 COL 2 SPEC# 33,34 Provide and install 4" X 4" ceramic tile where tile is missing in the tub area. 1-6 6,43 Repair existing have been remove. lock sets, Dexter interior doors. doors where Install new or equal locksets privacy on all 1-7 6 As per attached plan new walls and doors. be minimum 3'0". remove or install All new doors to PLUMBING P-1 78 Install two (2) new water closets front watersaving model, complete new supply, stops, wax ringseat and necessary plumbing and fittings. round with all P-2 78 Install new lavatory with washerless lavatory faucet single lever with pop-up including all necessary plumbing and fittings in the front bath. P-3 78 Repair any leaks that may exist. ELECTRICAL EL-I 75 Replace any existing duplex receptacles and cover plates and switches as neces- sary to make all operable. install any additional outlets necessary to meet code and office requirements. EL-2 75 Install new light fixtures in all rooms. Fluorescent six (6) foot fixtures where applicable. EL-3 EL-4 75 Install ceiling mounted smoke detector. 75 Check ou~ entire AIC system and make any repairs as may be necessary to properly cool entire structure. BY THEIR SIGNATUaES, THE ABOVE WORK IS APPROVED BY THE FOLLOWING: Owner(s) Contractor Rehab Specialist ,t TO Walter O. Barry, City Manager [ITV DF DELRAV BEA[H 7~~ DEP ART~ .2NT AL CORRESPONDENCE FROM t~Gerald B. Church, P.E. f Director of Public Works/City Engineer SUBJECT VARIANCE REQUEST BY JEANNE STAHL DATE 2/8/88 Jeanne Stahl requests a variance to Chapter 9, Article XV.S, Section 9-S29b, Condition 2 (required 10' setback for docks). Background: Mrs. Dorothy McArthur (1020 Seasage Dr.) requested that this office determine if the dock being constructed at 1026 Seasage had been issued a permit. The Engineering Department determined that no permit existed and ordered all work stopped until a permit had been obtained. Said permit was obtained and plans were approved with a 10' setback (Permit *5730-87M). After the dock construction was completed, Mrs. McArthur again called this office requesting that an inspection be done -- she felt thH dock was too close to her property. Said inspection confirmed l that the dock was too close to the adjacent property. jJ On April 6, 1987, Ms. Stahl was officially notified of the problem (see attached letter). The contractor at no time during the construction of this dock notified Engineering that work was under- way, nor did he request the required inspections. Since this dock could have been built to code without causing a hardship for the petitioner, Engineering recommends this variance not be granted. This item had been placed on the City Commission's May 26, 1987 Meeting Agenda, but was requested to be withdrawn by Ms. Stahl. The adjacent property owner has been contacted for comments on requested variance. GDC:GBC:ji Attachments ,to eM 362 THE EFFORT ALWAYS MATTERS :4 .' .~ 't ..1.' 't ~ & 1. , ( > 0,,' i ., ; ~ / , , ~ " . , 4@) ! -~ ;-.... ~. . . CUr 2- "7 7 ENGINEERING DIVISION ~ April 6, 1987 frJlJ:. CERTIFIED MAIL liP 391 503 424 RETURN RECEIPT REQUESTED Mrs. Jeanne Stahl 1026 Seasage Drive Delray Beach, Florida 33444 fl.:(;j[ ~ l) <L \.. --r ~ 7J Vll\1.(;A Re: Dock on Lot 13, Block 5 - Seagate Dear Mrs. Stahl: As per our conversation, March 10, 1987, your newly constructed dock does npt conform to the plans approved by this office for issuance of a Building Permit. The nonconformance, specifically the dock extends within ten feet of the adjacent property. You must either obtain a variance from: City.eom- missioners (contact Donna - Ext. 120 in the Building Department) or remove that section of the dock that does not conform. II u j) You will have thirty (30) days to respond or this matter will be forwarded to the Code Compliance Division. If this office can be of any assistance, please con- tact me. Very t~uly yours, S4-L0J Stephen W. Ford Coastal/Land Development Engineer SWF:mrc ,t ,. .,/ .'!'}f pl-' . .t' , It \ - Jeter~. tiulotta - ATTORNEY a COUNCI:L.L.OR AT LAw SUITt: 8E 80e N. E. FIRST STREET DELRAY BUCH, FLO,,'QA 334~ (3015) 272.15707 ,- . - " .'r i't" 13 'JI _- February 12, 1988 ~r. Gates Castle Ass't. City Engineer 100 N.W. 1st Avenue Delray Beach, Florida. l<E: "Is. Jeanne Stahl 1026 Seasage Drive aequest for variance; Chapter 9, Art.XV.5, Sec. 9.529,(b)(2). Dear Sir: In response to your letter of February 8th, please be advised that ~rs. I Dorothy McArthur, the abutting landowner to the north of the subject II property, Is strongly opposed to the granting of a variance In the above II matter. Further, she urgently requests that the applicant be required to jJ remove the offending portion of the dock as soon as possible for the following reasons: (1) Far from showing hardship or immediate need deviate from the ordinance, the applicant does not even own a boat. T sole purpose behind her request is so that a friend can dock his boat at ,r home for some six months of the year, according to her own admission tu "e. His boat is and has been there for some six to eight weeks at this writln6' It Is felt that merely to accommodate a friend does not seem a proper ~eason to permit a departure from the statutory set-back line. (2) "Irs. :.lcArthur earnestly believes that by petTi ttin" the violation to remain five feet into her set-back area, the value of her property Is lessened and could conceivably impair its mortgageabi1 ity, since a title search and survey would reveal and define the Incurslo, as an encumbrance, and order its removal before a mortgage could be granced. (3) If not the dock itself, certainly a boat moor'"-! to it, as is now the case, being five feet Into the set-hack area, InLtferes "ith "Irs. )1c Arthur's absolute riparian right to a clear and unobsctucted view or vista to which she is entitled. (4) From the date the first piling was instaUed,rs. :!cArthur called the City Engineer who immediately inspected the property and advised both the apP4icant and her contractor, in person, that the set-back line was being violated. At that point, it would have meant the re-Iocation of only one piling. But Instead of that, they first claimed to have a building Jeter ~. (fIu(otht ArrO"NEY a COUNCI:LLO" AT LAw SUItt 8E 80SJ N. E. FI"ST STNIEET DELNAY BEACH, FL.O"IDA. 334.. (3051 272-5707 permit, which in fact they never had. They eventually got a permit, but proceeded to complete the dock as originally planned, both knowing of the set-back requirements, and in total disregard of the city ordinance and ~rs. McArthur's rights as an abutting landowner. Although work was stopped and the contractor's equipment removed when the lack of a building permit was discovered by the city, it was re-commenced and completed within days after Mrs. :lcArthur shuttered her home and left the area for her annual vacation. (5) The applicant has made the claim to me that other neighbors in the area have no objection to the violation. This mayor may not be the case, but it overlooks the point that Mrs. McArthur's property, which has served as her residence since 1959,is the only one directly affected by the intrusion. It is her property line and her set-back rights which have been adversely imposed upon. She, as abutting landowner, is the one the ordinance primarily seeks to protect. II My client sincerely hopes that adherence to the subject ordinance will be lJ mandated, as she herself has complied for thirty years of Delray Beach j residency, and that the somewhat bizarre methods employed by the applicant and her contractor not be rewarded or condoned by 2~ :lting of the relief sought. Peter F. Culotta ...... . .".';';~ ~}~':'" .,..,~~,,~.. (' " " " . ~, [ITY OF DELRAY BEA[H' CITY AnORNEY'S OFFICE 310S.E.lsISTRFET.SlIITE4 .)p". .~,~.- DELRA Y BEACH, FLORIDA 33483 305/243,7090 February 12, 1988 Mr. Matt Gracey, Sr. Gracey Bros Real Estate & Insurance 505 East Atlantic Avenue Delray Beach, Florida 33444 Subject: Proposal for Purchase of Lot 13, Block 4, Del-Ida Park Subdivision Dear Mr. Gracey: The purpose of this letter is to confirm our conversations of Tuesday. February 9, 1988, wherein we discussed the sale of the above-real property from your clients to the City of Delray Beach, Florida. After our discussions, it was agreed that the seller would be willing to sell the property to the City of Delray Beach for the price of $12,000.00, with the proposal by the City being that the seller pay the documentary stamps and the cost of the title insurance for the transaction. The documentation and other costs would be in accordance with the standard form Florida Bar/realtor contract. You expressed that the division of the costs of the transaction would be subject to review by the le!!"al counsel for your client, alon!!" with their review of the form of the contract. Furthermore, we would request from your client proof of their current owner- ship of the property, along with proof of the authority of the trustee or officer/director of the owner of their authority to execute such real property contracts and to subsequently execute the documents of conveyance. As we discussed, although the City Attorney's Office was authorized to conduct negotiations for the purchase and sale of this property, no represen- tations by me can or should be construed to be binding upon the City. Rather, any such proposed contract and offer of sale is expressly subject to the approval and ratification of the City Commission of the City of Delray Beach, Florida. It is our current intention to schedule this matter for the City Commission's consideration at their regular City Commission meeting of Tuesday, February 23, 1988, which meetings commence at 7:00 p.m. In order to expedite this matter we have drafted a proposed Contract for Sale and Purchase of the above-referenced property, an original of which is enclosed herewith for your further use. ,'1 . .. Mr. Matt Gracey, Sr. February 12,. 1988__ Page 2 Thank you for your cooperation and kindness, and if you or your clients have any questions concerning this matter, please contact me personally at your earliest convenience. Sincerely yours, OFFICE OF THE CITY ATTORNEY CITY 0 ELRAY BEACH, FLORIDA sq. By: HT:jw Enclosure cc: City Commission Walter O. Barry, City Manager'/ Gerald Church, City Engineer Elizabeth Arnau. City Clerk I :.:. f ~ ~ PLANNING 8 ZONING CITY OF DELRAY BOARD BEACH STAFF REPORT --- M:ETING o=ITE: September 21, 1987 AGENDA ITEM: lILA. ITEM: CONDITIONAL USE PE~~IT FOR PROPOSED STORAGE BUILDING FOR USE IN CONJUNCTION WITH DELRA~ PLAZA 3 c "ALLS tAle ll(L..... , _...~ GENERAL DATA: Owner ........................ Robere wiebelt Agent ...................... Albert (Skip) Jackman Location .................... Property fronting Florida Av~nue and located to the rear of Oe1ray Plaza . parcel size .......~........ .142 acres or 32,300 square feet; this is only a portion of a .853 acre parcel; the balance of the parcel has been developed as a part of the Oe1ray Plaza project; also, the site for the proposed storage building is to be combined with the balance of the site resulting in a total site of approximately 3.5 acres .. .. Land Use plan designation... commercial. LUP amendment in 11-86 Current zoning"............. se, rezoned from RM-15 in 11-86 Adjacent zoning ............ RM-15 to north and west, se to east and south current land use vacant exce~t for paved area which is lnappropr~ately used for parking Adjacent land uses ......... Ralph Buick to the south, Delray Plaza to the west, vacant to the east, and residential to the north 1~ I TEM# J:Jj . t- ~. 2nd R A T o -- -N F L o R I D A 3 3 4 3 1 albert jackman DESIGNER . February 19, 1988 City of Delray Beach attention: Mr. Walter Barry city manager N W Re: Delray Plaza A V E N U E Dear Mr. Barry, Pur.uant to your phone call of this date I would re.pectfully reque.t that my client captioned above be allowed a rehearing by the City Commi..ion. B o C A I take full re.pon.ibility for the error in not being pre.ent at the February 9 City Commi..ion meeting when my client. project wa. con.idered for conditional approval. In a. much a. we did not have any repre.entation I would appreciate the opportunity to pre..nt our ca.e before the City Commis.ion. I feel that we have many facts that need to be reviewed .0 that the City Commis.ion can make a decision with all the information available to them. Once again I am truly .orry to have mi..ed the meeting but the.e thing. do happen and, it was certainly not done intentionally. In this world of so many city boards and m.eting dat.. we all mu.t have mi..ed one or two, I am sorry it was one that i. .0 impor- tant to a busine..man and property owner in Delray Beach. Thank you for your as.istance in this matter. Thank You It (305) 392-0068 ,~ DEP ARTtvll.:NT AL CORRESPONDENCE [ITY OF DELRAY BEAEH ~~(i TO (4ter 9.\ B"fry, Cky Man.ager ~CLdJ; \b\)~ David J. Kovacs, Director Department of Planning and Zoning FROM CITY COMMISSION DOCUMENTATION MEETING OF FEBRUARY 23, 1988 - CONSENT ITEM SUBJECT REQUIREMENT FOR WAIVER OF PROCESSING FEE ASSOCIATED WITH CONDITIONAL USE REQUIREMENT FROM A TAX EXCEMPT SPONSOR DATE February 16, 198, ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of a waiver of the processing fee associated with a project which is to be sponsored by a 501-C-3, tax exempt agency. The fee involved is $385. waiver of processing fees is accommodated through formal action I (motion) of the City commission. l BACKGROUND: Attached is the request. The proposed use is to be a part of substance abuse rehabilitation program. The applicant has provided all other items required in the submission. Waiver of the fee will result in direct costs of advertising and mailing by the City. These fees are not significant for this project. RECOMMENDED ACTION: Approval of the requested waiver. Attachment: Allerton request f&J eM 362 THE EFFORT ALWAYS MATTERS l ~t f . \ ( GEORGE M. ALLERTON 28 N.E. 8TH ST. DELRAY BEACH. FL 33~44 (3015) 278-6008 Ilmkl/~~ ~cJ5c ~~ioN M<'t"~~ WI'L.L 1{61 ~E A ?R.iUJqE ~/~ AND Will. dj")c(~ lJ(<IMA.~Li UN1>ER. T14F; Au;wices of AT /..EM"' ONE OF 1l{E- TAX BCfM'PT (501-C - 3) p~'1 'BEA0-4 AG-E.^lci ~ ) W A.ivER of ~ CoNNEcrE!> WiTH ~IS A T>~lcAr(oN , I S "RE6l ves-re:> . . - '. '. ";~..: . ". ""\lO,'Oo:,..-. ',.:. I ~t ~ ! I DEPARTMa=NTAL CORRESPONDENCE [ITY OF DELRAY BEA[H ~~(j TO Walter O. Barry, -City Manager C:~7\o{R~~~or Department of Planning and Zoning FROM SUBJECT CITY COMMISSION DOCUMENTATION MEETING OF FEBRUARY 23, 1988 REQUEST FOR WAIVER OF PROCESSING FEE ASSOCIATED WITH LAND EXCHANGE DATE February 11, 1988 ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of a waiver of two of three applicable processing fees associated with a project which involves City participation. Waiver of processing fees is accommodated through formal action (motion) of the City Commission. I L Ocean Properties and the City Commission have heretofore enteredo' into an agreement for the exchange of land located north of the Holiday Inn along AIA. The Commission has directed that the exchange occur. To accommodate the exchange it is necessary to process a land use plan amendment, a rezoning, and a subdivision plat. The fees for each process are $1,100, $825, and $880 respectively for a total of $2,805. A request (attached) has been made for the rezoning and subdivision fees to be waived. The basis for the request is that this is a joint project between Ocean Properties and the City. Ocean Properties is absorbing all costs for surveying and preparation of documents including the subdivision plat. BACKGROUND: ASSESSMENT: The fees for the land use amendment will cover costs associated with all phases of this project. Given the circumstances, it appears appropriate that the request be granted. The negative impact to the City is the loss of potential revenue in the amount of $1,705. There will not be an actual out-of-pocket loss since direct costs associated with processing will be covered by the land use amendment fee. RECOMMENDED ACTION: Approval of the requested waiver. Attachment: - Currie Schneider Associates' letter of February 1, 1988 c: Project File ').0 eM 362 THE EFFORT ALWAYS MATTERS . ~. ~ r . Currie Schneider Associates AlA, PA c 1\l{hllt'( I'>, Planol"" & Interior De~ig1wr., . ."~ . 2~d ee/(' DeJra. each. Fl 33444 Ie::) 'I i98im6-49s1. 191-5592.737-2279 February 1, 1988 . \ .j, .} l...; \!' Mr. David Kovacs, Planning Director Planning and Zoning Department CITY OF DEL RAY BEACH 100 NW 1st Avenue Delray Beach, Florida 33444 Re: Camino Real Expansion 88463 Dear Mr. Kovacs: As applicant for the Plan Amendment, Rezoning and Subdivision of the above referenced project, I am requesting a waiver of the $825.00 Rezoning Fee and the $880.00 Subdivision Fee. Iq applying, our client will pay the $1,100.00 Plan Amendment Feq and hopes that this is sufficient to cover all the other costs. t I submit this request as per January 29, 1988. Thank you for matter. Please contact me directly need any further information. ., our discussion Friday morning~ your consideration in this if you have any questions or Sincerely, CURRIE SCHNEIDER ASSOCIATES AlA, PA g~,~ Partner RGC/jp A:David l ~~ ~ , FROM Joe Weldon Director of Parks and Recreation tlTY DF <() DELRAY BEAtH ~~(i DEPARTMENTAL CORRESPONDENCE TO Walter O. Barr?- City M",n"'gAT. SUBJECT Mausoleum Contract 2/)1.(88 For your information, the purpose of the attached Agenda Request is that within 60 days of signing the mausoleum contract (January 5, 1988), Total Prearrangement, Inc., is to present for conceptual approval the mausoleum design and specifications. Contractually, the construction of the mausoleum must begin within 6 months that 33% of the crypts have been paid for. In order for Total Prearrangement, Inc., to begin business, it's necessary for the building design to be approved, with a corresponding number of crypts and niches, so a basic price structure can be established. Once the building design has been conceptually approved, the plans will be forwarded to the Building Department for plan approval. Additionally, I would like to discuss revisions in the cemetery Rules and Regulations and other cemetery pricing. I'm waiting for the revised regulations to be forwarded from the City Attorney's office. Parks and Recreation Attachment JW:cc ce: Robert A. Barcinski File ?4- eM 362 THE ErFORT ALWAYS MATTERS l lt4 \ .' DEP ARTtv,ENT AL CORRESPONDENCE [ITY OF DELRAY BEA[H ~(i Walter O. Barry TO City Manager ~ Joe Weldon FROM Director of Parks and Recreation SUBJECT Background on Mausoleum Agreement ,~Y18/88 In January, 1987, proposals were requested for the construction and operation of a mausoleum at the municipal cemetery. Although there was some interest, there were _ no proposals received by the February 6 deadline. After the deadline, five (5) companies or individuals continued to show interest in the concept and were asked to put their proposals in writing, keeping in mind the guidelines established by the original request. Two firms responded, Terrence Michael Lee and Associates of Highland Beach and Total Prearrangement, Inc., of Stuart. The committee that reviewed the proposals (Department staff and a local funeral director) felt that Total Prearrangement was the better proposal since it relieved the City of the financing and risk, and still returned a fair revenue on projected sales (See attached). Additionally, during negotiations, language was added to the contract concerning insurance (construction and business), performance bonds, and escrow accounts for crypts, niches, vaults, and memorials that further reduce the City's exposure to liability and risk. During the hearings, some local funeral directors expressed concern about the contract and whether it would allow for competing services such as funeral homes and cremations. I met with the funeral directors, and although that was never our objective, language was specifically added to the contract to address their concerns. On December 22, City Commission approved the agreement with Total Prearrangement. The fOllowing are pertinent sections of the agreement: 1) The term of the agreement is for twenty (20) years with an option to review for ten (10) years. 2) Total Prearrangement shall pay 25% of the proceeds to the City from the sale of each lawn crypt, mausoleum and niche; 20% of the proceeds from vaults and memorials; and 50% of the proceeds from the sale of each grave space. 3) Construction of the mausoleum shall commence within six (6) months that 33% of the crypts have been paid for or within CM 362 THE EFFORT ALWAYS MATTERS I --t four (4) years after the date of the initial crypt sale with con~truction completed within five (5) years. 4) Prior to beginning the mausoleum, Total Prearrangement shall supply the City with a performance bond securing 100% of the construction of the mausoleum for payment of all persons providing labor or furnishing materials. 5) Total Prearrangement shall set aside a construction escrow from the proceeds of each crypt and niche and a merchandise escrow from the sale of each vault and monument. 6) The City and Total Prearrangement shall agree on the specific location, plans, building specifications, number of crypts and niches, and total sales price. 7) Total Prearrangement shall maintain a sales Delray with the location, size, and general to prior approval of the City, and will have sales office within three (3) years of agreement at the cemetery. office within decor subj ect constructed a signing the 8) On the fourth (4th) year anniversary of this agreement and each year thereafter, Total Prearrangement must average at least $500,000 per year in gross sales over the transpired period of the agreement or the City has the option to terminate the agreement. Total Prearrangement has established their business office at the Executive Mallon Atlantic Avenue. The agreement specifies, in order to begin the project, that within sixty (60) days of signing the agreement (January 5, 1988), Total Prearrangement is to present for conceptual approval the mausoleum design and specifications. The conceptual approval by City Commission will determine the nwnber of crypts and niches and the prices they can be sold for. Additionally, I would like to discuss revisions in the cemetery rules and regulations and increases in cemetery prices for grave spaces and openings and closings. I'm waiting for the revised rules and regulations to be forwarded from the City Attorney's office. J-s~ eldon tor of Parks and Recreation JW:cc ~t ~ .- , Mausoleum Crypts Single Double Niche Lawn Crypt Grave Plots: Resident Non-Resident Re$erve Annex Area Infant Cremains Goods & Services: Burial Vault Bronze Memorial Set Markers Opening and Closings Infant Mon. - Fri. Sat., Sun., and Holidays COMPARISON OF CEMETERY PRICES Boca Raton $2650-3350 $3600-4400 $675-990 $475 Old Section $535 New Section $150 $150 Single $300 Double $300 & Up - Single $1086 & Up - Double Delray Beach Delray Beach Boynton Beach (Existing) (Proposed) $1845-2745 ------------ $1495-2445 $3015-4200 ------------ $2590-4690 $450-875 ------------ $595-795 ---------- ------------ $1000 Single $1500 Double $225 $250 $350 $600 $500 $600 $350 ------------ ------------- $37.50 $50 Resident $50 Resident $100 Non-Resident $100 Non-Resident $250 Resident ---------------- Double $400 Non-Resident Double $250 Resident Double $400 Non-Resident Double $550.00 $750.00 & Up $35.00 Single $45.00 Double $50.00 $50.00 $80 * $25.00 $30 Resident $30 Resident * $60 Non-Resident $60 Non-Resident * $250.00 * $125.00** $140 Resident $240 Resident * $350.00 after 3pm $280 Non-Resident $300 Non-Resident $800.00 * $175.00** $240 Resident $340 Resident * $380 Non-Resident $400 Non-Resident *INCLUDES SET-UP WITH TENT, LOWERING DEVICE, CHAINS, ETC. **$100.00 ADDITIONAL FOR TENT,LOWERING DEVICE, CHAIRS, ETC. : DEPARTtv ~NTAL CORRESPONDENCE [ITY DF DELRAY BEA[H FROM Robert Barcinski, Assistant City Manager TO Walter Barry, City Manager SUBJECT LEASE AGREEMENT/PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY ';'A rc 2/18/88 This is a request to enter into a lease agreement with Palm Beach County Cellular Telephone Company. The lessee agreement would permit Cellular Telephone to install and operate up to five (5) ten (10) foot-high antennae, one microwave dish (up to 10' diameter) and a 12' x 28' equipment building on City Water Plant property. The antena and dish - mounted on the water tank at the water plant - the building to be installed on the grounds. This is a five year lease agreement with five (5) renewable five (5) year terms subj ect to Commission approval. The City would receive the following as part of the lease agreement. 1. $300.00 per month rent 2. Up to seven (7) mobile and/or portable telephones installed at no charge. Monthly rates to be as follows: a. $5.00 per month access charge b. Per minute charge of $ .26 primetime, $ .19 off time (Rates subject to normal rate increases and regulatory charges) 3. Lessee will be responsible for water tank maintenance subject to City Manager approval. The City Attorney has reviewed the agreement and has amended sections per the attached. Recommend City Commission approval of lease agreement as amended by the City Attorney. RB:ep ~~ U/\ 362 THE EFFORT ALWAYS MATTER" PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY LEASE AGREEMENT AMENDMENTS Changes are as follows: 1. Section 3 "Term" - add to end of second sentence ,"subject to City Commission approval". 2. Section 4 (b) "Rent" change as follows: "Lessee shall provide and install up to seven (7) mobile and/or portable cellular telephones at no charge to the Lessor. Telephones installed subject to City approval. Monthly rate charges will be at preferred municipal rates; currently $5.00 per month access charge - $ .26 per minute prime time use, $ .19 per minute off time use. Rates subject to normal rate increases and or regulartory changes. Monthly rates (preferred municipal) shall also apply to other telephones purchased or leased by the City. 3. Section 4 (c) "Rent" add to sentence "subject to City Manager approval". 4. Section 15 "Assignmentll Eliminate second sentence. 5. Section 16 "Successors and Assigns Eliminate section 6. Section 16 - Add new Section Titled "Special Provisions" to read as follows: "Prior to construction lessee will receive the following approvals. a) C.A.B. approval for the building and landscaping. b) Director of Planning approval for a non-inpacting site plan modification. c) Building Department approval for installation and structural integrity of anchoring devices. TO Robert A. Barcinski, Assistant City Manager ~ 0, /.(IN~~ David J. Ko~cs, Director Department of Planning and Zoning [ITY DF DELRAY BEA[H ~Ci DEPARTt-v.~NTAL CORRESPONDENCE FROM SUBJECT CELLULAR ONE "A rcFebruary 18, 1988 The request by Cellular One to install a microwave dish on the south water tank (City water treatment plant site) ~ along with five (5) whip antennae installed on the top of the water tank, was discussed at TRC today. Comments are as follows: Use: The use of "communication facilities" is not listed within the list of uses in the R-1A zone district in which the property is located. Further, the major use of the property also is not allowed. The proper zoning of the property is community Facilities (CF). Under the CF designation, communication facilities are allowable as a conditional use. In another situation, Bell South was required to obtain a conditional use permit to establish facilities in an Industrially zoned area. Regarding use .... a decision must be made (I suggest advice of counsel) whether: a) the use is not permitted; thus requiring a rezoning and conditional use hearing prior to construction (time frame of late Mayor late June; or, b) the use, as proposed, will be used by the City and be considered as accessory to normal business and an increase in intensity of use ...... thus, subject to land use review or approval. can not not Reviews and Approvals: A lease agreement must include that prior to construction approvals must be received from: a) C.A.B. for the building and any landscaping; b) Director of Planning for modification, approval to consensus from the T.R.C.; a non-impacting site plan be granted upon such a c) Building Department regarding structural integrity of the anchoring of the devices. Note that antennae are exempt from height regulations. '::~/1 362 THE EFFORT ALWAYS MATTERS To: Robert A. Barcinski, Assistant .City Manager Re: Cellular One February 17, 1988 Page 2 Other: While not within the scope of the Technical Review Committee, suggestions were made that instead of a quid-pro-quo arrangement, the City should lease the use of the tower at an appropriate market value and use the proceeds as it deems most appropriate. c: Bob Pontek, Director of Public Utilities Gerry Church, City Engineer Kerry Koen, Fire Chief REF/DJK#15/B:CELLUAR.TXT ........ .... . ....... . ...... . ....... . ..... . ........ litc-.. f:IVPn FE85 1988' CITYM . AiVAGI-R'~ -- " nFFICE Cellular One February 4, 1988 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW lst Avenue Delray Beach, Fl 33446 Re: Water Tower Lease Dear Mr. Barcinski: I have enclosed a copy of the revised Lease Agreement for the Water Tower as a result of our meeting yesterday. I realize that you are aware of our critical coverage problem and look forward to meeting with Barry, and Mr. Pontek next week at your cnnvenience the proposa 1. cellular you, Mr. to review Please advise me -l.S to whpTl ~"e can meet. Sincerely, .~~~- rfiJ Thomas M. Forbes ~~- Communications Consultant TMF/mf Enclosure Palm Beach County Cellular Telephone Company, One Clearlake Centre, 250 Australian Ave.. South, Ninth Floor, West Palm Beach, FL 33401 (305) 833-1111 - 1-800-227-8643 Toll Free in Florida PROPOSED LEASE AGREEMENT THIS SITE -LEASE AGREEMENT ("This Lease") is entered into this day of ____________, 1988 bet~een City of Delray Beach and Palm Beach County Cellular Telephone Company ("Lessee"). For good and valuable consideration, the parties agree as foIl o~s: 1. Premises. Subject to the follo~ing terms and conditions, Lessor leases to Lessee a portion (the "Premises") of the real property (the "Property") descri bed in Exhi bi t A attached hereto. The Premises comprises 350 square feet and are situated within the Property as described in Exhibit B attached hereto. 2. Use. The Premises may be used by Lessee for the transmission and reception of radio communication signal in any and all frequencies, for the construction and maintenance of up to five (5) cellular antennas plus a microwave dish up to ten (10) feet upon a water tower owned by the Lessor and an equipment building located on the real property described in Exhibit A attached hereto. Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense all licenses and permits required for Lessee's use of the Premises. 3. Term. Except as is set forth in Paragraph 7 hereof, the term of this Lease shall be five years, commencing upon written notification by Lessee to Lessor of Lessor's receipt of all 1 governmental appr':lvals (the "Commencement Date") and terminating at midnight, the last day in the month in which the fifth (5th) annual anniversary of the Commencement Date shall have occurred. Lessee shall have the right to e~tend this Lease for Five (5) ~~'U!> ~e.~ ., ..,....---...-Q. additional five year terms. Each renewal term shall be on the same terms and conditions as set forth herein,e~cept that the rent shall be increased each term by a percentage increase in the Consumer Price Inde~ (C.P.1) for the Palm Beach County Statistical Area for the month ending prior to the e~piration of the first term. However, such percent shall not e~ceed (257.) twenty five percent. 4. Rent. a. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of Three Hundred Dollars ($300.00) per month ("Rent"). Rent shall be payable on the first day of each month in advance at Lessor's address specified in Paragraph 13, below. b. Lessee shall provide up to seven (7) mobile and/or portable .:ellular telephones to Lessor at no charge. c. Lessee shall be responsible for the maintenance of the water tower ....l.,..c:t ti. C,'t., 1vI......'lf'" ~o.,.Q. d. I f this Lease is terminated at a time other than on the last day of a month, rent shall be prorated as of the date of termination, and, in the event of termination for any reason other tha non payment ':lf Rent, all prepaid Rents shall be 2 refunded to Lessee. 5. Interference. Lessor shall not use, nor shall Lessor permit its leassees, licensees, invitees or agents to use, any portion of Lessor's Properties in any way which interferes with the operations of Lessee. Such interference shall be deemed a material breach by Lessor, and Lessor shall have the responsibility to terminate said interference. In the event any such interference does not cease promptly, Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to elect to terminate this Lease. 6. Improvements; Liability; Utilities; Access. a. Lessee shall have the right, at its elCpense, to erect and maintain on the Premises improvements, personal property and facilities limited to cellular antennas, microwave and equipment building. b. Lessee shall have their right to Lessee's elCpense and to improve the the Premises (including, but not limited of emergency power generators). Lessee install present to the shall be utilities, at utilities on installati'::on responsible to pay any monthly utility charges attributable to the Cellular Telephone Equipment. Lessee shall have the right to place utilities on (or to bring utilities across) the Property in ,::order to Service the Premises and the Antenna F"acilities. Lessor shall execute an easement evidencing this right upon Lessee's request, the easement shall be limited to the term of the lease. c. Lessor shall provide Lessee ingress, egress and 3 access over and under the Property to the Premises adequate to service the Premises and the Antenna F"acilities at all times during this lease at no additional charge to the Lessee. Lessor shall execute an easement evidencing this right upon lessee's request. 7. Termination. (a) This Lease may be terminated, without any penalty or further liability, on 30 days notice as follows: (b) by either party upon a default of any covenant or term hereof by the other whidl is not ':ured within 60 days of receipt of written notice of default (without, however, limiting any other provisions hereof); (c) by Lessee if it is unable to obtain or maintain any license; permit or other approval necessary to the construction and/or operation of the Antenna F"acilities or Lessee's businesses; or (d) by Lessee if the Premises are or become unacceptable under the Lessee's design or engineering specifications or its Antenna Facilities or the communications system to which the Antenna F"acilities belong. 8. Taxes. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Lessor shall pay all real property taxes attributable to the Property. However, Lessee shall pay as additional rent, any increase in real property taxes levied against the Premises which is directly attributable to the Lessee's use of the Premises, and Lessor agrees to furnish proof 4 of such increase to Lessee. 9. Insurance. a. Lessee will provide comprehensive liability insurance and name Lessor as an additional insured on the policy or policies, which comprehensive liability insurance policies shall be at an amount .;,f not less than 2 million dollars. A copy of the Insurance Certificate shall be sent to the Lessor. Such liability policy shall not contain exclusions traditionally known as care, custody, or control exclusions as the liability applies to Lessor's property. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, unless such loss is caused by the negligence of the Lessee. 10. Destruction of Premises. If the Premises or the Antenna Facilities are destroyed or damaged, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor not more than 45 days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any Rent pre-paid by Lessee. 11. Condemnation. If a condemning authority takes all of 5 the Property, or a portion sufficient, in Lessee's determination, to render the Premises unsuitable for the use which Lessee was then making of the Premises, this Lease shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values ,:;)f their respective interests in the Property. Sale of all or part of the Property to a purchaser with the power of eminent domain, in face of the excercise of power, shall be treated as a taking by condemnation. 12. Hold Harmless. Lessee agrees to hold Lessor harmless from any and all claims arising from the installation, use, maintenance, repair or removal of Lessee's Antenna Facilities, except for claims arising from the negligence of Lessor, its agents or independent contractors. 13. Not ices. All notices, requests, demands and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Lessor, to: City Manager City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 If to Lessee, to: Palm Beach County Cellular Telephone Company 250 S,:;). Austral ian Ave., 9th Floor West Palm Beach, Florida 33401 Copy to: McCaw Communicati,:;)ns (Legal Department) 5808 Lake Washington Kirkland, Washington Attn: Scott Morris, Blvd., N.E. 98033 Esquire 6 14. Title and Quiet Enjoyment. a. Lessor warrants that it has full right, power, and authority to exe.:ute tfiis Lease and has good and unencumbered title to the Property free and clear of any liens or mortgages. Lessor further warrants that lessee shall have the qui et enjoyment of the Premises during the term of this Lease. b. Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of lessee, such title report shows any defects of title or any liens or encumbrances which adversely affect Lessee's use of the Premises or Lessee's ability to obtain leasehold financing, Lessee shall have the right to cancel this Lease upon written notice to Lessor. c. Lessee shall also have the right to have the Property surveyed, and, in the event that any defects are shown by the survey, Lessee shall have the right set forth in sub- paragraph (b) above. 15. Assignment. Lessee may not assign or sublet this Lease without the express prior approval of the City Commission. HQ.'~ever,. -&I:l~k ~p,alla..l .lfl.il~. nQ.... ....- '1R~..II=J"i1."1)' withhslrl. Any sublease that is so approved and subsequently entered into by Lessee, shall be subject to the provi si ons of thi s Lease. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Lease and the Antenna Facilities to any such mortgagees or holders of security interest including their successors or assigns (hereinafter collectively referred to as mortgagees). Lessor agrees to notify 7 Lessee and Lessee's mortgagees simultaneously of any default by Lessee and to give mortgagees the same right to cure any defect as Lessee except -that the cure period for any mortgagee shall not be less than ten days after receipt of the default notice. 16. Successors and Assigns. This Lease shall run with the Property described on Exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Miscellaneous. a. The prevailing party in any litigation, arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. b. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reas.:onably request. c. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiati,:ons and .:other agreements. There are no representations or understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understanding of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due to such broker. 8 e. Lessor agrees to cooperate with Lessee in executing any documents (including a Memorandum of Lease) necessary to protect Lessee' _s rights hereunder or Lessee's use of the Premises. DATED as of the date first set forth above LESSOR: By: Its ---------------------------- Owner LESSEE: By: Palm Beach County Cellular Telephone Company Its _______________________ General Manager 9 STATE OF FLORIDA ) ) 5S: County of Palm Beach) On this __~_ day of ____________, 1988, before me, a Notary Public in and for the State of Florida, personally appeared known to be the ----------------------, ----------------------------------------------------------------- executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said ______________ for the uses and purposes therein mentioned, and on oath stated that ___________ was authorized to execute said instrument and that the seal affixed thereto, if any, is the corporate seal of said corporation. WITNESS my hand and the official seal affixed the day and year first above written. NOTARY PUBLIC in and for the State of Florida, residing at _________________ My Commission Expires: ______ STATE OF FLORIDA ) ) 5S: County of Palm Beach) On this ____ day of ____________, 1988, before me, a Notary Public in and for the State of Florida, personally appeared, _____________________, known to be the _________________________ ---------------------------------------------------------------- executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said _______________ for the uses and purposes therein mentioned, and on oath stated that __________ was authorized to execute said instrument and that the seal affixed thereto, if any, is the corporate seal of said corporation. WITNESS my hand and the official seal affixed the day and year first above written. NOTARY PUBLIC in and for the State of Florida, residing at ___________________. My Commission expires: _________ 10 EXHIBIT A To the Antenna Site Lease dated ---------------------, 1988 between as Lessor, and -------------------------------------------- as Lessee. , 11 EXHIBIT B To the Antenna Site Lease dated ------------------------, 1988 between ------------------------------------- as Lessor, and ----_________________________________ as Lessee. The 10cation of the Premises with the Property is more particularly described or depicted as follows: 12 WOODBROORE CONDOMINIUM ASSOCIATION 921 S. W. 20TH COURT DELRAY BEACH. FLORIDA 33444 ilLC l~rVED FEB 111988 February 9, 1988 CITY MAN/1GER'S nFFICE city commissioners and City Manager 100 N. W. First Avenue Delray Beach, Florida 33444 Dear Sirs: The Woodbrooke Condominiums, 915 - 941 S. W. 20th Court, Delray Beach, Florida hereby request a variance from the Delray Beach city Commission to the applicable code that restricts hedge heights to a maximum of six feet. Woodbrooke requests a variance to allow a ten foot hedge at the rear of the above referenced property act as a buffer to the noise and trash pollution. The Code Enforcement Board granted a sixty day extension on February 9, 1988. Please notify the undersigned of the next commission Hearing when our request can be ruled on. Thank you for your attention. Sincerely, 0Il:..r f.~7DICK President WOODBROOKE CONDOMINIUM ASSOCIATION 18609 126TH Terrace North Jupiter, Florida 33478 (305) 744-0706 ~ CODE ENFORCEMENT BOARD ORDER OF THE CITY OF DELRAY BEACH, FLORIDA RE: CASE NUMBER C.E.B 88-1812 Woodbrooke Condominium Association c/o Jeff Dick, President 18609 126th Terrace N. Jupiter, Florida 33478 VIOLATION ADDRESS AND LEGAL DESCRIPTION: 915-941 S. W. 20th Ct., Delray Beach; Woodbrooke Condo 1, Units 1-7, Woodbrooke Condo 2, Units 1-6 as recorded in Plat Book 26, Page 141 of the official records of Palm Beach County, Florida At the Code Enforcement Board Hearing held on February 9, 1988, Woodbrooke Condominium was found guilty by the Code Enforcement Board of the City of Delray Beach of violating City of Delray Beach Code of Ordinance Sections as enumerated below. The violations occur on property that the Code Enforcement Board determined you own in Delray Beach as legally described above as the violation address and legal description. The Code Enforcement Board found that you were notified of the violation enumerated below on or about January 8, 1988, and further that you were properly notified of this Code Enforcement Board hearing on February 3, 1988 by Certified Mail which was received by J. W. Dick. Woodbrooke Association was present at the above hearing being represented by Mark Dick, Jeff Dick's designee. Based on testimony and evidence offered to and accepted by the Code Enforce- ment Board of the City of Delray Beach by Robert Kussner, Landscape Inspector, the Code Enforcement Board adjudged by a vote of 6 to 0 that you were guilty of the following violations which were determined to occur at the above viola- tion address and legal description location: 1. Code of Ordinance Section 9-378(b), which requires compliance with the landscape plan approved by the Community Appearance Board. The evidence submitted and accepted indicated that the following landscape plan deficiencies exist: Complete maintenance on all landscape areas is required, including the swale, and Hedges.on ease side require pruming to 6', and Irrigation system requires maintenance to provide coverage to all landscaped areas, and Sod requires replacement where it is dead or weed infested, and Plant materials that are missing require replacement. The approved plan showing missing materials was furnished to you. It is hereby ordered and adjudged by the Code Enforcement Board of the City of Delray Beach that Woodbrooke Condominium Association be given 30 days from the date of this Board Order to start to correct the aforementioned violations except that 60 days shall be allowed to either prune the hedges to 6' or to obtain a waiver from the appropriate City body to maintain the hedges at a PAGE TWO higher height. If the required corrections are not made within the above time periods, a fine of $25/day shall be assessed for the violations not corrected until final corrections are achieved. There shall be a presumption of non- compliance unless the violator notifies the Code Enforcement Division of the City of Delray Beach of compliance on a timely basis. Chairman Date Certified Mail U DEPARTf\ ':::NTAL CORRESPONDENCE FAo~erald B. Church, P.E., Acting Director of Public Works/City Engineer [ITY OF DELRAY BEA[H .~~~ TO Walter O. Barry, CitLManager SUBJECT JOINT PROJECT AGREEMENTS - DOT & CITY OF DELRAY BEACH FOR INSTALLATION OF TRAFFIC SIGNALS ON ATLANTIC AVENUE 2/16/88 The agreements provide for the installation of new traffic signals on Atlantic Avenue at lst, 2nd, 3rd and 4th Avenues; Venetian Drive and Gleason Street. Note that there are two separate agreements involved. This is the second sub- mission and DOT has modified their agreement to include our City Attorney's indemnification provisions, as per City Attorney's letter dated December 2, 1987. The agreements provide for the City to pay the additional cost involved for installing the aesthetic mast arm type of traffic signals. The total additional cost involved for the six intersections is $33,600, which has been included in the Traffic Operations budget. " The agreements have been reviewed by the Engineering Department and we find them in order. By a copy of this memorandum to the City Attorney, we are requesting his review of the agreements after which they may be submitted for City Commission approval. GBC:mrc:mld ,. Attachments cc: City Attorney CM 362 THE Ei'FORT ALWAYS MATTERo 24 110II.......... - -IJ DEPARTMENT OF TRANSPORTATION FLORIDA Ml'EN.~UO/'II __AU 780 Southwest 24 Street Fort Lauderdale, Florida 33315-2696 Telephone: (305) 524-8621 FEn 8 1988 February 2, 1988 Mr. Gerald Church, City Engineer City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Church: RE: State Road 806!Atlantic Avenue W.P.I. No. 4118422 State Project No. 93030-3901 /7J JOINT PROJECT AGREEMENT (REVISION) l/ 'f Enclosed please find five (5) original copies of the above subject agreement for your review and approval. If acceptable, please have the City execute this agreement along with City Resolution authorizing said Agreement and return all five (5) copies for the Department to execute. Should you have any questions regarding this agreement, please do not hesitate to contact this office. C. C. Barrett, Jr. Manager of Programming and Contractual Services CCB:dm Enclosures Copies to: /j, V C;JI ~,. ~. ,,--//( I' d~-,,( /'h,i--~~~ //./ Jorge Gonzalez - FOOT t/lil , /', r ~ /" //u"ijI'( ('e'/ ...". / /,.... r. i- ..,.,' (/7 .tltl'.'."/-f 1'; f"N' / ,_ .,_/,. ,,'U. t.t:. r'''''' J' . - J'l,.,- " ; ~ 9 i/Tf:; JOlllT PROJECT AGREEMENT between STATE OF FLOKlDA DEPAJmu.aI OF TIWISPOB.TATIOlf and CITY OF DELRAY BEACH for THE IBSTALLATIOII OF AESIIUHJ.C HAST AIlKS AT THE IIlTERSECTIOII OF ATLAIITIC AVEIIlJE WITH S.E. 211D AVEIIlJE AJID S.E. 31m AVEIIlJE BEU:IIIAFTEI. CALLED THE "P1IOJECT". THIS AGREEMENT, entered into this _____ day of , 1988, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT", and the CITY OF DELRAY BEACH, FLORIDA, hereinafter calle~ the "CITY". WIT N E SSE T H WHEREAS, the DEPARTMENT has prepared, in connection with State Project Number 93030-3901, (WPA No. 4118422); to improve signalization along SR 806 (Atlantic Avenue) with S.E. 2nd Ave., FEC Crossing #272492 & S.E. 3rd Ave; and WHEREAS, the CITY is desirous having aesthetic mast arms installed at S.E. 2nd Ave. and S.E. 3rd Ave. in conjunction with upgrading the traffic signals at these intersections. NOW, THEREFORE, and in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The CITY will pay the DEPARTMENT $5,600.00 .for each intersection that an Aesthetic Mast Arm is installed, and two (2) intersections will total $11,200. '--} 2. The CITY will pay the DEPARTMENT $11,200.00 and will deposit this sum with the DEPARTMENT upon notification that the DEPARTMENT has received bids. 3. The DEPARTMENT will prepare the plans, specifications and estimates for the Project, and let the Project to construction. I. ""___.....__.__..__ ""'__J~~~_J.__ 6. As a material consideration for the Department's entry into this agreement, toothe extent permitted by law, and subject to the provisions and limitation of Section 768.28, Florida Statutes, the City hereby agrees to indemnify, defend ~ave and hold harmless the Department from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the City, its agents or employees, or due to any act or occurrence of omission or commission by the City, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Department for its own negligence or breach of contract. 7. All invoices presented for payment by the DEPARTMENT but not paid within ninety (90) days will bear interest at the rate of 12% per annum from the date of presentation. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of the agreement, the CITY shall pay the DEPARTMENT a reasonable attorney's fee. Alao, in the event of litigation, the parties agree that the Laws 'of the State of Florida will apply. 8. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees or consultants of the CITY to solicit or to secure thia Agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee or consultant employed by the CITY. For the breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability at , , its discretion and to withhold additional payments or funds budgeted and allocated for this PROJECT. 9. This Agreement or any interest herein, shall not be assigned. transferred or otherwise encumbered under any circumstances by the CITY without the prior written consent of the DEPARTMENT. However, the Agreement shall run to the DEPARTMENT and its successors. 10. In the event this Contract is in excess of TWENTY FIVE THOUSAND DOLLARS ($25.000.00) or has s term for a period of more than one year. the provisions of Chapter 330.135(8)(a), Florida Statutes are hereby incorporated. "The Department shall not, during any fiscal year. incur any liability. or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void and no money shall'be paid thereon. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other bidding commitment of funds. Nothing herein contained shall prevent the making of contracts for a period exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department in excess of $25.000.00 and having a term for a period of more than one year." IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF DELRAY BEACH, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: MAYOR Deputy Assistant Secretary ATTEST: Clerk (SEAL) ATTEST: (SEAL) Executive Secretary RECOMMENDED APPROVAL: APPROVED FLORIDA DEPARTMENT OF TRANSPORTATION BY: City Manager BY: APPROVED AS TO FORM AND CONTENT SUFFICIENCY: . Attorney BOB/IIAR11/"IEZ GOWMOR DEPARTMENT OF TRANSPORTATION FLORIDA - KAl'El'II.IIEl'mE~ OECIU!TARY 780 Southwest 24 Street Fort Lauderdale, Florida 33315-2696 Telephone: (305) 524-8621 February 2, 1988 Mr. Gerald Church, City Engineer City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Church: RE: State Road 806/Atlantic Avenue W.P.I. No. 4118463 State Project No. 93030-3507 JOINT PROJECT AGREEMENT (REVISION) Enclosed please find five (5) original copies of the above subject agreement for your review and approval. If acceptable, please have the City execute this agreement along with City Resolution authorizing said Agreement and return all five (5) copies for the Department to execute. Should you have any questions regarding this agreement, please do not hesitate to contact this office. C. C. Barrett, Jr. Manager of Programming and Contractual Services CCB:dm Enclosures Copies to: Jorge Gonzalez - FDOT Jonrr PROJECT AGllEEMERT between STATE OF 'FLOllIDA DEPAlllftlUU OF TlWISPOllTATIOII and CITY 01' DEL1IAY BEACH for TIlE IJlSTALLATlOIf OF AESrunC HAST AIIHS AT TIlE IIfTEllSECTlOll OF ATLAlfTIC AVBIfUE AIfD E. nllST AVE., E. FODK"l1I AVE., vIUIIIT1AIf DIl., AIfD GLEASOIf ST. JIEllEDIAI'TEll CALLED TIlE "PROJECT". THIS AGREEMENT, entered into this _____ day of , 1988, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinsfter called the "DEPARTMENT", and the CITY OF DELRAY BEACH, FLORIDA, hereinafter called the "CITY". WIT N E SSE T H WHEREAS, the DEPARTMENT has prepared, in connection with State Project Number 93030-3507, (WPA No. 4118463); to improve signalization along SR 806 (Atlantic Avenue); and WHEREAS, the CITY is desirous having aesthetic mast arms installed in conjunction with upgrading the traffic signals at the intersections of Atlantic Avenue and E. 1st Ave., E. 4th Ave., Venetial Drive and Gleason Street. NOW, THEREFORE, and in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The CITY will pay the DEPARTMENT $5,600.00 for each intersection that an Aesthetic Mast Arm is installed, and four (4) intersections will total $22,400. 2. The CITY will pay the DEPARTMENT $22,400.00 aud will deposit this sum wit.h t:hs DEPARTMF.NT nnnn nnf"if'-f,.Af"inn f""a" ...... nTi"'DAD.........MT l...._ ____".._~ \".1..2_ 5. The teras, conditions and method of payments for 1IUlintenance are or will be couta1.ned in a separate "Standard Maintenance Agreement" dated between the DEPARTMENT and the CITY. 6. As a 1IUlterial consideration for the Department's entry into this agreement, to the extent permitted by law, and subject to the provisions and limitation of Section 768.28, Florida Statutes, the City hereby agrees to indemnify, defend save and hold harmless the Department from all claims, de1lUlnds, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the City, its agents or employees, or due to any act or occurrence of ~ission or commission by the City, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Department for its own negligence or breach of contract. 7. All invoices presented for payment by the DEPARTMENT but not paid within ninety (90) days will bear interest at the rate of 12% per annum from the date of presentation. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of the agreement, the CITY shall pay the DEPARTMENT a reasonable attorney's fee. Also, in the event of litigation, the parties agree that the Laws of the State of Florida will apply., 8. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees or consultants of the CITY to solicit or to secure this Agreement and it has not paid or agreed to pay any company, " corporation, individual or firm, other than a bona fide employee or consultant employed by the CITY. For the breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability at its discretion and to withhold additional payments or funds budgeted and allocated for this PROJECT. 9. This Agreement or any interes~ Herein,. shall not be assigned, transferred or otherwise encumbered under any circumstances by the CITY without the.. prior written consent of tne DEPARTMENT. However, the Agreement shall run 10. In the event this Contract is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of Chapter 330.135(8)(a), Florida Statutes are hereby incorporated. "The Department shall not, during any fiscal year, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void and no money shall be paid thereon. The Department shall require a statement from the Comptroller of the Department that funds are availsble prior to entering into sny such contract or other bidding commitment of funds. Nothing herein contained shall prevent the making of contracts for a period exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department in excess of $25,000.00 and having a term for a period of more than one year." IN WITNESS WHEREOF, the parties hereto have executed this Agreemeqt the day and year first above written. CITY OF DELRAY BEACH, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: MAYOR BY: Deputy Assistant Secretary ATTEST: Clerk (SEAL) ATTEST: (SEAL) Executive Secretary RECOMMENDED APPROVAL: APPROVED FLORIDA DEPARTMENT OF TRANSPORTATION BY: City Manager APPROVED AS TO FORM AND CONTENT SUFFICIENCY: BY: Attorney DEP ARTI\ .eNT AL CORRESPONDENCE [ITV DF DELRAY BEA[H TO Walter O. Barry, ~ty Manager THROUGH:Q!Pavid M. Huddleston, Finance Director FROM Ted Glas, Purchasing Administrator ~~ SUBJECT Bids on Two (2) Tractors with Mowers, Bid #88-46 2-5-88 Invitations to Bid were mailed to twenty-four (24) area vendors. A formal bid opening was conducted on January 21, 1988, at which time five (5) bids were received, per attached Tabulation of Bids. PART ONE: Following staff analysis and review, approval is recommended of low bid submitted by Tropical Tractor & Turf Company for $9,411.63. f I PART TWO: Following staff analysis and review, approval is recommended of low bid submitted by Tropical Tractor & Turf Company for $8,874.42. These are budgeted items for Parks & Recreation Department and funding is in Account #001-4131-572, as replacement items for a 1973 Ford 3000 and a 1974 Ford 3000. Attachment: (1) Tabulation of Bids TG:kwg "J.6 ~ . eM 362 THE EFFORT ALWAYS MATTERS l .. , . . TO FROM SUBJECT CM 3S2 DEPART,.lENTAL CORRESPONDENCE [ITV DF DELAAY BEA[H Ted Glass Purchasing Director Joe Weldon Director__o_f_~arks and Recreation Purchase of two (2) tractors 2/12!88 ~ATt: Attached please find an agenda and requisition for the purchase of two (2) tractors and mowers from the low bidder, Tropical Tractor and Turf, in the amount of $18,286.05. 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V> '0 0. '" '0 0. '" H I' " ""0 " "" 0 Ul " 0. ""'" 0 H, ft " 0. .. 0. ft V> a. ft V> '0 0' " " " " '0 (I) 0 " 0 z >-' rt rt rt 0. rt rt 0. '< " ::r rt ::r rt "', ",. "', P> V> V> >-' -, t- r 0' -~ c. 0 - 'l. CD <:1 Z o # 00 00 I ... en -; ;0 )> (') -; o ;0 Vl "" N '-' c... )> Z c )> ;0 -< N .... , .... cD 00 00 '" '" o ." 3: DEPARTf.,cNT AL CORRESPONDENCE [ITV DF DELAAY BEA[H ~(i TO Walter O. Barry, Ci~y Manager THROUGH~ David M. Huddleston, Finance Director FROM Ted Glas, Purchasing Admini stra tor #"y Bids on Rehabilitation of Storm Drains, on Banyan Drive, W~~T Bolender Drive, and Spanish Trail Bid #88-43 JATE 2-5-88 Invitations to Bid on this work were mailed to eight (8) contractors on January 8, 1988. A legal advertisement was placed in the Palm Beach Post on January 4, and January 11, 1988. Two contractors responded at the January 29, 1988 bid opening. A Tabulation of Bids is attached for your review. There is a significant difference in the two bid prices, however Engineering's estimate for the work is $20,600. Following staff analysis and review, it is recommended that the contract be awarded to the low bidder, Utilities Services, Inc., for the amount of $18,839.20. Funding is in General Fund Reserve Capital Improvements Account #001-6411-541-60.63. Attachments: (2) Tabulation of Bids Recommendation from Engineering Division TG:kwg eM 362 THE EFFORT ALWAYS MATTERS V""b. . f . . , t ~' DEPARTI..ENT AL CORRESPONDENCE FROM ,'}Ill Gerald B. Church, City Engineer [ITV DF DELAAV BEA[H ~(j TO Walter O. Barry, City Manager SUBJECT Rehabilitation of Storm Drains (Banyan Drive, Bolender Drive & Spanish Trail) DATE 2-2-88 On January 29th, bids were received for the subject project. Of the 2 bidders, Utilities Services, Inc. submitted the low bid in the amount of $18,839.20. The work consists of lining existing metal storm drain pipes with plastic pipe. This method prevents the cos,tly excavating of the pipes to make repairs. The low bidder has satisfactorily performed similar work for the City in the past. Therefore, it is recommended that the contract be awarded to the low bidder, Utilities Services, Inc. of Pompano Beach. A copy of the bid tabulations is attached for your reference. Funds are available in the General Fund (Reserve) (Account No. 001-6411-541-60.63). An Agenda Request Form is attached for further processing. CM 362 THE EFFORT ALWAYS MATTERS l > 4. f r , n Cl , H H I . H H OJ t'l 0 '" ,.,. ,.,. ,.,. ,.,. ,.,. ,.,. H ::l 3: :J> CD CD CD CD CD CD '" <.Cl " Z 3 3 3 3 3 3 .... t"' '" OJ ::I '" "" w w IV ,.... ,.... 0 CD ..., ..., '" 01 '" 01 Z CD H 0 '" '1 0 ..., U> ..., IV n ,.... " ..., 3: x " ,.... >oJ ,.... 3: ,.... CIl w :;: ,.... CIl z :J> 0 >", U> 0 U> CD U> CD CD 0 " w CD (Xl ,.... '"' CD IV ,.... CIl - (Jl tC._ ,.... " : 'tl ,.,. ,.... 'tl 0 CD U> ,.,. : >", U> ,.,. : >", C ..., n ,.... ,.... 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CIl '" 01 0 0 0 0 0 0 0 >oJ - " 0.0 ,.... 0 0 0 0 0 0 0 '" n 01 ,.... C '" ,.,. n n '" "' 0: >oJ 0: ,.... 0 H 0 0 '" " 0 " M> " "'" Z "'" 0. . .. 01 n "' " 0 >", '" 0. " . . , ',- '" o z o ft CXJ CXJ I r- '" ;-:J m J: "'l> 0'" ,- m, z- 0.... m> ;a.... 00 ;az <0 m." l>Ul Z.... 00 ;a Ul3: 'tl l>0 z;a -:I> U> - J:Z Ul .... .. ;a l>'" -l> ,z -< J> Z o ;a < m , 0- J> Z c l> ;a -< '" cO , ,.... cO CXJ CXJ '" o o "U 3: DEPART;, .ENT AL CORRESPONDENCE [IT V DF DELAAV BEA[H ~ti TO Walter O. Barry, :~ty Manager THROUGH~David M. Huddleston, Finance Director FROM Ted Glas, Purchasing Administrator ~~ SUBJECT Bids on Rental Rehabilitation Program 2-16-88 The Community Development Division handles and processes their own formal bids on housing rehabilitation, subject to Purchasing Division review. purchasing's review of Bid #88-29, #88-35, and #88-49 finds them to be in order with City Purchasing Procedures. Staff recommendation to award contracts is as follows: Property Contractors Cost 211 S. Swinton Avenue 342 N.E. 3rd Avenue 112 N. Swinton Avenue 236 S.E. 3rd Avenue 117 S.W. 4th Street First Const. of Palm Beach Henry L. Haywood Henry L. Haywood B & Jr Construction Henry L. Haywood $83,727 20,190 10,170 30,783 16,000 In addition, a 10% contingency allowance is requested, if needed. Funds for the work are available in Account #118-1975-554, (Rental Rehabilitation Program). Attachments: (2) Memorandum from Coordinator of Community Development Bid Information Sheets TG:kwg CM 362 THE EFFORT ALWAYS MATTERS 7,Se, l -- ~. ~ ~ DEP ART~ ~ENT AL CORRESPONDENCE Walter O. Barry, City Manager TO # [ITV DF DELRAY BEA[H ~~(i Coordibator FRO~ula Butler, Community Development Rental Rehabilitation Program / Contract Award SUBJECT 2/11/88 ~:.. fE 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 five Rental Rehabilitation Deferred Loans. The program provides for the rehabilitation of inves- tor 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 $5,000 per unit. Community Development staff provided the detailed work write-ups, cost estimates for work specifications, and bid process on all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the City'S Building and Inspection .,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 request will require both contractor's and owner I 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. The contract award and bid summary sheets are attached for your reference. eM 362 THE EFFORT ALWAYS MATTER~ l 't ~ 1 , 00 00 00 00 00 !5 ..... ..... .... ..... ..... I I I I I 0 0 0 0 Q - 0 0 0 0 '" - '" .,. .... - llll i: i: i: i: i: : -- ....N -- a- .... -N - .... - .,. 0_ i!;;3 c:..... C:a- C:N ilN - 21 21 21 c: t:l0 ....en .... en ....21 ....21 zen llll"<l >,I' >,I. >,I . >,I' .... . "'''' 0:: en", en", >,I enllll en en en en~ 0:: 0:: .,. .... .... .... .... >,I ~ 21 ~ 21 ~ == >,I Cj 0 > 21 en ~ 21 21 ~ >,I < '" '" ~ '" > '" < '" '" '" '" >,I '" ~ I:l:I .... '"' .... ~ .... i ... ... ... ... ... t:lllll '" - '" - .,. s~ to< . '" . 0 - ~ 0 . 0 . . 0 0 0 0 00 0 0 0 '" a- i~ en 0 '" .... 0 0 . . ~ 0 0 0 0 '" 0 0 0 '" llll '" ~ en fiJ ~ ~ ... ... ... ... ... - - '" - .,. t;l - '" 0 - . - . . '" 0 ..... ..... 0 00 llll 0 00 0 '" a- ;:! 0 .... '" .... en 0 . to< 0 0 0 0 '" ~ '"' 0 0 0 0 ~ >,I C'l .... == 21 '" >,I 0 r ~ ... ... ... ... ... C'l - .... - N 00 0 a- 0 0 C!I .... ~ . . . . 0 ..... - - .... 0 00 ..... '" N 0 .... 0 0 ..... C'l . ..; 0 0 0 0 0 0 0 0 0 0 > ~ ~ l ~4 i ~ ~ DEPART~ "=NTAL CORRESPONDENCE [ITY DF DELRAY HEAlH ~~ TO Walter O. Barry, City Manager THROUGH:~David M. Huddleston, Finance Director FROM Ted Glas, purchasing Administrator <!/'~ SU~ECT Bids on F.E.C. Railroad Barricades, Bid #88-41 ,~" 2-8-88 Invitations to Bid were mailed to six (6) contractors on December 18, 1987. A legal advertisement was placed in the Palm Beach Post on December 28, 1987 and January 4, 1988. Two contractors responded at the January 22, 1988 bid opening. A Tabulation of Bids is attached for your review. Following staff analysis and review, it is recommended that the contract be awarded to low bidder, R.P.M. Construction Company, Inc., for $23,805. Funding is in Atlantic Avenue Beautification Project, Account #333-4142-572-61.19. Attachments: (2) Tabulation of Bids Reco~mendation from Engineering Division TG:kwg ~~~ CM 362 THE EFFORT ALWAYS MATTEh_ I '. ii . n n [Jl ,!- 0 --; I I 0 ~ )> m 0 '(1-1 ~ " Z ~ ~ r 0 [Jl m Z m - 0 I ~~1 --; -l -l Z 0 0 IJ) 0 -l Vol [Jl-n I \ -.. m Z )> -"" )>c IJ) >< r '" ;0;0 C n -l ;oZ [Jl I 1 m ~ I m ~ )> n IJ) OJ 'I " m )> I -l II -l 0 -l 0 II - m )> m 0 Z ,I Z Z 0 0 II IJ) " 0 ,I 0 IJ) " ,. -l r co 11 )> co 11 n I m -"" " - m ;0 m )> n I '0 '" rt K " 0, Ul '" 0 '" 0 I-'".ti '" 0 ",n ,M :;: - - "' X,Cll 3 0 0 <J} '" rt Cll Cll 0 "" n, '0 '0 tv ::>n Ul 0. Ul <: '" 0 Cll 0 w <I} zo '" " " I Ul Ol '" '" "'z tr,_ "j-' 0. n. t" '" IJ) Ol "" oL_ Ul '" tr Ul M " _ 0 Ul >'l M C 0 n Cll Ul 0. IJ) 0 H:O -n M Ul en'" rt rt '" '" 0 zc: ~, :r '0 Cll '" Ul 0 "- nn m n ro Cll ~, _ Ul 0 01 >'l '" Ul X " '0 _'0 '" H n 0.- ~,"' 0 '" Cll n ro Ul Ul rt M :r Z Ul rt 0 rt ~, ;0 "- t" " I. .0 )> " " "' r ;0 !n :0 0 '" )> r---j- _ 0 <J} '0 i _ tv <J} :r OJ I _ IJ) -J )> 0 W .~ 0 ;0 r-i-- W 01 Ul ;0 0. " " Ul tr - '" W '" 0 n '< "- " )> Ul -J 01 " 0 0 III m n IJ) :r H " () c... )> Z C 'J )> ;0 -< , ,......---r-- N N , - '"' co co Vol o o " ~ J ,- ~ DEPARTr "ENTAL CORRESPONDENCE [ITY DF DELAAY BEA[H ~~(i Walter O. Barry City Manager FROM r;lGerald B. Church, P.E. }~ Acting Dir. of Public Works/ City Engineer TO SUBJECT F.E.C. RAILROAD BARRICADES DATE 2/1/88 On January 22nd, bids were received for the subject project. Of the two bidders, R.P.M. Construction Company, Inc., submitted the low bid in the amount of $23,805.00. The work involves the placement of decorative barricades in the Florida East Coast Railroad Right-Of- Way in conjunction with the City Beautification Project. It should be noted that our previous estimate of $10,000 was for shorter posts to be installed by City forces. A copy of the bid tabulation is attached for your reference. The low bidder has satisfactorily worked on other City projects. Therefore, it is recommended that the contract be awarded to R.P.M. Construction Company, Inc., of Deerfield Beach, in the amount of $23,805.00. The funding source needs to be identified since the project is not under Engineering Department funding jurisdiction. An agenda request form is attached for further processing. GDC:GBC:mrc Attachments eM 362 THE EFFORT ALWAYS MATTER_- t [Iry DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 310SEIstSTRflTSlilTl4 IlLfRAY BEACH, LLORIDA 33483 305/243-7090 MEMORANDUM Date: February 18, 1988 To: City Commission ~ lrf-\;" De1rav Beach \\\ From: Herbert W.A. Thiele, City Attorney Subject: Wendell Robinson vs. City of This is a law suit which involves a claim for false arrest and stems out of the arrest of Wendell Robinson on July 5, 1984 for disorderly intoxication. We have received an offer from Mr. Robinson's attorney, Moses Baker who is with Montogomery, Searcy and Denney in West Palm Beach to dismiss this case upon payment of $1,259 to his client. 'rhis is a case in which we are at the very early stages of discovery and have expended very little in the way of costs. It is anticipated that trying this case will take approximately 2 days and there will be numerous depositions taken with costs sUbstantially exceeding the expenditure of $1,259. However, it is the City Attorney's Office's position that this is a non liability case on the part of the City and the officers in- volved in the arrest. In fact the officer who initiated the arrest, Jack Makler was named Officer of the Month for his efforts relating to the arrest. The arrest took place on July 5, 1984 after a vehicle driven by Willie Robinson ran through a stop sign on S.W. 4th Avenue and proceeded across Linton Avenue. Willie Robinson, the driver of the vehicle was subsequently determined to be guilty of driving while intoxicated. In proceeding with his investigation, Officer Makler although Off-duty, followed the vehicle until it eventually came to a stop at the FEe Railroad right-of-way at which point it was forced to stop because of the railroad ties that were in place. At that time, one of the passengers in the vehicle, who turned out to be a black female prostitute, came running towards Officer Makler screaming hysterically that she was being accosted and as evidence thereof her shirt had been ripped and her breasts were exposed. Wendell Robinson, the brother of Willie Robinson, was also a passenger in the vehicle. FolloWing the girl's escape from the vehicle, Willie and Wendell also exited the vehicle. During the course of Officer Makler's investigation, Wendell Robinson was verbally belligerent, appeared to be intoxicated and interfered with the ~b 1 ,t City conunission February 18, 1988 Page 2 - investigation that was taking place. At the scene, Wendell Robinson was placed under arrest for disorderly intoxication. The Circuit Court dismissed the charges against Wendell Robinson and Subsequently Mr. Robinson through his attorney, Moses Baker, proceeded with his claim against the City for false arrest. By copy of this memo to the City Manager, we are requesting that the Plaintiff's offer to settle this lawsuit be placed on the February 23, 1988 agenda for your consideration. Should you have any questions concerning this matter, please do not hesitate to contact our office prior to that meeting. JSK:sh cc: Walter O. Barry, City Manager ,t