The URL can be used to link to this page

02-21-06 Agenda Reg ~"'C .'. O.c" (; .'.> .... .' .....:;'''.',...-..'.. .. " .. ..;:\'~1<C ~...-..:. .:t <: (,I ~4~ ~."., of:.- tP01 City of Delray Beach Regular Commission Meeting ===::I Tuesday. February 21. 2006 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Dekay Beach City Hall 100 NW 1st Avenue Dekay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed only when requested by a member of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . February 7, 2006 - Regular Meeting . February 14,2006 - Workshop Meeting 6. PROCLAMATIONS: . NONE 7. PRESENTATIONS: A. RESOLUTION NO. 9-06: Recognizing and commending Robert Phillips for 35 years of dedicated service to the City of Delray Beach B. Recognizing and commending C. Ron Allen for receiving the Governor's Points of Light Award 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 11-06: Approve Resolution No. 11-06 abandoning a portion of an unimproved north-south alleyway within Block 2 of the plat of Sophia Frey Subdivision Addition to Delray. B. RESOLUTION NO. 12-06: Approve Resolution No. 12-06 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 614 N.W. 2nd Street. C. FIRST AMENDMENT AND EXTENSION/MEMORANDUM OF AGREEMENT /SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK FORCE: Approve the First Amendment and Extension to the South Florida Urban Search and Rescue Task Force Memorandum of Agreement for the City's continued participation in the South Florida Urban Search and Rescue Task Force. D. RESOLUTION NO. 8-06: Approve Resolution No. 8-06 recognizing and commending John J. Fletcher, Jr. for 30 years of dedicated service to the City of Delray Beach. E. RATIFICATION OF THE OLD SCHOOL SOUARE BOARD OF DIRECTORS FOR 2006: Approve and ratify the proposed slate of Directors for the Old School Square Board for 2006. 02-21-2006 - 2 - F. RATIFICATION OF THE SISTER CITIES COMMITTEE BOARD OF DIRECTORS FOR 2006: Approve and ratify the proposed slate of Directors for the Sister Cities Committee for 2006. G. CONTRACT CANCELLATION/FIRST GENESIS LAWN SERVICE. INC.: Authorize the cancellation of the contract with First Genesis Lawn Services, Inc. for landscape maintenance of Atlantic Avenue (west of the CSX Railroad to Military Trail) and authorize staff to re-bid this project. H. AGREEMENT /PALM BEACH COUNTY/MILLER PARK: Approve and accept a Palm Beach County Recreation Assistance Program Funding Agreement between the City and Palm Beach County in the amount of $10,000.00 for construction of the Miracle Field at Miller Park. I. AGREEMENT /PALM BEACH COUNTY/LAKE IDA PARK: Approve and accept a Palm Beach County Florida Boating Improvement Program Project Agreement between the City and Palm Beach County for funding in the amount of a $100,000.00 grant for renovations to Lake Ida Park. J. FINAL PAYMENT (CONTRACT CLOSEOUT)/BERMUDA LANDSCAPE: Approve final payment (contract closeout) in the amount of $30,771.50 to Bermuda Landscape DBA Southeastern Irrigation for the completion of the West Linton Boulevard Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). K. CHANGE ORDER NO. l/WEST CONSTRUCTION, INC: Approve Change Order No. 1 between the City and West Construction, Inc. in the amount of $69,709.00 for the addition of previously removed improvements to the Machek Boy Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Mike Machek Boy Scout Park). L. GRANT FUNDING REOUEST/PALM BEACH INTERNATIONAL FILM FESTIVAL 2006: Approve authorizing the Mayor to submit a funding request to County Commissioner Mary McCarty in the amount of $38,000.00 from the District IV Recreation Assistance Program Fund to assist with the cost of hotel accommodations for the 2006 Palm Beach International Film Festival; and approve the advance of funds until the grant is received. M. SPECIAL EVENT/BEACH TENNIS USA: Approve a special event request from Beach Tennis USA for a Beach Tennis USA Event to be held at the municipal beach on May 4-7, 2006; contingent upon receipt of a revised insurance certificate. N. UNDERGROUND UTILITY CROSSING AGREEMENT FEE INCREASE/FLORIDA EAST COAST RAILWAY COMPANY (fEe): Approve a Florida East Coast Railway Company (FEe) annual fee increase from $9,200.00 to $14,820.00 for underground utility crossings. 02-21-2006 - 3 - O. CONTRACI' ADDITION (CHANGE ORDER NO. ~)/JMW CONSTRUCI'ION. INC: Approve a Contract Addition (Change Order No.3) between the City and JMW Construction, Inc. in the amount of $106,952.00 for the addition of previously removed improvements to the Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). P. THIRD AMENDMENT TO CONTRACI' FOR SALE AND PURCHASE/ AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and Purchase between the City and Auburn Trace, LID. to extend the closing date to March 15, 2006 and to incorporate the Cooperation Agreement. Q. FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Approve the proposed performance measures for FY 2006 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. R. SATISFACI'ION OF MORTGAGE/RELEASE OF NOTE/ AGREEMENTS/COVENANTS CONVEYING THE RIGHT OF FIRST REFUSAL AND RELEASE OF OPTION TO PURCHASE PROPERTY/CRC RECOVERY FOUNDATION. INC.: Approve the Satisfaction of Mortgage and Note and Release of Option to Purchase the CRC Recovery Foundations, Inc. property, located on N.E. 2nd Street. S. SERVICE AUTHORIZATION NO. '/MATHEWS CONSULTING. INC.: Approve Service Authorization No.7 to Mathews Consulting, Inc. in the amount of $141,975.00 for consulting services for planning, design, and construction of the Area 4 Reclaimed Water Transmission System Extension Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System). T. COMMISSIONER'S HEALTH INSURANCE/POLICY CHANGE: Approve a change to the City's group medical coverage to extend the group medical coverage to former City Commissioners that have served six (6) full years. U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACI'IONS: Accept the actions and decisions made by the Land Development Boards for the period February 6, 2006 through February 17,2006. V. AWARD OF BIDS AND CONTRACI'S: 1. Purchase award to Water Treatment & Controls Co. in the amount of $87,522.00 as a sole source purchase for the provision and installation of all equipment required for implementation of a sodium hypochlorite system at the City's Water Treatment Plant. Funding is available from 442-5178-536- 64.45 (Water/Sewer Renewal and Replacement Fund/Gas Chlorine Conversion). 02-21-2006 - 4 - 2. Purchase award to DataFlow Systems in the amount of $19,625.00 and Car- Comm, Inc. in the amount of $6,452.50 for a total amount of $26,077.50 for the sole source purchase of 25 radio computer boards and 25 radio units to replenish the City's in-house stock of utility monitoring telemetry system radios for the upcoming hurricane season. Funding is available from 442- 5178-536-64.90 (Water/Sewer Renewal & Replacement Fund/Other Machinery /Equipment). 3. Contract award to Almazan Brothers in the amount of $85,120.00 for the Royal Palm Drive Road Construction Project. Funding is available from 334- 3162-541-65.84 (General Construction Fund/Royal Palm Drive). 4. Contract award to Blackhawk Security, Inc. in the amount of $28,520.00 for security services at Pompey Park. Funding is available from 001-4127-572- 34.40 (General Fund/Temporary Services). 5. Contract award to Data Flow Systems, Inc. in the amount of $30,116.00 for the provision of materials and services required for restoration and upgrade of the telemetry monitoring and control systems for the City's Aquifer Storage & Recovery (ASR) Well. Funding is available from 442-5178-536-46.90 (Water/ Sewer Renewal & Replacement Fund/Other Repair/Maintenance). 6. Purchase award to Pierce Manufacturing through Ten-8 Fire Equipment, Inc. of Bradenton, Florida in the amount of $422,806.00 for the purchase of one (1) 2006 Pierce Custom Engine-Pumper fire suppression vehicle for the Fire- Rescue Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment) and 551-1575-591-45.50 Business Insurance Fund/Property Claims). 9. REGULAR AGENDA: A. CONDITIONAL USE EXTENSION REQUEST/ASTOR: Consider an extension request for the conditional use approvals which allowed a building height in excess of 48 feet (58' 2" approved) and which allowed a density in excess of 30 units per acre (43 dwelling units per acre) in the CBD (Central Business District) for Astor (flea Villas in the Grove), located at the northeast corner of Pineapple Grove Way and N.E. 151 Street. (Quasi-Judicial Hearing) B. WAIVER REQUEST/LOT DIMENSION: Consider a request to waive Land Development Regulations (!DR) Section 4.3.4(K), "Development Standards Matrix", to reduce the lot frontage, lot width, and lot size to allow the combination of existing nonconforming lots to create three (3) new buildable lots for Lots 13, 14, 15, 16, 32, and 33, Subdivision of Block 15, located on the south side of S.W. 2nd Street, between S.W. 6th Avenue and S.W. 7th Avenue. (Quasi-Judicial Hearing) C. BID AWARD/SPORTS TURF ONE. INC.: Consider approval of a bid award to second lowest bidder, Sports Turf One, Inc., in the estimated annual amount of $22,817.64 for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 02-21-2006 - 5 - D. REOUEST TO REDUCE LIENS/SUAREZ: Consider a request from Mr. Onofre Suarez to waive the interest and administrative fees totaling $5,256.98 assessed for abating nuisances on a vacant lot located on S.W. 7th Avenue. Mr. Suarez is prepared to pay the remaining lien of $1,506.15. Staff recommends approval. E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending March 6, 2010. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). F. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1). G. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1) and Commissioner Archer (Seat #2). H. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to represent the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal for a two (2) year term ending January 31, 2008. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District) Waterford Place/Delint to RM (Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments), located approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard. (Quasi-Judicial Hearing) B. ORDINANCE NO. 5-06: Future Land Use Map amendment from County RL-3 (Low Density Residential - 3 units per acre) to City 1RN (fransitional) and Annexation with the establishment of initial City zoning of SAD (Special Activities District) for Safe and Secure (aka Robotic Space Savers) located at the southwest corner of Conklin Drive and Military Trail. (WHILE MAIT .RD NOTICE STATED 2/21/06. THIS ORDINANCE WILL NOT BE HEARD. IT WILL COME BACK IN MAY. 2006 AND WILL BE ADVERTISED FOR SECOND READIN<V C. ORDINANCE NO. 6-06: An ordinance amending the SAD (Special Activities District) zoning district (fka The Extra Closet SAD), as established by Ordinance No. 28-89, to allow the construction of two new buildings which total 17,700 square feet, located on the east side of Military Trail approximately 2,450 feet south of Lake Ida Road. (PUT.T .ED DUE TO A REOUEST FROM CITY ATTORNEY, WILL BE FINALIZED AFTER SITE PLAN APPROVAL BY SPRAB) 02-21-2006 - 6 - D. ORDINANCE NO. 9-06: An ordinance amending Chapter 102, "Streets and Sidewalks", of the Code of Ordinances by enacting Section 102.43, "Standards for Newsracks and Modular Newsracks, including Maintenance, Installation, and Locations", to provide additional standards for the safe and secure installation of newsracks throughout the City. E. ORDINANCE NO. 10-06: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances, by updating the references to the Florida Building Code and National Fire Protection Association Codes and providing a procedure for affected individuals to challenge the City's local amendment provisions. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 12-06: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of the Code of Ordinances, to include enforcement by Law Enforcement Officers of all City ordinances. If passed, a public hearing will be held on March 6, 2006. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY17,2006 02-21-2006 - 7 - FEBRUARY 7. 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 7,2006. L Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Roger P. Richardson with Church of the Palms. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman requested that Item 8.K., Third Amendment to Contract for Sale and Purchase/Auburn Trace and Item 9.1., Grant Fundinl! Request/Palm Beach County International Film Festival be removed from the Agenda. The City Manager requested that Item 8.U., Chanl!e Order No.6 (Contract AdditionVAsphalt Consultants. Inc. be moved to the Regular Agenda as Item 9.S. because he has more information to provide to the Commission. Mrs. Ellis moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 02/07/06 5. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of January 17, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of January 18, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recoe:nizine: Black History Month - Februarv 2006 Mayor Perlman read and presented a proclamation hereby proclaiming the month of February 2006 as Black History Month. Lula Butler, Director of Community Improvement .came forward to accept the proclamation. I 7. PRESENTATIONS: . NONE 8. CONSENT AGENDA: City Manae:er Recommends Approval. 8.A. RESOLUTION NO. 7-06: Approve Resolution No. 7-06 abandoning a Right-Of- W ay for Dixie Boulevard, lying between Lindell Boulevard and Avenue K. The caption of Resolution No. 7-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE BOULEVARD RIGHT -OF- WAY (ROW) LYING BETWEEN LINDELL BOULEVARD AND AVENUE "K", AS SHOWN ON THE PLAT OF DEL-RATON PARK (PB 14, PG 9), AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 7-06 is on file at the City Clerk's Office. ) 8.B. FINAL SUBDIVISION PLAT APPROV AL/LATITUDE DELRAY PLAT: Approve the subdivision plat for Latitude Delray, a mixed use development, located on the northwest comer of Lindell Boulevard and south Federal Highway. - 2 - 02/07/06 s.c. LIMITED ACCESS EASEMENT AGREEMENTIBRUCE AND EMILY ROBSON: Approve a Limited Access Easement Agreement between the City and Bruce and Emily Robson providing for the placement of a limited access easement over the property line adjacent to Tamarind Road. S.D. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the East End Volleyball Tournament to be held at the municipal beach on March 25 and 26,2006. S.E. APPROVAL OF AMENITIES FOR UPGRADING PARKS: Approve amenities to upgrade existing parks and the beachfront area as presented at the January 10, 2006 Workshop Meeting and authorize staff to proceed with purchases and installation. S.F. CORRECTION/SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING. INC.: Approve a correction to Service Authorization No. 7 to Mathews Consulting, Inc. for the Temple Park Project which was incorrectly listed (typo) on the December 13, 2005 Commission Agenda as $41,171.00 instead of the correct amount of$47,171.00. S.G. CORAL TRACE HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Coral Trace Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. S.H. QUIET TITLE/CITY PARCELS: Grant authorization to Quiet Title on six (6) City lots that were selected for transfer into the newly created Community Land Trust. S.I. RATIFICATION OF THE APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve and ratify the appointments to the Kids and Cops Committee for two (2) year terms ending November 30, 2007. S.J. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 14, 2006. S.I{. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. S.L. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $312,000.00 for funding for the Clean and Safe Program for FY 05/06. - 3 - 02/07/06 8.M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/GEOGRAPHIC AND LAND INFORMATION: Consider approval of an Interlocal Agreement between the City and Palm Beach County for the exchange and update of geographic and land information. 8.N. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of Understanding with the Florida Department of Financial Services; and accept the 2005 Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $7,595.00 to maintain a specialized decontamination team and purchase new decontamination equipment. 8.0. VEHICLE REPAIR/FIRE DEPARTMENT: Approve the repair of Fire Department vehicle #200460 by Southeast Truck Specialist, Inc. in the amount of $20,748.23. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims) . 8.P. CONTRACT ADDITION/PGAL. INC.: Approve a Contract Addition in the amount of $17,930.00 to PGAL, Inc. for supplementary consulting services required in conjunction with the development of the Old School Square Parking Garage. Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). ~ EMERGENCY CONTRACT A W ARD/CHAZ EQUIPMENT COMPANY. INC.: Approve an emergency contract award in the amount of $139,500.00 to Chaz Equipment Company, Inc. for the repair of a sewer main break at Lift Station 58. Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains). 8.R. THIS ITEM HAS BEEN REMOVED FROM AGENDA. 8.S. CHANGE ORDER NO. l/FINAL PAYMENTIROSSO PAVING & DRAINAGE.INC.: Approve Change Order No. I in the amount of $12,073.06 and final payment in the amount of $16,634.08 to Rosso Paving & Drainage, Inc. for completion of the Bus Shelter Concrete Pads Project. Funding is available from 334- 3162-544-65.70 (General Construction Fund/Transit Stop Bus Shelters). 8.T. CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANGER CONSTRUCTION. INC.: Approve Change Order No. 2 (Contract Addition) in the amount of $71,739.00 to Ranger Construction, Inc. for the Miller Park Parking Lot Resurfacing. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims). 8.U. ' THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.S. -4- 02/07/06 8.V. CHANGE ORDER NO.6 (CONTRACT ADDITION)/ASPHALT 'CONSULTANTS. INC.: Approve Change Order No.6 (Contract Addition) between the City and Asphalt Consultants, Inc. in the amount of $112,026.00 for the relocation/replacement of the existing 6" water main on the north two blocks as part of the N.W.lS.W. 5th Avenue Improvements Project. Funding is available from 442-5178- 536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains). 8.W. SERVICE AUTHORIZATION/HELLER-WEA VER AND SHEREMETA. INC.: Approve a Service Authorization to Heller-Weaver and Sheremeta, Inc. in the amount of $10,350.00 for supplemental survey work related to the Old School Square Garage and Park Campus Expansion. Funding is available from 380- 4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). 8.X. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with four (4) sub-recipients (Community Child Care Center, Fair Housing Center of the Greater Palm Beaches, Inc. and the Urban League of Palm Beach County in the total amount of $95,000. Funding is available from the Community Development Block Grant Budget. 8.Y. MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES 2006-2010/DELRAY BEACH HOUSING RENAISSANCE PROGRAM: Approve the Memorandum of Understanding and the Policies and Procedures that govern the Delray Beach Housing Renaissance Program for the period March 2006 through March 2010. 8.Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 17, 2006 through February 3,2006. 8.A.A. AWARD OF BIDS AND CONTRACTS: 8.A.A.I. Lease award to Enterprise Rent-A-Car in the total annual cost of $43,200.00 for a twelve (12) month lease of six (6) vehicles for the Vice, Intelligence, and Narcotics (V IN) Unit of the Police Department. Funding is available from 001-2115- 521-44.40 (General FundNehicles). 8.A.A.2. Contract award to Hatcher Construction & Development, Inc. in the amount of $61,156.70 for interior and exterior renovations associated with the Neighborhood Resource Center Rehabilitation Project. Funding is available from the Community Development Block Grant Program (Other Grants & Aids). 8.A.A.3. Purchase award to Metro-Dade K-9 in the total amount of $16,400.00 for the purchase of one (1) Green Canine and one (I) Titled Canine for the Police Department. Funding is available from 001-2115-521-52.25 (General Fund/K-9 Expenses) and 115-2111-521-49.90 (Special Projects Fund/Other Current Charges/Obligations). - 5 - 02/07/06 8.A.A.4. Contract award to Johnson Davis in the amount of $833,700.00 for the Lake Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is available from 380-4150-572-63.23 (G.O. BondlNeighborhood Parks). 8.A.A.5. Contract award to Associates Roofing in the amount of $553,799.00 for the Municipal Golf Course Clubhouse Re-roofing Project. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims-Golf Course Clubhouse Roof). 8.A.A.6. Contract award to Accurate Events in the amount of $34,988.00 for Security Guards, Supervisors and Body Guard Services for the International Tennis Championships at the Delray Beach Tennis Center. Funding is available from 001-4210- 575-55.40 (General Fund/Tennis Operations). 8.A.A.7. Contract Award to JBE Technology, Inc. at a total cost of$169,711.82 (to be paid for by FEMA, the State of Florida and Property Insurance proceeds) for the replacement of wireless equipment presently located at 12 remote sites throughout the City. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims). 8.A.A.8. Bid Award (Extension) to Special Products Group, Inc. in the amount of $22,887.00 via the City of Boynton Beach Bid #062-1412-03/CJD for an additional year at the same terms and conditions for the purchase of dress and work uniforms for the Fire Department. Funding is available from 001-2311-522-52.22; 001-2313-522-52.22; 001- 2315-526-52.22; and 001-2317-522-52.22 (General Fund/FirelUniforms). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms. McC~hy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION ASSOCIATED WITH PINEAPPLE GROVE LTD: Consider an appeal of the Historic Preservation Board's decision for Pineapple Grove Ltd., located on the north side of N.E. 1st Street, between N.E. 1st Avenue and N.E. 2nd Avenue. (Quasi- Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson, Ms. McCarthy, Mrs. Ellis and Mrs. Archer had no ex parte communications to disclose. Mayor Perlman stated he had a brief conversation with Mr. Louis Carbone. -6- 02/07/06 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-302 and the site plan into the record. Mr. Dorling stated the item before the Commission is a consideration of an appeal of four waivers and one variance associated with the Class V site plan, landscape plan and architectural elevations for Pineapple Grove Limited. The subject property is located on the north side ofN.E. 1st Street, between Pineapple Grove Way and N.E. 1st Avenue. The Historic Preservation Board's actions were taken on January 4, 2006. The Board recommended approval of the project but did not support or grant the four requested waivers or the one variance as they were unable to make the necessary findings. Staff supports HPB's failure to make required findings and therefore staff requests that the Commission deny this appeal and uphold HPB's approval of the project without the support ofthe waivers. Louis Carbone, owner/agent for the applicant Pineapple Grove, Ltd., gave a briefPowerPoint presentation regarding the proposed project and stated this project was being reviewed based on guidelines that were in existence prior to May 4, 2004 (before the new Design Guidelines). Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of this proposal, to please come forward at this time. No one from the public came forward to address the Commission. Mr. Dorling and Mr. Carbone gave brief rebuttal statements. At this point, the City Attorney stated she will modify the Board Order and reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Levinson moved to approve the Board Order, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR VALET QUEUE EXPANSION/CAFFE LUNA ROSA: Consider a request from Caffe Luna Rosa to expand their existing valet queue area from four (4) spaces to seven (7) spaces. Scott Aronson, Parking Management Specialist, stated Caffe Luna Rosa currently has their valet queue located on the south side of Atlantic Avenue between Salina Avenue and South Ocean Boulevard. The recent opening of the Shore Restaurant and heavy seasonal traffic is back up the existing queuing area and blocking the travel lane on Atlantic Avenue. The request is to incorporate the three officially designated spaces into the queue which would require relocation of the officially designated spaces. The three spaces are currently municipal parking spaces two are reserved for lifeguards and one of them is designated for the Police Department. The request was considered by - 7 - 02/07/06 the Development Services Management Group and there was support for the expansion ofthe queue for evening use after 5:00 or 6:00 p.m. At its meeting of January 24, 2006, the Parking Management Advisory Board recommended approval of the expansion of the valet queue during the full operating hours of the valet queue (II :00 a.m. - 11 :00 p.m. seven days a week). Mr. Aronson stated the Commission has been provided a letter from the lifeguards opposing the removal of the parking spaces. In addition, he spoke with Chief Schroeder who also had some opposition about relinquishing those spaces during the daytime hours. Staff recommends expansion of the valet queue for the evening hours after 5 :00 p.m. to 11 :00 p.m. Brief discussion between staff and the Commission followed. Jorge Ramos, Director of Operations for Caffe Luna Rosa, stated at busy times they have four valets and the problem occurs during the day because many people use the beach which creates more traffic congestion. Mr. Ramos stated they are servicing their restaurant customers, the Shore restaurant customers, and the beach people. David Leonard, President of BPS Valet, stated he brought this to the attention of the Parking Management Advisory Board (PMAB) before Shore restaurant was started because he anticipated that the impact of this restaurant would change the valet queue. Mr. Leonard stated this is a very busy queue on Saturdays, Sunday mornings, anytime during the day where the weather is perfect, and Friday and Saturday evenings. He stated he has eight valets on the weekends. Mr. Aronson stated all parking license agreements will be up for renewal on April 1, 2006. Mr. Levinson moved to approve an amendment to the contract to allow Caffe Luna Rosa to use seven (7) spaces instead of four (4) with the operating hours of the valet queue from 11 :00 a.m. - 11 :00 p.m. seven days a week until April I, 2006, and Caffe Luna Rosa will offset the City's additional cost in lost revenue, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING: Consider approval of a request from Community Neighborhood Helping, Inc. to provide $10,000.00 in seed money, which will be reimbursed to the City through a Palm Beach County grant, for the Glory Awards 2006 to be held on May 5, 2006. Funding is available from 001-1111-511-48.10 (City Commission/Special Events). Mr. Levinson moved to approve the funding request from Edith Thompson to provide $10,000 in seed money for the Glory Awards 2006 to advance the County commitment for funding, seconded by Ms. McCarthy. Upon roll call the - 8 - 02/07/06 Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:07 p.m., the Commission moved to the duly advertised Public Hearings portion ofthe Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 8-06: An ordinance amending Chapter 71, "Parking Regulations", "General Provisions", of the Code of Ordinances by enacting Section 71.006, "Surcharge on Parking Fines", to provide for a surcharge on parking fines to fund the School Crossing Guard Program. The caption of Ordinance No. 8-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", "GENERAL PROVISIONS", AND ENACTING SECTION 71.006, "SURCHARGE ON PARKING FINES", TO PROVIDE FOR A SURCHARGE ON PARKING FINES TO FUND THE SCHOOL CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-06 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated the proposal is to add a $5.00 surcharge to parking fines and by State law that money would be earmarked for the City's School Crossing Guard Program and is expected to generate approximately $60,000 per year. Mayor Perlman declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 8-06, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 8-06 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. - 9 - 02/07/06 At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manaeer's reSDonse to Drior Dublic comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. 11.B.1. Gerry Franciosa. 939 Eve Street. Delrav Beach. stated he came before the Commission approximately six months ago about televising the Commission meetings. He read into the record a statement by an elected official from the City's website dated August 1,2005. 11.B.2. Michael Weiner. 102 N. Swinton Avenue. Delrav Beach. complimented the Commission and staff on the conduct of the Town Hall meeting. He stated a great deal of opinions were rendered and noted he is not sure what meeting the media reported on. At this point, the time being 7:13 p.m., the Commission moved to Item 9.D. of the Regular Agenda. 9.D. REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED CHORUS: Consider a request for financial support to send nine (9) fourth and fifth grade students from the S.D. Spady Elementary School Chorus selected to perform in Charleston, West Virginia with the American Choral Directors Association Southern Division Honor Choir. Funding is available from 001-1111-511-48.10 (City Commission/Special Events). Robert A. Barcinski, Assistant City Manager, stated this is a request from Mr. Kurt J. Clark, Chorus Director, S.D. Spady Elementary School requesting financial support from the City for nine (9) fourth and fifth grade students who have been selected to travel to Charleston, West Virginia on February 21, 2006 to sing with the American Choral Directors Association Southern Division Honor Choir. Mr. Levinson moved to approve $1,500 for a student and chaperone, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.E. ADDITIONAL REOUESTIDELRAY BEACH FILM FESTIVAL: Consider a request from Mr. Michael Posner to have a surfing contest on the south end of the beach across from Anchor Park to be held on March 11, 2006; and permit the festival to hold a golftournament at the Municipal Golf Course on March 10, 2006. - 10- 02/07/06 Robert A. Barcinski, Assistant City Manager, stated this is a request from Mr. Michael Posner, Festival Director and Founder of the Delray Beach Film Festival, for different events he would like to hold during his film festival to be held in March. One is to hold a surfing contest at the south end of the beach across from Anchor Park on Saturday, March 11th from 8:00 a.m. to 2:00 p.m. and to hold a golf tournament at the golf course on Friday, March 10th. The other is the closure of N.W. 1st Street from Swinton to the alley west of Swinton Avenue to expand the area available for their Gala being held on Wednesday night at Dada's. Mr. Barcinski stated Anchor Park has been reserved to the South Florida Lymphomathon on Saturday, March 11, 2006; therefore, parking would be an issue. However, Mr. Posner has indicated he is willing to use part of the Atlantic Dunes parking lot and he will shuttle people back and forth. Mrs. Archer stated Mr. Posner has worked very hard and she supports the request. Mrs. Ellis inquired about an alternative date if there are no waves the day of the surfing contest. In response, Mr. Barcinski stated Sunday, March 12, 2006 would be the alternate date. Mayor Perlman stated he supports the surfing and the Gala; however, he expressed concern over the daytime golf tournament and noted it is City Policy not to allow the golf tournaments during the season. Mrs. Archer moved to approve the request from Mr. Michael Posner with the Delray Beach Film Festival subject to the five recommendations listed in staffs memorandum, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. 9.F. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 3rd Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 18-19, 2006 from 10:00 a.m. until 10:00 p.m. on the grounds of Old School Square and on a portion of the Old School Square parking lot. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve the 3rd Annual Asian Food Fair and Cultural Show proposed to be held March 18-19, 2006 on the grounds of Old School Square as well as utilizing the Old School Square parking lot. The event is from 10:00 a.m. until 10:00 p.m. Staffis also requesting the closure of N.E. I st Avenue north of the grounds of Old School Square to N.E. 1 st Street and staff support. The site will be fenced and there will be an admission charge. The estimated staff overtime costs for the event are $11,400 with an additional estimate of $450 for event signage and barricade rental and $230 to man the parking garage. The event sponsor will be required to pay a portion of the costs which will be $3,485. Staff recommends approval of the event with the following conditions: (I) the City be provided with a certificate of liability insurance from the amusement ride - 11 - 02/07/06 operator prior to the event, and (2) the City be provided with a copy of the State inspection certificate for amusement rides prior to operating any such rides. Mr. Levinson moved to the special event request to allow the 3rd Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 18-19,2006 from 10:00 a.m. to 10:00 p.m., subject to the conditions listed in the staff report, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.G. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to allow the 38th Annual St. Patrick's Day Parade to be held on Saturday, March 11,2006. Robert A. Barcinski, Assistant City Manager, stated this is a request for the 38th Annual Saint Patrick's Day Parade proposed to be held on Saturday, March II, 2006. Staff recommends approval subject to the following conditions: (1) all conditions contained in Lt. Williams' January 20, 2000 memo are met, (2) the event sponsors provide the city with the required liability insurance and hold harmless agreement by March 1 S\ (3) Event signage not to be put up any earlier than March 1,2006, (4) Parade ends at N.W. 1st Avenue versus the South County Courthouse. The City Manager stated this would have gone on the Consent Agenda except they are seeking a media sponsor. Mrs. Archer moved to approve the special event request to allow the 38th Annual St. Patrick's Day Parade to be held on Saturday, March 11, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.0. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,050.25 to South Florida Construction (314 N.W. 5th Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) ProgramlHousing Rehabilitation). Lula Butler, Director of Community Improvement, stated the reason this is on the regular agenda is because staff recommends approval to award to the second lowest bidder as opposed to the lowest bidder. Mrs. Butler stated the lowest bidder is non-performing on his current contract and this contractor has health issues that are interfering with his ability to do the job successfully. Therefore, staff is asking permission to award the contract to the second lowest responsive bidder. Ms. McCarthy moved to approve the housing grant/contract award through the Community Development Division in the amount of $24,050.25 to South Florida Construction (second lowest bidder), seconded by Mrs. Archer. Upon roll call - 12- 02/07/06 the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to o vote. 9.1. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.J. FEDERAL COMMUNICATIONS COMMISSION'S (FCC) NOTICE OF PROPOSED RULEMAKING REGARDING PREEMPTION OF LOCAL GOVERNMENT AUTHORITY AS IT RELATES TO FRANCHISING/ LEIBOWITZ & ASSOCIATES: Consider authorizing Leibowitz & Associates to file a response, on behalf of the City, with the Federal Communications Commission (FCC) on the proposed rulemaking regarding the preemption of Local Government Authority as it relates to franchising. Commissioner Ellis stepped away from the dais. The City Attorney stated there have been emails going back and forth with Ila Feld, et al regarding this item. Mr. Levinson moved to approve Ila Feld to participate on behalf of the City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.1(. OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN MARILYN SHUSTER v. CITY OF DELRAY BEACH AND FLORIDA EAST COAST RAIL WAY: Consider approval of an Offer of Judgment/Proposal for Settlement in the total amount of$19,000.00 in Marilyn Shuster v. City of Delray Beach. The City Attorney stated this is a request for the Commission to authorize the proposal for settlement in the amount of $19,000.00. The Plaintiff alleges injuries from the fall including a left rotator cuff. If the Plaintiff accepts the City's settlement offer, then the City would request the Plaintiff release the City of all claims and execute all documents and releases. The City Attorney and the City's Insurance Adjuster recommend approval of the proposal for settlement. Mr. Levinson moved to approve Offer of Judgment/Proposal for Settlement in the Marilyn Shuster v. City of Delray Beach in the amount of $19,000.00, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. - 13 - 02/07/06 9.L. RESOLUTION NO. lO-06/SCRIPPS RESEARCH INSTITUTE OPPORTUNITY FUND: Consider approval of Resolution No. 10-06 supporting the Scripps Research Institute Opportunity Fund. The caption of Resolution No. 10-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE SCRIPPS RESEARCH INSTITUTE OPPORTUNITY FUND. (The official copy of Resolution No. 10-06 is on file at the City Clerk's Office. ) Commissioner Ellis returned to the dais. Mayor Perlman read the caption of Resolution No. 10-06. For the benefit of the public, Mayor Perlman stated this is really a Tri-City proposal even though the Scripps Research Institute would locate in Boca Raton. It has been a three city bi-county effort in forging this proposal. He stated the Planning and Zoning Department is working with Boca and other city departments as well. He stated the City tries to get a return on their investment with everything they do and he would not support this unless he felt it would give the City a substantial return on that investment. Mayor Perlman stated he believes the $2 million dollars will come back to the City many, many, many fold. He stated he likes how the money will be slotted (i.e. job creation and diversity programs) which will allow people of all walks oflife to take advantage ofthis cluster. He stated it is a great investment and if the City of Delray Beach is fortunate enough to have the Scripps Research Institute locate in Boca Raton, he expects that we will see it return to us many times over. Mr. Levinson stated he is extremely excited about this. Mrs. Archer stated she feels this is money well spent. Mr. Levinson moved to approve Resolution No. 10-06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) regular members to the Code Enforcement Board for three (3) year terms ending January 14, 2009. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Ellis (Seat #1). Mayor Perlman stated he would like to reappoint Robert Marks as a regular member to the Code Enforcement Board for a three (3) year term ending January - 14- 02/07/06 14, 2009. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to reappoint Mark Behar as a regular member to the Code Enforcement Board for a three (3) Year term ending January 14, 2009, seconded Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three (3) "Other Representation" members to the Kids and Cops Committee for two (2) year terms ending November 30, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mrs. Archer moved to reappoint Jennifer Buce as a regular member to the Kids and Cops Committee for a two (2) year term ending November 30,2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Officer Francis Moschette as a regular member to the Kids and Cops Committee for a two (2) year term ending November 30, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint Marilyn Pickens as a regular member to the Kids and Cops Committee for a two (2) year term ending November 30, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.0. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2007. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Arline Sherman as an alternate member to the Nuisance Abatement Board for an unexpired term ending March 31,2007. Mrs. Ellis so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.P. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (I) regular member to the Parking Management Advisory Board - 15 - 02/07/06 to represent the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal for a two (2) year term ending January 31, 2008. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he would like to defer his appointment until the Regular City Commission meeting of February 21,2006. 2.&..: APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (I) regular member to the Police and Firefighters' Retirement System Board of Trustees for an unexpired term ending June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Alexander "Sandy" Simon as a regular member to the Police and Firefighters' Retirement System Board of Trustees for an unexpired term ending June 30, 2006. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to I vote, Commissioner Archer dissenting. 9.R. RECONSIDERATION OF THE POLICE ADVISORY BOARD APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments that were approved at the December 13,2005 Commission Meeting. Mayor Perlman passed the gavel to Vice Mayor Levinson and made a motion to reconsider the appointment of Joseph Ferrer. In addition, Mayor Perlman stated he would like to see if staff can recruit someone from the Haitian community to serve on this Board because they are a large segment of the community. At this point, Mr. Levinson passed the gavel back to Mayor Perlman to second the motion. Mayor Perlman stated he wished to approve all the names for two and three year terms with the exception of Joseph Ferrer. Mayor Perlman so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Perlman - Yes; Mrs. Ellis - No. Said motion was DENIED with a 3 to 2 vote, Commissioner Levinson and Mayor Perlman dissenting. For clarification, Mayor Perlman stated he does not have a problem with Mr. Ferrer but has a problem with the principle and feels if someone is running for office then this is what they should be doing. Mr. Levinson stated this was raised during the initial discussion that there was not a delineation of representation in the initial discussion by the Committee and there was no demographic profile provided to them other than their application which mayor may not have made it clear that someone was or was not a particular ethnicity or from a desired segment of the community. - 16 - 02/07/06 Brief discussion by the Commission followed. Mrs. Ellis moved to ratify the Board members as suggested by the R.A.C.E. Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - No; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson and Mayor Perlman dissenting. 9.S. CHANGE ORDER NO.1 (CONTRACT ADDITION)/CATALFUMO CONSTRUCTION. LTD.: Approve Change Order No.1 (Contract Addition) in the amount of $50,000.00 to Catalfumo Construction, Ltd. to provide a required financial commitment and to reserve a precast manufacturing date for structure components. Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). The City Manager stated the $50,000 to get started is fine but noted the April date for casting will not work as Old School Square Garage takes up more floor space than the Catalfumo Garage. In addition, he stated they have verbally advised that installation will not occur prior to September 2006 and may start as late as the first quarter of 2007. Prior to the vote, Commissioner Archer stated she will not support this request because Mr. Catalfumo is a known perpetrator of domestic violence. Mr. Levinson moved to approve Change Order No.1 (Contract Addition) to the Preconstruction Services Agreement between the City of Delray Beach and Catalfumo Construction, Ltd. in the amount of $50,000.00, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - No; Mr. Levinson - Yes. Said motion passed with a 4 to I vote, Commission Archer dissenting. At this point, the time being 7:52 p.m., the Commission moved to First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 5-06: Future Land Use Map amendment from County RL-3 (Low Density Residential- 3 units per acre) to City TRN (Transitional) and Annexation with the establishment of initial City zoning of SAD (Special Activities District) for Safe and Secure (aka Robotic Space Savers) located at the southwest comer of Conklin Drive and Military Trail. The caption of Ordinance No. 5-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, A PARCEL OF LAND LOCATED AT THE - 17 - 02/07/06 SOUTHWEST CORNER OF CONKLIN DRNE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF TRANSITIONAL FOR SAID LAND TO THE FUTURE LAND USE ~ AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-06 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. She stated this is before the Commission for a first reading at this time and the second readinglquasi- judicial hearing will be several months away. Paul Dorling, Director of Planning and Zoning, stated this property is located in unincorporated Palm Beach County and has a CG/SE (Commercial General/Special Exception) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation. The applicant is proposing to build a 4-story self storage building with associated parking and landscaping. At its meeting of January 23,2006, the Planning and Zoning Board held a public hearing in conjunction with this request. There was public testimony in opposition from the adjacent single family neighborhood. There was significant concern that revolved around the proximity of the proposed development to Conklin Drive residential development and that it was inconsistent with the existing land use pattern for that community as well as the adjacent residential properties to the south, west, and east. Staff recommended that this be denied based upon issues on compatibility and inappropriate intensity of development. The SAD zoning that is being sought is actually a zoning district for projects that are otherwise not classified or categorized in other zone districts. The zoning designations that would accommodate this kind of facility are industrial (i.e. light industrial, mixed industrial, and some commercial). Staff feels an industrial type development would not be appropriate. Staff recommends to deny this item on first reading the ordinance for Annexation, the FLUM amendment from County - 18 - 02/07/06 LR-3 (Low Residential - 3 du/ac) to City Transitional (TRN) , and the initial zoning designation of SAD (Special Activities District), based upon the findings of fact and law contained in the staff report, and failure to make positive findings with respect to LDR Section 3.2.2(D), 3.1.1 (Consistency), 3.1.1 (Compatibility), 2.4.5(D)(5) (Reasons for Rezoning) and inconsistencies with the Comprehensive Plan more specifically FLUM Element Policy A-I. 7, Policy A-2.3, and Objective A-I. Mr. Levinson moved to approve Ordinance No. 5-06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 6-06: Modification to the SAD (Special Activities District) zoning district to allow the construction of two new buildings which total 17,700 square feet for the Delray Beach Extra Closet, located on the east side of Military Trail approximately 2,450 feet south of Lake Ida Road. If passed, a public hearing will be held on February 21,2006. The caption of Ordinance No. 6-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE EXTRA CLOSET SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE 28-89, BY ADDING TWO MORE SELF SERVICE STORAGE FACILITY BUILDINGS TOTALING 17,700 SQUARE FEET; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 6-06 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is a 4.95 acre tract located on the east side of Military Trail approximately 2,450 feet south of Lake Ida Road. The ordinance applied an SAD zoned district for the property and incorporated a site development plan, which allowed the construction of two (2) one- story self-storage buildings. The proposal before the Commission is an amendment of the SAD (processed as a rezoning) which involves modification of the approved site plan. The modification will involve the addition of two self-storage facility buildings bordering the south side of the property. At its meeting of January 23,2006, the Planning and Zoning Board held a public hearing in conjunction with review of the request. One person from the public - 19- 02/07/06 spoke in opposition to the proposed modification. After discussion, the Board voted 7-0 to recommend approval. Mr. Dorling stated this ordinance will be back to the City Commission in two weeks for second and final reading. The City Attorney stated the caption of the ordinance will be revised to reflect the Special Activities District (SAD) formerly known as the Extra Closet SAD. Mr. Levinson moved to approve Ordinance No. 6-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District) to RM (Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments), located approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard. Ifpassed, a public hearing will be held on February 21,2006. The caption of Ordinance No. 7-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, ON THE WEST SIDE OF DOTTEREL ROAD, BETWEEN 1-95 AND LINDELL BOULEVARD, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-06 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a 25.29 acre parcel that contains Waterford Village currently zoned SAD and the request is to go to MD (Medium Density Residential 5-12 dwelling units/acre) which is consistent with the underlying use of the property as well as the Future Land Use Map Designation of Medium Density. This is to be accompanied by a Class IV Site Plan Modification to construct 48 additional three-story townhome units and convert the existing residential apartment rental units into condominiums for sale. The additional 48 units would increase the density of the project from 9.36 to 11.27 dwelling units per acre. - 20- 02/07/06 At its meeting of January 23, 2006, the Planning and Zoning Board considered this request and voted unanimously 7-0 to recommended approval. Mr. Levinson moved to approve Ordinance No. 7-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. U.D. ORDINANCE NO. 9-06: An ordinance amending Chapter 102, "Streets and Sidewalks", of the Code of Ordinances by enacting Section 102.43, "Standards for Newsracks and Modular Newsracks, including Maintenance, Installation, and Locations", to provide additional standards for the safe and secure installation of newsracks throughout the City. Ifpassed, a public hearing will be scheduled for February 21,2006. The caption of Ordinance No. 9-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH BY AMENDING CHAPTER 102, "STREETS AND SIDEWALKS", SECTION 102.43, "STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS", TO PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND SECURE INSTALLATION OF NEWSRACKS THROUGHOUT THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-06 is on file at the City Clerk's Office. ) The City Attorney read the caption ofthe ordinance. Mr. Levinson commented that the change now requires the newsracks to be bolted down to a concrete pad. Mr. Levinson moved to approve Ordinance No. 9-06 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 10-06: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances, by updating the references to the Florida Building Codes and National Fire Protection Association Codes and to provide a procedure for affected - 21 - 02/07/06 individuals to challenge the City's local amendment provisions. If passed, a public hearing will be scheduled for February 21,2006. The caption of Ordinance No. 10-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY UPDATING THE REFERENCES TO THE FLORIDA BUILDING CODE AND TO CERTAIN NATIONAL FIRE PROTECTION ASSOCIATION CODES; ENACTING A NEW SECTION 96.17, "APPEALS", TO PROVIDE A PROCEDURE FOR AFFECTED INDIVIDUALS TO CHALLENGE THE CITY'S LOCAL AMENDMENT PROVISIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-06 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. Mrs. Ellis moved to approve Ordinance No. 10-06 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Manal!er The City Manager stated at the January 3, 2006 City Commission meeting there was discussion about the injuries caused by people firing into the air and he will forward the report he received from Chief Schroeder about this issue to the Commission. The City Manager stated Legislation has been requested to make this incident a felony instead of a misdemeanor. The major difference being in order for the Police Department to arrest someone that does this, a Police Officer would have to observe them do it and if it is a felony they can arrest them based on substantial evidence. The report outlines some of the steps the Police Department is planning to take both in education and in - 22- 02/07/06 getting more officers out into the community to try and catch anyone that might be doing this kind of activity. Secondly, he commented about the time schedule on the Congress Avenue Corridor Plan and stated it is currently scheduled for consideration by the Planning and Zoning Board at their March 20th meeting and would come before the City Commission for LDR changes at the April 4, 2006 meeting. The associated Comprehensive Plan amendments would be submitted to the Department of Community Affairs with the first amendment of 2006 which is scheduled for July immediately after completion of the Evaluation and Appraisal Report. Lastly, the City Manager stated he will be attending the Florida City and County Management Foundation (FCCMF) Winter Institute on Thursday and Friday and will also be celebrating his in-laws 60th Wedding Anniversary this weekend. Therefore, the City Manager stated Mr. Barcinski will be Acting City Manager. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.I. Mrs. Archer Mrs. Archer stated the Delray Beach International Tennis Championships was great. I3.C.2. Mrs. Ellis Mrs. Ellis thanked Mayor Perlman for his efforts and contributions on the efforts to bring SCRIPPS to South County. Secondly, Mrs. Ellis stated Commissioner McCarthy was honored at the African American Diaspora Awards and noted she was very proud to be there. Lastly, Mrs. Ellis stated she is thrilled over the Congress Avenue Corridor development. I3.C.3. Ms. McCarthv Ms. McCarthy stated she is elated over the City initiated Congress Avenue Plan. Secondly, she commented about the last Art & Jazz on the Avenue and the Grand Opening of Atlantic Grove businesses. Ms. McCarthy stated she has received a - 23- 02/07/06 multitude of telephone calls around Delray Beach regarding SCRIPPS and through these telephone calls she is finding that Mayor Perlman has been everywhere. Ms. McCarthy extended kudos to Jane Tolliver's business for hosting the African American Diaspora Awards (4th year) and stated she has been able to see it grow. Lastly, Ms. McCarthy stated she is a football fan and got the best of both worlds because she was able to see her family and then she went to watch the Super Bowl to see the Steelers win. 13.C.4. Mr. Levinson Mr. Levinson stated in addition to Coretta Scott King's funeral which was today, last week was the funeral for Jack Frysinger. Mr. Frysinger was a longtime resident of Delray Beach and a participant on many of the City Boards. Secondly, he asked for an updated Goals and Action Progress Report. The City Manager stated Doug Smith, Assistant City Manager, has been working on this for a couple of weeks. He stated he was at the League of Cities lunch and commented about a brochure made available by the City. He stated the brochure is very nice because it holds a lot of information in a very small document and is inexpensive to print. Mr. Levinson stated he received a fax from Gator Investments regarding South Federal Highway and noted that the City asked DOT's consultant, URS, to go back and do some studies on the traffic counts and accident histories. Mr. Levinson stated Dr. Kathy Weigel was named the High School Principal of the Year by the Florida African American Education Alliance (F AAEA). He suggested that the City of Delray Beach recognize her for receiving this prestigious award. He commented about the newspaper article and the media coverage of the Town Hall meeting. He stated the tennis tournament was fabulous. Lastly, he stated the La France Hotel Exhibit at the Spady Museum is terrific and encouraged everyone to go see it. 13.C.5. Mavor Perlman Mayor Perlman commented about the tennis tournament and stated the City of Delray Beach presented Andre Agassi with a Key to the City. - 24- 02/07/06 Secondly, he congratulated Commissioner McCarthy for being named "Woman of the Year" at the African American Diaspora Awards. Mayor Perlman stated he attended the Pines of Delray North Annual Meeting and noted they are still struggling with damage from the hurricane. He stated he received an email from URS asking him to acknowledge its receipt. He stated it is a cover letter in PDF format; however, he is uncertain as to what he would be acknowledging and noted he will forward this to the City Attorney. Mr. Levinson asked the City Manager to write a letter to URS from the Commission that based upon the presentation the City does not support the proposed Plan as it was presented. Mr. Levinson stated there were many questions that were asked that were not answered and until these questions are answered the Commission reserves judgment on the Plan. Mayor Perlman stated he requested that C. Ron Allen (winner of one of the Governor's Points of Light Award) be scheduled on an upcoming Agenda. He announced that Mr. Allen has a Brain Bowl on Saturday morning at Old School Square. Mayor Perlman stated he had the opportunity to attend Pastor Thomas' Retirement Service at St. Paul's Missionary Baptist Church and it was a wonderful event. He stated Pastors from other churches came to pay tribute to Pastor Thomas. In addition, Mayor Perlman stated Commissioner McCarthy provided Pastor Thomas with tennis tickets. Mayor Perlman stated we are in an Election Season and he is concerned about truth and will be holding people accountable to the truth. He stated there was an article that ran over the weekend in the Palm Beach Post that was referenced this evening about "Commission Not Talking to Us". Mayor Perlman stated the City has been in this particular neighborhood with a huge amount of effort in doing the Southwest Plan. He stated if you total up what has occurred in these neighborhoods for the past six years (i.e. formation of the Land Trust, the Gateway feature that is coming, the new library on West Atlantic, sidewalks in the southwest section, Weed & Seed, the West Settlers District, NW ISW 5th Avenue, business grants that have been given to entrepreneurs, an expanded Village Academy, new Boys & Girls Club, the Beacon Center, the soon to be neighborhood resource center, the plan for the new Carver Estates, plans for the new Carver Square, support for the Spady Museum, the free tennis programs through the Community Olympic Development Program and the Delray tennis patrons, the Osceola Park Plan, the Renaissance Housing Program, the hundreds of thousands of dollars in the CDBG investments, Atlantic Grove, the R.A.C.E. Relations efforts, affordable housing programs, new parks, pocket parks and the Southwest Park, the re-do of Pompey Park, support of non-profits, the non-profit academy and the support of various festivals) he feels the City of Delray Beach has a pretty good record. Mayor Perlman stated the City of Delray Beach has gone into the neighborhoods and has solicited input. - 25 - 02/07/06 Mayor Perlman stated Mr. Franciosa was quoting him with regard to televising the City Commission meetings. He stated televising the meetings is something to consider in upcoming budgets. Mayor Perlman stated although he has not heard a lot from the community with regard to televising the meetings, he thinks it is important to provide as much openness and access as possible for the public. The City Manager stated there are two options. The City of Delray Beach is buying a radio station and it would be very easy to place meetings on there. Secondly, he stated he is much more interested in video streaming versus putting it on cable. The City Manager stated video streaming is much less costly than setting up to do cable television. Mayor Perlman asked if there has ever been a study with regard to typical viewer ship. Mayor Perlman stated not enough information is getting out and stated Commissioner McCarthy had a wonderful idea that the hundreds of people who participate in the plans should sign the plans. He stated if there are signatories to those plans it provides a sense of ownership and is also evidence in the future that people came out and spent numerous hours giving their input and sketching out ideas and working with planners on the future oftheir neighborhoods. The City Manager stated the City of Delray Beach received national awards for citizen participation particularly for the Downtown Master Plan. There being no further business, Mayor Perlman declared the meeting adjourned at 8:34 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes ofthe Regular City Commission Meeting held on February 7, 2006, which Minutes were formally approved and adopted by the City Commission on - 26- 02/07/06 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 27- 02/07/06 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA PINEAPPLE GROVE LIMITED, Appellant( s), vs. CITY OF DELRA Y BEACH, Appellee. I ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The site plan was approved by the Historic Preservation Board (HPB) without certain waivers and variances that were requested by Appellant and denied by the HPB. This appeal of denial of the waivers and variances came before the City Commission on February 7, 2006. 2. Appellant and Appellee had stipulated that the site plan itself is consistent with the Comprehensive Plan, the Future Land Use Map and the concurrency requirements were met. The parties stipulated that the appeal concerns only the denial of certain waivers and a variance from the Land Development Regulations which were denied by HPB. 3. The Appellants and City staff presented documentary evidence and testimony to the City Commission. All of the evidence is a part of the record in this case. 4. Riaht of Way Dedication: Appellant requests the City Commission grant a variance to Section 4.3.4(H)(I). The Appellant asked for a variance to be granted on the above right-of-way dedication requirement so that the setback is measured from the property line versus the ultimate right-of-way line. The City Attorney opined that the City Commission did not have jurisdiction to grant the variance as all appeals of variance denials go to the Circuit Court. This I+ctv1 q.A. variance was not timely appealed to the Circuit Court and the City Commission did not have jurisdiction to grant the appeal. 5. Waivers: Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 6. Appellant asked for a waiver of swimming pool setbacks. Pursuant to LOR Section 4.6.15(G)(1), swimming pools are allowed to extend into a rear or side setback area but no closer than 10 feet to any property line. However, swimming pools are prohibited within the front setback since there is no provision for their encroachment. The proposed duplex and townhouse pools are located completely within the front yard setback. The applicant has submitted a wavier request to allow the Dools within the front setback. Should the waiver for swimming pool within the front setback be granted? Yes o No 5 7. Wall Setback: Pursuant to LOR Section 4.6.5(E) & (F), masonry walls located in the front yard must be screened by landscape material that is to be maintained at a minimum height equal to half the height of the wall. Landscape materials must be of the type that will reach the required height within two years of planting. These walls must be setback 2 feet from the property line to provide adequate area for vegetation to mature. The proposed wall is located along the property line with no setback and landscaping. The applicant has requested a waiver to eliminate the required wall setback and landscaping. 2 Should the waiver be granted for wall setback and landscape requirements? Yes 0 No 5 8. Wall Heiaht: Per LOR Section 4.6.5(C), the maximum height of walls within the required front or street side yard is 6 feet. The proposed entry feature and gates exceed the six foot (6') requirement. The applicant has requested a waiver to allow an increase in height over six feet (6') for the gate and entry feature. Should the waiver be granted for wall height for the entry feature? Yes 3 No 2 9. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the original site plan was submitted. 10. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 11. Based on the entire record before it, the City Commission approves the waiver of the wall height for the entry feature and denies the other waivers appealed by Appellant finds it is without jurisdiction to hear the variance appeal and hereby adopts this Order this 7th day of February, 2006, by a vote of 5 in favor and 0 opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 3 WORKSHOP MEETING FEBRUARY 14, 2006 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, February 14, 2006. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Robert A, Barcinski, Assistant City Manager Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Restricting Times for Construction in Residential Neighborhoods Janet Meeks, Education Coordinator provided background information concerning a proposed ordinance amending LDR Sections 2.4.6 and 4.4.3 Single Family Residential (R-1) Districts by adding a section regulating construction site conditions. The Neighborhood Advisory Council had received a letter from the Beach Property Owner's Association (BPOA) indicating that, with the building boom, the residents living on the barrier island have experienced various problems with developers working in neighborhoods. The complaints focused around noisy construction activities commencing early in the morning and extending well past dinner time; deliveries made on weekends as well as weekdays; construction vehicles and workers' vehicles parked on residential streets resulting in congestion and impassible streets; creation of private property damage and theft; construction trash; and unsighdy conditions of construction sites. The BPOA asked if the Neighborhood Advisory Council would be willing to help address these issues to strike a better balance between the needs of the developers and the ability of residents to enjoy their homes. Construction issues were discussed and it was the consensus of the Commission to clarify some of the issues dealing with the differences between permitted and non-permitted jobs, and to proceed with the proposed ordinance. 2. Performance Measures for Golf and Tennis Robert Barcinski, Assistant City Manager, provided information on the revised proposed performance measures for the Municipal Golf Course, Lakeview Golf Course, and the Tennis Facilities for Fiscal Year 2006. During the December 13, 2005 City Commission Meeting, proposed FY 2006 performance measures for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities were presented. The Commission moved to table the item, requesting additional information and research. On the revised proposed performance measures, adjustments had been made that were somewhat less sensitive to impacts such as a hurricane and a bonus point provision which was added for each operation. It was the consensus of the Commission to proceed with the revised proposed performance measures for Fiscal Year 2006, and it was agreed the proposal was well done. 3. Post Hurricane Evaluation of Fire Station #4 Richard Hasko, Environmental Services Director, provided background information on the Non-Destructive Survey and Post Hurricane Analysis. regarding Fire Station #4, performed by Currie Sowards Aguila Architects. The report was an evaluation of the condition of the facility in terms of the damage sustained from Hurricane Wilma, as well as, the overall condition based on the structure's age and adaptability to current needs of the Fire Rescue services supported at that location. Direction was requested regarding what approach needed to be taken in effecting repairs and improvements to the facility. Options included making necessary repairs to the facility to mitigate storm damage, or completely replace the facility and construct a new structure that conforms to current code requirements and provides adequate modern facilities to support the services provided. It was the consensus of the Commission to replace Fire Station #4. 4. Banner Hanging Policy Robert Barcinski, Assistant City Manager, presented background information concerning the City of Delray Beach's Banner Hanging Policy which included Standard Banners, Signature Banners, and Special Event Banners. Discussion ensued regarding issues including costs, and the man-power involved in installation and removal of banners. It was the consensus of the Commission that the banner issues needed more thought before proceeding. Mayor Perlman adjourned the Workshop Meeting at 7:13 p.m. 2 February 14, 2006 City Clerk ArrEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, February 14, 2006, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 3 February 14,2006 RESOLUTION NO. 9-06 ck tP0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT PHILLIPS FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Robert Phillips was hired by the City of Delray Beach on February 19, 1971; and WHEREAS, on February 19, 2006, Robert Phillips reached a milestone in his career, having effectively achieved thirty-five (35) years of continuous, full-time service with the City of Delray Beach; and WHEREAS, during the past thirty-five years Robert has served this community with honor and distinction as a Utility Inspector/Plan Reviewer; and WHEREAS, Robert has been a dedicated and loyal employee, gifted with wisdom, serving as a mentor to his peers, a counselor to his managers, an encourager, and a leader; always exhibiting a positive "can do" attitude; and WHEREAS, we feel especially proud of his work effort and contributions to the City, and recognize the fact that he is known throughout the engineering and construction community for his thorough working knowledge on a variety of subjects; and WHEREAS, the City of Dekay Beach and the Environmental Services Department are honored to have had Robert Phillips as a valued member of the municipal team over the past 35 years, and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Robert Phillips for thirty-five years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Robert Phillips for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opportunities which are sure to come his way. PASSED AND ADOPTED in regular session on this the 21st day of February, 2006. MAYOR ArrEST: CITY CLERK lJ\ JEB BUSH GOVERNOR OF THE STATE OF FLORIDA February 6, 2006 C. Ron Allen Knights of Pythagoras Mentoring Network 3107 SW 20th Terrace Delray Beach, Florida 33445 Dear Mr. Allen: Congratulations on being named Points of Light Award recipient highlighting Black History Month. Many people in our society give of their time and talents, but some are shining examples for all of us. Thank you for being one of these special volunteers. The Governor's Points of Light Award, administered by Volunteer Florida Foundation and sponsored by Royal Caribbean International and Celebrity Cruise Lines, is awarded weekly to a Florida resident or organization demonstrating/exemplary service to the community. Nominations are reviewed by a panel of judges comprised of leaders in the areas of volunteerism and community service. The volunteer time you give to the State of Florida, and especially to your community, enhances the lives of many and sets a fine example of the important contributions each and every citizen of our state can make. In addition to receiving the award certificate, I hope you will join me next fall for the Points of Light Awards reception at my home. You will be sent more information about the event as the time draws nearer. Congratulations and thank you again for your dedication and service to our citizens, our communities and our state. sincere'O..t. b Bush ~~ [iZ^1 ! ~6 Gf-- u~"1 TO: THRU: FROM: SUBJECT: DAY~~' TY MANAGER PAA!JLLDC ORLI~ ' DI TOR OF PLANNING AND ZONING NG' ~1tA , SE R PLANNER ME TING OF FEBRUARY 21, 2006 ***CONSENT AGENDA*** ABANDONMENT OF A PORTION OF AN UNIMPROVED NORTH-SOUTH ALLEYWAY WITHIN BLOCK 2 OF THE PLAT OF SOPHIA FREY SUBDIVISION ADDITION TO DELRAY. The request involves abandoning a 16' x 199.72' rectangular shaped parcel, containing 3,196 square feet (0.073 acre). The parcel represents the northern portion of an unimproved, north-south, "dead- end" alley right-of-way and is associated with a proposed mixed use (townhouse/office and commercial) development named Atlantica. The subject area is located between NE ih Avenue and Northbound Federal Highway, approximately 150' north of George Bush Boulevard. The abandonment request was submitted by Miller Land Planning Consultants on behalf of LMC Development Delray, LLC, the owner/developer of the proposed project. The owner/developer intends to aggregate the northern half of the subject area (once abandoned) with the proposed development and utilize it for parking. On January 25, 2006, the Site Plan Review and Appearance Board granted site plan approval for the Atlantica development. A Final Plat has not been submitted to date; however, it is expected in the near future. The City's Environmental Services Department (ESD) has identified an 8" sanitary sewer line located within the subject area. ESD has no objection to the abandonment request as long as a 12' wide utility easement is provided centered over the existing main. The City's Fire Department, Adelphia Cable, BellSouth and Florida Public Utilities Company (gas) have reviewed the request and have no objection to the abandonment. Florida Power and Light (FP&L) has identified overhead facilities located near the western boundary of the proposed abandonment area, and FP&L has indicated that they do not object to the abandonment as long as an easement is granted for these existing utilities. Since the City and FP&L have identified utilities within the abandonment area, a general utility easement will be retained over the entire abandonment area. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. On October 17, 2005, the item was considered by the Planning and Zoning Board. Chairman Krall opened the public hearing and no one from the public spoke. The Board voted 7-0 to recommend approval, subject to the condition that a General Utility Easement be retained within the abandonment Resolution. All conditions have been satisfactorily addressed. By motion, approve the request for the abandonment of an unimproved north-south alleyway within Block 2 of the plat of Sophia Frey Subdivision Addition to Delray, based upon positive findings with respect to Section 2.4.6(M)(5) of the City's Land Development Regulations. Attachments: Location Map, Abandonment Resolution 11-06, P&Z Staff Report of October 17, 2005 S:\Planning & Zoning\BOARDS\CITY COMMISSION\Alley Abandonment-Block 2, Sophia Frey.doc '6A I / , / I I I II I I II BOND WAY I ITIJ / I I w I > / I <( I N . E. 11 TH AVE. \J I ~ g ISLAND <1: :J; I ) AIR CONDo N . E. 10TH AVE. ) I I I- eD a 9 j18.... ~ If") I f\ ~ ~ J ,~ ---- 8/ ,0 7 .... 'IC N.E. 9TH AVE. ~ 5 6 15 ) w ~/ 0 5 14 > I OJ CD <( ~/ I 4 13 I::::;{ ~ w uj Or 0 z 2/ IV; z J j ( 1 10 ) GEORGE BUSH BOULEVARD r / r I I //\ej !5d w > <:( <( <1:J jE O.C. I ST. "'---- I TA YLOR I- N.E. 7 TH CT. VINCENT'S I If) <D I CHURCH r----- I- W f' W . . z - z ~~ - N.E. 7TH ST. - w ACURA > <( luj OF I ~ I- DELRA Y z ro ,2: l I BEACH w z N - - ABANDONMENT - PORTION OF 16' ALLEWAY, BLOCK 2 OF SOPHIA FREY ADDITION TO DELRAY aTY Of DELRAY BEACH. fL PLANNING" ZONING DEPARTMENT -- DIGITAL BASE AMP SYSTEM -- IAAP REF: LM873 RESOLUTION NO. 11-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A NORTH-SOUTH UNIMPROVED ALLEY RIGHT-OF-WAY LYING BE1WEEN LOTS 4,5,6,7 AND 13,14,15,16, BLOCK 2, SOPHIA FREY ADDITION TO DELRAY, LOCATED BE1WEEN NORTH FEDERAL HIGHWAY (U.S. 1) AND NE 7TH AVENUE, APPROXIMATELY 150' NORTH OF GEORGE BUSH BOULEVARD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE ABANDONMENT AREA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of a north-south unimproved alley right-of-way, lying within Block 2 of Sophia Frey Addition to Delray (plat Book 4, Page 37), as more particularly described in Exhibit "A"; and WHEREAS, said application for abandonment of a public right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4. 6 (M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 17, 2005, and voted 7-0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive fIndings pursuant to LDR Section 2.4.6(M) (5), but does not abandon and retains and reserves unto itself a general utility easement over the entire abandonment area, as more particularly described in Exhibit "A", for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a general utility easement over the entire abandonment area, as more particularly described in Exhibit "A" for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED ill regular seSSlOn on this the _ day of ,2006. MAYOR A TrEST: City Clerk 2 Resolution No. 11-06 EXHIBIT "A" SKETCH & DESCRIPTION 16 FOOT ALLEY SOPHIA FREY ADDITION TO DELRA Y P.S. 4, PG 37, P.S.C.R. LAND DESCRIPTION: All that portion of the 16 foot alley, lying between lots 4,5,6,7 AND 13,14,15,16, Block 2, Sophia Frey Addition to Delray as shown in Plat Book 4, Page 37, recorded in Palm Beach County, Florida, described as follows: East limits being the west line of lots 13,14,15 and 16; West limits being the east line of Lots 4, 5,6 and 7; North limits being easterly extention of north line of said Lot 7 to the northwest corner of Lot 16; and south limits being easterly extention of south line of said Lot 4 to the southwest corner of Lot 13. Said lands situate in the City of Delray Beach, Palm Beach County, Florida. NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: L.B.= Licensed Business; PG.= Page; P.L.S.= Professional Land Surveyor; P.B.C.R.= Palm Beach County Records; P.8.= Plat Book; PG.= Page. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Min!mum Technical Standards set forth in Chapter 61 G17- 6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: 3/!;~- JOHN T. DOOGf'.N, P.L.S. Florida Registration No. 4409 A V1ROM & ASSOCIATES, iNC. L.B. No. 3300 NOT VALID WITHOUT SHEET 2 REVISIONS REVISE 9/6/05 A VIROM & ASSOCIA TES, INC. SURVEYING & MAPPING 50 S.W. 2ND A VENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (58'8 382-2584. FAX (581) 384-7125 @2005 A'\IIROM Ie ASSOCIATES. 1Ne. ALL RIGHTS RESERVED. JOB NO.7721-1 SCALE: 1" = 30' DATE: 03 14 05 DRAWN BY: N. t. SHEET: 1 OF: 2 SKETCH & DESCRIPTION 16 FOOT ALLEY SOPHIA FREY ADDITION TO DELRA Y P.S. 4, PG 37, P.S.C.R. EASTERLY EXTENTION OF LOT 8, BLOCK 2 NORTH LINE OF LOT 7, BLOCK 2 ~ ,,-.... .... I"'"' (/)1- ::>:5 '-' 0- -..- >-W ~~ :I:w e,,> -<( :I: I -,I- <X o::(f) LaJ . C~ LaJZ La- LOT 7, BLOCK 2 '\, LOT 6, BLOCK 2 LOT 5, BLOCK 2 LOT 4, BLOCK 2 LOT 3, BLOCK 2 NOT VAUD WITHOUT SHEET 1 EASTERLY EXTENTION OF SOUTH LINE OF LOT 4, BLOCK 2 REVISIONS REVISE 9/6/05 EXHIBIT "A" NW CORNER OF LOT 16, BLOCK 2 LOT 17, BLOCK 2 16.00' I'- 0 z CD <( LaJ CD 0 LOT 16, ::> z BLOCK 2 L{) <( Z v" L{) ~ (f) r I- w ..f < 0 ...J -.-J ...J 1'0 LL <( F 0 .. (f) U) I- Z W ~ 0 ~ Z -.-J -.-J LOT 15, LL LaJ I- 0 (f) BLOCK 2 (/) <( w w Z . -.-J LaJ 1-. . N (f)N Z ..... w..... m 3: . m m m ..- ..- LOT 14, BLOCK 2 LOT 13, BLOCK 2 SW CORNER OF LOT 13, BLOCK 2 LOT 12. BLOCK 2 A VIR OM & ASSOCIATES. INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL (581) 382-2584. FAX (581) 384-7125 @2005 AVlROM ok ASSOCIATES, 1Ne. ALL RIGHTS RESERVED. JOB NO.7721-1 SCALE: 1" = 30' DATE: 03/14/05 DRAWN BY: N. I. SHEET: 2 OF: 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 17, 2005 IV.H. Abandonment of a 16' Wide by 199' Long Portion of a North-South Alleyway Lying Within Block 2, Sophia Frey Subdivision Addition to Delray, Located 150' North of George Bush Boulevard, Between NE ih Avenue and Northbound Federal Highway (US 1). ___r . - -~_.,. --_.-- -.- -- - -~ --.' ; '~I r I ~ \ I I \ 'r" jlSLAND I I ! N.L 10TH AVE. Jo:<. ;;; AIR McKEE LN. / / CONDo =~ ~[[I l ) w / I r > 4: Iff t ~ 9 I &18 4: I I~ - )t') ~r Cl 7 ,~ 'Ie I .-J ~ Z I- N.E. 9TH AVE. :::::JI :::::l 6 15 I OJ <( .' ) C?/ 0 5 14 W I- cr: > aJ I- llJ CD <( f iuj1;/ ~ 4 13 - w - z I ~ 10 fir/ 0 w .-J 4: -}2: ( Z 1 10 z n.. N '--- - ) GEORGE BUSH BOULEVARD r I I 1 I I I I I I I \ II I MARINA ------~ -'. GENERAL DATA: Owner................. ................. General Public Agent........... ..... .............. Miller Land Planning Consultants c/o Bradley Miller Applicant.............................. LMC Development Delray, LLC Location............................... 16' Alley adjacent to Lots 13-16 And Lots 4-7, Block 2 of Sophia Frey Subdivision Addition to Delray, Plat Book 4, Page 37. Property Size........................ 0.073 Acre Existing FLUM Designation.. GC (General Commercial) & MD (Medium Density, 5-12 du/ac) Current Zoning..................... GC (General Commercial) & RM (Medium Density Residential) Adjacent Zonings........North: GC (General Commercial) East: RM South: GC West: GC Existing Land Use................ Unimproved right-of-way. Proposed Land Use............. Aggregation into adjacent lots to be used for parking for a proposed mixed-use development named Atlantica. Water Service...................... n/a with this request. Sewer Service...................... n/a with this request. IV.H. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a 16' x 199.72' portion of an unimproved north-south alley right-of- way within Block 2 of the plat of Sophia Frey Subdivision Addition to Delray (Plat Book 4, Page 37). The abandonment is associated with a proposed mixed use (townhouse/office and commercial) development to be named Atlantica. The alleyway is located approximately 150' north of George Bush Boulevard, between NE yth Avenue and Northbound Federal Highway (US 1). This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights-of-Way. The entire 16' north-south alleyway was dedicated with the recordation of the plat of Sophia Frey Subdivision Addition to Delray in March of 1926. This "dead-end" alleyway was originally platted to be 474.21 feet long by 16' wide. On July 13, 1982, the northern portion (99.84') of this alleyway, adjacent to Lots 8, 9, 17 and 18, was abandoned by City Resolution 59-82. The proposed mixed used development, Atlantica, consists of Lots 6, 7, 13-16 and the north half of Lot 12, Block 2 of Sophia Frey and is divided by a portion of this 16' north-south alleyway. The portion of the property, west of the alley (lots 6 and 7), contains a one-story, C.B.S. residence. The property, east of the alley (Lots 13-16 & the north half of Lot 12), contains vacant land and another one-story C.B.S. residence with pool. An application was submitted for a Class V Site Plan, Landscape Plan and Architectural Elevations for the proposed development. Due to the nature of the technical comments generated through the review process and several application deficiencies, the project has not yet been scheduled to be considered by the Site Plan Review and Appearance Board (SPRAB). The portion of alleyway proposed for abandonment is a 16' x 199.72' rectangular shaped parcel containing approximately 3,196 square feet (0.073 acre). The abandonment area represents a portion of an unimproved north-south alleyway within Block 2 of the Sophia Frey Subdivision. The abandonment request was submitted by Miller Land Planning Consultants on behalf of LMC Development Delray, LLC, the owner/developer of the proposed project. The owner/developer intends to aggregate the northern half of the subject area (once abandoned) with the proposed development and utilize it for parking. The southern half will be divided evenly and returned to adjacent property owners. Pursuant to LOR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; Planning and Zoning Board Staff Report Atlantica Alley Abandonment Page 2 property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. The entire north-south alley right-of-way was dedicated from the plat of Sophia Frey Subdivision. The proposed abandonment area represents the northern 199.72' portion of the remaining 374.37' long alleyway. By abandoning this area, the alleyway will be divided at the center line and the property will be returned equally to all abutting lots (Lots 13-16 and Lots 4-7, Block 2). The southern 149.73" portion of the alleyway is currently being utilized for secondary access by two lot owners south of the proposed abandonment area (Grzybowski Pools and Beachway Motel); therefore, it is not included as part of the abandonment request. Utilitv Services The City's Fire Department reviewed the request and has no objection to the abandonment. The City's Environmental Services Department (ESD) located an 8" sanitary sewer main within the abandonment area. ESD stated that a sewer easement must be retained. Florida Power and Light (FP&L) has identified overhead facilities located near the western boundary of the proposed abandonment area, and FP&L has indicated that they do not object to the abandonment as long as an easement is granted for these existing utilities. Florida Public Utilities Company (gas) does not have any underground facilities within the abandonment area at this time, and therefore, does not object to the abandonment request. BellSouth and Adelphia Cable have not responded to this request at the time this report was written. Since the City and FP&L have identified utilities within the abandonment area, a general utility easement will be retained over the entire abandonment area; therefore, if BellSouth and Adelphia Cable do have facilities within the alleyway, they will be covered by this general utility easement. This will be a condition of approval. Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The 16' x 199.72' portion of alleyway proposed for abandonment is currently unimproved and is not being utilized for any means of access. The alleyway has been a "dead-end" alleyway since its dedication, and as previously mentioned, the northern portion of this alleyway has already been abandoned. The City has no plans to utilize this portion of alleyway for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels have primary access from NE 7th Avenue or Northbound Federal Highway. As mentioned earlier in this report, the southern 149.73' of the alley right-of-way will remain due to its utilization by Grzybowski Pools and Beachway Motel for secondary access. Planning and Zoning Board Staff Report Atlantica Alley Abandonment Page 3 C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. An 8" Sanitary Sewer main is located within the abandonment area as well as overhead electric identified by Florida Power & Light. The existing utilities will be accommodated through the reservation of a general utility easement so that the provision of utility services to adjacent properties or the general area will not be affected. The development proposal is within the geographical area requIring review by the CRA (Community Redevelopment Agency. The proposed abandonment is not within the geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). - Community Redevelopment Aaency The CRA reviewed this abandonment request at its meeting of October 5, 2005 and recommended "Approval" (7-0). Courtesy Notices: Courtesy notices have been provided to the following groups: .. PROD - Progressive Residents of Delray .. Presidents Council .. La Hacienda Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. As previously mentioned, the abandonment area is unimproved and is not being utilized for any means of access and is a "dead-end" alleyway. In addition, the northern portion of this alleyway was abandoned previously in 1982. The subject area is not needed, nor will it be needed, for any public purpose and the City has no immediate future plans to improve this alleyway. Access will not be prevented to any lot of record and all current utilities and future needs will be accommodated with the reservation of a general utility easement. 1. Continue with direction. 2. Move approval of the request for the abandonment of a 16' unimproved north-south alley right-of-way, lying between lots 4, 5, 6, 7 AND 13, 14, 15, 16, Block 2, Sophia Frey Subdivision Addition to Delray (Plat Book 4, Page 37), by adopting the findings of fact and Planning and Zoning Board Staff Report Atlantica Alley Abandonment Page 4 law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations, subject to conditions. 3. Move denial of the request for abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. By motion, recommend to the City Commission approval of the abandonment of a 16' unimproved north-south alley right-of-way, lying between lots 4, 5, 6, 7 AND 13, 14, 15, 16, Block 2, Sophia Frey Subdivision Addition to Delray (Plat Book 4, Page 37), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations, subject to the following conditions: 1. That the Resolution abandoning the subject area includes language which establishes a general utility easement over the entjre abandonment area; and 2. That the Abandonment will not be forwarded to City Commission for final action until the proposed development receives site plan approval from the Site Plan Review and Appearance Board. Attachments: Location Map Survey of Abandonment Area Reduced Site Survey S:\Planning & Zoning\BOARDS\P&Z BOARD\Atlantica Alley Abandonment.doc MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER tP1. AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 21,2006 RESOLUTION NO. 12-06 SUBJECT: DATE: February 17,2006 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 614 NW 2nd Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 12-06. Department on Caroline S/City Clerk/Lien Process! AgmemosjWilliams Emerg Boardup Res No 12-06.doc RESOLUTION NO. 12-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH; SETfING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, . WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifesdy unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of TWO THOUSAND EIGHT HUNDRED EIGHTY-TWO AND 50/100 DOLLARS ($2.882.50) as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.21 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said 2 Res. No. 12-06 property(s), and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this , 2006. day of MAYOR A TrEST: City Clerk 3 Res. No. 12-06 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT CERTIFIED MAIL 70993400001637895120 DATE: TO: MAILING ADDRESS: JOSEPH WILLIAMS PROPERTY ADDRESS: 4041 RIDGE AVENUE PHILADELPIDA, PA 19129 614 NW 2ND STREET LEGAL DESCRIPTION: TOWN OF DELRA Y N 135 FT OF E 50 FT OF W 150 Ff OF BLOCK 11, ACCORDING TO PLAT BOOK 14999, PAGE 1520 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $2.882.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 2006 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on December 28, 2005, at a cost of 4 Res. No. 12-06 $2.475.00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 12-06 cl< "~ [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 'H,I \\\ 1,1 \VI \1 I, 1 RAY BEACH, FLORIDA 33444 i ,1I'1I()'\!)lJ!: "'II . f-,-\CS[MILE: 56 [/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH f LOR I D A Da.I'.III All-America City , III I! ~;~E: 1993 2001 MEMORANDUM February 8, 2006 City Commission David T. Harden, City Manager rtJJ FROM: Terrill Barton, Assistant City Attorney SUBJECT: First Amendment and Extension to the South Florida Urban Search and Rescue Task Force Memorandum of Aqreement Attached please find the First Amendment and Extension to the Memorandum of Agreement for the City's continued participation in the South Florida Urban Search and Rescue Task Force. This amendment is merely extending our agreement with the City of Miami to provide Battalion Chief Russ Accardi to the Rescue Task Force beyond 12/31/05 up until a new agreement is developed and signed by FEMA, the State of Florida and the City of Miami or until either party terminates the agreement with thirty (30) days notice. TCB:smk Attachment cc: Chevelle Nubin, City Clerk Kerry Koen, Fire Chief Russ Accardi, Battalion Chief ~C'- FIRST AMENDMENT AND EXTENSION TO MEMORANDUM OF AGREEMENT FOR P ARTICIP ATING AGENCIES This First Amendment and Extension Agreement is entered into this _ day of , 200Q, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "Sponsoring Agency"), and the City of Delray Beach, on behalf of its Fire Rescue Department (hereinafter referred to as the "Participating Agency"). RECITALS: WHEREAS, the Sponsoring Agency and the Participating Agency, have entered into an Agreement dated February 24th. 2003, setting forth the agency's responsibilities in connection with the development and support of a local Urban Search and Rescue Task Force and coordinated by the City of Miami Department of Fire-Rescue, with all costs to be reimbursed by State and Federal funding sources; and WHEREAS, the original term of Agreement will end on December 31, 2005, at which time the parties may agree to renew the association; and WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA; and WHEREAS, the amendments of the Agreement may be modified or amended only with the written agreement of each of the parties; and WHEREAS, the parties at this time desire to amend and extend the performance period of the Agreement until such time as a new Memorandum of Agreement is developed by FEMA and signed by the Federal Emergency Management Agency (FEMA), the State of Florida, and the City of Miami (the "Sponsoring Organization"), or until terminated by any party upon 30 days of written notice. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained in this agreement, the Sponsoring Agency and Participating Agency hereby agree to amend the Agreement as follows: Section "VIII. CONDITIONS. AMENDMENTS. AND TERMINA nON" Paragraph G is deleted in its entirety and amended to read: G. This agreement shall be in force until such time as a new Memorandum of Agreement is developed by FEMA and signed by FEMA, the State, and the sponsoring organization, or until terminated by any party upon 30 days of written notice. Page 1 of2 Except as specifically provided herein, all of the terms and conditions of the Agreement, shall remain in force and effect throughout the extended term of the Agreement. IN WIlNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized. ATTEST: SPONSORING AGENCY THE CITY OF MIAMI, a municipal corporation of the State of Florida Priscilla A. Thompson City Clerk By: Joe Arriola City Manager ATTEST: P ARTICIP ATING AGENCY CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida By: Jeff Perlman Mayor Name: City Clerk APPROVED AS TO FORM AND CORREClNESS: APPROVED AS TO INSURANCE REQUIREMENTS: Jorge L. Fernandez, City Attorney Dania Carrillo, Administrator Risk Management Division APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE PARTICIPATING AGENCY ATTORNEY'S OFFICE Name: Page 2 of2 oj( ~ RESOLUTION NO. 8-06 A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING JOHN J. FLETCHER, JR. FOR THIRlY YEARS OF DEDICATED SERVICE TO THE CIlY OF DELRA Y BEACH. WHEREAS, John J. Fletcher, Jr. was hired by the City of Delray Beach as a Fire Fighter on February 9, 1976; and WHEREAS, on February 9,2006 John J. Fletcher, Jr. reached a milestone in his career, having effectively achieved thirty (30) years of continuous, full-time service with Delray Beach Fire-Rescue; and WHEREAS, during the past thirty years John has served this community with honor and distinction as both a Fire Fighter and Paramedic; and WHEREAS, John J. Fletcher, Jr. has served the community in many other ways including charity fund raising, special events, and civic endeavors; and WHEREAS, John's wannth, kindness, and compassion are well known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellow man; and WHEREAS, the City of Delray Beach and the Fire-Rescue Department are honored to have had John J. Fletcher, Jr. as a valued member of the municipal team over the past 30 years and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends John J. Fletcher, Jr. for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to John J. Fletcher, Jr. for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opportunities which are sure to come his way. PASSED AND ADOPTED in regular session on this the 21"t day of February 2006. MAYOR AlTEST: CITY CLERK <6~ [ITY DF DELRAY IER[H DELRAY BEACH 100 NW, 1st AVENUE DELRAY BEACH. FLORIDA 33444 r l () R I l) A Dad AII.America City , 1111,; MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: /?!JYRobert A. Barcinski Assistant City Manager DATE: February 10, 2006 SUBJECT: A2:enda Item City Commission Meetin2: February 21. 2006 Ratification - Board Appointments Old School Square ACTION City Commission is requested to ratify the Board of Director appointments to Old School Square per paragraph 2(a) of the Management Agreement dated August 7, 1990. BACKGROUND Per the conditions set forth in the Management Agreement between the City and Old School Square, City Commission ratifies the appointments to the Board of Directors. Appointments to the Board are made by Old School Square. A list of the appointees for 2006 is attached. RECOMMENDATION Staff recommends ratification of the list of appointees to the Old School Square Board of Directors. RAB/tas File:u: sweeney/agenda Doc: board appointments oss 2006 @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS DX 'oh1 t 561/243-7000 ~E 02/10/2006 16:15 FAX 561 243 7018 OLD SCHOOL SQUARE 141 001 :Z006 Old School Sauare Board of Directors New Board Members . Bill Branning- Starting 1 &t year of first term . Doak Campbell- Starting 1 st year of first term . Joe Gray- Starting 1 st year offirst term . * Stacey Hallberg- Starting 1 It year of first term . '" Susan Isreal- Starting 1 st year of first term . Heather Leck- Starting 151: year of first term . Jacinta Mathis- Starting 1 &t year of first term . Joe Moore- Starting 1:st year of first teml . Rick Mouw- Starting 1 st year of first term "'New Board members replacing resigned members Continuing First 3- Year Term . Cary Glickstein- 20d year of first term . Jan Kucera- 2nd year of first term . 10hn McKenna- 20d year of first term . David Schmidt- 20d year of first term . Joe Silk- 2nd year of first term . Brian Cheslack- 3m year of first term . ail Forbes- 3rd year of first term Continuin~ Second 3- Y ear Term . George Elmore- 1 st year of second term . Leon Weekes- 1 It year of second term . Shelly Weil- 1st year of second term . Virginia Courtenay- 2nd year of second term . Kevin Hammer. 2nd year of second term . Tony Newbold- 2nd year of second term . Jay Alperin- 3rd year of second term Officers 2006 · Jay Alperin- President · Brian Cheslack- Vice President · John McKenna- Treasurer · Stacey Hallberg- Secretary OJ( ~ I MYDELRA YBEACH COM City of Delray Beach Administrative Services Memorandum SUBJECT: David T. Harden, City Manager ~bert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting February 21,2006 Ratification Sister Cities Committee Board of Directors 2006 TO: FROM: DATE: February 13, 2006 Action: City Commission is requested to ratify the slate for the Board of Directors for the Sister Cities Committee for calendar year 2006 as attached. Backllround: At their annual meeting held on January 26, 2006, the membership of the Sister Cities Committee unanimously approved the proposed slate of Directors for calendar year 2006. Per their By-laws there may be up to twenty-one (21) Directors. The slate presented included seventeen (17) appointees, six (6) at-large, five (5) for the Moshi Committee, and six (6) for the Miyazu Committee. Recommendation: Staff recommends ratification of the proposed slate of Directors for the Sister Cities Committee for 2006 as per the attached. RAB/tas Attachment File:u:sweeney/agenda Doc: Sister Cities Board of Directors 2006 ~~ DELRA Y BEACH SISTER CITIES Established 1977 Board of Directors The organization is incorporated as a non-profit association and is governed by a Board of Directors. The organization has subcommittees for each of its affiliate sister cities and for a youth subcommittee. The affiliate sister cites to date are Miyazu, Japan since 1977 and Moshi, Tanzania, East Africa since 2000. For the year of 2006, the Nominating committee of Delray Beach Sister Cities presents the following slates for the Board of Directors: I) Nominations for reappointment/appointment to the Board of Directors for year 2006 CHARLOTTE G. DURANTE (T) LOURDES ENGROFF (AL) DAISY FULTON (T) CHARLES HARDIMAN (1) BETH JOHNSTON (AL) NANCY KING (AL) NGOZI MENSAH (T) CHIEKO MIHORI (J) JAMES MIHORI (J) CLOVIS MOODIE (T) PEGGY MURPHY (AL) n'DETENGA n'GURUMO (T) REIKO NISHIOKA (J) MORTON NOBLE (J) REBECCA O'CONNOR (AL) DAVID SCHMIDT (AL) WILLIAM WILSHER (1) (AL) - At Large, (1) - Miyazu, Japan, (T) - Moshi, Tanzania 2) Nominations for Officers of the Board of Directors for Year 2006 DAVID SCHMIDT, President NGOZI MENSAH, Vice-President WILLIAM WILSHER, Secretary REBECCA O'CONNOR, Treasurer MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGE~ ; AGENDA ITEM # ~ ~ - REGULAR MEETING OF FEBRUARY 21.2006 CONTRACT CANCELLATION/FIRST GENESIS LAWN SERVICES. INC. TO: FROM: DATE: FEBRUARY 17, 2006 This is before the Commission to authorize the cancellation of the contract with First Genesis Lawn Services, Inc. for landscape maintenance of Atlantic Avenue (west of the CSX Railroad to Military Trail) and authorize staff to re-bid this project. The City Manager approved Bid Award #2005-16 to First Genesis Lawn Services, Inc. for landscape maintenance of Atlantic Avenue (west of the CSX Railroad to Military Trail) for the term of July 6, 2005 through July 5, 2006. On January 26, 2006, the Purchasing Manager received a thirty (30) day notice from First Genesis Lawn Services, Inc. stating that they can no longer perform lawn maintenance services for the CSX Railroad project, due to a conflict and irreconcilable differences with the Parks Maintenance Department. As a result, their contract expires on February 26, 2006. The Parks and Recreation Department recommends that the City withdraw from this contract due to the vendor's failure to perform duties as per contract. See attached memo dated February 6, 2006. Recommend cancellation of the contract with First Genesis Lawn Services, Inc. for landscape maintenance of Atlantic Avenue (west of the CSX Railroad to Military Trail) and authorize staff to re- bid this project. S:\City Clerkagenda memos\Contract Cancel 1" Genesis 022106 MEMORANDUM ~ TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager ~ THROUGH: Joseph Saffor~nance Director DATE: February 15,2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 21,2006 - CANCELLATION OF CONTRACT WITH FIRST GENESIS LAWN SERVICE INC. BID #2005-16 - LANDSCAPE MAINTENACE ATLANTIC AVENUE (WEST OF CSX RR TO MILITARY TRAIL) Item Before Commission: City Commission is requested to cancel contract award (Bid #2005-16) to First Genesis Lawn Services Inc. for Landscape Maintenance of Atlantic Avenue (West of CSX RR to Military Trail) and authorization approval to re-bid this project. Background: City Manager approved award of Bid #2005-16 to First Gensis Lawn Services Inc. for Landscape Maintenance of Atlantic Avenue (West of CSX RR to Military Trail) for the term of July 06, 2005 through July 05, 2006. First Genesis Lawn Services Inc., on January 26, 2006, notified Purchasing via mail informing the City that they were giving a thirty (30) day notice that they can no longer perform lawn maintenance services for the CSX Rail Road project, due to conflict of irreconcilable differences with the Parks Maintenance Department. Therefore, their contract would expire February 26, 2006. A copy of their letter is attached for your reVIew. Parks and Recreation Department recommends the City's withdrawal from this contract due to vendor's failure to perform duties per contract. See attached memo dated February 06, 2006 from Park Maintenance Superintendent and approved by Director of Parks and Recreation. Recommendation: Staff recommends the cancellation of the contract with First Genesis Lawn Service Inc. for Landscape Maintenance of Atlantic Avenue (West of CSX Railroad to Military Trail) and approval for authorization for staff to re-bid this project. Attachments: Memo from Parks & Recreation [IT' DF DELIA' IEA[H DELRA Y BEACH r LOR I D A tdb:II ififr 1993 100 NeW. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 TO: Jacklyn Rooney, rchasing Supervisor THROUGH: irector of Parks and Recreation FRO~ Tim Simmons, Park Maintenance Superintendent DATE: 2/6/06 SUBJECT: First Genesis Lawn Service Inc. Bid # 2005-16 This letter is in response to the letter written by Mack McClendon dated 1/26/06. He stated in his letter notifying us that he wants to end his contract with the city due to a difference that he has had with me verifying a bill he submitted for work performed after hurricane Wilma. He submitted a bill for 236 man hours of work when I could only verify 18 hours of work. He was instructed on how to perform this work and that a site monitor had to be with him at all times he was doing this work. He was also instructed to dump his loads at Miller Park. I agree we should accept his withdrawal from the contract. He has failed to perform to the standards set forth in the contract. * Printed on Recycled Papsr THE EFFORT ALWAYS MATTERS 1/2006 09:10 FAX 5612437166 CITY OF DELRAV BEACH CITY OF DELRA Y BEACH ... ... ..... ................... ... ......._.. ........... ....... I.' ........ " ........ II.. ..... II' .... ............._.... ......................._.. t'id . \\ ." I, 'I f \ t \ !:~ ~.~t '.) I~J.. \ r . L, :..~ ,Il:!,,~' ~ ,.::" ,_'; l "l.; ;-.:.l--lI'll' Jau.al)' 20, 1006 RECEIV~n JAI 3 .0 ZOOS ~' . '. ....... ~.. . ,"U J. PURCHASING DEPARTMENT R'E: CSX RATLROJ\.D BID t# 105-.6' P.o. # 631799 To Who.. It May Co..~: I, MACK M&:CIeadoa, are writiJIg to Inrorm you or this my thirty (30) day notice that my company Fint Cenesis Lawn Service Ioe. caD DO 10Jlger provide Jawn DUlllIlteDaJlee HJ'VIees for the CSX lbIilroad projed, dlle to the refual of payment ror serviees rendered per Hurricane Clean-lip aDd anreeondlable diff'erenas between my company nd Parks Director Tim Simmons. SlIleerely, ~~~ ~ 002/002 ,. AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: February 21, 2006 Date: February 15, 2006 1L Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval of cancellation of contract with First Genesis Lawn Service Inc. for Landscape Maintenance of Atlantic Avenue (West of CSX Railroad to Military) and authorization for staff to re-bid this contract. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Cancel contract award with First Genesis Lawn Services Inc. for Landscape Maintenance of Atlantic Avenue (West of CSX Railroad to Military) and authorization for staff to re-bid this contract. ( \. >_ c::::::::--.. t\ Department Head Signature: :=d. ~ ~ " "- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes -~J Pt No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda8 t1f-1 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~1 AGENDA ITEM #~" - REGULAR MEETING OF FEBRUARY 21.2006 AGREEMENT /PALM BEACH COUNTY/MILLER PARK TO: FROM: DATE: FEBRUARY 17, 2006 1bis is before the Commission to approve and accept a Palm Beach County Recreation Assistance Program Funding Agreement between the City and Palm Beach County in the amount of $10,000.00 for construction of the Miracle Field at Miller Park. Palm Beach County has agreed to fund $10,000.00 to help offset the cost of construction of the Miracle Field at Miller Park. The County's reimbursement period is from May 1,2006 to March 31, 2007. Recommend approval and acceptance of a Palm Beach County Recreation Assistance Program Funding Agreement in the amount of $10,000.00 for construction of the Miracle Field at Miller Park. S:\City Clerk\agenda memos\CM PBC Funding Agmt Miller Park 022106 [ITY DF DELAAY BEA[H DELRAY BEACH F LOR IDA 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 D.e.d All-America City , , III! MEMORANDUM 1993 2001 TO: Carolanne Kucmerowski Agenda Coordinator FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Palm Beach County Recreation Assistance Program Funding Agreement for Miracle Field at Miller Park DATE: February 14, 2006 Attached please find an agreement between Palm.Beach County and the City of Delray Beach to fund $10,000 to help offset costs for the construction of the Miracle League field at Miller Park. The City Attorney's office has reviewed this agreement and approved it as to legal sufficiency. Please place this on the February 21, 2006 agenda for City Commission consideration. ~~ Parks and Recreation Attachment cc~avid Harden, City Manager Ref:ckmiracle @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS [ITY DF DEL E [ CITY ATTORNEY'S OFFIC :200 NW ht AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: 56l!243-7090 . FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH f l 0 It I 0 ^ Dad All-America City , , III! ~:~E: 1993 2001 MEMORANDUM February 3, 2006 FROM: Joseph Weldon, Director of Parks and Recreation Terrill Barton, Assistant City Attorney ~ Palm Beach County Recreation Assistance Program Funding Aqreement for Miracle Field at Miller Park SUBJECT: I have reviewed the attached agreement for legal sufficiency and form and the agreement meets with my approval. Thanks. TCB:smk Attachment BE CE \E..l-) ~,- ;':,.1 d," " .1"'1: .....1./... ... ZGuu Department of Parks and Recreation 2700 6th Avenue South Lake Worth. FL 33461 (561) 966-6600 FAX: (561) 963-6747 www.pbcgov.com . Palm Beach County Board of County Commissioners Tony Masilotti, Chairman Addie L. Greene. Vice Chairperson Karen T Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper January 24, 2006 Mr. Joe Weldon City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY DISTRICT 1 RECREATION ASSISTANCE PROGRAM FUNDING AGREEMENT FOR MIRACLE FIELD AT MILLER PARK Dear Mr. Weldon: Attached for execution on behalf of the City of Delray Beach is an Agreement in an amount up to $10,000 to help offset costs for construction of the Miracle Field at Miller Park. This funding is from the Recreation Assistance Program (RAP) District 4. The Project reimbursement period is from May 1, 2006, to March 31, 2007, and all expenses to be reimbursed must be incurred within that time frame. Expenses eligible for reimbursement include construction costs, survey costs, and equipment (bats, balls, helmets, etc.) Please obtain signature of this Agreement on behalf of the City of Delray Beach and return both originals to me for placement on the agenda for approval by the Board of County Commissioners. Leave Exhibit "B" blank at this time. If you have any questions on the Agreement, you may contact Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we are pleased to assist Delray Beach with costs for the construction of the Miracle Field at Miller Park. ~~~ Dennis L. Eshleman, Director Parks and Recreation Department ,I: .t. {.'~, I~, .:i .. ~:~2 -[~~.: " J/\ F1 .~J {) :2(\06 DLE:SWY Attachments - Two RAP Agreements for Execution Copy to: Commissioner Mary McCarty, District 4 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR CONSTRUCTION OF THE MIRACLE FIELD AT MILLER PARK THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "Delray Beach", WIT N E SSE T H: WHEREAS, Delray Beach desires to construct a baseball field that will serve special needs children, to be called the Miracle Field; and WHEREAS, the Miracle Field playing surface is made of synthetic materials, with a flat field and the diamond painted on to eliminate any raised surfaces that would hinder children who use wheelchairs, walkers or have other disabilities; and WHEREAS, the Miracle Field is anticipated to serve approximately 200-300 players; and WHEREAS, the total cost of the Miracle Field is anticipated to be between $500,000 and $600,000 for construction costs, survey costs, and equipment (bats, balls, helmets, etc.); and WHEREAS, Delray Beach has requested that County provide $1 0,000 to assist with costs for the Miracle Field; and WHEREAS, County desires to provide funding to Delray Beach for the Miracle Field; and WHEREAS, funding for said Miracle Field in an amount not to exceed $10,000 is available from the Recreation Assistance Program (RAP) - District 4; and WHEREAS, recreational facilities for children with special needs serve a public benefit; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $10,000 to Delray Beach to assist with funding for the Miracle Field to include construction costs, survey costs, and equipment (bats, balls, helmets, etc,), as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the .Project", 1 2. County will use its best efforts to provide said funds to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Delray Beach. Said information shall list each invoice paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach along with the number and date of the respective check or proof of payment for said payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as indicated. 3. RAP funds may be used as a match for other local, state, or federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 4. Delray Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 5. Delray Beach shall be responsible for all costs of operation and maintenance of the Project. 6. The term of this Agreement shall be for fifteen (15) years, commencing upon the date of execution by the parties hereto. 7. The parties agree that, in the event Delray Beach is ifl default of its obligations under this Agreement, the County shall provide Delray Beach thirty (30) days written notice 2 to cure the default. In the event Delray Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Delray Beach for the Project deemed to be in default and Delray Beach shall return any County RAP funds already collected by Delray Beach for that Project. 8. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 7 above. 9. Delray Beach shall complete the Project and shall provide its final reimbursement request(s) and final accounting data to County for the completed project on or before March 31,2007. Upon written notification to County at least ninety (90) days prior to that date Delray Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Delray Beach's request for said extension. 10. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of this Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Delray Beach. The determination that Delray Beach has ceased or suspended the Project shall be made by County and Delray Beach agrees to be bound by County's determination. 11. Delray Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Delray Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 12. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A", 13, It is understood and agreed that Delray Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of 3 County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Delray Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the period prior to the Agreement for which Delray Beach is eligible to receive reimbursement from the County. 14. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Delray Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Delray Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Delray Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Delray Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. Prior to execution of this Agreement by the County, Delray Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. 4 Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. 15. Upon request by County, Delray Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 16. Delray Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 17. The County and Delray Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 18. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 19. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 20. This Agreement represents the entire agreement between the parties and supercedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. This Agreement may be modified and amended only by written instrument executed by the parties hereto. 21. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 5 As to Delray Beach: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FI33444 22. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Tony Masilotti, Chairman ATTEST: CITY OF DELRAY BEACH By: City By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: By: County Attorney Dennis L. Eshleman, Director Parks and Recreation Department 6 Recreation Assistance Program (RAP) Exhibit" A" to Agreement BACKGROUND INFORMATION Name of Municipality: City of Delray Beach Mailing Address: 100 N. W. 1 s t Avenue Delray Beach. FL 33444 Name of Mayor: Jeff Perlman Name of Town Administrator: City Manager David Harden ProjecVProgram Liaison Information: Name: Joe Weldon Telephone #: (561) 243-7251 Fax #: (561) 243-7268 e-mail: weldon@cLdelray-beach.f1.us PROJECT/PROGRAM INFORMATION 1. Name of projecVprogram: Construction of Miracle Field at Miller Park 2. ProjecVprogram Description . General (Project Scope): Construct a baseball field that will serve special needs children. The playing surface is made of synthetic materials. The field is flat and the diamond is painted on to eliminate any raised surfaces that would hinder children who use wheelchairs, walkers or have other disabilities. . Public Purpose: Special needs baseball field for children with disabilities . Location: Miller Park 1905 S.W. 4th Avenue Delray Beach, FL 33444 . Anticipated Number of Participants/Users: approximately 200 - 300 players EXHIBIT A Page 1 of 2 3. Project/Program Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project/Program expenses". Do not include expenditure line item budqet/ amounts. Construction costs Survey costs Equipment (bats, balls, helmets, etc.) 4. Estimated Lump Sum Total for Project/Program $500,000 - $700,000 5. Project/Program Initiation date (date of first invoice for which reimbursement will be requested) and anticipated End date (date which project/program will be completed and all invoices paid). Mav 1. 2006 to March 31. 2007 month/day/year month/day/year (Note: Invoices and copies of proof of payment documents will be required for Project/Program reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation until after the Aqreement is approved. Please note that all invoices and checks must be dated within the project/program time frame as noted above AND Categories for Project/Program Elements must be listed in Section 3 in order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of Insurance 7. Additional Comments if desired: Amount of Recreation Assistance Program Funding awarded $ 10.0000 District 4 (filled in by County) Form available online by request. Contact Susan Yinger at svlnoer@obcaov.com EXHIBIT A Page 2 of 2 PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT B CONTRACT PAYMENT REQUEST Date Grantee Project Name: Submission #: Reimbursement Period: Item ~ Project Costs This Submission Cumulative Project Costs Contractual Services (e) Salary & Wages (% of salaries) (5) Materials, Supplies, Direct Purchases (M) Equipment (E) Travel (T) Indirect Costs (I) TOTAL PROJECT COSTS Kev Leaend f'c..;c;:;;:;iiiidu.iii.s.eiVices...._m........m..m_......m..m......m.m........] ! S " Salary & Wages ! j M " Materials, Supplies, Direct Purchases ! i E " Equipment j T = Travel i I "Indirect Costs i :..................................................................................................................................i Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Certification: I hereby certify that the documentation has been maintained as required to support the project expenses reported above and is available for audit upon request. Administrator Date Financial Officer Date psc USE ONLY County Funds Due this Billing $ $ $ $ $ $ County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage (_ %) County Funds Previously Disbursed Reviewed and Approved By: PBC Project Administrator Date Department Director Date G:\5YINGER\FORMS\3 Pg - Exhibit B.xls Page 1 of III I:: III B W ..I ;:) !zffi w:Z: ::EO ~lI) O::W ~~~ zW:Z: ;:)QO ozO:: 00;:) _0. :Z:!;i:lI) OuJW i5o::o 1Il~~ ::Eo::w ~QlI) o.:i~ lI)i= ~o ~~ c.... z o o [...................'...'.........................., ~ I 10 ~ ::> a. t ~ I:dd, ~ I lil.illl I II ~ II ~ ';;' ii : Lm..~m~....~...~..'':m:j ~ Cl Qi E to Z 11 '[ a. M c: E " -i::i o 'C: ll) a. C ll) E ll) l!! ::3 .0 E 'ii) et:: "0 ~ c: o () ... c: ,::3 o E < .! 01 Q ell l,) '0 > .5 '- ell .c E ::3 Z .! '- 01 l! Q l,) ::3 ~ '- o .lO: '- l,) ell ell .c .c: E o ::3 Z ~IIIIIIIIIIIIIIIII :jj; ~ 'E .0 ::3 lI) '- B l,) 01 ~ c: o o 1: o 'tI c: ell ell ell 01 0. ~1-INIMI~I~I~I~I~I~I~I~I~I~I~I~I~1 &'7 ~ o ... c: o 0. ::3 - '5 ::3 ClCll .~ ~ ~~ u.o sg o.CIl ... > ll) CIl .c: ll) "0 ro -g-g CIl CIl ulll) .>< > ~.8 -5~ ~~ "88. c: ll) ~ :;; . Ii) ~ 8 .:, ll) 15,s U1:: ~8. -sg. u Ul ~.9 ll) .-0 Ul ll) c.: o ::3 ""0- ~ ~ ::3 Ul ill CIl --0 "0 ll) :c ... -a;.!9 ::; .5 ~E 1:: c: 8 3l :>..0 .0 ll) ~ ro ~.c: - c: o i:::.;: ~~ COG.>"": U E Ul ~ i3 ~ <3.g~ ... -0 ll) III ::3 e! ~ ll) > o .0 CIl ~ o c: III ll) III CIl .c: !2 ::3 0. ll) ,s 1ii ,s ~ :e...; ll) U U .!!!. :>.e ~o. ... III ll) .- .c:,s -0) co c: c: .- o.c: ._ Ul T3'a ,." E 'al @ () CIl J!l 10 o Il ~ iV '0 C 10 C u: - o N ll) 0) CIl a. J!l 10 o .9 ~ J!l c 'E ~ '" j( iii ~ ~ co 0- ~ ~ w Cl z >= !!l (; m t::~ m~ - c ~! W ..J :J I-C ZW W:J: :E(.) ~~ ~lf~ zW:J: :JC(.) ozll:: (.)0:J _D. :J:!;;j:VJ (.)uJW ~II::(.) m(.)~ :EWw ..JII::VJ c:(C..J D.Zc:( c:(:J !l21- 11::(.) c:(~ D.I- Z o (.) r....................m.,.....m..m.mm....] I . I * I , ~ I ~ ! ,h ~ I~~ ~ l ~ ~~<liC: 8 jg~~[o;~ .!!! .!!"S >.- S&J~Iif~]1 II II II II II II Ulll~W"'- :........................................ i I 8 c o :;::; C :::l o ~ .! III C III l.l '0 > .5 ~ .Q E :::l Z .. .! Ql III 'fic :::l ~ .. o .:.: ~ ~ s:.Q (.) E :::l Z ~ .. .s u r:! C o (.) 1:: o 'Q C III z III :\ I I I I I I I I I I I I I I I I I I I I Eo'r ..J ~ o I- 45 ~ .s.8 o (\:J "C-o C Ql (\:Jt .;8- "'" Ql l.l .. Q) III -U1ii -0 8 ~ Q) fl= Ct ~ 8- n-g. (\:J III J:; 0 c_ 0-0 l.l Q) '"0.: Q) ::l - l:T ::l Ql l.l .. Ql III ~ (\:J -"C III Q) C C o .- .- (\:J ro~ "5 'a; fijEu; - C Q) :!2Q)5- ::~e (\:J Q) c s: > 0 ~i! g. 'Eg"" fl",,-g >-.l9 (\:J .DC.. QlQ).S! Qj E Q) .ctl:o -O(\:J c~~ ,Q C fij "IS'~ ~ ~~~ Q) ::l C () 0. (\:J .6 al III ::l ~ ~ Q) l5 .D (\:J "C Ql (5 C III Q) III (\:J .c u .. :> 0. Q) = ro .s .?:- 'E... fl .~ >-e .Do. ~ III ~:s -01 .. C ,~ ~ "IS '5. ~ @ () (\:J ~ '" o 1J IE '0 0 1ii <'l '0 c: '" c: Ii: Ql 01 (\:J a. ~ ~ III X a:i :0 :E x W ~ CI a. jg 1il .!!l c: ::i: 'E a: :.'t 0 ~ w " z ;;: ~ Ci Date: Feb. 14, 2006 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: Feb. 21, 2006 Description of Agenda Item (who, what, where, how much): Request approval of Palm Beach County R~creation Assistance Program Funding Agreement for the Miracle Field at Miller Park in the amount of $10,000, and the Mayor's signature on the two original agreements. Department Head \ Signature:. City Attorney Rev' wlRecommendation (if applicable): ~ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: e I No Initials: ~ Hold Until: ' Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER [JJtf AGENDA ITEM # <& "J:. - REGULAR MEETING OF FEBRUARY 21.2006 AGREEMENT /PALM BEACH COUNTY/LAKE IDA PARK TO: SUBJECT: DATE: FEBRUARY 17, 2006 This is before the Commission to approve and accept a Palm Beach County Florida Boating Improvement Program Project Agreement between the City and Palm Beach County for funding in the amount of a $100,000.00 grant for renovations to Lake Ida Park. Palm Beach County has agreed to fund $100,000.00, on a reimbursement basis, for costs associated with renovations to Lake Ida Park. Recommend approval and acceptance of a Palm Beach County Florida Boating Improvement Program Project Agreement for funding in the amount of a $100,000.00 grant for renovations to Lake Ida Park. S:\City Clerk\agenda mernos\CM PBC Funding Agmt Lake Ida Park 022106 [ITY DF DELRAY BEA[H DELRAY BEACH ~ All-America City , III I! 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 MEMORANDUM 1993 2001 TO: Carolanne Kucmerowski Agenda Coordinator FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Florida Boating Improvement Program at Lake Ida Park DATE: February 14, 2006 561/243-7000 Attached please find an agreement between Palm Beach County and the City of Delray Beach for $100,000 grant from the Florida Boating Improvement Program to be used for the construction of Lake Ida Park. The City Attorney's office has reviewed this agreement and approved it as to legal sufficiency. Please place this on the February 21, 2006 agenda for City Commission consideration. ~JD~ Joe eldon Director of Parks and Recreation Attachment cc:~avid Harden, City Manager Ref:cklakeida * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS Page 1 of 1 Pierpont, Carole From: Weldon, Joseph Sent: Tuesday, February 14, 2006 2:13 PM To: Pierpont, Carole Subject: FW: Interlocal agt. with Palm beach County -----Original Message----- From: Shutt, Brian Sent: Friday, February 10, 2006 3:45 PM To: Weldon, Joseph Subject: Interlocal agt. with Palm beach County The agreement with the county regarding the florida boating improvement program where the City will get $100,000 from the county for lake ida park is legally sufficient. R. Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561 )243-7091 Fax (561 )278-4755 shutt@ci.delrav-beach.fl. us 2/14/2006 PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT AGREEMENT THIS AGREEMENT, is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, in accordance with Section 328.72 Florida Statutes, the Florida Department of Highway Safety and Motor Vehicles ("FDHSMV") collects vessel registration fees for vessels required to be registered in the State of Florida; and WHEREAS, in accordance with Section 328.72(15), Florida Statutes, said vessel registration fees are returned to Counties for the purpose of providing recreational channel marking, public launching facilities, and other boating related activities; and WHEREAS, the Board of County Commissioners has adopted Resolution No. R-99-77 establishing the Palm Beach County Florida Boating Improvement Program ("FBIP"); and WHEREAS, said FBIP specifically provides for the County's allocation of vessel registration fees to municipalities for the purpose of funding eligible boating related projects; and WHEREAS, the City has submitted a Project Application requesting FBIP funds in an amount not to exceed $100,000 for use toward an eligible project; and WHEREAS, funding is available from FBIP funds; and WHEREAS, the parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements expressed herein, the parties hereby agree as follows: 1. This Agreement shall be performed in accordance with Section 328.26(16), Florida Statutes, and Palm Beach County Resolution No. R-99-77 which are hereby incorporated by reference as if fully set forth herein. 2. The term of this Agreement shall be for a period of twenty five (25) years commencing upon the date of full execution by the parties hereto. 3. a. The County hereby agrees to pay the City an amount not to exceed $100,000 on a reimbursement basis for costs associated with the City's eligible boating related project which includes renovation of the Lake Ida 11 th Street Park to provide boat ramp access to Lake Ida, boat trailer, regular and handicapped parking, walking trails, playground equipment, picnic pavilions, rest rooms, landscaping, and irrigation, hereinafter referred to as "Project", as more fully described in "Exhibit A" attached hereto and incorporated herein. G:\SYINGER\FBIP.PBClDELRAY.LAKE IDA 11TI1 STREET DOfKS\AGR.WPD b. The County and the City hereby agree that there shall be no reimbursement of funds by the County for any expenditure made prior to the effective date of this Agreement with the exception of $100,000 for the following expenditures: boat ramp access to Lake Ida, boat trailer, regular and handicapped parking, walking trails, playground equipment, picnic pavilions, rest rooms, landscaping, and irrigation subsequent to January 1, 2006, as described in Exhibit "AU. 4.The County shall use its best efforts to provide said funds to the City within forty-five (45) days of receipt of the following information: a. A Notice of Limitation of Use form as provided by the County, that has been filed with the deed to the property in the Public Records of Palm Beach County; b A Project Completion Certification form as provided by the County; c. A photograph of a permanent project identification sign which has been erected at the project site crediting the FBIP program as a source of project funding. d. Project reimbursement forms provided by the County as applicable: Actual Cost Contract Payment Request, Contractual Services Purchases Schedule, Salaries and Wages Schedule, Direct Material Purchases Schedule, Material Grantee Stock Material Cost Schedule, and Grantee Equipment Costs Schedule. 5. The City is fully aware and understands that the County's performance and obligation to pay under this Agreement is contingent upon funding by the FDHSMV through its annual appropriation of vessel registration fees. 6. The City shall complete the Project and provide accounting data to County for same on or before twenty four (24) months from the date of execution of this Agreement by the parties hereto. Upon written notification to the County at least ninety (90) days prior to the expected completion date, the City may request an extension beyond this period for the purpose of completing the Project. The County shall not unreasonably deny the City's request for said extension. 7. The City shall submit to County quarterly status reports on the Project Status Report form provided to City by the County. 8. The City hereby agrees that any and all asphalt paving performed by the City within the scope of the Project shall conform with the State of Florida Department of Transportation's specifications for materials. 9. The City shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all costs of any nature expended on the Project as funded pursuant to this Agreement for a period of not less than three (3) years. Upon advance notice to the City, the County shall have the right to inspect the Project as well as the right to inspect and audit said books, records, documents and other evidence pertaining to the Project during normal business hours. 10. Upon completion, the City hereby agrees to dedicate the Project for public recreational use for a period of twenty five (25) years from the date of full execution of this Project Agreement. The City shall record the Project Agreement and a Notice of Limitation of Use including said dedication in the Public Records of Palm Beach County. 11. The City warrants that the Project shall be open to all Palm Beach County residents on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. G:\SYINGER\FBIP .PBClDELRA Y.LAKE IDA 11 TH STREET DO~KS\AGR.WPD 12. Upon completion of the Project, the City shall erect a permanent sign or plaque in accordance with Resolution No. R-99-77 crediting the FBIP as a source of funding. Said sign or plaque shall be erected at the completed Project where placement is feasible. . 13. The City hereby agrees that it shall be responsible for all costs of operation and maintenance of the Project for the term of this project Agreement. 14. The County shall have the right to terminate this Agreement due to City's non-compliance with the terms and conditions hereof or with non-compliance with Resolution No. R-99-77. Upon said termination, the City shall refund the County all FBIP funds tendered for the Project, plus applicable interest in accordance with Resolution No. R-99-77. A determination of non-compliance by the County may result in the CITY being ineligible for further FBIP funding until a time certain and/or under certain conditions as designated by the County. The City may request termination of this Agreement and the County, at its sole discretion, may elect to accept said termination. In such instance, the City shall refund the County all FBIP funds used on the Project, plus applicable interest in accordance with Resolution No. R-99-77. 15. Within the extent permitted by law, the City shall indemnify and hold the County harmless from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense of whatsoever kind or nature arising in a manner directly or indirectly related to the City's performance of this Agreement. However, the City does not indemnify the County from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense due to the County's negligence or willful misconduct. The liability limits set forth in Section 768.28, Florida Statutes, shall not be waived. 16. Prior to execution of this Agreement by the County, the City shall provide either a certificate evidencing insurance coverages as required herein or a statement of self insurance from the City's Risk manager. The City shall, during the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all exposures assoCiated with the Project and terms and conditions of this Agreement. Where permissible with respect to the above coverage, such policy shall include Palm Beach County as additional insured. All policies shall contain a clause providing the County with at least thirty (30) days prior notice in the event of cancellation, non-renewal, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve the City of its liability and obligations under this Agreement. 17. This Agreement represents the entire agreement of the parties and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida, and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. G:\SYINGERIFBIP.PBClDELRA Y-LAKE IDA 11TH STREET DOS:KS\AGR.WPD 20. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to the CITY: City Manager City of Defray Beach 100 N.W.1st Avenue Delray Beach, FI33444 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. WITNESSES: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Dennis L. Eshleman, Director Parks and Recreation Department ATTEST: By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney G:\SYlNGERIFBIP.PBC\DELRA Y.LAKE IDA 11TH STREET DO~GR. WPD " Date Received: PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION . . . Part A: Identification Applicant Information Municipality: City of Delray Beach Project Name: Lake Ida Park Project Liaison: Title: Address: 'Joe Weldon Director of Parks and Recreation . 50 N.W. 1st Avenue . . Delray Beach, Florida Zip Code: 33444 (561) 243-7251' Telephone: I hereby certifY that the information provided in this application is true and accumte. SigDll-'t :.A.:;) Jl.9.,.J. Dat" )I/Itps- Project Information FBIP Amount Requested: $100,000 Project Type (check one) ./' Acquisition _ Development....!. Retroactive --!. Site Control (check one) Acquiring --:-: Leased ---i Own_ If Leased, Date of Expiration: May 17, 2034 Parks and Recreation landsca January I, date is OlllYlNOlftlUlUlrrA.1 . EXHIBIT 'A' PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PRomer APPLICATION Paga 2 Part B: Development Project Description Lake Ida Park 'Type and Estimated Cost of Proposed Development by Facilty: Fl\clllty Quanity (Number and/or Footage) 1 LS 23~oM SF l'LS 600 LF 27 EA -720 SF 1.800 SF . 2 EA 1 EA 1 LS 2 EA 75 LF Estimated Cost $7,500.00 $UJ88:88 $3,500.00 $19,998.00 $1.499.85 -$1,440.00 ill. 700.00 . $9,000.00 $4.000.00 $30,000.00 $3 .000..00 $6,000,00 $133,257.85 Demolition-Exis. Paving D~oat Ra~n ASp a t ar ng ot Pav ng Parking Lot Striping Concrete "D" Curb Wheel Stops Asphalt Walking Trails 4" Concrete(sidewalks&ramps) 25' Parking Lot Light Fix. 16' Parking Lot Light Fix. Boat Ramp . Catch Basins Furnish & Install 18" HDPE Pipe Total. AttAchmen~s'(Requlred prior to AppllcAtlon Consideration) Site Plan: Attach a detailed street, road or highway map locating the project site and provide driving instructions from the nearest intersection. Attach a Jegal sized conceptual site plan displaying location of planned facUities, if applicable. Provide a boundary map clearly identi.fying tile project boundaries. . Location Map: . Boundary Map: G.IIY1NGItR\&XIIIDITA.J Date: Feb. 14, 2006 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: Feb. 21, 2006 Description of Agenda Item (who, what, where, how much): Request approval of Palm Beach County Florida Boating Improvement Program Project Agreement in the amount of a $100,000 grant for the construction of Lake Ida Park and the . Mayor's signature on the'two original agreements. City Attorney Rev ~ /Recommendation (if applicable): Department Head Signature: Budget Director Review (required on all items involving expenditure of funds): . Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @, No Initials: ~ Hold Until: Agenda Coordinator Review: Received: Memorandum ok ~~ rfiir 1993 2001 Community Improvement Horticulturist TO: FROM: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT tb NANCY DAVILA ~ WEST LINTON BOULEVARD- FINAL PAYMENT CONTRACT CLOSE OUT THROUGH: RE: DATE: FEBRUARY 10, 2006 ITEM BEFORE THE COMMISSION The item before the Commission is the final payment request in the amount of $30,771.50 to Bermuda Landscape & Design Inc for the installation of irrigation and landscaping on West Linton Boulevard. BACKGROUND The project has been inspected for completion and accepted by the City, the City's Consultant and Palm Beach County Engineering for compliance with plans and specifications. The Contractor is requesting final payment for services. Once the City has paid the Contractor, reimbursement from Palm Beach County can be requested in the amount of $300,000.00. RECOMMENDATION Staff recommends the City Commission approve the final payment request to Bermuda Landscape & Design, Inc in the amount of $30,771.50 encumbered by Purchase Order 628951. ~ CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 2004-022 DATE: February 6,2006 PROJECT TITLE: West Linton Boulevard Irrigation & Landscaping - Congress Ave to Military Trail TO CONTRACTOR: Bermuda Landscape & Design, Inc. 10689 Heritage Boulevard, Lake Worth, Fl 33467 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. PROPOSED CHANGE: 1) additions to contract to replace damaged materials as a result of vehicular accident; includes replacement of 16' Ht Live Oak, 16 Horizontal Cocoplurn, and repairs to Irrigation; 2) deletion to contract amount as a result of an existing Live Oak that was not relocated to Orchard View Park. ruSTIFICATION: 1) a traffic accident resulted in a vehicle driving through a new irrigation pump house as well as damaging plant materials in the surrounding area; 2) The contract originally called for the relocation of 8 Live Oaks, only 7 were relocated. The one that was not had major defects not previously noted which deemed it not worth relocating. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES TIDS ORDER (increase) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 0.2 % TOTAL PER CENT DECREASE TO DATE .9 % $ 314,141.00 $ ( 7110.00) $ 307,031.00 + 684.00 $ 307,715.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for und benefit of competitive bidding. Change Order # 3 West Linton Boulevard Beautification- Bermuda Landscape & Design, Inc. Page 1 of 2 TO BE FILLED OUT BY DEP ARTMENT INITIATING CHANGE ORDER Funding Source: 119-4151-572-63.20; Purchase Order 628951 RmJMMEND: ~~ ~ Community mprovement Lula Butler L~~ " By: David T. Harden City Manager APPROVED: ~~ ATTEST: By: ~...... City Attorney City Clerk Change Order # 3 West Linton Boulevard- Bermuda Landscape & Design, Inc. Page 2 of2 Lh BERMUDA ~ 10689 Heritage Boulevard Lake WOl1h. FL 33467 (561) 432--0300 Fax (561) 432-1123 Change Order # 3 Date 2J2J06 LANDSCAPE &: DESIGN INC. CONPUlE L-\IIIlSCAlE Cl:I:>"TVnOllS .Customer City of Delray Beach Attention: Nancy Davila 100 NW 1 st Avenue Delray Beach, Fl 33444 Project Bennuda Change Order # 3 Landscape & Irrigation . West Unton Medians Delray Beach, Fl Telephone 561-243-7226 Fax 561-243-7221 Sales Rep Roger Deeaplto Tenns UPON RECEIPT Original Plan Date Revised Date Quantity Description Unit Price Amount VEHICLE DAMAGE REPLACEMENTS & REPAIRS: 1 Live Oak (16' 08) $ 460.00 $ 460.00 16 Horizontal CocopIum (3 gal) $ 14.00 $ 224.00 1 Irrigation Repair - Pump house, misc. parts & labor $ 1,750.00 $ 1,750.00 SUBTOTAl = $2,434.00 -1 CREDIT FOR UVE OAK NOT RELOCATED $ 1,750.00 $ (1,750.00) TOTAL LABOR & MATERIALS: $ 684.00 RBD/wsd TOTAL $ 684.00 "-DtDbelllllcle__ $ DepooIl....be.-""'" "'___ $_""'- ...,.-.......... :1I3of____......_IIoo__ --....._............-t.andocope "'noIIr...-_coonploIan. K ..,.of... ___~ _._ of30~.'" _ _",....- of 1.5% (18% "",-l. W_ .. _by_ t.andocope & DesVl. bo.. ~ _ '" pay..- -. court..... -'.....,.ol-- _ .................... hIg1est_ pet-.! by law. _ t.andocope & 000lIJ>, h:.... not be heldr"",,- ...__'" '"'" ~ _ Owner .....,..-...1ocaIng and 1ROfIlIng" undeIjpound..... Ownor~ _ and_ -....-.... & DeoV>. bo. _........,.__ or __ of __ -.u'" ~.... or __ TnnopIonIod __... not--. Bermuda t.andocope & Deoign. bo.................... __ '" -..av. driYewoys,"",""",""" aod"""" we be~ "'..- 00/."'" _ ..__ _... day'" _......... _ t.andocope & 000lIJ>. bo.. not............... rePac*>8 '"'" __10 domaged.... '" _of God.. cid not ~-""',le. _; _,_..... yeIowing. ocI.N._and_.e... and_W_is "'paidlnfUl_.. .."",... _ ___. I.'" ..-.......r~'" cony 1QOInot-. /ods of God. ac:C. on ......... __ (Propooal may be __. not acoopOod"'" 30 days.) loa .. conditions aM -.... You... auIhorized 10 do Ihe work as P. wII be_de 01_11<. Date:2-/; 7/06 I and Inc. Company Name: Jl~-r:~ Customer Signature .... ....0(, Print Name and Tille: CD CO CO 000 CUOO C~~ .- m 00 CU--N CiiN-- a::: N , 00 iai ciiU ZO C C 000 ........ :J:J"O .-.- 0 a. a.'1:: Q.Q.CD <(<(n. N o ,... C) C ci. CD E E"O 6.2: om Oc.c ~.2~ <( .5 CD ...Jm 1;)>- CDI'!!.... ~Q)~ ..000 'O_N CDOCO .~ >-~ e~O n.Uo. tlJl-......~CI) ...ou...-c o..-cuo 0:> '05~~Q)~ CU.- 0 E C ~~U.E li.~ 0= .... C U~~.2-g'~ X CD<(-~CUCD :5(1) -= .s:: .-.cc"Oc o:5~oCD~ _>-~U~o ; .0 Q) .~ {ii .0 -g ~ :5 CD "'c .... c .... CDCDCU~Q)CD :5>"0 ~E 0"'"0 >- o U 0 .- ... cu ... ~ u cu cCD Q. _-,;;:UQ. cuocue:EE :5~ Q) >-CD cQ)cul::: ; ~ .- .0 n. ::J 10:'" CD"'u t'Qi-g>.2iU CD .- - cu .c uQ).!!..c:;- .... .0 Q. U) ... "0 o-oEEcuC 'Oco::Ju~ cu cu U o.-,c ~c E~CD 5gfii~u U cuE Q) m U) "O...'O_::J CDO cu. ~E ~ :5 ~ ti'iij _.c on Q. .!! CD ~..... c..c-= 1: -0"0 e: CD u -0 e cQ)Q)E'-Q) <( ::J~ E ::J~.2: cu Q)O>-U Q) 5.ce:1\)0....~ ....~n.0.E.... o .... C i..: o ..0 ;: 0'" ~i..:Q)~ ~i:: ~:E.b :!i~e5 OO<(u G) lD s::. en c .Q 1ii => c ~ o o I- ('I') Z N W ..... :i 0 '7 > C ~ .ct _..,. 11. ~ co 0:: .iij 10 o ~ x IL. clS,...~ W Q) .co ~ Q.-g'l:to _ cu-('I')o O um('l')('I') "'Q)...Jo u: 'l:t -g aLL N - 'l:tcuj!-('I') I-.c 'l:t...J'I::.c'l:t ....u ('I') Q)t, wl.&.cuQ)('I')CUIo..... Q)::J -0 ~1O omfii-i~~CDIO O >->LL r::1O~~ I'!!<( -Q)OCUQ) Z-_.cm........J.... _Q)U)~ _O.....Q) Zo~m.. o .i:-z >- 5 -.-o!!t) ~uoQ)cu ~ .........0.::::. o ... e: _ ~ 0 ...J ~ U 11.0 E 11. 0 0 ct .... u: u 1! E o o (I) -5 -5 ~ c .... .Q ZU w~ ~8 <( .5 D.. IX:~ Om LL.Q c z~ Os::. - '" ~~ o~ ::;i o.E 0. >--t:i <( 2i~ ct) .... 0 _ .E ~ IX:lDt'll O'g.!l! i..: .... EM &0_0 '0 ~g~ I'!! .... "" 0 "'z~8 5 0 0.< U 0 ~<( .!!'OQ)O~ .~ ~ .g .i:-'" 5"fi.!!'ffi"O .... ~ ::J C <(oe-I\) C e: o~~~on -",+:Eri -g en"O Q)E W U)OQ).!! - 1\).. ~ I\) ::J ~ .0 lJ"fi .2 g .... .- ..."0 0 a::: on a.<( .5 W ElitQ)U)'OU Q) .ccul\).... E"''''"O~z ::J1:_Q)e:::> u...o~oO 00 m... Q)u""" cu)'" """ Cii Q) ~ Q) <( ... -E .0 .... .c Q) I-U Q.-.c ~~e~U):5::: :2 e: Q. - cu .- 0 >-oEo-=~- <Uo--.=: fii Q. u_o~E ~Q)j!J!!~c>- u..:5I\)-Q)4Jcu W "O.....c....Q. !;(.cQ)~:::8.2 ~j:5~~~-g ~ "OO~c~ a:: Q) e: Q) "0'- C wul\).cc Q) o e: U) ... cu .~ U) !!>I\)e:oe: .- I-"Eo-o~o frl81iiU)1ii0'0 !::~C:~E~I'!! I Q).-.... E o U)toQ)o ~.f:~8E:5U "'- II)c .... => =>0 C>E O;::t'll =<D ~-5 ~o E~ "':02 .Ec a:8 =0 a. - a.'" III <D _0> c c => '" Os::. E 0 III II) II) l;; s::._ - III E-5 gt; '" II) ....s::. :2len .- c "'0 "C:w QI '" o;::=> t~ B 5 EO => II) os::. E- '" c o ~.., c c Ot'll 1ig c._ "'- c.~ x = <Do. a:~""" s::.",a: l;l:2!E =-1:: ~5B 10 o o N m -- N "0 Q) - C '1:: Q. co o -- m -- N m o -0 ... CU,... ~~ WOO QI--- EOIO l!! uj Ui .E ~ .8 "0 .- s::. .9 fii )( l;lE~W Q) 0 c !D~o.Q ",E..,=~ : li.g'E ...,a:ll..E o,e 0 -E~j!U => .Q 0 8~z~ 0 IS 0 0 0 0 C) 0 0 0 0 0 10 10 10 to 10 , , .0 M ~ I ..... 'l:t N ..... ..... .... 'l:t .... ..... ....- ,... ,... I': m .... 'l:t l!e ,... ,... ,... < :.:i ,... .... 0 II) C> e: U) Z :! .!! 0 U) W e: M .!! ~ w ('I') 0 C) Q) 0 e: 'l:t ~ C W ,... E Q) <( e clS C> ::J e: ll.. Z e: 15 2 a::: ;( W 0 C) 0 U 0 .... ", Iii w z C LL m LL ~ w E e: ... C> (fJ IX: I- ::J E .2 <( W < 15 ::J ... Z ~ W 0 0 a::: 0 8 15 .0 ~ I- 8 10 U -i 0 ~ W u: W U .... + ::) w 0 m a::: i= z a:: ~ '1:: CU (fJ Q Gi Iii 0 Q) 10 a::: .... "2 l- I- -0 iU Q) (fJ W Z I 0 < en Q) ~ c W U (fJ 0 all G) 2- ...J W E II) M (fJ :! z C> 0 0 Q. "0 0 u: => c I- W Q) ~ W ::> ~ en <G :2 I- 0 E ... 0 u s::. W ,... 0 0 Z 0 0 ::> W ... I\) :> 0. ...J C) U (fJ e: a::: .... 1! ~ en Q. C) 'iii <( W .... E I- :2 e: - - W <( 0 0 - W a::: z 0 ~ 0 0 0 Q) U 0 c:i 0 C> Z ~ ~ a::: ...J ll.. W Z c: ~ 0 0 IX: 1ii <G ...J 0 0 <( (fJ ::s s::. I- m IX: c 0 ~ 15 .... ..... .... .... (fJ Co z W ... 0 ::) <( ..:: G) 0 0 Q 0 W 0 z 0 I- a::: I\) .ri .... .... ...J 0 m ..... N ('I') 'l:t 10 10 r-- 00 m tI') .!i '" o i:i w u: i= a:: w o I- Z ::> o :2 < .:: o w l- I o a:: .. <!D 6 0 16 S 0 0 0 0 .0 ci -.i 10 cD ::J .... 00 N N (fJ .... co '<l:. ....- -- "0 t::: I~ ~ ~ tI') tI') tI') tI') ... Q) >- "E 0 a::: .... I~ <( e: Q) ~ ._ c .c "O~ - e: ~ c I\) ::::> Q)O 0 .c (fJ e~ E U U) I~ a::: Q.U) 1: W Q...c: ... (fJ 0 tV... II) C "0 W a::: Q) 0 Q) C) 0 mE > 0 Z W C II) g <( tV ::J C> .co I Z u._ tV U) U -> <( I\) Q) m m .... I 00. 0 0 W U .... .... .... Z ..,.... 11)11) ~~ .... <D ~-5 ~o c1} Os::. O.~ Q) .... s::.>- _c ot'll -0 >-- g~ 11)'" -'" ~e- >- a. 2is ",0 _s::. oj !!!<D u..... - '" 1-- a::c w<D O~ ~2i ::>- 00 :2B <c QI.l!l s::.Q. 1-<1> 8 r-- $~ti Q. ~lig Q. I\) 0-5 >- :5':60 tV c: ~.!I! Q. 0 t'll-5 <( C a..... ~ .!I! . II) B-g 10 .l!l c => 0 ~"'~ m =>0 0 O;::u 'E.!!!", N QI .l:: 0 OcC iai .- 0 ~l!!o Ii: s::.<D.... I-s::.o " o-e-5.~ ~i:1i -~~~~ :m~ol.S ~S~g ., !; '0 -!! 0.-1 >-~ ~:i5{l "'3: :i ~~i~ ::Je'jl.... E a.. E '\j ., .o~ m ::1<: (1)0 U . D .. a.. E e II.. ~U -;-- ",0:: .~~ ;'j 0::> gggg~~gg~~g~g~~~~~~g~gg~g~~ggg~ ~ N~m~~~N~N~cicio~ci~~WNOmocim~Mm~~ci~ ~ O~~$~mN~~~~~~~g~~re~~~~~~m~~ ~~ID ~ ~~ ~~ ~~ ~~ ~ ~ ~ 0 ... <0 o o N ;;; N -g E -.:: Q. ~~~~~~~~~~~~fi*~*~fi~~~~*~~'.~_fi~~~_ 2 ..<: 0" C'c Iii: m ~~~M~~~~_5*~M~~~~__~~~_~___~MM*~_ #*#~*#**#*#~***~~*#~**~#*#~~*###~ 000000000000000000000000000000000 oooooooooo~~ooo~~~~~~~~~~~~~~oo ~ ;f. s~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ooowmmoOW_~~ON~N;N~O~OON~~NOOO~ ~~uGN~m__~N_N~Ooo_o~~mNomoomM~m__om GE~m~~~~~~~~~~~~~~q~~w~~~~~~mm- ~w~ ~8mOoM_w-roNNNmN.~~MN~N-.~~N~ ~ w_ w-.., (jl!c a..~" . co ~~ ~;;; 0 If~u>z ~.~U . '!:: .~o ~a~o: 8 ~ 0 Cf) ---I-~ ~J"8"" 8: "8:"i ~ ~~a..<( CO) o ..... CI I- Z W ::;; ::l U o o ~ ~ co <: -2 ! 8 ..= z w ::;; >- ~ a.. 0:: o IL W I- ~ U u:: i= 0:: W U .... w w ::r: fI) z o ~ ;:) z i= z o o ...E ; ~ ., .. o c<: Z .-iij <( ...c ~ -go., z..c-]S oU"2m i= ~ --t: <(aJJ!~ 9-!!:CD ....J -.... Ii 8:.2:.c ~~1i~ NEE~ a-mE ...... (J . 0 C1-g~u _C"i)C ~ .!'?.o 0 E:~~ ~1sJ2 ~ tnl ~ i5 <(-E~<; ~8~~ ",- ~ iV E ., E ~ JiG :ga 8 iii ... ..... ..... co ... W~~~~~M~~~~M~~M0fi~~WMMW~~__~~_~~M ~ E 5l l!!'" a..!!! .,0 liOO .<: ., 10 ::;; .. -0 o -<: ., a.. j ~ ! l- E 8~ ggggggggggggggggggggggggggggggg ~gcociciwoomoom~w.ciN~N.N~ci~ciciN~~Ncicici. 5~~N~m_~~N_N~Ooo_o......~mNomoomM~m__o~ ~~~ci~~~~~~~~:~~~~~~~~~:~~~~mm~ ~~m E~ ...... ......, m o~ Ii. ... co co :! .... ..... CO ... ~M_~~~M~_~~MMM~M_~___MM_M_W_M_W ... ., ::I oi > .., . :; .., . .<: o en 0000000000000000000000000000000 0 0000000000000000000000000000000 0 ~gg~~~~~re~~~g~~~~~~g~gg~~~~~~g~ = _m~~m__~~~mM~_O"""N~v~Now~mm_ ~wm ~ ciM_u)"':cONNNcON~ul.o(",)Nl()N_"'IQ...fN"': t-- co ~ ..... __ __ __ __ _ M m 0 ... ~~M~~Mt~W~_W_~WM_~W0_~_~~~*.__~~. ;,; g ~ -" .. o -" 5 3: '0 <: -2 a. lil . o "" .., !!! o ~~ i i g : ~~ g o'~ g ~~ . 0 oo'~o 0 . oG I@o~ NO.~ ~ g: Gl~ Uo: "'~C1~o~ ~~ 0 ='~ g~~~g@@~I@~~gol~G 0 ~ ~ ~ e~ g_-N cv...1ii1i ~1;jI.c::. QJu:)~-C)oog tJ ., CO') U) t:1~ ~~@C1"'C1C1~~I~~i@I:~""~~~~ ~c~ c8.., I~Eo~I~""~~""C1~-I~M~:I@I~" ~~_: ~5~U um~~mg~IiCO').~~m~c!.I~m .ocmU) ~ ~I~~~ ~~~.,~o~<:~.,~...C1~~"C1fi~ ~...,..~ ~ o~ <: _1~",<:""~IL~..S~<:""~..,C1"":;E ~ <: I- =~88 ~I~~UE~~::I~~"GI~'<:"""E::;;. '02~E <: 5~~1~~ "E.,!g'~.E~~~"5a.en~~::I~O::G8.,~~~B ~l~I~8 ~Q~~'M ~ '~~~~~:!€~c~c~o~.~ o~c~ O.::~t!oE""~~iiilUm5 -C:5.su..~.~O';;;OI-~C~ I.-."g .,5JI-8~C16~~a..3:~~~~5~i5m~"O~i5G~E"'NM~ 2~~re~m~~~m~~~m~row~E~~2~m~~I~.~88o ~~OO~M~~~~~N~~~~~~~~~~~~~~~C~UOO! ..... Q. Q. .. >- ! <( <( u> o m o N o ii = E - .0 ~z ~NM~~w~oomO~NM...~w~romo~NM...~w~~mO~N ooooooooo~ ~~~~~NNNNNNNNNNMMM Date: February 15,2006 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: February 21, 2006 Description of Agenda Item: Final Payment and Contract Close-Out for West Linton Blvd Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature:-- ~~ --- City Attorney ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Q No Funding Alternatives: Account # & Description: II q --- tj} s- / - 5'72 , 63 - 2CJ ~"~: fj,S-"/3foO, (if app, liC, able) ,! /JJNi.5Ca..pII1~ , I ~CULf;h c () fJ or--- City Manager Review: Approved for agenda: @ / No r1PV1 Hold Until: V , Agenda Coordinator Review: Received: Action: Approved / Disapproved Page 1 of 1 Rjchard Hasko From: To: Sent: Subject: ''Hasko, Richard" <Hasko@ci.delray-beach.f1.us> <rchasko@adelphia.net> Tuesday, February 21, 2006 4:56 PM Fw: Boy Scout Park & Lake Ida Parks Richard C. Hasko, P.E. Environmental Services Director Sent from my BlackBerry Wireless Handheld -Original Message- From: Skaggs, Jill To: Hasko, Richard Sent: Tue Feb 21 16:55:292006 Subject: Boy Scout Park & Lake Ida Parks Boy Scout Park - West Construction revised their prices for the ornamental fencing, security gate and the picnic shelter. 1. Ornamental fencing was $9,750 - now $12,675. 2. Security gate was $5,746 - now $7,469. 3. Picnic shelter was $30,000 - now $31,000. NOTE: Agenda Item showed Change Order #1 as $69,709 - now $75,357. Lake Ida Park - No price increases. z\ Z-l\ Olp ~ '{. \l 2/21/2006 ~ " E . w ~ " ... ~...- tl>l:!l~ ~i-E =...0 .:I * tc .lL...; llll?", ::!!"'v " ::! ::!! '" g g "", .. '" Ii 1I ~ "'" ti ~ " ~Ol M .!l M -- t<o. ,,'I " oM . .g " H . ~ .. ~ ~~ . ctl ~ ~ " z- M ... "i " ",= ~ e... ii 0. M .:i ~ ~ - !;i~ N "0' 0 g g 0 g g g 0 g 0 0 0 d ~ ~ g ~ ~ g g ,.: 0 0 l;l '" ;jl iii '" ~ '" ... ~ 0 g 0 g g 0 0 g 0 0 0 0 d ~ ..; 0 ~ ~ ~ ;; g l;l g .. ;jl ~ ~ iii '" M - - ~ 0 - - 0 0 '" 0 0 g g g g g g g g "" 0 0 ~ '# ~ M ~ g ~ ~ g :;: "'" ~ " ~Ol lli Oi ~ ;jl M d ~ ~~ .!l t<o. M l;l ;; g " ~~ '5 g g 0 g g 0 0 g g 0 ~ 0 0 0 0 n ~tl ~ ..; d ,.; ..; d d ~ ~ ~ . g ~ l;l 0 g .. . a :li 0 " "'f :li .. g '" " M e= ii ~ ~ - !;i~ N - - ~ 0 - - 0 0 "0' '" g g g 0 g g 0 0 g g " 0 0 "'" g ~ g !> ~ 0 d ~ ~ N 0 0 ~ " Ol" ~ a 0 ;jl 0 o. ~ ~Ol lli ~ M :;; ;;; ,.: :;; ;; " g t<o. 0 " . :5 " i g 0 0 g 0 0 g g g 0 0 0 0 0 " !'. ctl '" ~ d ,.; ..; d g ~ ~ ~ l;l g ~ l;l 0 . zOl :li ;; M " ~ d ,.: e "'0. M M l;l ;; ~ ~ - !;i~ N - - ~ - - - ;<l ~ "0' N ~ ::J ~ ~ ~ ., ., ., :3 ::J ., -' -' -' w OJ OJ OJ '" ~ :l! .1 ~ Z ~ 0 ~ ~ ~ ~ i ~ ~ . i ~ .. i -' ~ ~ ~ , ~ :< ~ S Ii l .. ~ it :i ~ .. J f [ " ! Ol 1 I '" ~ ~ .~ 1 ~ . " _ 11 ~ ;:; ~ ~ .. .. ~ :;! . . ~ ,,0 CZ '" '" :0 :e ~ " N " N ~ ~ ... g ... Ol Z ~ ... g $ ... 0< ~ ... .., !5 ... '" Z ~ ... g '" ~ . ~ ~ ... .., ... 0 ... Ol Z ~ ... ~ 8 ~ ~ " ~ 0 0 ~ 1; I .. .3 " I . ~ " 1; ! f " . ~ i ! . i . E -!! c . .. z 00 w co w -' I 1 t MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER~ AGENDA ITEM # ~\Z, - REGULAR MEETING OF FEBRUARY 21.2006 CHANGE ORDER NO. 1/WEST CONSTRUCTION. INC. TO: SUBJECT: DATE: FEBRUARY 17, 2006 This is before Commission to approve Change Order No.1 in the amount of $69,709.00 for the addition of previously removed improvements to the Machek Boy Scout Park Project. The amenities include: 1. Installation of a picnic pavilion, including concrete foundation. 2. Installation of a security gate. 3. Installation of ornamental fence along Lake Ida Road. 4. Upgrades to existing parking lot, including seal coat, new wheel stops, pavement markings, and signage. Due to budget constraints, the above park improvements were deleted from the original contract. Grants received have permitted the award to be modified. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Mike Machek Boy Scout Park). Recommend approval of Change Order No.1 in the amount of $69,709.00 for the addition of previously removed improvements to the Machek Boy Scout Park Project. S:\City Clerk\agenda memos\CO 1 West Const Machek Park 022106 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: Jill Skaggs, Asst. City Engineer DATE: February 17, 2006 SUBJECT: Mike Machek Boy Scout Park, Project # 2004-053 Commission Agenda Item, Change Order #1 Attached is a request for the City Commission to approve Change Order #1 to West Construction, Inc. for additional amenities to the Mike Machek Boy Scout Park project. These amenities include: 1. Installation of a picnic pavilion, including the concrete foundation. 2. Installation of a security gate. 3. Installation of ornamental fence along Lake Ida Road. 4. Upgrades to the existing parking lot, including seal coat, new wheel stops, pavement markings and signage. Due to budget constraints, the above mentioned park improvements were deleted from the original contract award. Grants received have permitted the award to be modified. The total cost for these additional items is $69,709.00. Attached is a cost breakdown of the items for your review. Staff recommends City Commission approve Change Order #1 to the contract with West Construction, Inc., in the amount of $69,709.00 for Mike Machek Boy Scout Park, PIN 2004- 053. Funding is available after budget transfers from Accounts 380-4150-572.63-25 ($69,709.00) G.O. Bond, Mike Machek Boy Scout Park. Please place this on the February 21,2006 Commission Agenda. Attachments cc: Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek, P.E., City Engineer Joe Weldon, Director of Parks & Recreation Carolanne Kucmerowski Agenda File, February 21,2006 Project File, 2004-053(E) C:\Documents and Settings\bauer\Local Settings\Temporary Internet Files\OLKIAC\MM agenda memo CO#l 02-21-06 Rl.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. PROJECT TITLE: 1 PROJECT NO. 04-053 DATE: Mike Machek Boy Scout Park TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Add the following scope of work to the contract (see Exhibit "A"): . Installation of a picnic pavilion, including the concrete foundation. . Installation of a security gate. . Installation of ornamental fencing along Lake Ida Road. . Upgrades to the existing parking lot, including seal coat, new wheel stops, pavement markings and signage. SUMMARY OF CONTRACT AMOUNT ORiGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRiOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 21.4 % TOTAL PER CENT INCREASE TO DATE 21.4 % $325,604.50 $0.00 $325,604.50 $69,709.00 $395,313.50 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 380-4150-572-63.25 ($69,709.00). DEPARTMENT FUNDING CERTIFIED BY RECOMMEND: DELRA Y BEACH, FLORiDA by its City Commission By: Environmental Services Mayor APPROVED: ATTEST: By: City Attomey City Clerk C:\Documents and Settings\bauer\Local Settings\Temporary Internet Files\OLK 1 AC\CO# 1 West 02.21.06 Rl.doc Exhibit "A" Mike Machek Boy Scout Park Proj. # 2004-053 Change Order #1 ITEM NO. DESCRIPTION UNIT 8 5' Ornamental Fence LF 1---.------ ......- -----,.-._.__..._.._-_...~-~-.~ ------~ 1--- 10 __Se~u!i~Gat~_-_- LS ---- Pressure Clean & Paint Scout Hut & Pump 13 House LS 1---- --- -------- -------------------- f--------- 14 _J>av~men~~arkings & Signage LS ----.------- 15 _SoIlcret~~eel S!ops EA ~-------- ---- 17 Picnic Shelter EA _...--- ------ .--- --- -~----------------~ 1----- 21 Seal Coat Parking Lot LS Proj. No. 2004-053 1 of 1 Change Order #1 West Construction, Inc. EST. UNIT PRICE EXTENDED QTY. PRICE --- 250 $39.00 $9,750.00 -- - 1 $5,746.00 $5,746.00 -~.- 1 $6,000.00 $6,000.00 -- I $693.00 $693.00 10 $34.00 $340.00 -- I $30,000.00 $30,000.00 ..-- I $17,180.00 $17,180.00 IGRAND TOTAL $69,709.00 I 2/1712006 Page 1 of 1 Hemnann, Lisa From: Hasko, Richard Sent: Thursday, February 16, 2006 6:38 AM To: Herrmann, Lisa Subject: RE: This gets a little complicated. We awarded contracts with reduced scopes for the Boy Scout Park and Lake Ida Park. We then received a $100,000 grant for Lake Ida Park which allowed us to add some of that scope back into the project. We recently were notified that we were getting an additional $200,000 grant funded for Lake Ida Park. Weare now adding the entire original scope back into the project. When we do that, we end up with approximately $89,000 currently encumbered in the Lake Ida Park project that can be transferred to fund additional scope for the Boy Scout Park project. That is the agenda item that you have. The funding will come from residual Lake Ida Park funds when the $200,000 grant is credited to that project. Richard C. Hasko, P .E. Environmental Services Director Voice (561) 243-7336 FAX (561) 243-7060 email h(lsko@ci.deJI'lly-b~a~h-"-fl.Jls -----QrIginal Message---- From: Herrmann, Usa Sent: Wednesday, February 15, 20064:44 PM To: Hasko, Richard Subject: Hello! I have an agenda request for the Boy Scout Park with funding of $86,340 available -after budget transfer.- The BT is not with the agenda item. If you can email it to me, I can print the three copies and attach it. Thanks! Lisa Herrmann Budget Officer (561) 243-7128 2/16/2006 Date: Februarv 17. 2006 AGENDA ITEM NUMBER:R o AGENDA REQUEST Request to be placed on: _Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda When: Februarv 21. 2006 Description of Agenda Item (who, what, where, how much): Approval of Change Order #1 to West Construction, Inc. for additional amenities to the Mike Machek Boy Scout Park project. These amenities include: Installation of a picnic pavilion, including concrete foundation; installation of a security gate; installation of ornamental fencing along Lake Ida Road; upgrades to the existing parking lot, including seal coat, new wheel stops and pavement markings and signage. Due to budget constraints, the above mentioned park improvements were deleted from the original contract award. Grants received have permitted the award to be modified. The total cost for these additional items is $69,709.00. Attached is a cost breakdown for your review. Funding is available after budget transfers from Accounts 380-4150-572.63-25 ($69,709.00) G.O. Bond, Mike Machek Boy Scout Park. Staff Reconunendation: Approval Department Head Signature: City Attorney Review/Reconunendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternatives: Yes I No Initials: See Above See Above See Above See above (if applicable) City Manager Review: Approved for Agenda: '& No Initial" 0J1 Hold Until: Agenda Coordinator Review: Received: C:\Documents and Settings\bauer\Local Settings\Temporary Internet Files\OLKI AC\MM agenda CO# 1 02-21-06 RI.doc Date: February 14. 2006 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: _Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda When: February 21. 2006 Description of Agenda Item (who, what, where, how much): Approval of Change Order #1 to West Construction, Inc. for additional amenities to the Mike Machek Boy Scout Park project. These amenities include: Installation of a picnic pavilion, including concrete foundation; installation of a security gate at the park el'ltraBC~; installation of ornamental fencing along Lake Ida Road; upgrades to the existing parking lot, including seal coat, new wheel stops, pavement markings and signage; iBstallatioIl of a 1l~"'T park sigH: arainage imfiwveillt:llLl:l and installation of additional landscaping. Due to budget constraints, the above mentioned park improvements were deleted from the original contract award. Grants received have permitted the award to be modified. The total cost for these additional items is~. 9,34000 -Attached is a cost breakdown for your review. . 1:.:.,'7//C'1,oc, Funding is available after budget transfers from Accounts 380-4150-572.63.25 ($86,340.00) G.O. Bond, Mike Machek Boy Scout Park. Staff Recommendation: ArVal . ~. Q~. < <. 1.-1$-010 Department Head Signature: City Attorney Review/Recommendation (if applicable): 1ianS~r 6de-prd 4--1- on- Budget Director Review (required on all items involving expenditure offunds): tAfure t1..?P/'i5YO--( tO~f'dO-I--J ~ //lfl,r la.Q Ida.. ;:krf(. e r Funding Available: Yes No Initials: VC'l- See above M '!:If 0 f/'"':/;.f-<< 4. ~(J Account Number ee Above {k S' d' Z /~ ~ . ,:Jp' Description See Above fJ1t1 ' Account Balance: See Above ~ tV I nS..f!tr .A StL Ylb/.{ awl IlfIIle.h.d .t.J1l/l.1/. Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@ No Initials: r;;?v1 Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-053\OFFICIAL\MM agenda CO#l 02-21-06.doc [IT' DF DELRAY BEA[H DElRAY BEACH Dad AII.America City , III I! 1993 2001 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 MEMORANDUM TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager DATE: February 15, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 21, 2006 - GRANT FUNDING REQUEST - PALM BEACH INTERNATIONAL FILM FESTIVAL 2006 ACTION City Commission is requested to authorize the Mayor to submit a funding request to County Commissioner Mary McCarty in the amount of $38,000 from the District IV Recreation Assistance Program Fund to assist with the costs of hotel accommodations for the 2006 Palm Beach International Film Festival. BACKGROUND The Palm Beach International Film Festival will be held April 20 through the 28. This year the Delray Beach Marriott is a host hotel. Hotel rooms are needed from April 18 through April 30. This funding request is to help pay the cost for hotel accommodations for filmmakers, distributors, judges, talent, press, and other film industry personnel. This grant program is set up on a reimbursable basis; therefore, the City would have to front-end the amount of the grant. RECOMMENDATION Staff recommends approval of the authorization to request a grant in the amount of $38,000 from County Commissioner Mary McCarty from the District IV Recreation Assistance Program to assist with hotel accommodation costs for filmmakers, distributors, judges, talent, press and other film industry personnel for the 2006 Palm Beach Film Festival and to approve the advance of funds until the grant is received. RAB/gb &. . U:\RAB\Agenda Item re Granrrlf1l~n~~lpter~o'A"~w~,~1 PWA.f~ R S '=' Pnnted on Recycled Papel oJ< 0}v1 561/243-7000 <6L [ITY DF DELRAY BEA[H DELRAY BEACH DaI:II All-America City , III I! 100 N.W 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 1993 2001 February 21,2006 Mary McCarty, Commissioner, District IV Palm Beach County Commission P.O. Box 1989 West Palm Beach, FL 33402 Re: Funding Request - District IV Recreation Assistance Program Palm Beach International Film Festival 2006 Dear Commissioner McCarty: On behalf of the City of Delray Beach, I am requesting funding in the amount of $38,000 from the District IV Recreation Assistance Program Fund. The purpose of this request is to. help pay for hotel accommodations for filmmakers, distributors, judges, talent, press and other film industry personnel. If you have any questions please call or e-mail me. Sincerely, Jeff Perlman Mayor JP/gb Cc: City Commission David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Randi Emerman, Palm Beach International Film Festival U:\Mayor\M McCarty re Funding P~a~~BI~fe~~~.~ot:M A TT E R S @ Pnnted on Recycled Paper MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1YMANAGER~\ AGENDA ITEM # 8>~ - REGULAR MEETING OF FEBRUARY 21. 2006 SPECIAL EVENT REQUEST /BEACH TENNIS TO: SUBJECT: DATE: FEBRUARY 17, 2006 1bis is before the Commission to approve a request from Beach Tennis USA for special event approval to allow the Beach Tennis USA Event to be held at the municipal beach on May 6-7, 2006; with setup taking place on May 4-5, 2006. Details are outlined in the attached memorandum from Mr. Weldon. Recommend approval of the special event request for the Beach Tennis USA Event; contingent upon receipt of a revised insurance certificate showing the City as an additional insured, event dates, and participant liability coverage. S:\City CIerk\agenda memos\Beach Tennis Event 022106 [IT' DF DELAAY BEA[H DELRAY BEACH D.e.d All-America City " III! 100 N. W. 15t AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Beach Tennis - May 4 - 7, 2006 DATE: February 17, 2006 Beach Tennis USA turned in a special event permit application to the City of Delray Beach on February 13, 2006. They are requesting use of our municipal beach in the area across from Sandoway Park to set up 3-6 courts on Thursday, May 4, 2006 from 10 AM to 7 PM and Friday, May 5, 2006 from 10 AM to 6 PM. Open play, clinics and exhibition matches would take place on May 6 and 7, 2006 from 10 AM to 6 PM, with teardown taking place on May 7, 2006 from 6 - 8 PM. They have also requested the use of half the small stage. Please place this on the February 21, 2006 agenda for City Commission consideration. ~, W-J \'0~Q ~ . Jt~eldon Diteftor of Parks and Recreation cc: Carolanne Kucmerowski, Agenda Coordinator Ref:bchtenis * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS FROM: FRX NO. :2124720681 Feb. 13 2006 05:17PM P1 City of Delray Beach DElRAY llEACH ~ A11-AIslerica City , III I! 1993 2001 Special Event Permit Application Afrv1: OOJ SV'1\7+~, F y () V"fi: () eo- c [", I e Yl Vi ; s lJ S A P~e$.' <g \J P1elAs.e oJl +0 lIt<-k"'ou..JJJ::t rec<;rt. -----r},tp, It r'" ( . I~CJ~ 'dId., :Sl~- J'6d~ ',. r Event Approved/Denied Date of Approval/Denial Appr~~~d/Denied by Title 1. Event NamelTitle: '0eo.dl\ TeflV1/.5 USA 2. Event D.ate(s): ~ ;h~ t{"'1 q ('$~~ , f:J~~ ~~ ! _ ~ ~~t~) _ SVoo"d"?;, .Mi 7 (EvMt,~ ~~O~"";;) FROM 3. 4. 5. 6. 7. 8. FAX NO. :2124720681 Feb. 13 2006 05:18PM P2 City of Delray Beach Special Event Permit Application DElRAY BEACH ~ m~ 1993 200'1 PLEASE PRINT ----l Event Time(s): fO A-w1. -1 p VV\ IO~.-' (lW\ III ~ - , pW\. 'o'""^ -t f"'" 9. (If neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City 0 Non-Profit/Charitable 0 Private J Co- Sponsor - Non-Profit/Private [J (If Non-prom attach proof 0 S01c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: I....~, ~ c ~ re;o 10. 12. 13. Site plan attached: yes J (Site plan required for entire event site) j Event budget attached: yes no (Required for all events) I Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior roe~n~ j Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional Insured, also required for vendors) J Playing of amplified music: yes no (Waiver required) Requesting Police assistance: (Traffic control/security) no 14. 15. 16. no J yes 1 FROM 23. 24. 25. 26. 27. 28. 29. 30. FAX NO. :2124720681 Feb. 13 2006 05:18PM P3 17. J no Will supplement with private security: (If yes, need plan attached) Request~ng Emergency Medical assistance. y Request!l1g barricade assistance . . es Requestmg trash remova/lel -. yes Request!ng trash boxes and ~~:~~ assistance: yes Requesting stage use- s. yes " (If yes, check type) . yes .J Large stage COvered 0 l stage 0 arge stage no COVer 0 Small stage ri Half small Requesting signage : BType: Event ~ign ~X4'} I Directional sr:~s J..! no anner hangmg I I d. n teate dates required A ,... ~~ f1tv.. (Waiver required if more than one (1) week prior to event) f' - I 7 Food and beverage vendors: yes no vi If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event yes 18_ 19. 20_ 21. 22. no j no~ ~ .j no no_ no Health Department approval: (see attached). yes no t:!.A Other vendors: yes no ;; Tents: yes J no (If yes. tent permits and fire inspections maybe needed) Will the event include amusement rides? requiring state approval? J yes no (If yesl type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability Insurance) 31. Will the event be gated? yes no J (Show on-site map) Will there be fireworks or other pyrotechnics? yes no J (If yes, contact Fire Marshall) Will there be cooking with compressed gas? yes no J (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event? yes no J (If yes, locate on-site map. If no, Indicate how you will handle restroom needs) Will there be a charge for the event? (If yes, indicate ticket prices) Is reserved parking requested? (If yes, indicate locations) 32. 33. J no yes 34. .; no yes 2 FROM FAX NO. :2124720681 Feb. 13 2006 05:39PM P4 35. Nei hborhood Block Parties 'He; hborhood block artles ani . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) . Please note the following: 1 ) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-ot-way will not be permittedA) structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the d Ii 3 j,~ dO (; Date I Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 FROM FAX NO. :2124720681 Feb. 13 2006 05:39PM P5 Delray Beach Special Event Permit Application Attachments Private Security Need Plan: We will be hiring one security professional to guard our tents/equipment overnight on Friday May 5, and Saturday May 6_ Tents: One 20' x 20' Registration and Operations Tent One 15' x 15' Hospitality/ Water Tent One 10' x 10' Players Tent Two 10' x 10' B1USA Merchandise/ Mark.eting Tents Pott-a-Lets: If required, we will provide as needed. Otherwise, we will direct our event patrons to the existing public faclJities. Reserved Parking: One space near the event site for our 16' Box Truck which acts as storage/transportation for all of our equipment FROM FAX NO. :2124720681 Feb. 13 2006 05:39PM P6 Beach Tennis USA Budget for Defray Beach Event May &-7,2008 1 day of preparation, 2 days of play, 1 day strike Staff #of Cost per Day SubtotaJ Total Supervisor (4 days) 1 $200 $800 Road Crew Manager (4 days) 1 $150 $600 Road Crew Coordinators (4 days) 2 $150 $1,200 Beach Tennis Instructors (2 days) 2 $100 $400 Beach Tennis Event Staff (3 days) 3 $100 $900 Beach Tennis Champs (2 days) 2 $100 $400 Per Deim for staff 11 $40 $1,840 $8,140 Special Event Applications Event permit Fee ? ? Equipment Beach Tennis truck includes: Nets with court lines 6 nla Fencing 20 sections nla Banners. flags & branding materials nla PA sys,tem 1 nle Soundboard 1 nla Plasma Screens 2 nla Tennis rackets & balls nla Additional: Tent(s) rental 3 days $2,500 Table & chair rental 3 days $200 Bleacher rental 240 seat $1,200 Helium tank rental 2 $200 Scaffolding tower rental 16 sections $1,600 $5,700 Marketing Handouts/Flyers 500 $500 T-Shirt! Merchandise giveaways 100 $600 $1,100 Miscollanoua Overnight Security 1 3 days $600 Miscellanous Supplies $1 000 $1.600 Travel Expenses Rental Car 2 7 days $900 Hotel Accomodations (2pp ea. room) 5 rooms $150 $3,600 $4,600 Pre-Event 2 day site inspection Air 1 200 $200 Hotel 2 150 $300 Car 1 100 $100 Per Diem 2 40 $80 680 Sub- Total (direct e:x.peO$es) $19.720 FROM FAX NO. :2124720681 Feb. 13 2006 05:40PM P7 ACOR~M CERTIFICATE OF LIABILITY INSURANCE T OA TE (Ml>WllIYYYY) 06/21/2005 PRODUCIiM (516)333- 3000 FAX (516)333.3140 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tbe Halland ColIJ)ani~s. ll.C ONLY ANO CONFERS NO RIGHTS UPON THI; CERTIFICATE HOLf:~j..;~1S CERtIFICATE DOES ~ ~~~, EXTEND I~AI 45 Executive Drive ALTE . Penthouse Suite Pldllvie", NY 11803 INSURERS AFFORDING COVERAGE NArc '# INSURE;D Beach Tennis USA I.I:C I~E;RA: Hartford Fl..e Ins Co 45 Farm Lane IN8URGR B: Lake SllcCess, NY 11020 INeURE;R c: INSURER 0: INSURERE: THE POLICieS OF INSU~ANCE L1S1ED BELOW HAVE BESN ISSUEO TO THa INSURED NAMED ABOVE FOR TH~ ~OUCY PERIOD INOICATED. NOTVollTH:! ANY REQUr~eMENT, TERM OR OONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICI1 THIS CERTI~ICATE MAY BE ISSUED MAY PERTAIN. THE INSURANce AFFORDeD BY THe POLICIES DESCRIBED HEREIN IS SUBJeCT TO All THE TERMS. EXCLUSIONS ANO CONDITIONS a POUCIE5. AGGReGATE LIMITs SHOWN MAY HA.VE BEEN ReDuCEO BY PAID Cl.AfMS. ~ ~~~1 lYrlOl'lNSIlRAHCE I'OUcv NII_ POLJC;Y II' ~ ~ LIMT$ ~ERAL l.IABILITY lZSBAR1745Z 04/27/2005 04/27/2009 EiACH OCCURRSNCE t I. 000 ()()(] X COI.IMERCw.. GENERAl UAIlIllTv DA~roRENTeo $ 300 ()()(] =:: tJ CLAll,4SMAOE 0 OCCUR I.lEO ex? (Any DIll Plf80Ill 5 10 00tl 1\ PER$U-W. & M:N IN.JuRV S 1 ooo:oolJ r-- 2 ooo:ooci GENSRAI. AGG.'lEGA.'rE S ~l~~AM-rrER PRCOUCTa. COMFroP AOG 5 2 000. ()(Nj PCUCV JE:<:T ux: ~lJTOM08". UAIllI.IlY COMSlNEO SINGLE LIr,l1T S AN'( /llJTO (Ezl1lEXIido>t) l- I- ALL OMJED AUTOS iilOOlL Y INJURY S SCHEDUI.EO AIJl'OS (Poor pononj ......... "- HIRED AUTOS SOP,.. V INJURY $ (FW .-IdArC) r- NOf\I.O\MoIED AUTOS ~ F'ROPEA'rY 0A.r.r1lGE $ (Pw~ RQE~~ AUTO ON!. y. E'A ACCIDENT :$ /IN'fALJ'I'O OTHE;R THAN EA/'CC S AUl'OONLY: 1>00 S I!IlCCB!IlWIIIl8RBLLA U481L1lY EACH OCCUR~ENCE $ 5 OCCUR 0 CLAIMS IllADE ^OOR~ATE S S =i DEOUCTIeLE :$ RETENTION S S T 1M:: STATU. I I<m+ WORKiiM CO"el$A1TOK AND -LO'I'aUr LIABlurv E.L EACH AOCIDENT $ IW'( PROPRE"l'ORIPARTNERSEOUTIVE E.L OISEASE . EA eMPLOYEE S OFFICER/MEMBER seClUDED? ~~~)NSllek'MI e.!.. OI5E.A.SE - PCl.lCY UMfT S OTltllR DE'ScRIJFT1QN OF OI'IlMoTlCNB / LOCA'I1ON&/ ~ IIIXCL~ "'~ 8'1' ENx>RINlMINT tSPEcI/U. f'ROWSlOfCS Evidence Of' Insaraoce Only SHOULD AW OF llftIASOIlC llG1JCR.G POLIClIlIaliCANCELLEO BliPOftE ~ IiJlIIIRATION DIIN'rMI!ASf:)F. THl!I88UIHG INIUIlmtWlLL IiNCl!AVOR 10 MAL _ DAVSWAIT11IN NOTIC&TO TMl!!CElU1~TI!I'lOLDER NAIII!P 'f01JfI! U!FT. auT I'/lJWRliTO uu,llUCH NO'nC& IHAU. ....OlIIiNO aDUOATION OR UMLJTY ClP AH'f KIND UPON 'l1lIi IIMWtI!R,ITSAlIINT$ OR ~ATII/U. AU~~A1I\IE .I.J Bradl~ er/LOIS ACORD 25 (~1J08) _CORD CORPORA11ON 1988 FROM FAX NO. :2124720681 Feb. 13 2006 05:40PM P8 IMPORTANT Ifthe certlflcate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGA TION IS WAIVED, subject to the tenn5 and conditions of the policy. certain policies may require 8n endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAlMr;~ The Certificate of Insurance on the reverse side of this form does not constitute 8 contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder. nor ClOBS it affirmatively or negatively amend, extend or alferthe coverage affordet1 by the policies listed thereon. ACORD .2S (2OO1,Ql) ;rinia Beach, VA (June 9-11) What is Beach Tennis? Essentially, beach tennis is regular tennis played on a regulation beach volleyball court. Using tennis rackets, two players on each team volley back and forth, hitting a tennis ball directly over the net without letting it bounce. One hit per team is all that's allowed. Your team scores a point each time your opponents hit the ball outside the lines or let it hit the sand. The rules of beach tennis are similar to regular tennis: · Scoring is 15 - 30 - 40 and no-ad deuce · At deuce, returning team chooses side (left or right) . Each match consists of one eight-game pro set, with a seven-point tiebreaker at 8-8 . Unlike regular tennis, you only get one chance to serve the ball. If your serve hits the net and goes over, it counts ... just like in beach volleyball. Point Pleasant, NJ (June 17-19) A Game with Feeling Cape May, NJ (June 26-27) Jones Beach, NY (July 3-4) Beach tennis is truly a team sport. The best players aren't those who hit the ball the hardest, but those who work with their partners to set up shots and together outplay their opponents. A feel for the ball is important and top spin is needed to make the ball drop and keep your shots within the lines, which is key since the court is smaller than a tennis court. When played competitively at the highest level, beach tennis is an electrifying sport; not only for the players, but for spectators as well. With no bounce to slow down the ball, players often find themselves trying to return serves traveling at upwards of 100 miles per hour. People in the stands can't help but cheer for their favorite players as they go all-out to keep the volley alive, often diving in the sand to return shots. ,. ..~ . ~~ l~ fQ s: o 0,""," +- a ~ :J O'l 0- '+- C o U ..,..... s:: (\) E o ~- )7biI L. ::J ~ I C o Z <+- V)~ :::>5 CI)\.> .c M s:: ~~ c .r. "'C u s:: a a (\)+- en\/) ( o 00 o ~ l' '" .e 8 .. t ~ '" .e g 0 N ~ '" '" +--.e --+ +--e --+ 8 (:) 8 M J-~ t '" .e g 0 N ~ l' '" e 8 .. 1 0- I/) (:) N 1 ~ 8' 5. :I Vi '0: .J: a +- -g 'j 5 O'l co s:: .u t: .... s:: ::J s:: ~ c3 ~ I I I w z~ en ~ ( t. - '" 0.- ~E '" c' +_E 8 I r I ~ I ..J I - r- - - - t - " 0.- -E '" s= c + :E -+ +:E-+ 9 9 o ~ +--~ ~I ( o '" t c' E o N 4- ~J t-.. ) II 1 - c' 0.- ~E '" ~J - r- r- z~ w ~ . in <Xl . .~ -1: j~ ..; '" J5 ~ tj.... ... ~ t .: c: .. ..- L. o .: o Q. U) en III en 2 VI en III iii '5 oS: -0 +- s:: .~ 5 en co '5 t ~ :ii 5 ~ u.. \,) I I I I>ate: Feb. 15, 2006 AGENDA ITEM NUMBER: 2 ~ AGENI>A REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: Feb. 21, 2006 I>escription of Agenda Item (who, what, where, how much): Request approval to host Beach Tennis open play, clinics and exhibition matches on our municipal beach near Sandoway Park on May 6 and 7, 2006 with setup taking place on May 4. and 5, '2006. They are requesting use of half the small stage. I>epartment Head Signature: City Attorney Revi !Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials: trt~\ Hold Until: Agenda Coordinator Review: Received: 0/\ z&1 [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVE"iUE. DELRAY BEACH. FLORIDA ."13444 TELEPHONE: 561/24-,~7()<)0. FACSIMILE: 561/278-4755 DELRAY BEACH F l. 0 RID ,0, lIe.I:II All-America City Writer's Direct Line: 561/243-7091 , IIII!DATE MEMORANDUM February 14, 2006 1993 2001 TO: FROM: David Harden, City Manager ~~ Brian Shutt, Assistant City Attorney SUBJECT: FEC Underoround Utilitv CrossinQ AQreementllncrease in Fees Attached please find a request from FEC to increase the annual fee charged to the City for underground utility crossings from $9,200.00 to $14,820.00. As pointed out in their request, paragraph 16 of the agreement between the City and FEC, attached, allows them to increase the fees if they are a result of market conditions. Randal Krejcarek is currently checking with his counterparts in other municipalities, with FEC tracks, to see what they are being charged or if their annual fees have been increased. I also spoke with Mr. Baker at FEC and he informed me that the cost is dictated by market conditions as their costs have risen over the years. He also informed me that this is the standard cost charged to all entities that have underground crossings on FEC property. If this request is acceptable please place this on the City Commission agenda. Please call if you have any questions. Attachments cc: Randal Krejcarek, City Engineer ~ December 2, 2005 Blanket File: 317-3-0 ~Ee) Florida East Coast R A I L WAY, L. L. c. CITY OF DELRAY BEACH Bruce L. Baker Assistant Director Industrial Development & Real Estate Mr. David Tolces, Esq., Asst. City Attorney City of Delray Beach 100 N. W. First Avenue Delray Beach, FL 33444 Dear Mr. Tolces, The City of Delray Beach ("City") is currently a party to a Blanket License Agreement between the City and Florida East Coast Railway dated 3/18/97, whereby certain portions of Railway's right-of-'.'.'ay :lre licensed to the Cil:'j for 33 utility crossings. The City's Ag;-eement requires, among other things, that the City pay Railway an annual fee for each crossing that includes future increases dictated by market conditions. The purpose of this letter is to notify you that the annual fee for each of the City's utility crossings, based on the 2005 market rate, is $14,820.00. Enclosed for your files is a copy of the revised Schedule "A" (Report Date 12/02/05) to the City's Agreement reflecting this annual fee, which is due on the 2006 anniversary date of the City's Agreement. The increase in license fees from 2005 to 2006 is based on paragraph 16, page 3 of the Agreement, which states the Licensee will pay in advance each year the sums listed on Schedule "A", and future increases dictated by market conditions. Enclosed is the Railway's 2005 Yearly Rate Schedule used to calculate the rate increase for 2006. All other provisions of the City's Agreement remain unchanged and in full force and effect. Inasmuch as the revised Schedule "A" constitutes a change to the blanket agreement, please acknowledge your receipt and acceptance by signing and dating this letter where indicated below and returning the original to me. Sincerely, fJ.-"l.. /J..L.. Bruce L. Baker, Assistant Director Industrial Development & Real Estate BLB/kp Amendment to Agreement Acknowledged and Accepted: By: This day of Print Name and Title Ph: (904) 826-2271 · Fax: (904) 826-2322 One Malaga Street · P.O. Box 1048 · St. Augustine, FL · 32085-1048 ~ ~ Q,l ~ 0 0 ....... ... :3 0 0 0 0 ~ I.C 0 0 0 0 0 0 ~ ~ I => ci ci ci ci ci ci ci ... ~ => tr) tr) tr) tr) 0 0 0 ~ ... ';l N '<t '<t '<t '<t '<t '<t '<t = C. ~ ~ ... ~ ~ .s 0 0 0 ~ :3 0 0 r-- Q,l III C! C! C! 0 0 0 0\'" => tr) tr) tr) tr) ci ci ci . 0\ ~ => r-- r-- r-- r-- tr) tr) tr) l") _'C N I -- N N N N N N N r-- 00 t' - - l") -- ~ l")'" ... Q,l ~ ... = ~ 0 0 0 0 :3 0 ~ -.r 0 C! C! 0 0 => tr) .,.; tr) tr) ci ci ci = => r-- r-- r-- r-- tr) lo"') tr) = N N N N N N N N t'CIl .e- ~.s ... ~ = := ~ = ... ~... ;:l ... CIl ... = Q,l == ~ < = ... ~ ~ i = I ~ ..c: ..c: ..c: "5 ..c: ..c: "5 i .e- u u u u u ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 = CI) CI) CI) CI) CI) CI) CI) = ~ CI) ~ CI) ~ CI) ~ CI) ~ CI) ~ CI) ~ CI) Q,l = .5 .5 .5 .5 .5 ~ s u :; ~ ~ ~ ~ ~ -; 'C ~ ~ ~ ~ ~ ~ ~ Q,l .Cl ~ CI) Q,l ... N N N N - - - ~ ~ 0 ~ ~ ~ E-o ~ ~ ~ ~ II.l rIl E-o v.i g: II.l ~ > ....l ~ ..c: 0 ~ 0 :s 0 ::z:: 0 lI'l 0 II.l 0 0 ... 0 0 0 0 - 0 E-o 0 0 CIl - - U - ~ - ~ - 0 - rIl - = ~ ffi g: Q,l ~ :i ~ ..;l E-o ~ E-o ~ :! rIl II.l < II.l :J ~ t:l iii ~ E-o 8 < 2: ~ :i II.l 00 l") 0 II"l ~ tr) l") < 0 ~ '<t ~ ~ l") 0\ ~ -.r \0 rIl \0 00 0 - 0 E-o \0 E-o tr) t:l l") < tr) p... tr) N E-o -.r < "<t N U N rIl l") ~ "<t rIl < ~ ... t:l < 2: E-o g: '" t:l ....l g ~ = 2: rIl II.l C. + + 2: + < + 1== + + 0 + - U l") rIl U Z ~ < rIl ~ l") ~ "<t "<t < tr) :! tr) rIl tr) tr) II.l tr) ~ .... - u - u - - - - p... - '" 0 :i '" l") \0 l") l") l") N l") N l") Ii: l") < - 0 2: 2: - ~ E-o 2: N 25 < 2: 25 II.l ....:i II.l E-o II.l ~ 2: ~ < e= ~ < e= ~ II.l < ~ p... ~ ~ p... ~ II.l ~ Z ~ ... ~ II.l II.l 1== = ~ E-o rIl ~ . CI) rIl Q,l II.l ~ ~ ~ ~ ~5 s E-o ~ ..c:= Q,l l") ~ l") ~ \0 ~ l") 0\ ~ r-- Cl l") ~ ~ Q,l 0\ 0\ 00 \0 Z 00 N II.l II"l Z CJ t< ... 0\ 0\ 0\ ~ 0\ ~ 0\ ~ 0\ N 0\ ~ ~ CIl - II.l - ~ - - - - z - u .... < -- ....l -- -- II.l -- -- -- -- ~ - "'..c: 00 ~ 00 ~ rIl - E-o r-- rIl r-- < 0\ E-o == o .!:l u ... - - rIl - rIl - - ~ !:::! rIl E-<~~ = -- -- urll \0 ~ -- < -- p.; -- < tr) II"l ~~ l") N .... tr) < - 'C . CI) Q,l 0 0 u 0 u 'S: ~ ~ ... p... t:l ~ ~ N ~ . >- ~ 00 00< \0 ~ N QZ~ ~ 0 CI) ~Q I.C III N I.C fO'l r-- '? '? '? ,. -.r .... .... "<t I I .... - r-l '? '? '? ;! ,. '? ;! U 0 ~ r-- r-- r-- r-- r-- U .... .... .... .... .... .... .... fO'l fO'l fO'l fO'l fO'l fO'l fO'l """ ~ 0 0 0 0 0 0 0 0 0 "" I,Cl 0 0 0 0 0 0 0 0 0 ~ => 0 0 0 0 0 0 0 0 0 => II) 0 II) 0 II) 00 - r-- 0 ~ N -.:t -.:t -.:t -.:t -.:t -.:t II) II) -.:t II'l => => N ~ II) r-- C"l o o o II) C"l o o o II) C"l o o o II) C"l o C! II) r-- C"l o o o o l"l o o o o l"l o C! II) r-- l"l o o o II) C"l -.:t => => N ~ II) r-- C"l o o o II) C"l o o o or. C"l o o o II) C"l o C! II) r-- C"l o o o o l"l o o o o l"l o C! II) r-- l"l o o o II) C"l ..= 'f3 ..= ..= ..= ..= 'f3 ..= ..= .e- () () () () () () () CO Cj CO Cj CO Cj CO Cj CO Cj CO Cj CO Cj CO Cj CO Cj = U U U U U U U U U = ~ CI.l ~ CI.l ~ CI.l ~ CI.l ~ CI.l ~ CI.l ~ CI.l ~ CI.l ~ CI.l = .5 ~ .5 s .5 .5 .5 s .5 u CO CO "';j CO CO CO "';j CO" i:l-o i:l-o i:l-o i:l-o i:l-o i:l-o i:l-o i:l-o i:l-o u l"l!ii !ii .. C"l E-< - C"l - C"l -.:t 1,0 ~ - " ~ ~ ~ ~ ~ r-: ~ ~ ~ ~ ~ !ii ~ ~ ~ rn E-< ~ rn :I: rn 0 -= o E-< 0 0 E-< 0 0 0 ~ 0 0 Z 0 .. Om 0 0 \0 0 0 0 0 rn 0 ...... 0 01 - i: - - ~ - - - - ~ - - = Z M IIi u - ~ :i ..J - ~ Z M IIi 0 ~ ~ E-< :i ~ en E-< Z -< 0 ~ !ii 0 E-< ~ ~ ~ e:: E-< l"l 1,0 -< l"l ~ -.:t II) ~ 0 ~ 0\ -< 0 - ~ 1,0 -< l"l > C"l 0 0 l"l -.:t 0\ l:l... -.:t ~ C"l ~ - 5 00 rn r-- rn -.:t E-< -.:t rn -.:t 0 0 ~ - -.:t II) -< - i: C"l rn C"l -< C"l ~ l"l ~ l"l .... 0 ::> u ~ U rn ~ rn '" = ~ 0 00 ~ ~ -< ~ 0 c. + rn + a:l + + :I: + M + ...... + u + rn + z .!! -< ~ ~ g IIi ~ \0 ~ ...... i II) u II) >< 1,0 1,0 1,0 :i 1,0 1,0 M 1,0 1,0 IIi - - - ~ - - - ~ - - - l"l . l"l Q l"l ~ l"l 0 l"l ~ l"l ~ l"l ~ l"l ~ l"l :i \0 Z - E-< E-< ~ ~ rn E-< ~ -< ~ -< ~ ~ e:: ~ -< rn rn E-< ~ ~ ~ ~ ~ -< ~ l:l... ~ e:: e:: e:: :::1: ~ l:l... ~ l:l... ~ l:l... ~ ~ ~ U ~ .. ~ ~ ~ Z ~ = ~ ~ ~ ~ ~ 0 ~ E rn ~ rn U ~ ~ -< 0 0 rn ~ rn ~ rn u l"l 1,0 l"l 1,0 r-- 1,0 1,0 - ~ 1,0 u r-- ;> C"l ~ 1,0 Z C"l Z II) Z 1,0 Z r-- ~ 1,0 ~ C"l Z ... 0\ 0\ 0\ ~ 0\ 0\ ~ 0\ ~ 0\ 0\ 0\ ~ 01 - ~ - - - ~ - - - !2 - !2 - < -. -. -. -. -. -. -. -. -. C"l 0 C"l r-- E-< C"l 0\ E-< l"l E-< l"l l"l 0\ E-< ... - C"l E-< - rn !:::! E-< - rn - rn - ~ - ~ -. rn = -. ~ -. rn -. -< rn -. -< -. -< -. -. ~ - - .... N .... .... .... I,Cl N '? N ~ I I I I I I I I Iir;1 '? '? ~ '? '? '? '? '? '? g .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... t'f') t'f') t'f') t'f') t'f') t'f') t'f') t'f') t'f') ~ ~ 8 8 0 0 0 0 8 0 0 ""'I \C 0 0 0 0 0 0 ~ <= c:i c:i c:i c:i c:i c:i c:i c:i c:i <= 0 00 - 0 0 0 on 0 00 N ~ ~ on ~ ~ ~ ~ ~ ~ In <= <= N 8 c:i on N 8 c:i o M ~ on N M 8 c:i on N o o c:i on N o o c:i on N o o or; r-- N o o c:i on N o o c:i o M ~ <= <= N 8 c:i on N o o c:i o M o C! on N M o o c:i on N o o c:i on N o o c:i on N o C! on r-- N o o c:i on N o o c:i o M -e ..c:: ..c:: ..c:: ..c:: ..c:: ..c:: ..c:: ..c:: .e- o 0 0 0 0 0 0 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 = (I,) (I,) (I,) (I,) (I,) (I,) (I,) (I,) (I,) :s ~ CZl ~ CZl ~ CZl ~ CZl ~ CZl ~ CZl ~ CZl ~ CZl ~ CZl 0 ..5 s s ..5 ..5 ..5 ..5 ..5 ..5 u ~ c;; c;; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ cu - - M ~ - - - N - M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V) -= 0 0 0 ~ 0 0 0 0 0 0 :I: b.G 0 0 E- o 0 0 0 0 0 0 E- - - V) - ~ - - - - - - c- = E- III cu V) V) ~ V) E- ui E- E- -< :i V) 0 - ~ E- - 0 E- N ui 0\ E- 0\ r-- M III \C E- M ~ ~ -< III ~ III ~ \0 - :i - ~ - on N 0 ~ 0 V) - ~ r-- e<: 0\ on on V) 00 on 0 0 -< M M ~ M E- E- O - ~ N V) M ~ U - -< CI:l <II V) Z :I: ~ 0 V) III 0 0 N E- :I: N j + 0 + CI:l + ~ + z + :I: + + IC + E- + ~ z ~ CI:l N E- ui .... \0 N \0 \0 r-- r-- r-- V) r-- r-- ui r-- ... -< ui ;:J vi ~ :a - ui - - - - - :I: - - - M M ~ M U M vi M 0 M E- M E- M vi M -< :i ...l E- V) .". -< E- ~ CI:l III E- -< E- ~ III -< -< ~ ~ III -< E- III III -< III ~ III ~ CI:l e= e= e= ::0 j:l.., e= 0 ~ j:l.., ~ ~ j:l.., CI:l j:l.., '" e<: e<: E- e<: e<: - ~ ~ III ~ ~ e<: = ~ ~ -< tI.l e ~ u ~ III -< ~ ~ 0 III ~ j:l.., ~ CI:l III CU on 0 - III r-- ~ \0 Z r-- r-- s:: r-- Z on Z \0 CI:l CU N Z on ~ 00 N N ~ N Z on ~ \0 ~ ... 0\ 0\ 0\ 0 0\ ~ 0\ 0\ 0\ ~ 0\ ~ 0\ llAl - ~ - ~ - - - - ~ - - - < \C -- \C ~ -- -- -- -- -- -- 9 N ~ E- :::! :::! 0\ E- 0\ E- - .... - E- ~ ~ - ~ CI:l E- E- - V) - V) ~ E- O -- -- - M M -- -- CI:l ~ -< CI:l V) -< -< V) CU M 2J M N -< -< - - -< - - CI:l U U U - U - U - U ~ . 00 ::0 ::0 . ~ . .... . ::0 N ::0 IC N N - IC - - III 0\ ~ ~ ~ N - - .... ~ 0\ - - \C N N I I I I I I I I I r;o;l fjl fjl fjl fjl ~ fjl fjl ~ ~ g r-- r-- r-- r-- r-- r-- - .... .... - - .... .... - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Co 'e- Co ~ 8 8 0 0 8 0 0 8 = \C 0 0 0 0 M Cll Co 0 0 0 0 0 0 0 0 ClC) ~ Co 0 00 on on - ClC) t""- on ..; Q.., M ~ ~ ~ ~ on ~ on ~ .... (,I') Co 8 0 0 0 ~ 0 0 0 Co lI'l 0 C! C! 0 0 C! = Co 0 0 on on on 0 <ri on Co Co on 0 t""- t""- N 0 t""- t""- M M N M N N M M M N =\ ~ 8 0 0 0 ~ 8 0 0 Co ~ 0 C! C! C! C! Co Co 0 0 on on on 0 on on = Co on 0 t""- t""- N 0 t""- t""- Co M N M N N M M M N M =\ (,I') .s::: .s::: .s::: .s::: .s::: .s::: .s::: .s::: .e- u u u u u u u U <U " <U " <U " <U " <U " <U " <U " <U " = II) II) II) II) II) II) II) II) = ~ tZl ~ tZl ~ tZl ~ tZl ~ tZl ~ tZl ~ tZl ~ tZl C .5 .5 s .5 s .5 s .5 u = - - - "'" - r-- - - al - - 5 ~ rn III ~ ~ '" ...:I is <ii <ii > :;l -= J. ... ... ~ <: 0 c 0 :;l ~ a:l C,j - <: <: !ii III 0 0 al <: ~ ~ \0 ~ ~ t""- <ii on ~ 0 ~ t""- ~ ~ Z - ~ .... 0 0 0 \0 on 00 on t""- on ~ on ... 0 rn - rn \0 \0 0 - ... 0'1 0 C ~ ~ <: on <: M <: ~ ~ ~ ~ - ~ - ~ J. .... rn 0 U U 0 ~ ..J ~ '" ..J rn .c c is ~ 00 :i <: ... e c. + + + - + ~ + + u + rn + <: rn ~ ~ 0 <: 25 0 ;2 0 = t""- - t""- t""- oo 00 ~ 00 ~ 0'1 0'1 Z :i - III - u - ~ - rn - - l"l - - ~ M M M M ~ M rn M ~ M M M <ii 0 ~ <: III rn M ~ U <: ... ~ ~ <ii u <: ~ ~ . rn '" <: ... 0 ~ ~ ~ M <: i:= ~ i:= ~ ::s l"l =- ~ ;S =- t>l ~ ~ .... ~ ~ ~ ~ ~ ~ t>l = ~ rn Z ~ <: i:= ~ ... ~ ::s !t =- ~ <: <: rn ~ ~ ~ ~ ~ ~ M N ~ M N 0 00 - 00 ~ ~ on t""- \0 Z \0 0'1 ~ \0 ~ t""- \0 Z ~ ... ~ ~ ... J. 0'1 0'1 0'1 ~ 0'1 0'1 0'1 0'1 0'1 <: DQ - ~ - - - - <: - ~ - - ..( -- -- 0 -- -- -- ~ -- rn 0 rn -- ~ 0'1 ~ t""- ... t""- t""- oo a.: ~ .... ~ ... N a.: - -- ... - =- -- ~ - ~ c -- -- rn M -- t""- -- cJ 0'1 rn ....; <: rn ....; ~ - <: t""- cJ N <: N ci cJ on 0:: cJ .... u - u u - " \0 0 0 ~ . . ~ . ~ '" 0 '" - l"l '" - r-l ~ f"l .... I '? r-- .... f"l ClC) M I '? r-- .... f"l M .... , '? r-- .... f"l ~ ~ r-- r-- '? M ~ Co I I ~ '? '? '? ~ r-- r-- r-- r-- .... .... .... .... .... f"l f"l f"l f"l f"l Florida East Coast Railway, L.L.C. Yearly Rate Schedule* New Utility Licenses Effective: January 1,2005 Size (dia.) Water and Sewer, (storm & sanitary) Non-flammable fuel pipelines Up to 11" 12" to 23" 24" to 35" 36" to 47" 48" to 59" 60" to 71" 72" to 83" 84" & up (all subgrade) Flammable or Hazardous Fuel Lines Transmission Distribution Service Communication Lines (overhead and **subgrade) Per Cable / Innerduct Schedule $ per linear foot WI W2 W3 W4 W5 W6 W7 W8 $4.00 4.50 4.80 5.10 5.40 5.70 6.00 to be determined FI F2 F3 $6.00 5.00 4.00 Cl $4.25 Electric Power Lines ** subgrade requires installation ofFEC Dedicated Ducts and associated handholes. Transmission Distribution Service Miscellaneous facilities PI P2 P3 to be determined " " PoleIDownguy Ml Junct Box/Manhole M2 $400 $400/800 Minimum Yearly License fee (applies to aU utilities) (each) (each) $400 * A one time perpetual license fee may be charged vs. a yearly fee at the Railway's discretion. All completed applications must be accompanied by a $500.00 non-refundable processing fee, and twelve copies of plan and profile drawings of the proposed installation. (preferable size I I" x 17" or smaller) RateSched.200SA.doc THIS BLANKET LICENSE AGREEMENT, made and entered into, in duplicate, this 18th day of March A.D.,1997 by and between FLORIDA EAST COASTRA.n..WAY COMPANY, hereinafter called "Railway" and the CITY OF DELRA Y BEACH, a political subdivision of the state of Florida, 100 N. W. 1st A venue, Delray Beach, Florida 33444, hereinafter called "Licensee", WITNE SSE TH: WHEREAS, the Licensee has heretofore constmcted and now maintains overhead and subgrade appliances and fixtures crossing on and across the Railway's right of way and over and under the tracks and facilities of the Railway at points listed on the schedule marked "Schedule A" attached hereto, and WHEREAS,the Licensee may desire in the future to constIUct and maintain additional crossings using certain pipes, poles, guys, anchors, suspension lines for the same, all of which are sometimes hereinafter called "appliances", "fixtures", or "facilities" on and across the right of way and over and under the tracks of the Railway from time to time at other points along the right of way of said Railway, and WHEREASJ>oth parties hereto are desirous of entering into an agreement which shall cover the terms upon which such crossings have heretofore been and may hereafter be made, NOW THEREFORE, the Railway, for valuable consideration and the covenants and agreements of said Licensee hereinafter set forth. does hereby give to Licensee the right and privilege to construct, install and maintain said appliances, IlXtures, facilities or crossings on and across Railway's right of way and over and under the tracks and facilities of said Railway at the points listed on the schedule marked "Schedule A II attached hereto and by this reference made a part hereof, and at such other points along its line of railroad that may be hereafter requested in advance of any constmction or installation by the Licensee and subject to the approval of the Railway, upon the following terms and conditions, to-wit: I. Whenever the Licensee shall desire to construct, modify, or maintain said appliances, fixtures, facilities or crossings, it shall make written application to the Railway, as per attached fonn, in duplicate, together with twenty (20) prints of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be mailed to Manager, Industrial Development and Real Estate, Florida East Coast Railway Company, P.O. Drawer 1048, St Augustine, Florida 32085-1048, along with check made payable to Florida East Coast Railway Company to cover applicable non refundable application fee. 2. Plan shall show all information for carrier pipe and casing pipe, if used, and angle of crossing, Railway survey station, or distance to nearest mile post, right of way lines, tracks and all other Railway facilities near point of crossing. Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe, proposed method of installation, and location of jacking pit, which shall not be closer than thirty (30) feet from the center of nearest track. Open-cut method of installation through Railway's roadbed will not be permitted. 3. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection ofa suitable monument located on each side of the Railway's right of way. 4. The Railway shall, in writing, notify the Licensee whether it has any objections to the proposed crossing work and if so, shall specify the same, in which event, no crossing work shall be commenced by the Licensee hereunder until it receives the written approval of the Railway. If the Railway finds no objections to said crossing work, it will so notify the Licensee and the Licensee shall be permitted and allowed to commence the crossing work proposed. " S" '- File: 317-3-0 317-3-oA.ACM I'IIge 1 5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good and workman-like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway. Within 30 days after completion of construction or installation, Licensee shall certify to Railway in writing that fixture has been installed in substantial conformance by the plan attached to this agreement. 6. The Licensee shall construct and maintain all appliances or fixtures crossing over, under or across the Railway's tracks and right of way, in conformity with Railway's specifications, together with such other laws and regulations as may be applicable. 7. If any crossings hereunder consist ofa pipe or conduit to extend under the tracks of the Railway, the same shall be located not less than ~ feet below the bottom of ties in such tracks, and properly safe-guarded as may be necessary or as required by Railway. If it is a wire line to extend over the tracks of the Railway, the same shall be located not less than ~ feet above the rails with additional clearances at certain locations as prescnbed by Railway. The poles carrying such wires shall be double-bracketed and of good and sufficient quality and size f~r purpose intended and located as hereinafter designated by the Railway. All poles must be securely planted and fastened so as to prevent the same from falling on the tracks or other property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located upon any of the Railway's property without its prior written permission. 8. In addition to the other terms of this agreement, any subgrade or above grade crossing of the Railway's right of way is subject to the terms of the "GENERAL SPECIFICA nONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF TIlE RAIL WAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway Company, the terms and conditions ofwbich are incorporated herein by reference. 9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law. Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any communication or signal1ines of the Railway or any licensed communication utility on the right of way of Railway, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent signal1ines or communication lines, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive interference. 10. That Licensee shall and will cause due notice, and in no event less than forty-eight (48) hours, excluding Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed or other property of the Railway with such crossings or for excavations therefor, in order that proper protection may be provided for trains. If Railway shall object to the notice as too short, or that the work has not therefore been authorized in writing by Railway, then no such work shall be commenced until approval is obtained in writing from Railway. I 1. That said appliances, fixtures, facilities or crossings of the Licensee shall not at any time interfere with or endanger the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements of the Railway, or of any other party thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith change, improve or repair such appliance or fixtures as may be prescnbed by said Railway. 12. Should the provisions contained herein cause any change or alterations in the location or arrangement of the wires, poles, appliances, fixtures or facilities of the Railway or the wires poles, appliances, fixtures or facilities of any licensed communication utility on the right of way of Railway, the cost of such alternations or re-arrangements shall be paid by the said Licensee. 13. Licensee agrees that if: by reason of any changes or additions made at any time by the Railway in its tracks, right of way, structures and appliances thereon, or property, it becomes necessary to change the location of all or any part of the said crossings of the Licensee therefor, such changes as are necessary shall be made by Licensee promptly at the request of the Railway and at sole cost and expense of Licensee. 317-3-0A.ACM Page 2 14. Licensee hereby assumes, and shall at all times hereafter release, indemnify, defend and save Railway harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Railway may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Railway), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the presence, existence, operations or use of pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, Except when proven to have been caused solely by the fault, failure or negligence of Railway. However, during any period of actual construction, repair, maintenance, replacement or removal of the pipeline, wherein agents or personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute, to the extent permitted by law, irrespective of any sole fault, failure or negligence of Railway. Notwithstanding anything to the contrary contained in this agreement, no provision herein is intended or shall be construed as a waiver of sovereign immunity beyond the provisions of Section 768.28, Florida Statutes. IS. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operations of LicenSee. 16. Commencing with the initial term. of this Agreement, Licensee shall pay in advance unto Railway for each year or fraction thereof, of the life of said crossings or other facilities, the applicable sums as listed on Schedule "A" attached hereto and made a part hereof, together with such future increases that may be dictated by market conditions. 17. In the event any other appliances, fixtures or facilities or crossings upon or across the right of way of the Railway shall hereinafter be found to exist as of the date hereof, although not shown on Schedule attached hereto, or to have been added during the life of this agreement, such appliances, fixtures or facilities or crossings upon or across the right of way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the crossings or other facilities shown on the attached Schedule and all the terms of this agreement shall apply to such additional wire line facilities. 18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee without prior written consent of the Railway having been first obtained. 19. Licensee waives and relinquishes any legal rights and monetary claims which it might have against Florida East Coast Railway Company for full compensation, or damages of any sort, including but not limited to special damages; severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property specified in this Agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. 20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not perform any work on Railway's property without having a railroad watchman present at all times work, hereunder is being performed, if one is deemed to be necessary by the Railway's Chief Engineer or other designated Company official; further, that Licensee covenants that it will include in any con1ract which it lets for the whole or any part of the said work to be performed hereunder by or for the Licensee, each and evCI}' of the following terms and conditions of the two (2) pages attached hereto and made a part hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECf AT COST OF CONTRACfOR OR LICENSEE," and, "INDEMNrIY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACIUAL LIABILITY ENDORSEMENTS TO CONTRACfOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES." 21. In the event Licensee shall defiwlt in the perfonnance of any of the covenants contained in this agreement to be kept and performed by Licensee, and such default shall continue for thirty (30) days after written notice thereof shall have been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be declared forfeited as to the crossing or crossings or other facilities where such default occurred and thereupon all rights of the Licensee shall cease, as to such crossing or crossings or other facilities and Licensee will, at its own expense, remove said wire or pipe lines from the property of the Railway at such crossing or crossings, or other facilities. In the event of failure of Licensee to do so, the Licensee will promptly reimburse the Railway for its cost of doing the same. 317 -3-oA.AGM "'3 22. This agreement shall supersede all other contracts and agreements heretofore made between the Railway, and former Trustees of its property, on the one part, and the Licensee and all other predecessors and subsidiaries of the Licensee, on the other part, covering all crossings, appliances, fIxtures or facilities presently on or across the right of way of the Railway. The existing crossings shall be conclusively held to have been constIUcted under equivalent terms and conditions as those herein, and shall be maintained under the terms of this agreement. 23. Either party hereto shall have the right to cancel this agreement as to anyone or more of the existing crossings, appliances, fixtures or facilities as shown on the attached Schedule or to any future crossings, appliances, fIxtures or facilities at any time upon thirty (30) days' notice in writing to the other party. 24. This agreement shall be for a term of one (1) year and shall be automatically renewed for additional terms of one (1) year subject to the terms and conditions herein contained. PROVIDED AL WAYS, that this agreement shall be subject to cancellation during the initial term or of any renewal term, in the manner hereinbefore provided in Paragraph No. 23. 25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 26. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or other charges or any nature whatsoever shall be levied or made against the Railway or against its property on account of the installation or existence of Licensee's facilities at this location. 27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the Licensee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by the Railway shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same shall be paid 28. This Agreement shall be construed in accordance with the laws of the State of Florida. 29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and each acknowledges and affirms that no promises, agreements, representations, terms or conditions other than contained and set forth in this Agreement, either express of implied, have been made or relied upon. 30. RAILWAY AND UCENSEE HEREBY KNOWINGL Y, VOLUNTARILY AND INTENTIONALLY W AWE TIIE RIGHT THAT TIlEY MA Y HAVE TO A TRIAL BY JURY IN RESPECf TO ANY LITIGATION BASED ON TIllS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION wrrn TInS AGREEMENT. THE PARTIES SPECIFICALLY AGREE TO VENUE IN PALM BEACH COUNTY, FLORIDA. 31. In the event of litigation between the parties in connection with this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee. \\ \ \\ \\ \\ \\ \\ \ \ \\ \ \ \\ \ \\ \ \ \ \\ \ \ \\ \ \ \ \ \ \ \\ \\ \ \\ \ \ \\ \ \ \ \ \\ \\ \ \ \ \ \\ \ \ \\ \ \ \ \ \ \\ \\ \ \\ \ \ \ \\ \ \\ \ \\ \ \ \\ \\ \ \\ \ \\ \ \ \\ \ \ \\ \ \\ \ \\ \ \ \ \ \\ \ \ \\ \ \\ \ \\ \\ \ \\ \ \ \ \\ \ \\ \ \\ \\ \ \ \ \ \\ \ \\ \ \ \\ \\ \\ \ \ \ \ \ \ \ \ 317-3-0A.AGM Page .. IN WITNESS WHEREOF, the parties hereto have caused these presents to the duly executed in duplicate the day and year first herein written. FLORIDA EAST COAST RAILWAY COMPANY, a Florida co~oration, (seal) Date of Execution: y- .?-9-? _asmAg=r;n~ o.~ f3dAJrJ. I AUostIJy~~ ",/; lJ)I1Jj City Clerk v-r I Approved as to form end legal .Ulllcl.~ ~ By: ~ ~. w<-..- ~~City Attorney File: 317-3-0 317-3-oA.ACM Page 5 'C ... GI =" 8 8 0 0 0 0 8 0 ~ - C! 0 0 0 C! . GI .,.j .,.j lI"i 0 0 0 CoI '" on on ..... :e; ,Q r-- r-- r-- r-- on on on r-- :0 f'... = N N N N N N N N 0\ .5 fI) ~ I ... oCl . ~ ~ 0 8 0 0 ~ ~ 0 -c 0 .5 0 0 0 0 0 ~ 0\ g g 0 0 on on .,.j 0 GI 0\ 0 0 r-- r-- r-- 0 - . 0\ N N N N - - - N 'C .... t- . '" 0 0 0 0 0 ... :5 0 0 GI 0 C! 0 C! 0 0 0 I 0 ;. 0Cl lI"i on lI"i on 0 0 0 .,.j I I r-- .a 0\ N N N N 0 0 0 N t<'l t:: = 0\ - - - - - - - - I DO < .... I r-- - - "- = t<'l t<'l 0 011 = 0 0 0 0 0 8 :5 0 = 0 0 0 0 0 0 Ii - = r-- 0 0 0 0 0 0 0 0 = .u. 0\ on on N N N N N N il GI GI GI 0\ e - = .... . II f Cl 011 t- II < . GI l: 'I '" ~ :1 = -= 'fi -= -= -= -= -= -= " GI .a II CoI .t> u u u u u u u :s = .., 0 .., 0 .., 0 .., 0 .., 0 .., 0 .., 0 .., 0 I, < = u u u u u u u u [' ~ = l%l fI) l%l fI) l%l fI) l%l fI) l%l fI) l%l CI.l l%l fI) l%l fI) - 0 e .5 .5 .5 .5 .5 .5 .5 J ~ I - = .. .., en .., .., .., If .., .., ~ . I:I.t I:I.t ~ I:I.t I:I.t I:I.t I:I.t I:I.t - = J Q -< f-o Iii = ~ W en Iii ~ . GI > tri :c = - N a:I ~ N ~ f-o - .J - ~ - ~ . =i ::r:: ~ ~ ::E ~ ~ ~ & ~ f-o ~ en I ~ U U ::: W en ~ ffi != ::: !: z :i ::E !; 8 :5 = 8 =i 0 ~ :5 '" 0 0 0 - GI en w 0 w 0 0 0 w u - lIo - ~ - f-o - > - w - - :i :; .~ -= :5 -< ~ w :i ~ "8 - lIo = 011 0 ~ f-o -< lIo ~ -= = -< en CoI ~ GI f-o f-o 0 ~ a- 0 Z fI) .:l -< -< en ::: en eo.. i?: b ~ 0 Q DO ~ t<'l 0 on on .J t<'l 0 v i: t<'l en W i?: ... t<'l 01 i?: v -< \Q ~ \Q ::: DO 0 - \Q S 0 en \Q on U t<'l on f-o on Z N = N en V -< V en N N t<'l V V -< U V ~ . en -< w W U GI V u :!: . a- :i .!:l - . 0 . . Q v '" ~ . .... .... g: ~ t<'l 0 0 i?: i?: f-o ..,J t<'l =- + i?: + .... + + + i?: + ell: + -< + i?: ~ i?: i?: w rn V V on on w on on f-o on W on rn i?: -< a- ell: e:: ~ < :a - - = - - - - -< - - t<'l -< t<'l W t<'l ::E t<'l g: t<'l W M ~ M a- t<'l ~ w ti ::E ~ w = Z = ~ W ~ W W ~ = f-o en ~ W ~ en ~ ~ >- ~ en ~ '" Q ~ -< = ~ ~ ~ Z w ~ :> u - w ~ N e = w :z: ~ :z: :z: ~ j GI ~ e .J < U t<'l a:I t<'l -< \Q en t<'l f-o 01 en r-- < M f-o t<'l 0 < GI ~ ~ ~ en ~ ~ ~ en DO ~ ~ ~ on en t::: ~ .; - f DO It DO ~ ~ - ~ r::: ...,; -< Q; ~ N 011 - - Q - - Q - ~ - cj .r; -= -< "- "- a- \Q "- . - - 0 . "- u on . on . . M ~ N . on . - ~ N . j ~ u "" 00 00 \C . .... 00 ~ 0 l%l .! i z ] . - - - - - - - - Cl 01 01 0\ 01 c- o. 01 01 .,j 0 N N N N N N N N ::e 0 u r-- r-- r-- r-- r-- r-- r-- r-- - Q I I I I I I I I t<'l t<'l t<'l M t<'l M t<'l t<'l ~ ~ ~ ~ v ~ ~ ~ \Q WI N ~ \Q fO') 0\ r-- f? f? f? .,. ~ - ... N ~ ~ 'It: 'It: V 'It: I 'It: I ~ I 'It: V ~ ~ fO') ~ ~ ;t '? '? ~ - ~ u u u u u 0 0 0 0 0 0 r-- 0 r-- 0 0 u S .... ... ... ... ... ... ... .... M Q fO') Q fO') Q fO') Q fO') C. fO') Q fO') Q M Q IS; CI'I i- I' I i~ I g u I, ~ ii ~ ! I Ii; il i' I · I~ I = I~ I I I: I~ o ~ V'I f' - 00 CI'I CI'I - g vi N - o o o N .c u to 0 ~ ~ .5 to ~ u ~ Iii M ~ "" U) :r:: I- o 00 o pj - :i I- < ~ ..J ~ ~ - 0 V'I N .c - ell 1:1 ~ - . o eo j I- < + 0 V'I ~ ;:; ~ lJ,J A. o ~ ~ - ~ ~ < M N s: :; \Q - 1:1 u e I .. ell < ... o u - . Q - 0\ N f' I M V1 ~ ''It: t';l U f' 0 r;; Q ~ V'I N N ~ V'I f' - o o o o - g o N .c u to 0 ~ ~ .5 to ~ ~ o o - ~ ~ ..J \0 ~ M 0 _ CtI V'I lJ,J >< Q + ~ V'I lJ,J - A. M lii: Ill: I:! ~ :z ~ \0 ~ t; t:! tS - . - \Q - 0\ N f' I M ~ ~ ''It: ~ ~ r;; Q g o V'I N o o o o N o o vi N - g o N -5 U 0 !:Q ~ .5 to ~ ~ U) ~ e lJ,J :z 8 l5 en ~ U) tS M . N 00 00 - 2: Ill: lJ,J + ~ \0 U) - >- M cc: i:5 z < U) :z ~ M I- ~ U) r-;tS ~ ~ - - 0\ N f' I M ~ ~ ~ ~ ;;; Q g o V'I N o ~ V'I f' - o o o o - o o o N .c u to 0 ~ ~ .5 to ~ ~ 8 Iii ~ U) :r:: ~ ~ !::: ~ ~ + ~ \0 lJ,J - A. M lii: cc: I:! < ~ :z ~ \0 t:! l- N ~ C:! u - . - \Q - 0\ N f' I M ~ ~ ~ ~ f' 0 r;; Q g o V'I N o o vi N - o o o N .c u to 0 ~ ~ j to ~ N ~ o o - I- lJ,J ~ V'I ~ ~ l'"\ N pj :i I- < + 2: \0 < ;:; ~ cc: ~ I- ~ ~ es f' I- !C U) 2l tS ..... . - \Q - - - 0\ N f' I M ] "? ~ ~ _ 0 fO'l Q g vi f' N o o o o N 8 vi N N g o V'I - o o o N .c u U 0 !:Q ~ .5 to ~ Iii ~ M U) ~ ~ .., o ~ o I- - < ~ U) tS O. M . . N N 2: Ill: lJ,J + ~ \0 rI:l ;:; ~ ~ ~ U) ~ es \0 I- ~ U) ~ tS ..... . - N - - 0'1 N f' I M = ~ ~ "It: t';l U t"o 0 r;; Q 8 o o M o o o V'I N g vi f' - o o o N -5 to 0 ~ ~ .5 to ~ Iii ~ ~ ~ o .., o ~ - :z I- < ~ 0\ U) ; tS N ~ .., 2: + f \0 lii: - Ill: M lJ,J ~ lJ,J U) Q ~ ~ It ~ ~ ~ d ..... . N . _ N - 0'1 N f' I M - ~ t';l ~ ~ r;; Q 8 g M ~ V'I f' - o o o o - g o N .c u to 0 ~ ~ .5 to ~ - Iii ~ ~ U) o Q o :z _ N pj :i lZ. o lJ,J o Q ~ rn M :r:: t: o + :z ~ ~ < lJ,J A. lii: Ill: I:! - ~ ~:z ~ ~ . \Q - 0'1 N f' I M 00 ~ ''It: t';l U f' 0 r;; Q o o o V'I N o o vi f' M g o o M o o vi N N o o o N ~ C) 0 !:Q r.I.l .5 to ~ Iii ~ Q ~ ~ pj o :i o I- - < r:.l A. lii: Ill: o ~ 0'1 r:.l o U) M ~ ~ U) ~ ~ M U 8 Q r:.l ~ - ~ ~ ~ ~ ~ \C5 $ - 0\ N f' I M N~ t?~ t"o 0 ;;; Q o o o V'I N ":to ~ '" ~ ~ 8 vi r-- - o o o o - o o o N .c u to 0 ~ r.I.l .5 to ~ ~ o o - I- lJ,J ~ - l- . U) - Q M :z N pj :i + I- \0 < - r:.l M A. lii: 2: ~ Q ~ V'I t:! t; ~ tS M ~ - 0\ N f' I M ~ ~ ~ ~ _ 0 fO'l Q \ I I ~ i g g 0 0 0 8 8 0 g 0 1s> <=! 0 0 0 0 ... 0 g lI"\ 0 0 0 vi 0 g 0 .... .Q I lI"\ N lI"\ lI"\ lI"\ r-- lI"\ lI"\ :0 :I I N 1""\ 1""\ N N N N N 1""\ N rll ~ I 0 0 0 0 g 0 0 0 0 0 I I 0 0 0 <=! 0 0 C! 0 0 0\ I vi vi 0 lI"\ vi vi 0 lI"\ vi vi 0\ r-- N lI"\ r-- r-- r-- 0 r-- N r-- 0\ j - N N - - - N - N - - I I I 8 8 ~ 0 8 0 g 0 8 0 0 0 0 0 oc I g 0 lI"\ 0 g g vi 0 0 0 0\ lI"\ r-- 0 N 0 lI"\ 0 0\ - - - - - - - - - - I I 8 8 0 0 8 0 0 0 g g 0 0 0 0 0 I; r-- 0 0 0 0 0 0 0 0 0 0 II 0\ N N N N N N N N N N 0\ - I. I ..c ..c -5 ..c -g ..c ..c .c: -5 ..c ~ u u u u u :il u to 0 to 0 to 0 to 0 0 to 0 to 0 0 to 0 to 0 = u u u u u u u u u u :I I::l:l CI.l I::l:l CI.l I::l:l CI.l I::l:l CI.l I::l:l CI.l I::l:l CI.:l I::l:l CI.:l I::l:l CI.:l I::l:l CI.:l I::l:l CI.:l 0 e II II e II II II II II II C,) c; to ~ c; to to to to to to Q., Q., Q., Q., Q., Q., Q., Q., Q., u ~ ..: en ... - 1""\ ~ Iii - - - ~ - ~E - ~ ~ ~ ~ ~ ~ ~ ~ en ~ ... III en I- en g g - g en 0 0 0 0 0 g I- 0 W I- 0 0 0 0 0 -< 0 - - :i - en - - Iii - - - - - ..c ... - I- ~ ... ... W I- ~ w Iii Iii De ] -< :i III ~ en = ClI: ~ I- ~ -< III U en I- ~ ~ ~ l- I- e Iii en l- t) en -< en en . en - S N 0\ 0\ :z r-- 1""\ ~ IQ 1""\ ... IQ ..,. e III - ~ - e - N lI"\ ~ N 0 ::c g N 0 ::c - :z r-- en 0\ lI"\ :z lI"\ ::c oc lI"\ 0 I- ~ lI"\ I- 1""\ N 1""\ ~ 1""\ en N !5 - N W 1""\ ..... ..,. ..,. 2 W t5 w en rIi W ~ i: w ... :i ~ rIi 0 I- rIi -< rIi l! I- ...l I- en ... -< I- ::E en III !< -< l- e. + -< + ~ + III + -< + + ~ + ~ + + III + -< .!t IQ W IQ IQ I- r-- III r-- r-- r-- r-- III r-- ~ r-- III -< llo.o W i - llo.o - - en - llo.o - llo.o - 0 - ::E - ii: - - llo.o 1""\ ii: 1""\ 1""\ . 1""\ ii: 1""\ ii: 1""\ 1""\ 1""\ 1""\ It 1""\ ii: t) '" en c:c c:c c:c ~ .... c:c c:c I- ~ III c:c c:c ~ ~ w -< w ~ ~ I- III t) ~ w -< ~ ~ I- W e w ~ llo.o ~ -< en :i en ii: III ~ :z w ~ ~ :z en ... ~ :z :z ~ ~ J:l ~ e ~ e IQ I- - It r-- ~ IQ I- r-- ~ r-- ~ r-- I- lI"\ ... IQ e 1""\ u ~ en ~ ~ oc ~ ~ en ~ I- ~ I- 11"\ en ~ en ~ ... ~ I- u -< \a t5 en en Oi t5 t5 en en .. N ~ ~ tS ~ t5 0\ - t5 -< De t) ~ - en - - ~ t:! t) -< - . . N . - . 1""\ 1""\ - . - . :::! 1""\ ..... 00 ~ . . - ~ - :::! 0 . - . .... N - N '" '" - - - '" \Q 0 U ... . - - - - - - - - - - ~ 0\ 0\ 0\ 0\ 0\ 0\ 0\ 0\ 0\ 0\ N N N N N N N N N N r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- , I I I , I I I I I 1""\ 1""\ 1""\ 1""\ 1""\ 1""\ 1""\ 1""\ 1""\ 1""\ ~ 0\ ~ 1""\ ~ ~ ..,. ~ ... ~ ~ N ~ - ~ 1""\ ~ ~ - f? 0\ """ - "ljl N ~ - 'It: I g ~ I ~ I ~ I ~ 'It: I ~ ~ I 'It: IiIil f? u 1""\ ~ 1""\ f? f? f? g ~ ~ f? u ~ r-- 0 r.!. 0 r.!. 0 r-- 0 r-- 0 r-- 0 0 r-- 0 E - Q - Q """ Q - Q - Q - Q - Q - Q - Q - Q 1""\ 1""\ 1""\ 1""\ 1""\ f") 1""\ 1""\ 1""\ f") ') ~ 8 ~ 0 8 8 0 0 = ~ c:r 0 ~ 0 = Gol g .,.. ori ori g V') ori ;d ~ III oCl r-- r-- N r-- r-- :0 = M N N M M M N \C rI} ~ ~ lilt ~ 0 0 0 0 8 0 0 0 0 0 0 = 0\. .,.. g 0 0 ori g 0 = 0\ N 0 .,.. N 0 iii 0\ N N N N N M N N - - r: lilt 8 0 0 0 0 0 0 0 0 0 0 ~ 0 = QO 0 ori ori ori 0 V') ori = 0\ .,.. N N r-- V') N N iii 0\ - - - - - N - - N II) ~ 0 8 0 0 8 0 0 0 0 0 0 0 = I I'-- 0 0 0 0 0 0 0 = 0\ N N N N N N N = 0\ I - ~ Ii lilt I I .= .= ..cl .= ofi .= ofi ~ U u u u u 0 '" 0 '" 0 '" 0 '" 0 ~ 0 '" 0 s::: u u u u u = ~ en ~ en ~ rn ~ en ~ en ~ rI} ~ en 0 ..e ..e ..e ..e e e ..e l;.) '" cf '" '" -; -; cf Q.. Q.. Q.. Q.. Q.. .,.. M I- ~ . Gol Iii m cz. ~ - m M' . M ~ :: ~ ~ \C ~ " ~ ~ l- i: ~ ~ ~ ~ ...,. ..... % m W W . W ..J :: u) u) w > ::;) 8 8 0 0 . 0 0 0 ~ I- 0 I- 0 ~ 0 < 0 0 0 - - - - = - - = < < . .CI W ~ ~ ifi ~ ~ 'E - DIl u) > % 0 s::: I- m m < 0 Iii u ~ < ~ < cz. ~ ~ ~ U 0 ~ ..J r-- 0 .,.. . 0 ..J r-- ~ m ~ - .... 0 ~ 8 00 \C V') :Z 00 < .,.. r-- I- 0 .,.. - W \C \C U - m 0\ < m !:! 0 .. ~ < .,.. ~ M ~ ~ . - ~ - 0 Gol ~ ...,. U lZ m .... ~ oCl - . . m .... E III 0 w ::! < ~ W m 0 .... ~ U ~ u) ~ = j + ~ + w + ~ + . + + + . Z r-- r-- m 00 00 \C 00 < 0\ I- 0\ 0 j - lZ - ~ - w - .... - ::l!l - < - .... M W M M ~ M ~ M M ~ M ~ ~ ~ is: w W lZ ~ ~ ~ W m % w < ~ ~ I- ::l!l ~ Q is: < ~ ~ m =: =: = > % w w w - ~ ~ % I- ~ ~ l- s::: ~ ~ ~ Gol W m E 0 m N ~ M I- ~ 0 ~ 00 ~ - c.: 00 ~ ! S ~ m I- ~ ~ ~ d ~ ~ m d r-- < r-- el ~ d ll:! ~ d DIl ~ - - - ~ ~ ~ . M U ~ ~ . ..... ~ 0\ . r-- 2 . ~ .,.. 2 .... - ...,. - .... \C 0 Gol - . - - - - - - - Q 0\ 0\ 0\ 0\ 0\ 0\ 0\ N N N ~ N N N r-- r-- r-- r-- r-- r-- 0 0 I 0 0 I I M M M M l'f'I l'f'I l'f'I QO ~ N ~ ~ ~ ~ ~ ~ r-- ~ ~ N - I'-- fjl N N I ~ I ~ I (3 (3 I (3 I ~ = (3 f;ril fjl U fjl ~ fjl ~ f"I ~ U ~ ....;l I'-- 0 I'-- I'-- 0 0 to!. 0 0 0 r;:: - - - - - - - f"I 0 f"I 0 f"I 0 f"I 0 f"I 0 f"I 0 f"I 0 ') INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect, insurance policy or policies in the limits of $1,000,000 each person injured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence directly by Contractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance POlicies insuring Contractor against loss or damage to Contractor upon the indemnities concurrently extended to the Florida East Coast Railway Company and within the limits specified in this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman's Compensation Insurance Policy as available in the state of Florida. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company, shall be in a form satis- factory to its Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the state of Florida that has a "Best's" rating or A or A+ and a financial category size of Class XII or higher. ') INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless the Florida East Coast Railway Company from and against all judgements, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subj ected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway Company, employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,000,000 each person injured or killed, and $2,000,000 each occurrence. B. Loss, damage, injury and loss of use or any real personal property (a) in which Florida East Coast Railway Company has any ownership interest and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $2,000,000. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty-eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Railway Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to, via, and from the lines of railroad of other railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks, as the case may be, of the Florida East Coast Railway Company at or within one hundred (100) feet of said area. FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF CHIEF ENGINEER * * * * GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF RAILWAY'S RIGHT OF WAY I. GENERAL PROVISIONS A. A plan and profile drawing containing all pertinent details for the proposed crossing shall be submitted to the Office of the Chief Engineer for approval preliminary.to prepar- ation of an agreement if approved. B. The plan will show all information for the proposed crossing installation with reference to the nearest Railway survey station or distance to nearest mile post, Railway right of way, tracks, or any other Railway facilities or structures in the vicinity. C. Request for installation shall be accompanied with a letter signed by the owner, company official, or government agent. D. The lessee will be responsible for any and all costs of re- pairs or maintenance of the Railway's property and structures disturbed or damaged due to the installation or construction after effects. E. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for and during construction. II. SUBGRADE PIPELINE AND CABLES (Also see Addendum, p.6) A. All subgrade carrier pipelines and wirelines will be installed within a casing pipe. 1. All casing pipes will extend from right of way line to right of way line. 2. The Railway will not permit casing installation by open-cut method through the roadbed. B. Application will be accompanied with plans showing profile in relation to actual ground, track, and other facilities at the project site. 1. The method of installation will be detailed including the location of jacking pit as measured from centerline of near track. 1 ') 2. The casing pipe must be installed at least 5.5 feet below bottom of tie. 3. Jacking pit location must be at least 30.00 feet from centerline of near track for pit down to 20 feet below grade. The pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the Railway's roadbed. Barricades and lights will be set around the pit for protection. C. Casing Pipe Specifications are as follows: 1. Casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 8.0 inch diameters must be gal- vanized and standard weight ASTM Specifications A53, Grade B. Thread coupling is allowed. 2. Casing pipe 6.0 and 8.0 inch diameters may be used complying with C-3. 3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by a black bituminous coating for PROTECTION AGAINST CORROSION. Wall thickness shall be as follows: DIAMETER (inches) THICKNESS (inches) 6 - 16 18 - 20 22 - 24 26 - 28 30 - 34 36 - 38 40 - 48 52 - 56 60 - 66 72 - 78 84 - 90 96 - 102 108 - 114 120 V4 5/16 3/8 7/16 1/2 9/16 5/8 11/16 3/4 13/16 7/8 15/16 1 1-1/8 4. All casing pipe joints will be welded in accordance with AISC Specifications, Section 1-7-2. All joint welds will be full penetration. 5. At no time will construction interfere with the normal and safe operation of the Railway. No construction, manpower, or equipment will enter the right of way beyond safety clearance limits of 20.0 feet from the centerline of near track. 2 6. All casing pipe installations where the diameter is greater than 48 inches will require a preconstruct ion conference at the project site. 7. Preconstruction arrangements will be made with the office Chief Engineer at least one week prior to construction. A Railway inspector must be present during the entire construction of the casing pipe. The inspector will have complete authority over the project on the Railway's right of way. 8. All costs to provide inspection will be borne by the lessee. D. Tunnel liner requirements are as follows: 1. All applicable preceding sections will govern tunnel liner usage proposals. 2. Tunnel liner plate will be 12 Pi, galvanized, and all bolts and nuts will be galvanized. 3. Live load will be based on E-80 Railway Loading using applicable formulae and computations performed by a registered professional engineer. The computation results will accompany the plans for review by the Office of the Chief Engineer. 4. Grout holes will be provided at 10 foot intervals along the roof and sides. 5. The tunnel liner jacking shield will protect 180 degrees of the upper section and material removed to allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden. 6. The tunnel line installation will progress with sufficient manpower and supervision for around the clock construction until the liner is completed. E. Carrier pipeline specifications are as follows: 1. Reinforced Concrete Pipe a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASTM Specification C76 Class IV for Railway strength pipe or current specification for prestressed concrete pipe. 3 b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specification on SP5, or equivalent. Joints for bell and spigot and tongue and groove pipe to be in accordance with current standard practice. Joints may be made using confined continuous rubber gasket. 2. Cast Iron Pipe a. Materials: Pipe must conform to current ASTM Specification A142 for "Standard Pipe." b. Joints: Bell and spigot, caulked with lead and oakum, or and approved mechanical type. 3. Polyethylene Pipe a. Materials: Pipe must conform to current ASTM Specifications 02104, Schedule 40, for standard pipe. 4. Steel Pipe a. Materials: Pipe must conform to current ASTM Specification A120, Schedule 40. b. Joints: All joints must be welded or of an approved mechanical type. F. Carrier pipe with and internal pressure less that 30 psi shall have the ends of the casing pipe sealed after installation. G. Carrier pipe with and internal pressure of 30 psi and over shall have the casing pipe open at the ends if local conditions permit water from leaks to discharge into drainage ditch of manhole. If this is not practicable, the casing pipe shall be sealed at both ends and 4 inch relief vent provided at either end off the Railway'S right of way, which shall discharge into drainage ditch or sewer. Casinq nine shall have a minimum inside diameter of 6.0 inches qreater that the maximum outside diameter of the carrier nine. includinq bell ends of flanqes. H. Uncased high pressure gas pipe line crossings will be permitted provided they comply with the requirements of Chapter One, Part 5.2, Specifications for Uncased Gas Pipe Line within the Railway Right of Way (1993), as is contained in the "Manual for Railway Engineers", issued by the American Railway Engineers Association". In the event of conflict the provisions of the "General Specifications for Subgrade and Above Grade Crossings of Railway'S Right of Way" shall supersede. 4 ') I III. ABOVE GRADE STRUCTURES A. All applicable preceding sections will govern the installation. B. Minimum clearance of 23 feet 6 inches over top of rail of highest track shall govern the proposed structure. C. predesign conference with the Chief Engineer will set forth horizontal clearance of subgrade, grade and above grade construction and structural limits. IV. ABOVE GRADE WIRE LINES A. All power lines and cables will provide a minimum clearance above top of rail of highest track of 43.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 KV. B. All power lines and cables lying within a grade crossing will provide a minimum clearance above top of rail of highest track of 50.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 KV. C. All cable will provide a minimum clearance above top of rail of the highest track of 43.0 feet. D. Any wireline or cable at a grade crossing protected with crossing gates must clear the tip of the gate are by a minimum of 6.0 feet when the gate are is in the raised position. E. Should the Railway add crossing gates to grade crossing protection, raising of wirelines or cables shall be preformed immediately on notice and at the sole cost and expense of the lessee. F. All applicable preceding sections will govern the installations. V. MISCELLANEOUS A. Cathodic protection of pipelines, cables, or casings. 1. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfere with the signal apparatus of the Railway. Any changes required in the manner, method, or location of such cathodic protection shall be made at the sole cost and expense of the lessee and to the satisfaction of the Chief Engineer of the Railway or his duly authorized representative. 5 . . B. Proposed structures must maintain a minimum 10 feet of horizontal clearance to the base of the signal/crossing gates. SPECIFICATIONS ADDENDUM JULY 1995 FOR DIRECTIONAL BORE INSTALLATIONS: 1. 10 foot minimum cover from top of the tie (beneath track structures) to top of bored pipe. 2. 4 foot minimum cover from ground level to top of bored pipe when outside of track structures. Last revised November 14, 1995 6 MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER (}}1..1\ AGENDA ITEM # <gQ - REGULAR MEETING OF FEBRUARY 21, 2006 CHANGE ORDER NO. 3/JMW CONSTRUCTION, INC. TO: SUBJECT: DATE: FEBRUARY 17,2006 This is before Commission to approve Change Order No.3 in the amount of $106,952.00 for the addition of previously removed improvements to the Lake Ida Park Project. The amenities include: 1. Installation of two (2) picnic pavilions, including concrete foundations. 2. Installation of a double swinging gate at the park entrance. 3. Resurfacing the existing parking spaces along Lake Drive. 4. Installation of new sidewalk along the parking spaces adjacent to Lake Drive. 5. Installation of landscaping at the south end of the park. 6. Installation of a wood pier alongside the boat ramp. Due to budget constraints, the above park improvements were deleted from the original contract. A grant from the Florida Recreation Development Assistance Program (FRDAP) has permitted the award to be modified. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). Recommend approval of Change Order No.3 in the amount of $106,952.00 for the addition of previously removed improvements to the Lake Ida Park Project. S:\City Oerk\agenda memos\CO)MW Const Lake Ida Park 022106 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: Jill Skaggs, Asst. City Engineer ~ DATE: February 14,2006 SUBJECT: lake Ida Park, Project # 2004-054 Commission Agenda Item, Change Order #3 Attached is a request for the City Commission to approve Change Order #3 to JMW Construction, Inc. for additional amenities to the Lake Ida Park project. These amenities include: 1. Installation of two picnic pavilions, including the concrete foundations. 2. Installation of a double swinging gate at the park entrance. 3. Resurfacing the existing parking spaces along Lake Drive. 4. Installation of new sidewalk along the parking spaces adjacent to Lake Drive. 5. Installation of landscaping at the south end of the park. 6. Installation of a wood pier alongside the boat ramp. Due to budget constraints, the above mentioned park improvements were deleted from the original contract award. A grant from the Florida Recreation Development Assistance Program (FRDAP) has permitted the award to be modified. The total cost for these additional items is $106,952.00. Attached is a cost breakdown of the items for your review. Staff recommends City Commission approve Change Order #3 to the contract with JMW Construction, Inc., in the amount of $106,952.00 for lake Ida Park, PIN 2004-054. Funding is available after budget transfers from Accounts 380-4150-572.63-26 ($106,952.00) G.O. Bond, Lake Ida Park. Please place this on the February 21, 2006 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek, P.E., City Engineer Carolanne Kucmerowski Agenda File, February 21,2006 Project File, 2004-054(E) S:\EngAdmin\Projects\2004\2004-054\OFFICIAL\LI agenda memo C0#3 02-21-06.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. PROJECT TITLE: 3 Lake Ida Park PROJECT NO. 04-054 DATE: TO CONTRACTOR: JMW Construction Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Add the following scope of work to the contract (see Exhibit "A"): . Installation of two picnic pavilions, including the concrete foundations. . Installation of a double swinging gate at the park entrance. . Resurfacing the existing parking spaces along Lake Drive. . Installation of new sidewalk along the parking spaces adjacent to Lake Drive. . Installation of landscaping at the south end of the park. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 30.6 % TOTAL PER CENT INCREASE TO DATE 92.3 % $349,916.00 $216,217.85 $566,133.85 $106,952.00 $673,085.85 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. JMW Construction Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 380-4150-572-63.26 ($106,952.00). DEPARTMENT FUNDING CERTIFIED BY RECOMMEND: DELRA Y BEACH, FLORiDA by its City Commission By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S :\EngAdmin\Projects\2004\2004-054 \CONSTRCT\CO#3 JMW 02.21.06.doc Exhibit "A" LAKE IDA PARK 2004-054 Change Order #3 Revised for FRDAP Grant ITEM NO. DESCRIPTION UNIT 12-B Asphalt Parking Lot Paving SF 20 4" Concrete (Sidewalks and Sidewalk Ramps) SF 22 Double Swinging Gate at Park Entrance LS 26 Picnic Pavilion, including Concrete Foundation EA 29 Concrete Pad for Park Benches SF 30 Trash Receptacles, including Concrete Foundation EA 38 Gumbo Limbo EA 41 Live Oak EA 42 Sabal Palm EA -- 43 Bald Cypress EA 44 Silver Buttonwood EA 45 Cocoplum EA 46 Dwarf Fakahatchee EA 47 Dwarf Firebush EA 48 Muhly Grass EA 49 Walters Viburnum EA 50 St. Augustine Sod SF 55 Wood Pier (Alternate) LS Page 1 of 1 2/15/2006 Change Order #3 - FRDAP JMW Construction, Inc. EST. UNIT PRICE EXTENDED PRICE QTY. 2,900 $2.00 $5,800.00 800 $6.50 $5,200.00 1 $4,000.00 $4,000.00 2 $25,000.00 $50,000.00 -200 $10.00 -$2,000.00 2 $1,250.00 $2,500.00 5 $216.00 $1,080.00 7 $270.00 $1,890.00 8 $145.00 $1,160.00 5 $240.00 $1,200.00 33 $10.00 $330.00 29 $10.00 $290.00 302 $6.00 $1,812.00 46 $10.00 $460.00 75 $6.00 $450.00 152 $10.00 $1,520.00 4,200 $0.30 $1,260.00 1 $30,000.00 $30,000.00 IGRAND TOTAL $106,952.001 Date: Februarv 14. 2006 AGENDA ITEM NUMBER: ~~ AGENDA REQUEST Request to be placed on: _Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda When: Februarv 21. 2006 Description of Agenda Item (who, what, where, how much): Approval of Change Order #3 to JMW Construction, Inc. for additional amenities to the Lake Ida Park project. These amenities include: Installation of two picnic pavilions, including concrete foundations; installation of a double swinging gate at the park entrance; resurfacing the existing parking spaces along Lake Drive; installation of new sidewalk along the parking spaces adjacent to Lake Drive; installation of landscaping at the south end of the park and installation of a wood pier alongside the boat ramp. Due to budget constraints, the above mentioned park improvements were deleted from the original contract award. A grant from the Florida Recreation Development Assistance Program (FRDAP) has permitted the award to be modified. The total cost for these additional items is $106,952.00. Attached is a cost breakdown of the items by funding source for your review. Funding is available after budget transfers from Accounts 380-4150.572.63-26 ($106,952.00) G.O. Bond, Lake Ida Park. Staff Recommendation: CJ;it ~ 2 ,-, b -0 b Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available(QNo Initials: See above I r~y /-;r Account Number See Above . Description See Above Account Balance: See Above Funding Alternatives: (if applicable) dqiY7d ~. 'I1!VaJ61 2a0 a:ft5 J City Manager Review: Approved for Agenda: (j)/ No Initials: t1f/I Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-054\OFFICIAL\LI agenda C0#3 02-21-06.doc MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER PJu1 i AGENDA ITEM # ~t' - REGULAR MEETING OF FEBRUARY 21.2006 THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/AUBURN TRACE TO: SUBJECT: DATE: FEBRUARY 17, 2006 1bis item was removed from the February 7, 2006 Commission Agenda. 1bis is before Commission to approve the Third Amendment to the Contract for Sale and Purchase between the City and Auburn Trace, LTD. to extend the closing date to March 15, 2006 and to incorporate the Cooperation Agreement. Staff is awaiting new documents for this item. Details are outlined in the attached memo from the City Attorney. New documents for this item will follow. S:\City Clerk\agenda memos\Aubum Trace 022106 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 TELEPHONE: 56]/243-7090. FACSIMILE: 5611278-4755 MEMORANDUM DELRAY BEACH F l 0 Ii: I 0 " ~DATE: All-America City ~ 1111 ' TO: @ FROM: January 30, 2006 City Commission Susan A. Ruby, City Attorney 1993 2001 SUBJECT: Auburn Trace Contract The City's contract with the owners of Aubum Trace required a closing by January 31 st. Auburn Trace notified us that they were unable to close on that date due to their underwriter needing additional time to submit a refinancing package to the Florida Housing Finance Corp. (FHFC). The monthly meeting of the FHFC which will act on the refinancing request will occur in March. Per this Addendum No.3 to the contract, the owners will close by March 15, 2006 and cooperate on all issues related to the property. A meeting was held with School Board staff and South Florida Water Management, the City and the principals of Auburn Trace. At the meeting it was agreed that a joint application for a permit by all three parties would occur and the School District staff would accept an easement from Auburn Trace, the current owners, for drainage etc. in the meantime. Our office recommends approval of the addendum which allows for the extension until March 15, 2006 for the closing and incorporates the cooperation agreement. By copy of this memorandum to David Harden, please place this item on the February 7,2006 City Commission agenda for approval. cc: David Harden, City Manager Chevelle Nubin, City Clerk Doug Smith, Assistant City Manager Richard Hasko, Director of Environmental Services Jill Skaggs, Assistant City Engineer Steve Rubin, Esq. ~ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERu;u1 AGENDA ITEM # -&cv - REGULAR MEETING OF FEBRUARY 21,2006 FY 2006 PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES TO: SUBJECT: DATE: FEBRUARY 17.2006 lbis item is before the Commission to consider approval of the proposed performance measures for FY 2006 for the Municipal Golf Course. Lakeview Golf Course. and Tennis Facilities. At the February 14. 2006 Workshop Meeting, staff presented the FY 2006 Performance Measures for the Golf Courses and Tennis Facilities. The Commission suggested that the City hire an outside firm to create and conduct the customer satisfaction surveys. Recommend approval of the proposed performance measures for FY 2006 for the Municipal Golf Course. Lakeview Golf Course. and Tennis Facilities; and the use of an outside firm to create and conduct future customer satisfaction surveys. S:\City Clerk\agenda memos\CM Golf Tennis Perf Measures 022106 [ITY DF DELRAY BEA[H DELRAY BEACH f I. (J R I [J .A, td&I:II All-America City , 1111: 100 N.w. 1 st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 TO: 2001 FROM: David T. Harden City Manager g ~ obert A. Barcinski f7 ~ssistant City Manager DATE: February 9,2006 SUBJECT: A!!:enda Item City Commission Workshop Februarv 14. 2006 Proposed Performance Measures FY 06/Municipal Golf Course, Lakeview Golf Course and Tennis Facilities ACTION City Commission is requested to review revised performance measures proposed for FY 06 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities and provide staff with further direction. BACKGROUND Proposed performance measures for FY 06 for the Municipal Golf Course, Lakeview Golf Course and Tennis Facilities were brought before Commission at your December 13, 2005 meeting for approval. Commission tabled action, requesting additional information and research. Staff was directed to verifY with bond counsel the ruling on the use of net profit as a performance measure, we were requested to check with other public and private golf courses to determine their policy regarding bonuses, and were requested to see if we could add or change measures which might be less sensitive to circumstances beyond the control of the management company such as hurricanes. We did check again with our bond counsel concerning the viability of using net profit as a measure. We were told rulings have not changed and if net profit were to be used we could lose the tax free status of the bonds. We also attempted to obtain information from other golf courses, both public and private, to find out how they handled bonuses. Most of the municipal or county owned courses in our area are operated by their own employees and they do not pay bonuses. North Palm Beach contracts out their restaurant operations and Okeeheelee has contracted out course maintenance. Neither pay bonuses. Southwinds, West Palm Beach, and Orange brook Golf Courses have management companies but pay no bonuses. It was more difficult obtaining information for private courses but we did talk to a representative with McGladrey Pullen a CPA firm which provides services to private courses. We were @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS \S\\S~ informed that virtually all private clubs pay a bonus to the club manager and the bonus is based on customer satisfaction and their ability to keep costs under budget. Attached are the proposed measures and point assignments for FY 06 as compared to what was presented at the 12/13/05 meeting. We did attempt to make adjustments that were somewhat less sensitive to impacts such as a hurricane and have added a bonus point provision for each operation. This is before Commission for review and further direction. RAB/tas File:u:sweeney/agenda Doc: Agenda Item BanneT Hanging UJ ! :s UJ ~tU _G) 0:2 ~G) o 0 C); "fiE nl 0 ~i ~o. nlco .!:O CDO ON 0 1.0 1.0 0 0 1.0 0 0 1.0 .... .... .... .... .... .... .... .... "0 4) (/) .> 4) It: "0 1.0 4) N (/) 8- e Q. m e: :~ .e: o ~ 4) > o e: III e: 'ffi 15 o Gi "gm III ~ >-1.0 4) 0 2:- ~.... e: (U o e: :g~ '*~ ~.8 (/) L- ... 0 4)..". E.... o 0 - (/)01 ::l e: 0; "01lIl!! :g g ~ 8. "0 l!! e 6 ~ Q.OIll "OGi e:m (U 0 (/)(/) 61.0 ~o l!!- 4)"" a. III o e: ~o o L- 014) L-:t:: 02.8 ~s 2:..". ~o .~ ~ - .- 01ij ~L- .!!! 4) Rig> (/) L- ... 4) 4) ~ E= .sill (/) L- ::l 4) o > III 0 offi -5 .~ e: (U 0:0 00 o o (/) e: ~.~ "0 III ~, e ... 0 0 4)- (/) g. .... e: -e: III 8. e: m l!! 0 CD ::J '- ~ .f!~ ::s m- 0 CD.8 u ~o :g ......". Cl ii' '0 .5 2:Cl 0 ::le: 1.0 fIJ:;::: 1':.6' 6 l!! ~o~- ~ Q) - u Cl _ N ,*l!! ~~ +:l ~ .!! E l}l III e: I ... .Q 0 4)~ -1.0 E 4) [N. .s~ .uN (/)e: :e.~ ~ III III E 0.___ III .~ III (/) o.f! Q)E -5.gGi.~l!! e:"Om~ Cl Oe:oue o III (/)<(0. o .... X III E o o o .... co (/) "0 e: ::s e e: I m "0 e: ::l e o o o eD co .... o mO' >0 .!!o lIleD 41 co > (/) 41"0 :23 ~e 1.0 .... o 1.0 r-- m 1.0 o N ER- .... o (/) - 'E ... 41 Q. m ::l e: ~O' 011.0 e: r--. :em .20 o _ e:N .- ER- (/) X 4) III ~E .... o~ 011.0 :g r--. om C>>~ 41 . i>~ :2 .5 ~.s o M I o o o ai .... .... ER- e: I o o o M ..". .... ER- .... o m CD m m 41 m :e e: III ~ e 41 E (/)0' (/)0 e 0_ OIM 41"'" ii~ :2 ~ ~E o .... o .... o I o o o ai M .... c:i 1.0 CD r--. m m N ER- ~ o m ..a (/) 4) .... (/) ER- e: .... 4) o a. m x 41 4) ~ ~ e: l!! l!! 41 ::l a. (U 0 - "0 13O'~ ;;;0 ~ (/) 0."0 o ex) ::l en ~ ..a 41 ....- .5 ~ER-.f! :2 x .5 o (U III <(E:E .... ER- e: I o o o ex) M C'!. o o .... 1.0 N o o .... (/) - e: .0 Q. lii "0 I- .... o - "3 (/) !t) (U l!! (/)"E III 0 .2;-0 C3~ 4) 4) :5~ ....4) 0_ e: (U .Q :5 1ija. e: ::l 'E e L-(9 ~(/) 4)1:: "00 4)0. oW (/)0 4)0 :5-, - >- 1lI..a !i13ui e: 0 e: '0 e: 0 Q.1lI+:l (/)E~ E.g ~ o 41 x 000.4) :E <( o M cXi eD o o ~ o .... .... N ( ':J d, ::...J 1.0 N .... (/) - e: .0 Q. 4) :0 'iii (/) o Q. m "0 I- In ~ :;, In cu (I) .c:i :;'(1) -(.) Oc ....cu 'Os C>s ~'t: (1)(1) .- D. > (l)cg ~e cue ..IN II g I ~ I ~ I ~ I ~ CJ ~ I "0 II) 0 II) 0 0 0 0> N ~ ~ ("I) ~ ~ Ul ~ e a. (ij s::: :g .... 0 "0 (ij ~ .5 I .... 0 x -S 0 0> Ul II] 0 > s::: E 0 0 0 0 0 I N ci s::: s::: a. 0 N I ("I) II] Ul 0 ~ 0 an EIt C'i s::: 0> (X) (X) .5 'm ~ .....- (X) 0 ~ - :::s ~ E- o co ..0 ..q- 0 EIt 0 cD 0 Ul - ci 3: 0 0 0 "0 - .... "0 Ul 0 ("I) 0 s::: II] "0 s::: 0 ~ (D II] ~ :::s 1:J C) e "- an - ..0 ~II) m N 0 .5 0 EIt Ul Ul ~.9 s::: >. 0> 0> 0 E m - (ij Ul ~~ 0 a.. 0 s::: 0- - Ul Ul 0> II] _0 Ul 0> 0> a. s::: NO 0> 0 s::: ....0 "0 s::: (ij C) x .. 0 o - s::: :c Ul II] 0> 0 N :::s ::I .... C) ~Gi (D x 0 13_ 0> 0> s::: > II] .... Ul > .. Ul:t:: 0 s:::0 :c 0> ..0> ~ E .- N al8 ~ m..o 0 VlO 1:: . 0> Ul .... s::: I (X) Q) - ro ""0 a. .... 0 .20 N Q)II) J:: "Oq 0 O>..q- -0 II) - (X) ~ roll) _ (X) 00 "0 E_ o. _ - oElt 0> 0("1) 0> .90 .0 ..... 0 o>x E u..EIt - (Do 0> Ul C) :e .5 Ul m Ul _ Ul X C) :::s s::: ro E >0 Ul E UlO Ul m "0 0.. 0._ ~(X) e I 00 e E :::s ro m roC'i ....0 ..0 "0 .... ro Ul 0>0 C) - C) I - 0>11) 0>11) 0> 0 0> 0> E Q)N 0>0 s::: Ul :::s C) > ~ > Ul >0 >N >0 'm ~ "0 ~ 0> 0>"0 Q) - o>EIt 0>0 - s::: :e C) :e s::: .- II) :e x :em s::: 0> .J::.("I) 'm e 0 > :t. e :t. :::s o (X) u ro ON a.. t) ro a. e <(EIt <( E <(EIt ~ o o ~ LJ o o ~ Ul - s::: '0 a.. ]j o ~ - - SO Ul ~ O>c .... 0 ro u ~~ ~~ (3 ~ <Il X J:: <Il - - .... ro OJ:: s:::- .2 g. ro e .5 C> E Ul ....t 2 0 0> a. "O(J) ~o ot) Ul.., 0> >. ;:;..0 1\1 ~ iii 0 . _ s::: Ul s::: II] s::: '0 E.2 0......- .E.f! Ul .... 0 ~ ~ ~ 0.... X alOQ) :2 a.. N ':'l: N <<:i o o ~ 0> -- N C\ II) N ~ Ul - s::: '0 a.. <Il :a .ii) Ul o a.. (ij - o ~ ... fI) CI).c ~ c.2~ CI) 0 fI) Ofl)'" fI)'- CI) .- c::i: CCCl) c CI) (.) CI).... C ....oa'" "fieE "'.- 0 CI)~'t: mU)CI) ~ ~a. l!l!CD --0 Cl)CI)O CCN jig I ~ I~ I~ I ~ I ~ I ~ I "0 Gl 1Il 8- e 1.0 N 0- co c 5l ;:: o ~ Gl > o C CO c 'm 15 o qj -gm CO ~ >-1.0 Gl 0 ~- ~..... c CO o C :.0::0 o ... .e!Gl 1Il:t:: iii~ 1Il ... ... 0 Glv E_ o 0 - 1Il 0> :J C 0:.0:: "0 co l!! GloGl 1Il:J0> 8. "0 l!! e 6 ~ 0-0 co 1.0 ..... 1.0 ..... X co E m ('I) v X co E o o ~ co 1.0 C g 1Il - C :J o o >- co i5.. ~ 'm "0 o o o ('I) CD - o Q) > ~ co Gl - >0 GlO .- 0 L:. . ~~ C> co ('I) c g 1Il 0. :.c ~ Gl .c E Gl E C> ('I) V - o Q) > ~ co Gl > Gl :.c o <( o ..... m '0 x Gl l'll 0. E (J) I Qjlll~ "0 .~ 0 :Jc..... (3 u.5 .5 . E 1Il1ll........ E c . _o!l ~ 1Il C o>lIlGl o Gl > ......Jw 0- ui- o c .~ ~oo N-=8. };~(J) c ."0 .Q 6 lij - .- [ 1ii ui .- Gl 5 .~ b.c tGlGl [cr: (J) E ec!S ui l'll 1Il ... ... ~.Q Cll'llC eo- ::J 0. . J Gl~ui 1Il .- Gl l'll 0. ::J Gl E 01........ b~18~ CO...JN o o o o 1.0 ..... ~ C I o o o o 1.0 N ~ - o 1Il C o 1Il 1Il ~ ... .E Gl ::J C Gl > ~ 1Il0 1Il0 eo. 0>0 GlI.O >N Gl~ :.c ~ ~ E 1.0 ..... o o o o ('I) ~ - o - C Gl E l'll C ... ::J ~ ec!S 1Il Gl ::J 01 l'll Gl_ ...JO ...0 00 - - GlO ::J('I) c~ Gl X > l'll ~ E 1Il I 1Il0 00 ""0 0> - GlI.O >N Gl~ .- C L:. ._ ~s o ..... o ..... C g o o o o co ~ - o 1Il C o '00 1Il 'E "0 <( m .... Gl C Gl <9 ... o -- GlO :JO cO Gl . >0 GlCO ....~ 1Il X 1Il l'll e E 0> I GlO >0 GlO :.co 01"- <(~ o o ..... LJ o o ..... 1Il - C '0 0- m - o ~ - o - :; 1Il ~ l'll 1Il ui "E '0 0- ::2: 0- 1.0 ~ ..... cD o o N - ~ N \A \ 1.0 N ..... 1Il - C '0 0- Gl ::0 '00 1Il o 0- m - o ~ :t1 [ITY DF DElRRY BER[H CITY ATTORNEY'S OFFICE 20{) NW 1st AVENt'1 . DU.RAY BEACH. FLORIDA 33444 TFLLPHONE: 5hl/2..i.'.7ii')Il. FACSIl'vIILE: 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 D:ed All-America City , III I,! DATE: MEMORANDUM February 16, 2006 1993 TO: 2001 City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Satisfaction of Mortgage and Release of Note, Agreements and Covenants Conveying the Right of First Refusal to City upon the Sale or Disposal of the Property The City entered into an Agreement dated August 31, 1995 wherein $280,000 was lent to the CRC Recovery Foundation, Inc. payable in yearly installments of $56,000.00 commencing September 1, 1997 and each September 1st thereafter until paid. The last payment was made to the City on August 31,2005. The Agreements also provided for a right of first refusal if the CRC property was sold or transferred. CRC is ready to convey the property. All payments have been made and CRC seeks a Satisfaction and Release of Mortgage and notes and agreements and ~ release of the option to purchase. Please place the Satisfaction and Release of Mortgage and Option on the February 21, 2006 consent agenda for approval. ~ Attachment Cc: David Harden, City Manager Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk <6R- This instrument was prepared by and please return to: Susan A. Ruby, Esq. City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 33444 Parcel LD. # 124346 1601 091 0013 SATISFACTION OF MORTGAGE AND RELEASE The City of Delray Beach, a Florida municipal corporation organized and existing under the laws of the State of Florida and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, owner and holder of the note evidencing the debt secured by mortgage executed by the CRC Recovery Foundation, Inc. to the City of Delray Beach, Florida dated August 31, 1995 and recorded on September 1, 1995 in Official Records Book 8902 at Pages 921-926 of the Public Records of Palm Beach County Florida for value received, does release in full from the lien and effect of said Mortgage and Note and Memorandum of Agreement and hereby releases the Option to Purchase contained therein on the following real property therein described, to wit: The North 100 feet of Block 91, lying East of Florida East Coast Railway Company right-of-way in the City of Delray Beach (formally Linton), Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, at Page 3, which is the same property as shown on the Plat of the resubdivision of Blocks 91 and 92, and the West Half of Block 99, Town of Linton, Dade County, Florida, filed May 9, 1912, and recorded in Plat Book 2, Page 21, Palm Beach County, Florida, records, shown as being situate on the northerly side of the resubdivision of Block 91, being an area 100 feet from the north to south on the east, running west of the Florida East Coast Railway Company right-of-way, and designated "not included" and being the property in part conveyed by Calvin W. Garner and Eulalie M. Garner, his wife, to L.C. Vaughn, by deed dated April 26, 1954, recorded in the Public Records of Palm Beach County, Florida, in Deed Book 1054, at Page 452. hereby acknowledges full payment and satisfaction of said note and mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of the Circuit Court to cancel the same of record. In Witness, these presents have been duly executed under the seal of said Corporation, pursuant to due authority this day of ,2006. Signed, sealed and delivered CITY OF DELRA Y BEACH Florida municipal corporation By: Printed name/Witness #1 Jeff Perlman Mayor 100 N.W. 1st Avenue Delray Beach, FL 33444 Signature/Witness #1 Signature/Witness #2 Printed Name/Witness #2 ATTEST: By: Deputy City Clerk 100 N.W. 1st Avenue Delray Beach, FL 33444 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,2006, by day of a corporation. , (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. as Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER[~ I AGENDA ITEM # )S"S - REGULAR MEETING OF FEBRUARY 21, 2006 SERVICE AUTHORIZATION NO.7 /MATHEWS CONSULTING. INC. TO: SUBJECT: DATE: FEBRUARY 17, 2006 This is before the Commission to approve Service Authorization No.7 to Mathews Consulting, Inc. in the amount of $141,975.00 for consulting services for the planning, design, and construction of the Area 4 Reclaimed Water Transmission System Extension Project. The scope of the service authorization includes performance of a corridor study to identify the most cost effective route for the transmission main among alternatives presented in the City's Reclaimed Water System Master Plan. Also included is the final design and preparation of all materials, plans specifications, and other construction documents required for the permitting, bidding, and construction of the Area 4 system expansion. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System). Recommend approval of Service Authorization No. 7 to Mathews Consulting, Inc. in the amount of $141,975.00 for consulting services for planning, design, and construction of the Area 4 Reclaimed Water Transmission System Extension Project. S:\City CIerk\agenda cover memos\SA 7 Mathews Reclaimed Water 022106 7~;:t- o~ 01 ......: ~ ~. <." ~.cly &~~ City Of Delray Beach Department of Environmental Services M E M 0 RAN D U M www.myde/raybeach.com TO: David T. Harden, City Manager n ~ ~ Richard C. Hasko, P.E., Environmental Services Director lY" FROM: SUBJECT: AREA 4 RECLAIMED WATER SYSTEM DATE:February 16, 2006 Attached is a copy of service authorization #7 for Mathews Consulting, Inc. for provision of professional consulting services required for planning, design and construction of the Area 4 Reclaimed Water Transmission System Extension. This phase of the reclaimed water system will complete facilities necessary to provide primary service to targeted customers in the southwest quadrant of the City, extending the transmission main and providing associated connections to the Del Aire Golf Club golf course. As with the Area 2&3 project, we will be contacting Homeowners Associations along the route of the transmission main to solicit connections to the system for master irrigation facilities currently using ground water resources for that purpOse. The scope of services of this proposal includes performance of a corridor study to identify the most cost effective route for the transmission main among alternatives presented in the City's Reclaimed Water System Master Plan. Results of the study will be presented in a letter report which will also identify needs for easement acquisition to accommodate system expansion if required. Also included in this scope is final design and preparation of all materials, plans, specifications and other construction docwnents required for the permitting, bidding and construction of the Area 4 system expansion. Fees for the described scope total $141,975. The construction budget as stated in the master plan for this project is $1,351,924. Since this projection was established three years ago, we anticipate an approximate 10% to 12% increase, bringing the project budget to approximately $1,500,000. This project will be programmed for construction in FY 2006/2007, however, due to the lead time necessary for proper project planning and coordination as well as the submittal schedule for the next cycle of the South Florida Water Management District (SFWMD) Alternative Water Resource Grant program, planning activities must begin in the next month. Funding for this agreement is available in Connection Fee Fund account #441-5181-536-65.96, Reclaimed Water Transmission System. Please place this item on the February 21, 2006 agenda for consideration by City Commission. Cc: Victor Majtenyi, Construction Manager File 2004-020.3 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 7 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Area 4 Reclaimed Water System This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), (prepared by Mathews Consulting, Inc., October, 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first project identified for implementation in the RWMP was "Area 1" and was placed in operation in 2005. The second project(s) identified for implementation in the RWMP was "Area 2" and "Area 3". The "Area 2" and "Area 3" project is currently moving into the construction phase. The next project identified for implementation is "Area 4". The proposed reclaimed water system for "Area 4" and construction cost opinion is shown in Attachment A (Figure 5-5 from RWMP). This project involves providing engineering design, permitting, and bidding services for implementation of the reclaimed water system in Area 4. The total length of reclaimed water mains for "Area 4" is approximately 9,000 feet with diameters ranging from lO-inch to 24-inch. II. SCOPE OF SERVICES Phase I - Study and RepOrt Phase Consultant shall provide preliminary design phase services in accordance with Article III.A of the Agreement for Engineering Services with the City, dated March 16, 2004. Task 1. Corridor Analysis: Consultant shall provide detailed review of proposed reclaimed water main alignments that were identified in the RWMP. The RWMarea4contract.doc02l16/06 1 review shall consist of verifying all required easements for the construction, including City of Del ray Beach R-O-W, LWDD R-O-W, FDOT R-O-W, Palm Beach County R-O-W, and any other agency R-O-W, including Delaire Country Club. A Letter Report will be prepared that will contain final design schematic layouts and will list any easements that will need to be obtained prior to submitting permits for the Area 4 reclaimed water main construction. Three (3) copies will be submitted in draft form for review by City. One (1) workshop meeting wiIl be held with City to discuss Draft Letter Report. The final Letter Report will contain City comments and three (3) copies will be submitted. Task 2. Public Involvement: Consultant shall assist the City in public involvement process. Additionally, Consultant shall prepare presentation graphics and assist in public involvement services. Phase HI - Final Desi2l1 Phase Consultant shall provide final design phase services in accordance with Article lII.C of the Agreement for Engineering Services with the City, dated March 16,2004. Task 1. Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log w~:through will be included. In addition, potential underground existing utilities will be identified. Task 2. Coordination with utility agencies shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. Task 3. Consultant shall provide final design of the "Area 4" reclaimed water system. The reclaimed water main location shall be defined in Phase I - Study and Report Phase. The design shall include one (1) LWDD canal crossing. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be I" = 20' for plan and I" = 2' for profiles. Consultant shall prepare the engineering design elements on topographic survey information. Consultant shall coordinate with the City in order to design the proposed reclaimed water main in accordance with the requirements and design standards of the City. Task 4. Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards. Task S. Drawings and specifications (three copies) shall be submitted for City review at 60% and 100% stages. Consultant shall meet with the City to discuss RWMarea4contract.doc02116/06 2 comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on CD. Specifications shall be provided in electronic PDP format. Task 6. At the 60% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Biddin2INe2otiation Phase Consultant shall provide final design phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated March 16, 2004. Task 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 20 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have beel!j~&ued. Task 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. Task 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Task 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Task 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. RWMarea4contract.doc02/16/06 3 Other - Permittine At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements and to ensure that the proposed reclaimed water main can be installed within Lake Worth Drainage District, and Palm Beach County right-of-ways. Agencies anticipated to have jurisdiction over the project include: Florida Department of Environmental Protection (FDEP), Lake Worth Drainage District (LWDD), and Palm Beach County. Permit applications shall be completed as required for FDEP, LWDD, and Palm Beach County. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to one (1) meeting with each of the regulatory agencies during review of the final ~t applications. / · Respond to request(s) for additional information from each regulatory agency. Other - Geotechnical Consultant shall furnish the s~ces of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perform up to twenty (20) standard penetration test (8PT) borings to an average depth of ten (10) to fifteen (15) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at loo-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: RWMarea4contract.doc02/16/06 4 a Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways ~d sidewalks. Sufficient grades shall be indicated on the driveways and parkffig areas to indicate direction of grade. e. Provide and reference benclunarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benclunark. . The above topographical survey data will be prepared in AutoCAD (Version 2005) format at a scale of 1 "=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. 2. Two (2) sketch & legal descriptions of easements will be required. The legal descriptions will be for the pipeline alignment within Delaire Country Club. 3. Prepare two (2) cross-sections ofLWDD Canal. Other- Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately twenty (20) utility locations will need to be pot-holed. RWMarea4contract.doc02/16/06 5 a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways ~~t sidewalks. Sufficient grades shall be indicated on the driveways and parlciiig areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. . The above topographical survey data will be prepared in AutoCAD (Version 2005) format at a scale of 1 "=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. 2. Two (2) sketch & legal descriptions of easements will be required. The legal descriptions will be for the pipeline alignment within Delaire Country Club. 3. Prepare two (2) cross-sections of L WOD Canal. Other- Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately twenty (20) utility locations will need to be pot-holed. RWMarea4conb'act.doc02/16/06 5 ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers, force mains, reclaimed water mains and drainage. 3. Consultant can assume that all existing and proposed reclaimed water main alignment is within City of Delray Beach, Palm Beach County, FDOT, and LWDD rights-of-way. 4. City will be responsible for acquisition of easements (including temporary), if required. 5. Linton Boulevard is a County Road. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. i . ~ ! Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. RWMarea4contract.doc02/16/06 6 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time nee Phase Cumulative Time Phase I - Study and Report Phase III - Final Desir Geotechnical(1 Surveying(l) Field Verification(l) Pennitting(2) Phase IV - Bidding 4 weeks 24 weeks 4 weeks 28 weeks 6 weeks 8 weeks 30 weeks 38 weeks Geotechnical, Surveying, and Field Verification will be completed during Final Design Phase. Permitting will overlap with 1000,4 design time frame. VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. ReferroAttachment B for budget summary. Engineering Services Estimated Fees Phase I - Study and Report Phase III - Final Design Phase Phase IV - Bidding Phase Pennitting Surveying Geotechnical Field Verification Out-of.Pocket Expenses Additional Services $ 6,990.00 $ 64,875.00 $ 6,420.00 $ 6,900.00 $ 39,490.00 $ 7,150.00 $ 7,150.00 $ 3,000.00 (I) $ 15.000.00 TOTAL PROJECT COST $ 141,975.00 (2) Notes: (1) Out-ofPocket Expenses include the following: printing/reproduction and postage. (2) Total project cost does not include the $15,000 for Additional Services (if authorized by the City). RWMarea4contract.doc02/16/06 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may tenninate the contract without incurring any further liability. The Consultant may not commence work on the Service Authorization, approved by the City and to be included as part of the Contract between the City and the Consultant, without a notice to proceed. This Service Authorization, upon approval, shall become part of and be governed by the Contract between the City and Consultant dated March 16,2004. Approve by: CITY OF DELRA Y BEACH: MATHEWS CONSULTING, INC. Date: Date: Jeff Perlman, Mayor David Mathews, P .E., Vice President ----- Wi~ess Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2006 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement RWMarea4contract.doc02/16106 8 ATueHMENT A ,- . - - Section 5 5.5 Area 4 Area Descrlotion: Area 4 generally includes the area south of Linton Boulevard between the E-4 Canal and Military Trail, excluding the western portions of Germantown Rnad. The project consists of providing reclaimed water main from Lowson Boulevard south to Andover and the Delair Golf Club areas. Reuse CaJJacitv Provided: Area 4 will serve two (2) reclaimed water users: . Andover Homeowner's Association ......................... 81,287 gpd . Delaire Golf CJub......................................................I. L 63.830 gpd Tola} Reuse Capacity: 1,251,1l7 gpd SummQ", of ImDroveme"ts: A 24-inch reclaimed water main will be installed across Linton Boulevard, along Homewood Boulevard to Andover Homeowner's Association served by a 6- inch valve and meter box. The 24-inch reclaimed water main will continue to extend south to the Dclaire Golf CLub, which will be served by a 16-inch vlllvc and meter box. Alternative pipe routing options incl!J.de-running the 24-inch reclaime.d water main to the Delaire Country Club either through the golf course (should on-site easements be granted by the property owner), or around the golf course along the E-4 and C-15 canals. Mathews Consulting 5-12 --..-----**a' ...-.. ,... . . s.. Section 5 Table 5.5 Englneer'. Opinion of Probable Construction Cost Bal.d on Conceptual DHlgn Ate. 4 E.tlm.t~ Unit Quanlty Unit PrIce Total General General Conditions (5%) 1 L.S. $87,596 $67,596 Mobilization (2.5%) 1 L.S. $33,798 $33,798 Maintenance of Traffic 8,226 LF. $2.5 $20,565 Clearing & Misc. Site Work (2.5%) 1 L.S. $33,798 $33,798 ReclaImed Water Main & Restoration 6" Valve & Meter Box 1 EA $8,500 $8,500 16~ Valve & Meter Box 1 EA $30.000 $30,000 24' RWM in paved ROW - Minor Road 3.845 LF. $95 $365.275 24" RWM in gl'8~~ ROW 4.381 L.F. $70 $306.670 24" Jack & Bore 1 E.A. $45,000 $45.000 LINDO ROW Fixed Fee 649 L.F. $15 $9,735 RWM Easement 3.732 L.F. $50 $166,600 To~truction $1,039,941 10% Contingencies $103,994 20% En'llneering. Legal Admin. Costs $207,988 Total COlt: $1,351,924 Mathews COl1sulting 5-13 ..--..--- --..----.llb' .,....... ""'\WI.. j ..., tU- t~g~ l"'. J..., Section 5 Table S.58 Englnler'5 Opinion of Probable Construction Cost Based an Conceptual Design Area 4 . Altern.live Route Estimated Unit Quanlty Unit Price Total General General Conditions (5%) 1 L.S. $74,466 574,466 Mobilization (2.5%) 1 L.S. $37,233 $37,233 Maintenance of Traffic 10,800 LF. $2.5 $27,200 Clearing & MilSC. Site Work (2.5%) 1 L.S. $37,233 $37.233 Reclaimed Water Main & Restoration 6Y Veive & Moter Box 1 E.A. $8.500 $8.500 16" Valva & Meter Box 1 E.A. $30,000 $30,000 24" RWM In paved ROW. Minor Road 3.567 L.F. $95 $338,865 24" RWM in glass ROW 7,313 L.F. $70 $511,910 24" Jack & Bore 1 E.A. $45,000 $45.000 LWDO ROW Fixed Fee 7,313 loF. $15 $109,695 Total Construction $1,145,636 10%~9ontingencies $114,564 20% Englneer1ng, Legal Admin. Costs $229,127 Total COlt: $1,489,327 Machews Consulting 5-15 z* ~-----' ~ ,~ ------ ~ -.......-:: j.J._.... I" _...~.... ..~ '" ~ '. ~ ~ ,,,,_' _ ;J_ ~ ~~ ~ 0 . . ~ 0 o lI'l 8 q ~ 8 ~ ~ III (.:l Q: .... z colX ccz ~F lX~::J ~~::; ~5 O:.(Q: O:.(Q: a:a: ~d~ ~d~ ~.... g:~~ g:~~ ~~ I : ~ .... z <( ........ .... ::Jz a: ...._ <( ........ .... w Wj Q:: .... U . <( ~ ~ :> :n~ <( <( ffi x::J ~ U III wO ., : ~ '0 o ~ H . ~ I OOej ~~I :t Sl ~ 006 <~ ~U f1 . z < ~ :I: < 0:: ..J < ua.. <0:: 3 w~ ..... m(l) 0:: >-< ~ <2 ~ 0::0:: G:J~ 0 ~ O~ ~ < U-o ..... (J 01&.1 ~ ~:! 0:: ~ _:5 uo 1&.1 ~ 0:: 0:: Q.. w ~ ao I ao ::. (.:i : _ j".: ~'~. L'.." ~ .... _' t3. :::::I .., C :::::I .., ~ ~ ..... ~ Oa. ~< ~ tV ~ J:a GJ U. C tV .., g Q ~ Z U o a. GJ UJ 0) :::::I < CD :::::I 0'" o N C :::::I .., >0 tV :E ~ ~ ~ tV :E c .2 - - ftI . c- _0. u..E 8 . I! ~ .1 r/':J 0 ~ ~~.I :r: si ~ r/':J:: < ~c5 ~B E1 J:a . u. C .!!l . - ~ u ~ - CD ~ tL: 0' "0 ~ 0 "0 i 0.. - C") 2 - CD - ~ 0 en - - 0 l - ~ "0 "0 i N ~ - ~ - - tV ~ ItS' 1i en ~ "0 .... .:t "0 C i;' ~ ~ ~ .... - c ~ ~"O "0 "0 C ~ - "0 ~ 0 - ~! It) 0 0) i 0 16 "0 f ~ C") s;;; 1$ - 0.. .E - tI! ~ 0) I- ftltI! ~ C 2 z 0 :::::I .: 2 g 0 E :0 1;) 0 0 '- UJ U. .... CD "0 C U 0.. m 0 0 5 .... ~ tl ~ "- (.) " !Z~ w~ ::E~ :z: l:I (.) ~ ct~ ~1 llQ e;- o:: ~ ~ .0 IJ js ..Q '3 .~ ::l III me: 8m J 12 ~ 5 :I: 1! III e: 8 ~ c: III II) III <:5 .8 j 'O~8 '001. Bl~ 0.... e: o .. 13~8 S Cl. c:i 1/)1/).... e:e:.... 8- ~.:8 .Q I . ie:O m 2'~ w "!~8 "U e: . e:-O "c: 01 N o..&i.. ]j.8 ~j ~8 "c: . Qllt) o~ e: III :28 e: . ~~ I- ~8 e: . '61~ e:.... w = e: o :0:> Cl. '5 Xl o ...: III III I- ei z Ql I/) ! 0.. I ~ a. i ~ III .~~N ...: ...: ::l I/) I/) _Ill III 01-1- ~~I ~~= . .. ~ClO~ ClO <<I ClO <<I ~ ... ClOIt)C') ~N 10 2 ~ It) 0 0 ~ !~ C') q ~ :;; ~ ~ i~;:i~~~! I I . ~ClO<O~ i ! i : o 0, ... o o I') o NClO:5 It)It)O ...... ..-~~NN i I I I : II I It) .... .!. N . It) It) .... t ........-..-..-... I ! ! III ~ ::l CI) I ' I I ! i I I I ! if i _~ I Ii : ~ ~IIN I') . It) <0 Ill"':,"':"':"':"':"': .5 :;: = :; = :; = u. il-il- I- I- I- I- 2~g80~ q .... ~ ~ 10 ... M;:;~"a I')....~ o o ... C') I') <0 o . . <<I o <01t)~ClON~ I :J CI) I ~ a. ~~NI').1t) ;:;...:...:...:...:...: 'QI/)I/)I/)I/)I/) 'iiJ{!!.{!!.{!!.{!!.{!!. ~ I 818~1 II ~~cO!2 ............~ o ~ cO .... N ... o <0 1ft ... ClO o ClO ~ o ClO ... ClO ~ I ::l CI) e: o :0:> I - ~ i_~q:: 1~1~e:'e: iE'~~~ iE~2:s! :~i~ C> ~ i;1 151 I ! o o Ga = 1ft <<I ... .,; : N ... l8~ I') .... o 00 .... <<I It) :;;~ 1')<0 N .... o 00 .... <<I ... o ;~ N~ N .... <<I ~ <08 I') . I') .... <<I ... o 1ft 0ll8<<1 . -~ NOlIft ~: ! :s ::l CI) I!!J!} ::l I/) II) 08_ :I: 0 ]j]jO .9.9! .0.00 ~~I- .. ... .. .8.8.8 jj:J i ' ti oS cii e: '= '3 I/) e: 8 l -6 III :IE I I I I i I I i I 000 o Ga 0 Ol~"" 0 cO~C'i' C'i' a :g .... 1ft .... Clt ... .. ... .... ]j .. o .. I I- .9! _ ~e: J!}~:l 1/)- 0 8~1- ~ _...c 41 e:e:l! :s ~~::l tIl ::l ::l II !! ~ ~ e: ::l ~ ~ ~I .0 ::l::l::l I~ m m CI) I ... I I fti ~ 1) II 0' .. a. Page 1 of 1 Hasko, Richard From: Rene Mathews [rmathews@mathewsconsultinginc.com] Sent: Tuesday, February 14, 20061:07 PM To: Hasko, Richard Cc: David Mathews Subject: Area 4 ~eclaimed Water System Richard: I just spoke with SFWMD regarding the FY2007 Alternative Water Supply Funding Program. They intend to have applications ready early March, with submittal required early June. All projects must be completed by August 1, 2007. Based on that schedule, we should target the following schedule for the Area 4 project: NTP - Desi Corridor Anal sis Surve Submit A WS Fundin Desi Permittin Biddin & Award NTP - Construction Construction Com letion 2007 I hope this helps with your planning schedule. Let me know if you need any further information. Rene L. Mathews, P.E., President Mathews Consulting, Inc. 1475 Centrepark Boulevard, Suite 250 West Palm Beach, Florida 33401 561-478-7961 561-478-7964 Fax I I ! This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you are NOT the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. 2/1612006 AGENDA ITEM NUMBER: ~s AGENDA REQUEST Date: February 16, 2006 Request to be placed on: ~ Regular Agenda Special Agenda Workshop Agenda When: February 21,2006 Description of agenda item: Staff reauests Commission aot>roval of Service Authorization #7 for Mathews Consultin2. Inc.. in the amount of $141.975 for orovision of orofessional consultinl! services rel!ardinl! Area 4 of the City's Reclaimed Water Transmission SYStem. This oroiect will extend the transmission sYStem to the southwest extremity of the utility service area. providinl! reclaimed water irril!ation service to the Del Aire Golf Course and other residential master irril!ation sYStems alonl! the transmission sYStem route. Scooe of this al!I'eeltlent includes a corridor analvsis as well as preparation of all olans. specifications and construction documents reauired for permittinl! and construction of the Area 4 sYStem exoansion. Fundinl! is available in Connection Fee Fund account #441-5181- 536-65.96. Reclaimed Water Transmission SYStem. ORDINANCFlRESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: . on #7 for Mathews Consultin . Department Head Signature: 't-{b - () b Determination of Consistency with Comprehensive Plan: --- ~ . City Attorney ReviewlRecommendation'(if applicable): Budget Director Review (required on all items involving expenditure ::~: Funding available: ~ 1M. No Funding alternatives (ifapplicable): Account Balance: (Jtfl-')/8/-)5b.. t<:>- -9(0 /<,('('114/ m WaJer 'Trt1.YtS/1(-/SS'/ (/).: S 78Ztj5?) . Account Number: Account Description: City Manager Review: Approved for Agenda: CY ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: MEMORANDUM TO: David T. Harden City Manager Shirley Goddard ~ Acting Human Resources DirectoJ-U February 17, 2006 FROM: DATE: SUBJECT: Commissioner's Health Insurance Currently, the City provides group medical coverage for full-time employees, retirees, employees within the CRA, and the Downtown Marketing Cooperative. Several commissioners currently have group medical coverage through the City. As discussed at the Commission Workshop held on February 14, 2006, the group medical insurance would be extended to certain former City Commissioners under the same terms and conditions as any City retiree, as follows: . City commissioners serving six (6) full years would be entitled to continue group medical insurance benefits as a City retiree, as defined in City Administrative Policies and Procedures Manual, Administration of Retiree's Group Insurance, EB-6. The above changes are presented for approval by the City Commission. If approved, these benefit conditions will be included in the City's group medical insurance policy contract. o/< d4 I ~ MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER tf7v\ SUBJECT: AGENDA ITEM # <6\A. - REGULAR MEETING OF FEBRUARY 21, 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 17, 2006 Attached is the Report of Appealable Land Use Items for the period February 6, 2006 through February 17, 2006. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\apagmerno 022106 FROM: DAVJf'JT. HA~E ,CITY MANAGER y~ ~ PAUL DORLlN I ECTOR ~F PLANNING A,NO ZONING JASMIN ALLEN, PLANNERPk~I~1 aliJ/Y} MEETING OF FEBRUARY i, 2006 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 6, 2006 THRU FEBRUARY 17, 2006 TO: THRU: SUBJECT: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of February 6,2006 through February 17, 2006. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (4 to 0, Connor Lynch, Mark Gregory and Dan Carter absent), a request for a color change for Town & Country Estates Condominium, located on the north side of Dotterel Road and east of Jaeger Drive (509 Dotterel Road). B. Approved (4 to 0), a Class III site plan modification and architectural elevation plans associated with the conversion of an existing warehouse building to a stand-alone bar for City Limits, located north of Atlantic Avenue, between the FEC Railroad and NE 4th Avenue (19 NE 3rd Avenue). C. Approved (4 to 0), a request for a 24 month site plan extension (expire February 8,2008), for Worthing Place, located south of Atlantic Avenue, between SE 1 st Avenue and SE 2nd Avenue. D. Approved (4 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a four-story mixed-use building consisting of 1,048 square feet of retail and 2,509 square feet of office and 12 condominium units for 5th Avenue Flats, located at the northwest corner of NE 5th Avenue and NE 2nd Street. Concurrently, the Board approved the following waivers: City Commission Documentation Appealable Items Meeting of February 21, 2006 Page 2 . Reduced the minimum landscape strip between the off-street parking area and the abutting property line from 5' to 2' 10". . Eliminated the two 5' landscape islands at the end of the parking space row which is located outside of the parking garage. The Board also recommended to the City Commission approval of the following waivers: . Reduction in the minimum stacking distance between the right-of-way and the first parking space or aisleway from 20' to 17' at the east entrance and from 20' to 15' at the south entrance. . Reduction in the sight triangle allowing the encroachment of a 4' x 2' column obstruction in the required 20 foot sight visibility at the intersection of the garage driveway and the public right-of-way for the NE 5th Avenue garage entrance. . Reduction in the 40' sight visibility triangle to 35' at the intersection of NE 2nd Street and NE 5th Avenue, allowing the building to encroach by 5'. 1. Approved (5 to 0, JoAnne Peart absent and Francisco Perez stepped down), a request for a 24 month site plan extension (expires February 15, 2008) for Block 69 Municipal Parking Garage, located on the west side of SE 1st Avenue, between Atlantic Avenue and SE 1st Street. 2. Denied (6 to 0), a request for a Certificate of Appropriateness associated with changing the exterior siding material from wood shingle siding to a "hardishingle" which is a "fake" wood shingle for a contributing structure located at 137 NW 1st Avenue. 3. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the demolition of an existing rear addition and subsequent construction of a larger rear addition along with revisions to a garage/guest house for a contributing structure located at 515 North Swinton Avenue. No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA City Commission Meeting - February 21,2006 LAKE L -30 CANAL ~ ~ '? u.J r"." ! ii.,..., Cl ~ ct: IDA ROAD ~ f"." >- ~. g ('~:',::',::',' !i '" u :l: ct: ~ ,........... ...,._........J'.... ."! i i ....._...,'_. ....,._".J r'..'.' ~ L..., i!: :::. o '" ,"-"-,,.., '-, i ",.,,~ ! ~, ATLANTIC S. W. 2ND ST. ~ !ji ~ <( <( ':::t ~ ~ " "" ~ :Ii :Ii (:) ~ <ri <ri ~ "" '" 10TH ..... ~ ..... <( ~ 8 iE ~ ~ ':::t >< :Ii ...... ~ <ri ..... (.j <ri :x: ~ ~ LaWSON BOULEVARD >- ct: ~ !i UNTON ! ~ - 1....,..,....1 i!: 6 '" '" ~ Cl ~ U ~ (j '"' u.. L-38 CANAL C-15 CANAL ~ SPRAB A. TOWN & COUNTRY ESTA TES CONDO B. CITY LIMITS C. WORTHING PLACE D. 5TH A VENUE FLA TS HPB 1. BLOCK 69 PARKING GARAGE 2.137 NW 1ST AVENUE 3. 515 N. SWINTON A VENUE .......... ..,. CITY LIMITS ..._".,. '.". ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT FEBRUARY 2006 . . DIG" AL BASE MAP SYSTEM. . MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER ~ AGENDA ITEM # ~\J - REGULAR MEETING OF FEBRUARY 21. 2006 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: FEBRUARY 17,2006 This is before the City Commission to approve the award df the following bids: 1. Purchase award to Water Treatment & Controls Co. in the amount of $87,522.00 as a sole source purchase for the provision and installation of all equipment required for implementation of a sodium hypochlorite system at the City's Water Treatment Plant. Funding is available from 442-5178-536-64.45 ('Water/Sewer Renewal and Replacement Fund/Gas Chlorine Conversion). 2. Purchase award to DataFlow Systems in the amount of $19,625.00 and Car-Comm, Inc. in the amount of $6,452.50 for a total amount of $26,077.50 for the sole source purchase of 25 radio computer boards and 25 radio units to replenish the City's in-house stock of utility monitoring telemetry system radios for the upcoming hurricane season. Funding is available from 442-5178-536-64.90 ('Water/Sewer Renewal & Replacement Fund/Other Machinery/Equipment). 3. Contract award to Almazan Brothers in the amount of $85,120.00 for the Royal Palm Drive Road Construction Project. Developer funds were previously contributed toward this project. Punding is available from 334-3162-541-65.84 (General Construction Fund/Royal Palm Drive). 4. Contract award to Blackhawk Security, Inc. in the amount of $28,520.00 for security services at Pompey Park. The City Attorney's office prepared the agreement. Funding is available from 001-4127-572-34.40 (General Fund/ Temporary Services). 5. Contract award to Data Flow Systems, Inc. in the amount of $30,116.00 for the provision of materials and services required for restoration and upgrade of the telemetry monitoring and control systems for the City's Aquifer Storage & Recovery (ASR) Well. Funding is available from 442-5178-536-46.90 ('Water/ Sewer Renewal & Replacement Fund/Other Repair/Maintenance). 6. Purchase award to Pierce Manufacturing through Ten-8 Fire Equipment, Inc. of Bradenton, Florida in the amount of $422,806.00 for the purchase of one (1) 2006 Pierce Custom Engine-Pumper fire suppression vehicle for the Fire-Rescue Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment) and 551-1575-591-45.50 Business Insurance Fund/ Property Claims). Recommend approval of the above bids and purchases. S:\City Clerk\agenda merno\Bid Memo 022106 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Date: February 14, 2006 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 21,2006 Description of agenda item: Staff reQuests Commission approval of a sole source purchase from Water Treatment & Controls Co. in the amount of $87.522 for provision and installation of all eQuipment reQuired for implementation of a sodium hvoocWorite svstem to be used as the primary disinfection svstem at the City water treatment plant. This system has been approved for permanent use bv the County Health Deoartment and will replace the high pressure gas cWorine system formerlv used. Water treatment & Controls is a sole source provider of the US Filter/Wallace & Tieman eQuipment at the facility. Funding is available in W &S R&R account # 442-5178- 536-64.45. Chlorine Conversion proiect. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staff recommends approval ()4Jls6.1tl z,-J'i-o~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: & IL:L No Funding alternatives (if applicable): Account Number: . .r:- L/t/2 -<5/78 -S-3". ~c; -t; .~ <}a~ f!Jz!6YJ~ (JCJn1/.ers/~ ~97; 3/0 vJ/-h@I1~:Q;/ #Jn1 I'l( ~ Account Description: Account Balance: City Manager Review: Approved for Agenda: (9) ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: ,.......... _'.IIIj... _.'.. <. _",',.., _, ~'.. <n. ,.........J..,,,"" ..... ...."(f\II. Ciij Of n,lraJ B'a~~ Department of Environmental Services M E M ORA N D U M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P .E., Environmental Services Director rp- SUBJECT: TELEMETRY SYSTEM RADIO REPLACEMENTS DATE: February 14,2006 Attached is a memo from our Utility Maintenance Manager explaining the need to restock radios and associated computer boards for our utility telemetry system. In the process of retuning radios throughout the system to comply with new FCC regulations, we have had to replace twenty units that we were not able to retune due to age and condition. We anticipate that another five units will require replacement as we continue the retuning program. We have replaced these units out of existing stock, but additional replacements will deplete our current supplies. Since we need to replenish our stock of radios and boards in preparation for hurricane season, we have contacted DataFlow Systems (DFS) for a quote for these sole source units. We have discovered that a savings of approximately $362 per unit can be realized if we purchase the radios directly from Car-Comm, Inc., the supplier for DFS. Attached are quotes from DFS for system boards at $785 each (we do not pay shipping) totaling $19,625.00 for twenty-five boards, and Car-Comm, Inc., in the amount of $6,452.50 for twenty-five radios. Total combined cost is $26,077.50. Separate purchase orders will be established for each vendor. Funding is available for this purchase in Water & Sewer Renewal & Replacement Fund account #442-5178-536-64.90, Other Machinery/Equipment. Please place this item on the February 21, 2006 agenda for consideration by City Commission. AGENDA ITEM NUMBER: ~ \1.-:1 AGENDA REQUEST Date: February 14, 2006 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 21,2006 Description of agenda item: Staff reQuests Commission approval of a sole source purchase from Dataflow Systems for 25 radio computer boards in the amount of $19.625. and Car-Comm. Inc.. for 25 radio units in the amount of $6.452.50 for a total cost of $26.077.50. This purchase is necessary to replenish the City's in house stock of utility monitoring telemetry system radios and associated computer boards in preparation for hurricane season. Funding is available in W &S R&R account # 442-5178-536-64.90. Other Machinerv/EQuipment ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Reoommendatiooc swrrecommr~~_ /lFJ Deportmenl Head Signature: ~ ,~ 'Z- -I '-f - ()(., Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: @ Funding alternatives (if applicable): w- No Account Number: LN2 ,<y/ 7 g -5 5'" .6 y'-Ju /J.jflr /JOCPt-;"YI/ /2f / bjlUf/Ylflf ~/73.(i35 , Account Description: Account Balance: City Manager Review: Approved for Agenda: (9 ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: City Of Delray Beach Department of Environmental Services MEMORAN D u M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: Randal L. Krejcarek, P.E., City Engineer DATE: February 17, 2006 SUBJECT: Royal Palm Drive - Road Construction Project # 2004-002 Commission Agenda Item The attached agenda item is for Commission approval/authorization for the Mayor to execute a construction contract with Almazan Brothers, Inc. for the construction of improvements at Royal Palm Drive. Royal Palm Drive is partially unpaved. This contract is to pave the unpaved section. This construction contract includes the following improvements: removing existing pavement, stabilizing and compacting subgrade, installation of limerock base, and the asphalt wearing surface. The cost of project is $85,120.00. A complete Bid Tabulation is attached. Funding is available as follows: Funding Source Account Number Balance Contract Royal Palm Drive 334-3162-541-65.84 $96,505.00 $85,120.00 $85,120.00 Total Location maps are attached. Please place this on the February 21, 2006 commission agenda. enc cc: Richard Hasko, P.E., Director of Environmental Services Joseph Safford, Finance Director file C:IDocuments and Settingslsmithd\Local SettingslTemporary Internet FilesIOLKBO\2-21-06 agenda memo. doc ~V~3 ~ ~ f--- If ~ -'.... 7Tf1 ST. > -0: - is? I - ~ f- -.- ~- ~ == ~ === ~ ~ --0:- -0:- "'c;. II ~ vi - (I S.W. 7TH CT. - ~ I I I I I vi - S.W. 8TH S. - - =i!' i!' - _<0 t() ~ ~ w- a:: ~ ~- == - > _0:: -0: -0: ~ < -0: ~ - - - i!' ;:c I-_I -i!' I- f- f- I- :! - ~ ---::: 0- === ~ === ~ -- - I vi === vi 1--- O][ID - - ~ . -~- >:: >::1-- vi - ~ ~- vi vi vi - --vi vi- ~- S.W. 10TH I wI-------' I--- ~~ ~ <~ ~ I f-~ I"- '- ~- S. W. 8TH CT':- I S.W. 9TH <: I f- IX) S.W. 9TH CT. GEORGIA / ..-..... if -- ~ ! r ROYAl AlM OR.lI -1/ I I-- ~ K/ ~ /$/ ~ POINSETTIA DRIVE L tfE7L STREET I / I /~ " Iff I / ST. - L~ -0: - i!' Ol - ~ITIJII]]]]~I ~ <- vi ~ < ~)I i!' t() ~ vi i!' IX) - - - - - i!'- 1"-- ;::: f-- f-- f-- ~f-- vi"- ~ vi / , ':j.W. 111H iBJ~ '" . (I) li ~ I o -' w ~ z ~ OUGLASS AVE I w ::> z ~ < w ::> z ~ < III11 I '-0<"'- ~~ ~ w BESSIE ST. ::> z ~ < ~"" '-;)~ Co) ~ J ...&.J \I -' -' W N Z ~ ~ I f- a ELLA ST. / -11-~i!' ~-0 IX) ~ ~~ I-- ~G I-- --<.-<!::qc. .,-' ",,0'0 V SOUTHRIDGE RD. ~ ~ ~ ~O - fC MILFRED STREET 7 n t: U l ~~ J r ~ vi <c)~f(& ~~ ~ ZEDER AVE. BENJAMIN 1J - ~ ~ j ~ vi ~~ "-~ LINTON CITY of DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH 8WNr<>>I AWHE, ~y BEACH. A..amA 33444 B 0 U LEV A R 0 ROYAL PALM DRI VE ROAD CONSTRUCTI ON 2004-002 DATE: 2-17-2006 LOCA TlON MAP 1 of 1 ~ ~ ;;;j 8 8 8 8 8 8 ::2 gg 8 8 8 8 8 81.1 odd d oci 0 . or.) d .....; 0 ci d 0' Z_~~~~~~~fi3~~g8~~ ~~~ .~~~~ .~~ .~~~ ~ """"o~~ _N_EA~EAEAEAEA ~ ~~ ~~~~ ~ ~ o VJ VJ i CIllOOOO\OOV"lIoOOOOOOO ~OOOOf'l"'lO\O('f")I'V"lOOOO ;Eggg '~N~~;:;j;:;jggg~ .....NV"lMEAfAEA\OEA MO"l:tEA oa V"l'" ....: M ... M 'fIf:t" EA i:l~~~ ~ ~"" o 0 0 0 00 0 0 0 0 0 0 0 C?ml ~ d d d :; d ~ ~ d ~ d d d dR~li 00000001'01.1")000- -OV"lOO """'1.M...OCft""lOO"ll:tf;A ~~~~~~NN-OO~N .~~ ~ 5~~ ~~~~~~~~~~ ~ 0' roil ~ U ~oooooooooooooo f.lo~~~~~~~~qqooo ;Egg8~!:::~8~~~ggg~ .....OV"lO{;.ltl{A. "lEA OO'l::tEA o;-.::iEA-.:i _"'''I::tEA i:l~;;;; ~ ~~ c o 'I:l u .E .. ~~~ ~g~ ~N::l CD~m ~~~ Q '2'9 ElLlII Ii lL l. ~ o ~ ~ !a 0 - 0 ~N ~ =- i~~ = ~ ~ 000000000000 000000000000 000000000000 ooooooo-..Of'iOOO tnOO\c\C)ViO"l \Oooo"'Ct d.n~~~EA~~tiEA~EA ~~~ ~~ ~... ~ uoooooooooooooo CJoooqqqqqqqqooo ;EgggON~8gl;;S8gg~ ....OlrlOEAE.F.t V"lEA EAOOO<o:tEA ";aNNv)' EA ~~EA i:l~~~ oooooooooooooo~ q q q q q q q q q q q q q q~,-: oOOOOOOV)ONOOOO .a OOOOOOONOr-OOO....... .!~~~~~~"l~~"'1.~~~EA~ ~~~~~~~~~~~~ ~ ~ roil '" -.. :l..oooooooooooooo elc.Jooqqqqqqqqqooo oil."C d d 0 M r- r-- 0 V"l \0 \0 0 0 d 0 ==-OOO--EAONEAEAOOO- ~'a~~~EAEA ""lEA ~~~EA i:l~~~ ~ ~ .. >->->- >->- .. </J </J </J </J "'" </J </J </J </J ~.....l .....l.....l </J </J </J .....l </J </J </J .....l .....l.....l.....l ~ 0 00 ",0 N a - - - 0 00 - ",0 '" - - -- .. ~ ~:! -:l N 5 ., I~ .1 c ~: ~ ~ .= ., </J 0 .- "" 5 g E 5 ~ ~ o'/:l Q ~ g '~ ~ e:O", ~gj<~~'" '6 t-2;;; ~~~ ~~~~ g 8 ~ c 0 o~ ~ ~ ~ ., ~5 > 0 ~ c c ., ~ ,~... ., "" > '. u ;> ".9 Q .9 g c u .~ "'" 'j;: '" Ci ..':l 0 ~ ... ....... o--Qe ....=ou NC~f-l:;:Ec_OB-<=o;: a B .5 5 ~ E <a ., ~ 'S >. ~ 's .g ,5 ~ C:! ~ </J .,.;; <a g ~ :E. ., ., '3 ~(';$~ - ;;"~~oJJ';::~~~ ""'::Eu 'OcNce<</JU<~>.5..... e .a-NM'o:t'V)\oOOO\~-~~:!~ ... Date: Februarv 13. 2006 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: February 21. 2006 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approvaVauthorization for the Mayor to execute a construction contract with Almazan Brothers, Inc. for the construction of improvements at Royal Palm Drive. Th' . . 1 d h &. 11 . . ~(.t~ ~ .. b'l' . IS constructIOn contract me u es t e 10 owmg Improvements: -<<'1" . mg eXistmg pavement, sta Ilzmg and compacting subgrade, installation of limerock base, and the asphalt wearing surface. Funding is available as follows: Funding Source Royal Palm Drive Account Number 334-3162-541-65.84 Balance $96,505.00 Contract $85,120.00 * Following Transfer Staff Recommendation: AP~ z,.. ,"-f'- ().b Department Head Signature: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~ No Initials: /;J:;L See above Account Number ~'Above ~ Description See Aboye .J2 rrl I rjJ/~ Account Balance: See Above ~ 5lJ~ Wl1 1>'1 h.l./1d :'> Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials: LJJ1 Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2004\2004-002\OFFI CIAL \2-21-06 agenda. doc [ITY DF DELIA' BEA[H DELRAY BEACH f I () Rill 1\ td&d All-America City , III I! 100 NW. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Security Services at Pompey Park DATE: February 14, 2006 Attached please find two (2) quotes from David Ricks for security services at Pompey Park. Per Mr. Ricks, the low quote for Blackhawk Security, Incorporated, provided for one (1) security guard at $16.00 per hour for 8 hours on Monday through Friday from 2: 00 PM to 10: 00 PM, 8 hours on Saturday from 12:00 PM to 8:00 PM, and 5 hours on Sunday from 1:00 PM to 6:00 PM. A supervisor from Blackhawk Security will provide intermittent checks for 4 hours per week at $18.00 per hour. We estimate a cost of $28,520 to provide these services through the end of the fiscal year. Also attached is a memorandum and an e-mail from Mr. Ricks, outlining some of the activities that have been occurring at Pompey Park. Please place this on the February 21, 2006 agenda for City Commission consideration. GJ~ of Parks and Recreation cc: Carolanne Kucmerowski, Agenda Coordinator Jacklyn Rooney, Purchasing Manager Ref:dhsecurpp * Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS '6>1 .\f ~ DELRAY BEACH i) .. ...... Pa~ks &" .Rec~~"at16'~' " ~'7" ,?-I DEWY lEACH ~ 'fiir 1993 2001 MEMORANDUM TO: FROM: Joe Weldon, Director of Parks and Recreation r David B. Ricks, Pompey Park Recreation Supervisor IV SUBJECT: Pompey Park Security Company Proposals DATE: February 16, 2006 As per the approval by Mr. Harden to solicit proposals for security services at Pompey Park for seven days a week totaling 53 hours per week, I have received proposals from two reputable companies; Blackhawk Security; Inc. and Custom Security Solutions-Statewide. Blackhawk Security, Inc. will provide one trained guard for 53 hours and one supervisor for 4 hours per week. The hourly rate for the security guard is $16.00 per hour (totaling $848.00 per week). The hourly rate for the supervisor is $18.00 per hour (totaling $72.00 per week) for a combined total of $920.00 per week. Custom Security Solutions-Statewide will provide one trained guard for 53 hours. The hourly rate for the trained guard is $18.50 per hour (totaling $980.50 per week). There are approximately 31 weeks remaining in the fiscal year. The total cost for the Blackhawk Security will be $28,520.00 and the Custom Security Solutions total will be $30, 395.50. It is my recommendation to award the contract to Blackhawk Security, Inc. for the job assignment at Pompey Park. I also recommend that a meeting be arranged with Captain Hartmann, District 2 Commander and Blackhawk Security, Inc. before commencing on this assignment in order to review the intent of this proposal thereby apprising the Delray Beach Police Department of our endeavor to eliminate all illegal activity at Pompey Park. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BLACKHAWK SECURITY, INC. THIS AGREEMENT is made this _ day of , 2006 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"), and BLACKHAWK SECURITY, INCORPORATED (hereinafter referred to together as "BLACKHAWK"). WIT N E SSE T H: WHEREAS, the City and Blackhawk desire to enter into an agreement wherein Blackhawk will provide inside/outside security for "Pompey Park". This service will be provided by uniformed, licensed and trained Uniformed Security Officers with perimeter checks. All posts are predicated upon a four-hour minimum with the exception of Security Supervisors. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Duties. Blackhawk's duties are as follows: To provide inside/outside security for "Pompey Park". This service will be provided by uniformed, licensed and trained Uniformed Security Officers with perimeter checks as per scheduled/needed. All posts are predicated upon four-hour minimum with the exception of Security Supervisors. 3. TermslTermination. This Agreement shall commence on March 1, 2006 and shall expire September 30, 2006. This Agreement may be terminated by either party with thirty (30) days advanced written notice. Upon expiration of this Agreement, the City has the option to renew the Agreement on a month to month basis with advanced written notice for an additional six month period. 4. Compensation. The rates for uniformed security officers are as stated below. (1) Security Guard @ $16.00 per Hour per Guard Hours 2:00 PM - 10:00 PM Monday thru Friday - 8 Hours per Day - $128.00 $640.00 (1) Security Guard@$16.00 per Hour per Guard Hours 12:00 PM - 8:00 PM Saturday - 8 Hours per Day - $128.00 $128.00 (1) Security Guard@$16.00 per Hour per Guard Hours 1 :00 PM - 6:00 PM Sunday - 5 Hours per Day - $80.00 $ 80.00 Supervisor 4 hrs@ $18.00 per hour For Intermittently Checks Only - Minimum per week $ 72.00 (per week) Additional Security Guards and Hours as needed billed at $16.00 per hour FL Sales Taxes on Security Only: Exempt Total: $920.00 An invoice is due in full within thirty (30) days of receipt of invoice. Note: If complete payment is not received by the due date, the invoice shall be subject to the interest rate of 1.5% per month and a penalty of 10% of the total invoice amount. Any and all add-ons to the agreed upon schedule will be paid within thirty (30) days of the last day of the service and will also be subject to the above terms if not paid within ten (10) days. 2 5. Employment of Blackhawk Security. Inc. Employee. City agrees it will pay Blackhawk liquidated damages in the amount of the one hundred and twenty percent of employee's year-to-date earnings if the City hires Blackhawk's employee within one year from the date of this Agreement. 6. Relationship of the Parties. The parties intend that Blackhawk, its officers, directors and employees performing services specified in this Agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City for any purpose. Blackhawk shall have sole control of the work and the manner which it is performed. Blackhawk shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Blackhawk is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Lawllnsurance. Blackhawk shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. Blackhawk shall provide insurance, as may be required by the City's Risk Manager, and name the city as an additional insured. 8. Taxes. Blackhawk shall be responsible for all federal, state or local taxes of any kind which Blackhawk now or hereafter shall be liable for or required to pay either on its own behalf, on behalf of his employees, or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 3 9. Assianment. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City. 10. Indemnification. Blackhawk shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this Agreement by Blackhawk or his officers, agents or employees, and Blackhawk shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Notices. All notices shall be effective when mailed at the following addresses: Blackhawk Security, Inc.: Veronica Kay Covington, Florida Regional Director 1030 Wallace Drive Unit "B" Delray Beach, FL 33444 City of Delray Beach: Jeff Perlman, Mayor 100 N.W. 1st Avenue Delray Beach, FL 33444 12. Governina Law; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida 13. Non-Discrimination. Blackhawk shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in the performance of this Agreement. 4 14. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 15. Entire Aareement: Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and duly executed by the parties. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney Witnesses: BLACKHAWK SECURITY, INCORPORATED By: Print Name: Veronica Kay Covington, Florida Regional Director Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006 by (name of officer or agent, 5 title of officer or agent) of acknowledging), a behalf of the corporation. (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 6 02/08/2006 10:35 9549230683 PAGE 02 ~, ' 6143-B Lake Worth Road Greenacres, Florida 33463 ~ CUSTOM SECURITY SOLUTlONS. STATEWlDF. / \ _"'J'fl' West Palm Beach! (561) 649-8CJ4~ Fax: (561) 649-8959 ./ February 8, 2006 City of Delray Beach/Parks & Recreation 100 N.W. 1st Avenue Delray Beach, FL 33444 Attention: Mr. David Ricks Re: Courtesy Officer Proposal Dear Mr_ Ricks: In compliance with your request we are submitting a proposal to provide an unarmed Courtesy Officer, at the rate of $18.50 per hour for the City of Delray Beach/Parks & Recreation for your review. -" All Management directions provided to Custom Security Solutions-Statewide will b~ reduced to written instructions that will be referred to as post orders. These post orders, after review and approval by the City of Delray Beach/Parks & Recreation will. become the on site operational procedures. In addition to incorporating all procedures into the Courtesy officers job requirements, special emphasis will be placed on public relations and the the City of Delray Beach/Parks & Recreation. The management at Custom Security Solutions-Statewide will strive to promote and maintain the type of professional image that is deserving of The City of Delray Beach/Parks & Recreation. One of our primary goals in the security industry is to project a more professional image. In working to achieve these goals for ourselves, we will also be accomplishing and maintaining these same standards for the City of Delray Beach/Parks & Recreation. ..--1 Our staff and management devote a large portion of their time and energy towards attracting and keeping a higher caliber of personnel. As a progressi ,re firm, we realize FEB-9-2006 THU 10: 55AM 10: ~(Cu~tnmi'7'pn ,fi;.,DI'u"';n.. 4- '1;':_ V_____:aT ... PAGE: 2 02/08/2006 10:36 9549230683 PAGE 03 that our company is only as good as our end product -- the Courtesy Officer. _/ We start our Courtesy Officers at a scale higher than most other firms and offer a more progressive promotional scale. Since promotions are ma.de from within the ranks, we can offer more diversified advancement. Custom Security Solutions-Statewide can provide you with a fully trained, professional, unarmed, Courtesy Officer for the rate of $18.50 per hour. Additionally we recommend a security survey be conducted by an outside agency or the local police department. Custom Security Solutions-Statewide is confident that through our rigid hiring and training requirements combined with higher pay scales and benefits we will be able to provide The City of Delray Beach/Parks & Recreation with an upscale program for a trial period of 30 days with no contract. Upon completion of this trial period a written contract for Courtesy Officer Services shall go into effect. _../ We look forward to working with you. We are available, at your convenience, to meet with you to solidify our agreement. Please feel free to contact me at (954) 923-8900. Sincerely, (!;B~' Craay J. Baker General Managel: CJB:el -' FEB-9-2006 THU 10:55AM ID: PAGE: 3 Page I of I Harden, David From: Schroeder, Larry Sent: Wednesday, January 25, 2006 8:58 AM To: Harden, David Subject: FW: Sig 57 complaint Pompey Park Mr. Harden, we would strongly recommend that consideration be given to assigning a park ranger to be at pompey park during its hours of operation to prevent much of these types of problems. Most of the problems around pompey park can be handled by a park ranger since most of the problems are violations of park rules. In addition, the criminal element will not stay in a location where there is somebody watching and reporting to the police. Now they see us coming, stop what they're doing, wait for us to leave, then continue with their activities. Full time attention to the problem by a park ranger is a far more cost efficient manner of addressing this problem. It is very costly to assign a police officer there full time and we are currently at 82% staffing so even having the bodies to make that happen would be difficult. If you would like to discuss this matter further I am available at your convenience. Thanks Chief Larry Schroeder Delray Beach Police Department schroeder@cLdelray-beach.fl.us 561.243.7851 From: Schroeder, Larry Sent: Wednesday, January 11, 2006 5:12 PM To: Hartmann, Craig Cc: McCollom, William E. Subject: Sig 57 complaint Pompey Park I spoke with Commissioner McCarthy today and she informed me that she was arriving for a meeting in the early evening hours and when she exited her vehicle she could smell marijuana and saw a group of young men on the park property near the east parking lot smoking. She went in and reported this to Mr. Ricks and he went outside and rectified the problem. Her point is that she hears from a number of folks that they don't use the park nor do they allow their kids to use the park because of the prevalence of drug use on the property. Please have the task force and beat officers address this issue to the best of their ability. Chief Larry Schroeder Delray Beach Police Department schroeder@ci.delray-beach.iLus 561-243.7851 2/17/2006 @ ~ DELRAY BEACH Pa~ks "(; "ii~~;~atf6'~' ~7<<J I 1993 2001 "EMp~NI)UM TO: FROM: SUBJECT: Joe Weldon, Director of Parks and Recreation David Ricks, Pompey Park Supervisor ~ Increase Negative Activity DATE: February 3, 2006 Over the course of the last few weeks, the number of cal/s to Delray Police . Department has increase. There has been an Increase in the number of young men hanging in the park. Staff is aware of this issue and has been informed to contact Delray Police Department if they observe any illegal activity. I have spoken with Captain Hartmann about this issue and he agrees that a designated person (security guard or park ranger) needs to be assigned to provide the security of the facility and deter the negative activity in the park. Attached is a copy of the Police Call Log in Sheet. Is it possible for you to speak with the City Manager regarding this concem and have him review the previous memorandum sent to his office about adding security . Attachment Cc: Rodger Ribeiro, Reaeation Superintendent Deirdra Roper, Administrative Assistant Gail Vanhove, Administrative Assistant 1) 'C f'L -j '\x' Ok::. .((l.L .~-,,!:.Il It .;L....; . t ...,,..,,pc :-'~'i"'P (\ ~~-- /'u'JiJ f' e 1..:,,) l..~ ..' * ~ ifti....,., DElRAY BEACH ..- ., Pa~b"&-R~~iG' '1111. ~ I~' :linen POMPEY PARK RECREATION CENTER POUCECALLS ." /./ / ~ LOG IN SHEET WEF.KOf:~ PRINT NAME A 1. JYtv; 01 f:.tc/va 2.11 !t12 _ _-' 3. Jj /: ,h/// " ~ 4. ~~J. 5../(/ /I. 1/_ (/!. ...;r.A'V -~~f12J1~ 7/7 ~f/ _f~.) 8.R\ ~~R d 9. \J . 1)\ rvlW 10. 1; !?/ / b.i l1.])Bvrtl ~:~ ~ 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. DAY OF THE CALL rn~v a."~'IL, - ~ " / t/ ~Lt-<.c{,.. . ~~e~~/.~ -b;~ ff IA .//. t:' VIA' {l /J;! ~~ ~ ri .Ju-;A~ft'V rT\o....... ~~~ (/ ./f'^'t-~( l~J.\ ~ ,..J 7A~'A~J/. Wth.ud~ .J DATE TIME CALLED YOUR SIGNATURE I _ I "" '7- .-r"~. '--" #.A.L . 1:1--/I&/Gt - ~ "I"~ ""-~. r.T ":i' 7JIT Ihm&, .s;'/~I!n1 ~rW-//----~) l/li16 .15: /V,v€ 'vV' ",,-I_I. F]' ~ r \~_ //I? /4 b t ~ 19-O Q/f.- ;(~''P ;JI1Jb~ I~LI-:!fJ.f1't 11.::1- ;) /' 'It 1<."): 5b :e Sf.; if/~~k~7 ;:7,':). t1Pm '/( d Oll.>.n/bt, ~~O <(" ~ (- ~ r<31-0(; J J: 00 V .~ 1_ '2, /-fJ(P q. l.f 1. j(J Ib~ LJ AJ ~- J-O<P JO~oS yrrn <'7~'-- --.--r SIGNA~~ DATE:1!~ C:\Documents and Settings\pinder\Local Settings\Temporary Internet Files\OLK63\Police Calls Log In.doc 12/15/05 Page 1 of I Weldon, Joseph From: Ricks, David Sent: Monday, February 13, 2006 11:44 AM To: Weldon, Joseph Cc: Ribeiro, Rodger; Roper, Deirdra; Vanhove, Gail Subject: Information for Justification of the need for Security at Pompey Park Joe, Here is a list of incidents that have occurred at Pompey Park which prompted the request for hired security: . On Tuesday, January 17, 2006 the police department was called three times in a two hour time frame to deal with the loiter of the guys hanging in the parking lot. During each response the group left only to return once the officer left the park which prompted the additional phone calls. . Parent for the Out of School Program complaining about feeling uncomfortable with the large group of guys hanging in the parking lot when picking up child from the program . Excessive drinking in the parking lot which is evident from the numerous beer bottles on the ground especially during the weekend. The main issue that needs addressing which can be handled with hired security on site is the loitering in the parking area and the smoking of marijuana by the groups. Over the course of each week Delray Police Department receives at least 3 to 5 calls to respond to the different illegal activities at Pompey Park If you need any additional information let me know. David B. Ricks, Recreation Site Supervisor W City of Delray Beach-Parks & Recreation Department Pompey Park Recreation Center 1101 NW 2nd Street Delray Beach, FL 33444 Ph: (561) 243-7359 Fax: (561) 243-7342 E-mail: ricks(cVcLdelray-beach.fl.us Do mydelraybeacho com 2/13/2006 Date: Feb. 14, 2006 AGENDA ITEM NUMBER: ~ \J ~ AGEItmA REQUEST Request to be placed on: _Consent Agenda lRegular Agerlda _Workshop Agenda _Special Agenda When: February 21. 2006 Description of Agenda Item (who, what, where, how much): Request approval to award security serv~ces for Pompey Park to low quote Blackhawk Security, Inc. in the amount of $28,520.00. City Attorney Revl !Recommendation (if applicable): Department Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding AVailable:(Q No lhitials: LJ;t A t N b 001- L/IZl-572. 31f-tf() ccoun urn er · s:.e.NJUS O-fiu.. '~r- ,....-- Description / i!J1Lp<<t1..f1r $'2& ~20 Account Balance: J . Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I N~ Initials: 4- Hold Until: Agenda Coordinator Review: Received: City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager Richard C. Hasko, P .E., Environmental Services Director ~ FROM: SUBJECT: ASR WELL TELEMETRY SYSTEM RESTORATION DATE: February 15, 2006 We have experienced historic problems with the operation of our Aquifer Storage & Recovery (ASR) well located at our North Tank site adjacent to the City Attorney's office, since it was placed in service. These problems have primarily affected the submersible withdrawal pump set in the well casing. The pump has failed numerous times requiring the well to be taken out of service for removal of the pump. This has resulted in inordinately high unbudgeted expenses due to the construction activities required to remove the pump from the well. We have recently completed repairs to the facility that include equipment modifications which will enhance operational abilities and mitigate the historic problems with pump failure. In order to complete the operational restoration of the well, the radio monitoring and control system must be reconnected and modified to accommodate the new equipment installed. Attached is a proposal from Data Flow Systems, Inc., our sole source provider for our utility monitoring telemetry system, in the amount of $30,116 for the provision of materials and services required for restoration and upgrade of the telemetry monitoring and control systems for the ASR. Funding is available for this expense in Water & Sewer Renewal & Replacement Fund account #442- 5178-536-46.90, Other Repair/Maintenance, after budget transfer. Please place this item on the February 21,2006 agenda for consideration by City Commission. Cc: John Bullard, Water Treatment Plant Manager Bob Bullard, Utility Maintenance Manager o\!s 1-17-06; 3:38PM; ;3864377337 # 2/ 6 . ~ 4 DtH4fllW~ I il Quote No. 060117-03. ! January 17, 2006 Mr. Bob Bullard City of Delray Beach Email: bul1Iard@el.delray-beach.fl.us Re: ASR \IIVell Field Telemetry Upgrade Quote Dear Mr. Bullard: Tf1Ink you for this opportunity to offer our products and services for the above referenced project AU products offered are compatible with the City of Defray Beach's ex;sting radio telemetry system. Please review the attached quotation for a complete summarization of this offering. ShouJd you have any questions or comments. please contact me at 321-'259-5009. Sincerely, Data Flow Systems. Ine Randy E. Wyatt Inside Sales Manager EmaH: randvCdataflowsvs.com Four pages follow PLEASE V1srr OUR WEBSITE 0 www..daiaI1owsys.oom Data Flow Systems, Inc. 605 North John Rodes Blvd. MelboLme, Florida 32934-9105 PH: 321.259.5009 FAX: 321.259.4006 r,'. '-'7-06; 3:38PM; ;3864377337 # 3/ 6 I City of Delray Beach Rehabilitation and Improvements of the Aquifer Storage & Recovery Facility Overview of Telemetry Service I I I This quote provides for Telemetry Integration and Start-Up of improvements to the Aquifer Storage and Recovery Facility (ASR) at the North Reservoir. The water transfer capability of the facility has been upgraded by changing the existing variable-speed pumps to constant- speed pumps and changing the associated manual valves to motor-actuated valves. This modification requires subsequent changes to the teremetry system originally instalted by DFS. In the new design. system flow rates wJU be controlled by throWing valves rather than by varying pump speed. DFS will update the RTU, PLC and PlC algorithm to accommodate these changes. The modification of HyperTACII configurations. ladders or screens will be performed by customer. In addition DFS Will trace, identify and tenninate new and existing field wfring in the RTU. Start-lJp and commissioning wll be coordinated with the customer to veJ:ify and test existing and new hardware. Freid instruments that are already in place and connected will also be tested at Start-Up. The guiding document for this quote is the original 0 & M Manual. modified as necessary to support the changes described betow. The ASR system is controlled by a stngJe PLC in a Data Flow Systems RTU. The PLC controls multiple functions encompassed within the two main operations of the ASR System: the Recovery Mode and the Recharge Mode. During normal operation only one mode is permitted to occur. and can only be initiated with the telemetry central computer by an operator. In the Recovery Cycle the PlC controls a constant-speed pump and two motorized throttling valves (Rotork) to regulate flow from the aqWfer well either to the Water Treatment Plant (Recycle Valve) or to a ground storage tank (Recovery Valve)~ The flow rate is based upon an operator-entered flow rate set point at the central computer. When flow is directed into the ground storage tank. the PLC also controls the chemical feed rate for the chlorination system. The operator may adjust the automatic feed rate variables, or may manually override the auto-chlorination function. In the Recharge Cycle the PlC controls a pump (Recharge Pump) and Rotork throttling valve (Recharge Valve) to control the flow rate from the finished water distribution line back into the aquifer well. This flow rate is based upon an operator-entered set point at the central computer. To implement the new control scheme, the following ,changes will be made: The Recycle Valve has been changed to a motorized throttling valve, so Its associated digital points (Module A Points 3. 11. and 12) wiJl be removed from Module A and will become analog points. moving to Module F (AMMOO2) Point 4 (Recycle Valve Position) and ModuJe-G-{ACMOO2) Point 1 (Recycle Valve Position Command). _. The Recovery Valve has been changed to a motorized throWing valve, so its associated digital points (Module A Points 4. 5, and 6) will be removed from Module A and win become analog points, mOving to Modute 0 (AMMOO2) Point 2 (Recovery Valve Position) and Module H (ACMOO2) Point 1 (Recovery Valve Position Command). . _ PLEASE VISIT OUR WEBSITE @ www.dataflcwsys.com _ Data Flow SyStems, Inc. 605 North John Rodes BNd.. MeIboume. Florida 32&34-9105 PH: 321.259.5009 FAX: 321.259.4006 '-17-06; 3:38PM; ;3864377337 The Recovery Pump has been changed to a singJe-speed pump, so its associated analog points at Module 0 Point 2 and Module G Point 1 wiD be removed and replaced by digital points at Module A Point 1 (Run Command), Point 5 (NormaVFault), Point 6 (Off/Running), and Point 12 (Phase Monitor). A phase monitor point wiN be added for the Recharge Pump at Module A Point 11. DFS WIll replace the existing PLCOO1 with a newer PLC033 when available. All required hardware not covered by this quote WiN be the responsibility of others. If needed, the routing of additional and/or replacement field wiring to the RTU will be the responsibility of others. The customer is responsible for providing DFS personnel access to the work site. and to have personnel on hand as required for testing. Jeft Morris Systems Engineering Data Flow Systems PLEASE VISIT OUR WEBsn:E @www.data1Iowsys.cor Data Flow Systems. Inc. 605 North John Rodes Blvd.. 1AeIlcune. Florida 32934-91 05 PH: 321.259.5009 FAX; 321.259.4006 # 4/ 6' . l 1-17-06; 3:38PM; ;3864377337 # 5/ S . City of Delray Beach Rehabilitation and Jmprovements of the Aquifer Storage & Recovery Facility Bm of Telemetry Materials/Services I I ! ASR RTU (1) Analog Control Module (ACMOO2) (1) Programmable logic Controller (PlC033) (17) Edco DRS036 Din Rail Surge Protector (5) API loop Isolator w/base (1) PLC Interface Work Station - (XPS M140 wi case) PANEL TO BE MODIFIED AND POINTS TO BE REWIRED . DIGITAL INPUTI DIGITAL OUTPUT (1) 01 RECHARGE DRIVE 3 PHASE MONITOR (1) 01 RECOVERY DRIVE 3 PHASE MONITOR ii, ANALOG INPUT/ANALOG OUTPUT (1) AO RECYCLE VALVE CMD (1) AI RECYClE VALVE POSmoN (1) AO RECHARGE VALVE CMD (1)AI RECHARGE VALVE POSITION (1) AO RECOVERY VALVE CMD (1) AO RECOVERY VALVE POSITION (2) AI SPARE ON-8ITE SERVICES this quote includes up to the following trips and on-site services: Survey and Project Supervision (1 trip, 40 hours on-site) Dellveryllnstall/FinaI Wiring (1 trip, 24 hours on-site) Pre-StartuplStart-up (1 trip, 16 hours on-site) Commissioning lfrainlng (1 trip, 8 hours on-site) SPARE PARTS (1) DJgltal Control Module (DCM003-1) (1) Digital Control Module (DCM003-2) (1) Analog Control Module (ACMOO2) (1) Analog Monitor Module (AMM002) (1) Programmable Logic ControHer (PLC033) (1) Radio Interface Module (RIM0(6) 458.3125 mhz (1) Power Supply Module (PSMOO2 100watt) (1) Edco DRS036 Din Rail Surge Protector ~~OON~~S . 1. No field instruments, other than those specificafly]isted above in the "BiD of Materials-, are induded in this quotation. . . 2. No services, other than those described in the "Scope of Work" is included in this quotation. 3. Provider of instrumentation. devices and services are responsible for signaVnoise quality to meet the requirements of the controlltelemetry system. 4. Surge protection to protect devices outside of the DFS panel is the responsibility of instrumentation/device providers. u ...'." -. -. 5. This quote includes 4 copies of the Submittal, and 4 copies of the 0 & M Manual for each RTU. I I j ~ ! ..' . PlEASE VISIT OIJR WEBStTE CD \WIIW.dalallowiys.com Data Aow Systems. Inc. 605 /'mr1h John Rodes Blvd. MeIboume. Florida 32934-9106 PH: 321.259.5009 FAX: 321.259.4006 1-'7-06; 3:38PM; ;3864377337 # 6/ 6 6. All required conduit and wire is to be provided and Insmlled by others. AC service wires, digital signal wires and analog circuit wires will not occupy the same conduits. DFS will tennlnate all wires in the RTU. 7. All required panel mounting structures and related hardware are to be provided and installed by others. 8. Grounding and Bonding of the ameMa tower, tower ground rod, RTU and Power Utilities ground rod is the responsibility of others. The grounds lugs and taps for aU need to be bonded together using a continuous single 6 AWG sofld bare copper wire. 9. Any required instrument mounting devices and associated hardware are to be provided and installed by others. 10. The RTU enclosure will be shipped to the contractor for mounting purposes. All items shipped will be billed at the time of shipment Freight charges wiD be added. 11. Ensuring the site is ready when services are requested is the responsibility of the customer/contractor. AdditionaJ trips and site services beyond those listed will be billed on a time and material basis when scheduled. A Purchase Order (P.O.) for this activity Will be required at thattime. ffthe cause of the additional activity is the responsibRlty of DFS, a P.O. win not be required. . 12. This quotatIOn Identifies work 'that is the responsibility of others (contractor) as defined above. I, It must be noted that If OFS personnel arrive at the job site as scheduled. and the i, "responsibility of others" work has not been completed. one of the foflowing two actions will occur at DFS' sole discretion: a) DFS completes the work. The contractor wi' be invoiced for addlttonal time & materials required ($108.00 per hour labor rata. minimum 1 hour). b) DFS reschedules Its activity pending completion of work by others. The contractor will be invoiced an additional round-trip travel charge (minimum charge is $1.296.00). 110 REQUIREMENTS 1. All digital Inputs to the DFS RTU will be of a dry contact type, terminal connections to be provided by the MCC manufacture/contractor. 2. Mixing of multiple sources of power will not be permitted. 3. All digital outputs from DFS RTU will be dry contacts and provide for 120VAC at 10amp capacity. 4. All analog Inputs will be 4-2OmA 5. All pulse Input to be dry contact. and mechanically operated. 6. 4-20 mA slgnaJs at minimum to provide 500 ohm impedance drive. DFS SCOPE OF WORK OFS evaluate, identify and document all wiring to the RTU. OFS will deliver the components to the location designated by the customer. DFS witl coordinate the testing of all installed devices and instrumentation with the customer. DFS wiD replace the existing PLCOO1 with PLC033 and rewire panel as needed including new additional surge protection and loop isolators. DFS wi" provide on- site start-up services. LEAD nME Submittal: 45 days ARO Equipment: 120 days ARO and receipt of approved subm!ttal. PRICING This quotation totals $30.116.00. plus any applicable taxes and shipping. Payment terms are Net 30. This quote will be honored for 90 days. Please note that DFSwiIL.submit an invoice for each activity and payment schedule-is as follows: 25% Submittal issued 55% Delivery of Product (80% if no submittal required) 10% start Up 10% Completion of Punch list items PlEASE VISIT OUR WEBSITE @ www.~.com Data Row Systems. Inc. 605 North JoM Rodes Blvd. MeIbOlme, Rorida 32934-9105 PH: 321.259.5009 FAX: 321.259.4006 -. AGENDA ITEM NUMBER: ~';J ,6 AGENDA REQUEST Date: February 15, 2006 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 21,2006 Description of agenda item: Staff reQuests Commission approval of a sole source agreement with Data Flow Systems. Inc. in the amount of $30.116 for provision of materials and services reQuired for restoration and upgrade of the radio monitoring and control facilities at the City's AQuifer Storage & Recovery Well. Recent repairs to the well included eQuipment modifications to enhance operational abilities and mitigate historic pump failure problems. The radio telemetry system must be restored and modified to accommodate the new eQuipment. Funding is available in W&S R&R account # 442-5178-536-46.90. Other Repair/Maintenance after budget transfer. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staffrecommenda ~, Department Head Signature: ~ <z. -1'$- DJ- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (;J it{ No Funding alternatives (if applicable): Account Description: tfcf2 -~/78 -.) 5~_ ~ ~ 70 ()IIi-I rajYll/' q flat f1~. ~ ~ t/'f 9/~ ~AW 1rt1.fl~.r Account Number: Account Balance: City Manager Review: Hold Until: I1Lf I No Approved for Agenda: (5J Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: [IT ,,," i"., ,.",",)J\{ I: ~r'~ F.', I.. }~<;,. Ii v ~;," E [ FIRE-RESCUE DEPARTMENT ";HLA~Jil REf..CH DELRAY BEACH ~ All-America City , III I! 1993 2001 MEMORANDUM TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief SUBJECT: Purchase of Replacement Engine-Pumper DATE: February 14,2006 The Fire-Rescue Department is requesting City Commission approval to purchase one (1) 2006 Pierce Custom Engine-Pumper from Pierce Manufacturing, Inc. of Appleton, Wisconsin through Ten-8 Fire Equipment Inc. of Bradenton, Florida by utilizing a competitive bid executed by Lake County, Florida - Bid #99-150. This unit will replace a 1988 pierce Custom Engine-Pumper that was seriously damaged in a vehicle accident on December 30, 2005. Based on a report from the City's appraiser, the cost to repair the vehicle would far exceed its current value. The 1988 pumper had in excess of 120,000 odometer miles and was scheduled for replacement in October 2006. Risk Management is working with the City's insurer to recover a significant portion of the replacement cost of this unit, which should ultimately reduce the impact to the City's Garage Fund. We are recommending that this unit be purchased using the Pierce Manufacturing, Inc. "pre-pay" discount option in the amount of $9,485.00 based on Chassis Payment of $220,393.00 at the time the order is placed. The purchase price, including a pre-pay discount for the chassis is $422,806.00. The pre-payment option has been reviewed by the Finance Department and found to be advantageous to the City. Delivery should be within 210-240 working days after the issuance of the purchase order and pre-payment. FIREfif=,;r" ! P/'-I.H'f !-:r :1 !_.::\f~ r-~ . )t:! Rl\Y HF:'\(' I 'l ()RIDA 33444 ~\l.~ Attached you will find the proposal from Ten-8 Fire Equipment - Pierce Manufacturing; the analysis on the payment options by the Finance Department; Lake County bid extension authorization; and an Agenda Request for City Commission action on February 21,2006. Ie ~, K~Koen Fire Chief ----' CC: Asst. Chief John Tomaszewski Mr. Richard Hasko Mr. Kevin Rummel Attachments: 4 MEMORANDUM To: Kerry Koen, Pire Chief From~ Thru: Rebecca S. O'Connor, Treasurer Joseph M. saffo'$;ector of Finance Subject: Engine-Pumper Date: February 9, 2006 I have analyzed whether it is cheaper to pay $416,798 up front (Option 1) for a proposed Engine-Pumper or pre-pay $220,393 up front and the remaining balance upon receipt of the vehicle (Option 2). A comparison was made between the sum of the discount and the estimated lost interest on the pre-paid amount for each option. We have assumed receiving the vehicle 294 days from the day of the order and an interest rate of$4.37%. I recommend Option 2 which is the cheaper option by $1,002 based on these assumptions. I have run additional scenarios not shown here but the final determination is that the shorter it takes the City to receive the equipment the cheaper it is, albeit minimal. See table below. Option 2 is also a better option in terms of liability in the event the vendor files for bankruptcy. That is, we would be out $220,393 vs. $416,798. It should be confirmed whether the vendor will be putting up a performance bond. Options Gross Less Plus Lost Net Amount Discount Interest Amount Option 1 (pre-pay $432,291 ($15,493) $14,875 $431,673 $416,798) Option 2 (pre-pay $432,291 ($ 9,485) $ 7,865 $430,671 $220,393) Difference $ 1,002 Please give me a call if you have any questions. Feb 06 06 02:31p p.2 PROPOSAL FOR FURNISHING FIRE APPARATUS February 1 , 2006 City of Delray Bcach 501 West Atlantic BLVD Delray Beach, Florida 33444 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One Pierce Custom Dash 174" HDRP $ 452,291.00 Pricing in accordance with Lake County Contract 99-150 for Tag-On purchase. Optional Pre Pay Discounts (with order) Chassis Payment of$220,393 w/order will offer (9,485.00) or 100% Pre Pay of $416,798.00 Will Include (15,493.00) Discount Pricing Includes Additionalltems 1. Taylor Data System MDT System As Quoted $6,632.00 2. Team Hurst Rescue Tools As Quoted $7,867.00 Pierce Customer Factory Discount (20,000.00) Total $ 432,291.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 210-240 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Delray Beach, Florida The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company ofthe order to purchase, and provided such alterations do not materially affect the cost ofthe construction ofthe apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFP A) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as moditied by customer specifications. Any increased costs incurred by first party because offuture changes in or additions to said DOT or NFP A standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw t\Proposition. \~ PIERCE A t!~TU~ING, IN . \ \ '\ By: J' . ENT A TIVE C~~ C~> February 1, 2006 City of Delray Beach, Florida Lake County Contract 99-150 Pricing Computation Formula 6.10% Mark-up Over Cost $ 285,863.00 $ 11,434.00 $ 120,625.00 $ 12,062.00 $ 7,099.00 $ 709.00 1. Vehicle Base Model Cost 2. 4% Mark-Up Over Base 3 . Vehicle Options - Above Base Vehicle 4. 10% Mark-Up Over Vehicle Option Cost 5. Vehicle Equipment Accessories Total Vehicle Price $ 437,792.00 Pierce Customer Factory Discount ( 20,000.00) Total Purchase Price $ 417,792.00 Pricing Includes All Delivery Transportation And Training Cost Total $ 6,632.00 $ 7,867.00 $432,291. 00 +Taylor Data System MDT System +Team Hurst Rescue Tools ~~~ Customer: Representative: Organization: Contract Admin: Description: Body: Chassis: Line PRIDE # 16 0024856 23 0010427 28 0001220 33 0000860 34 0000854 35 0062345 40 0051229 43 0001091 58 0065799 59 0003245 60 0001960 61 0002045 62 0001958 63 0001953 64 0032055 69 0099243 70 0018162 71 0042265 72 0032303 76 0005772 78 0032192 79 0012245 81 0002268 82 0551539 83 0012251 84 0012222 85 0005739 92 0012350 94 0012017 95 0025527 99 0018292 107 0012613 108 0028432 109 9902140 110 0012485 116 0022853 120 0012707 122 0012719 124 0012744 141 0044431 147 0077704 148 0087562 153 0087706 154 0087709 Component List OPTIONS Ciity of Del ray Beach Michael Schneider Ten-8 Fire Equipment, Inc MGR 174" HDRP Pumper Pumper, Heavy Duty Rescue Dash-2000, HDRP Chassis 5140 220062 6/30/2000 12032TR Bid Number: DB Version: Bid Date: Job Number: Component Qty Frame Liner, Inv "1.." 12.68" x 3.00" x .25", DLX/QtmlEnf I Suspension, Front TAK-4, 22,800 Ib, DLXlEnflQtmlAXT 1 Engine Brake, Jacobs 1 Outlet, Air, with shut off valve 1 Air Inlet, w/Disconnect Coupling 1 Engine, DDC Series 60, 12.7L 455 hp, 1550 Torque, DLX/AXT, 2004 I Data Logger, Data Storage Device 1 Cooling Hoses, Silicone - Custom 1 Chocks, Wheel, AC-2, Mounted, Vertical I Axle Hub Covers wlcenter hole, SIS, Front Axle I Axle Hub Covers, Rear, SIS, High Hat (Pair) I Mud flaps, wllogo front & rear I Wheel cover, SIS, 8.25" & 9.00" (rear pair) I Wheel cover, SIS, 12.25" & 13.00" (front pair) I Cab, Dash-2000, 67" w/lO" Raised Roof I Controls, Electric Windows, Manual Door Locks, Custom I Cabinet, (I) EMS, 30"H x 19''W, PS Otbrd, wllock, (All Chassis) I Shelt: Adj, EMS Compt, w/Light Bracket I Doors, Access Sides offrwd fuce seat, DX/EnflSab/Qtm I Fenders, SIS on cab, wlRadius comer, 2.00" wide I Mirrors, Ramco, wlmanual convx, remote control, (6000CCR), Door mnt I Bumper, 19" extended - all chassis' I Rods, Sight on Bumper, Bores, model BG48-1 0 I Strap, Black Nylon Hold-down, Velcro, Hose Tray 2 Tray, (I) Hose Left Side of Bumper 1 Tray, (I) Hose Right Side of Bumper I Tow Eyes, Chrome, Chicago Style, Top of Deck 1 Seats, (2) CIC, 911Forw Facing, w/SCBA, Inboard I Bracket, Air Bottle, Quic-Hold MW AB-6-SP, 911 Cab Seats 3 Inserts, Back Rest for 911 SCBA Seats, (New Style) 3 Spacing, 8", Between Forward Facing Crew Cab Seats, DX/EnflSab I Air Conditioning, DX/Ent: Raised Root: Frwrd Facing, Standard '99 AC Pkg I Brush Guard/Cover, Air Conditioning Condenser, 4-way, Cab Roof Aerial I Brush Guard/Cover, Air Conditioning Condenser, 4-way, Cab Roof Aerial I Air conditioning, Coleman Mach III, 120V, Cab Roof 1 Antenna, Mount Only, For 2-way Radio Std, DLXlEnf1AXT I Charger, Sngl system, Kussmaul Auto Charge 1200 I Kussmaul Auto-Eject, 20A Recep (batt chrgr) I Cigarette Lighter and Plug I Sleeve through Tank - Up to 3" Plumbing 1 Divider, Hose Bed, Unpainted, HDR Pumper 2 Cover, Hose Bed, Roller Shutter, Pumper I Compt, DS Rol Dr HDR Pumper, 174" I Compt, PS Rol Dr HDR Pumper, 174" I 2/17/2006 Price 1,334 8,806 4,537 398 288 2,201 1,638 570 405 79 167 446 573 559 1,903 1,004 793 191 283 723 1,326 1,749 372 218 318 318 492 1,143 1,220 181 193 8,457 558 558 1,921 56 1,318 482 145 257 784 5,928 1,455 1,455 155 0041165 1570041230 158 0019845 1590055681 160 0045678 161 0003982 162 0083986 163 9902249 164 0034160 165 0003942 166 0003945 169 0004095 180 0004361 184 0004390 185 0010500 197 0024962 209 0034720 211 0014785 212 0054823 213 0009620 215 0004797 222 0004905 226 0005030 228 0024934 229 0004995 248 0014141 2490500122 250 0005200 267 0005780 287 0039768 288 0038925 290 0015995 292 0006066 297 0016080 308 0094666 316 0006736 317 0067677 318 0067697 319 0006825 320 0006827 321 0066849 322 0053942 323 0006824 324 0026790 325 0036802 326 0036800 327 0016992 328 0016995 331 0007210 332 0017242 Doors, Roll-up, Gortite, Painted and/or Locking, Side Compartments Door(s), Roll-up, Gortite, Painted and/or Locking, Rear Compt Guard, Drip Pan, SIS, Roll-up Door Access Door Cargo Compt, D S, Alum. 4-way Access Door Cargo Compt, PS, Alum 4-way Tray, 500 Ib Slide-out wI 2" Sides - Floor Mounted Tray, Adj., 30 Deg., TiltJSlide-out, (215 Ib) Access Panel, Compartment Wall, Turn Fasteners Compt, Backboard Storage, (2) Over Pump and Rearward, Access Both Sides Shelves, Adjustable, 215 lb Capacity Shelf Tracks Troughs, H.SR., (1) Each Side Tubes, Alum, Pike Pole Storage Step, Folding - Extra, Body Only Step, Rung, Camper Style, Pull-out & Drop Down,20" Wide Thermal Relief Valve, OPM, Waterous Anode, Zinc, Pair, Pump Inlets Inlet, 4" to 6" Front w/5" plumbing Saber, Dash-S Front Suction Actuation, Handwheel Intake Relief Valve, Front Inlet Swivel, Painted, 6.00" Front Inlet Outlet, 1.50" Tank Fill Outlet, RH, 3.00" w/3.00" (added) Outlet, Front, 1.50" wl2.00" plumb & swivel, Top of Bumper Outlet, Rear, 2.50" Speed, (2) 1.5" W/ Tray, Top MtJSide Cntrl, Std. Cap. Hose Restraint, Crosslay/Speedlay, Eacb Cover, Cross lay, Alum Treadplate Control, Air Horn at Pump Panel Lights, Side Scene, Wbelen 900 Halogen Lights, Rear Scene, Wbelen 900, Halogen Handheld Cab Spotlight, Collins CL-12 Two (2) Lanyard Controls fur Air Horns Siren, Federal Q2B Harrison 10 kW MCR Hydraulic, Hot Shift PTO Cover, Generator, Above Pump Tele-Lite, 500W Telescoping Tripod Tele-Lite, 500W wlBottom Raise,Telescoping Pole Reel, Electric Cable - Hannayl600 (3-wire) Cord, Electric, 12/3 Yellow Box, Junction - GFE EJB, Four 5-20 Str Blade Enclosure, Reel, Feed Through Side Sbeet Holder, Junction Box Receptacle, 20 Amp 120V 3-Prong, Fire Power Sub Feed Breaker Box, For Shoreline Switch, Auto Transfer, Up to 30Amp Hose, Hydraulic, Amkus, Power Supply to Reel Reel, Hydraulic, 150' Cap., .25" Dual Hose Paint, Two Tone, Cab, Custom Cab/Commercial Cab Paint Cbassis Frame Assy. Job Color Vehicle Options Total List: 6 1 7 1 I I 1 I 1 8 7 I 2 2 1 I I I 1 I I I 1 I I I 3 I I 1 I I 1 I 1 1 I I 2 2 2 2 2 3 1 I 2 2 I 1 376 63 735 281 281 619 517 224 1,183 871 691 1,045 259 459 363 778 259 5,621 560 549 1,276 442 1,967 1,830 1,576 4,502 361 407 136 492 490 345 521 3,030 13,647 835 1,299 1,142 3,121 1,015 963 647 436 951 200 462 992 2,923 687 396 120,625 176 0014245 173 0004225 174 0004230 178 0004345 243 0046954 244 0046998 251 9901394 41 9902250 VEHICLE EQUIPMENT ACCESSORIES Ladder, Folding, 10' 585A, Duo-Safety, w/Mtg I Ladder, 24' Duo-Safety 900A 2-Sect I Ladder, 14' Duo-Safety 775A Roof I Pole, Pike 6' Fiberglass 1 Monitor, Elkhart "Stinger" 8297 5" Storz inlet portable base 1 Nozzle, Elkhart SM-1250, ST-194 Tips and 282A shaper I Tray(s), Additional, Speedlays 1 Diagnostic Software, Detroit Dsl. Diagn. Link,(For LapTop & multiple order of. 1 Vehicle Accessortes Total List 462 719 351 195 3,496 1,070 347 459 7,099 SflECIFICATlONS* o QUANTUM'" lANCE" DASH3 ARROW xr ENFORCER@ SABER@ Engine Horsepower 340-515 hp 340-525 hp 340-525 hp 380-525 hp 300-400 hp 300-400 hp Transmission Allison EVS3000 Allison EVS3000 Allison EVS3000 Allison EVS4000 Allison EVS3000 Allison EVS3000 and 4000 and 4000 and 4000 Alternator 270-400 amp 270-400 amp 270-400 amp 270-400 amp 270-400 amp 270-400 amp GVW Ratings Front: Up to 24,000 Front Up to 24,000 Front: Up to 24,000 Front: Up to 24,000 Front: Up to 22,000 Front: Up to 16,540 Rear: Up to 58,000 Rear: Up to 58,000 Rear: Up to 58,000 Rear: Up to 58,000 Rear: Up to 44,000 Rear: Up to 31 ,000 Frame Rails 13'1a"/33.98cm 13'1a"/33.98cm 13 'Ia"/33.98cm 13'1a"/33.98cm 13'1a"/33.98cm 10'I,'125.73cm Slze/RBM Cab Length 135'!."-159" 2 -door cab @ 91 31." 2 -door cab 2-door cab @ 913/.- 129 'I,; 139W:149'/," 2-door cab 139 '1,'-166 '/4' 12931.': 139W: 149'/," 125 'Is" -135 'Is" 130'1,' Cab Raised 12" or 22" 10",16" or 22" 10",16" or 22" 10",16" or 20" 10", 16" or 22" 12" or 22" Seating Capacity Up to 10 Up to 10 Up to 8 Up to 8 Up to 8 Up to 8 TAK-4m Standard Standard Standard Standard Standard N1A Cramp Angle 45-degree max. 45-degree max. 45-degree max. 45-degree max. 45-degree max. 45-degree max. Brake Size 17" rotor wfTAK-4 17" rotor wfTAK-4 17" rotor wfTAK-4 17" rotor wfTAK-4 17" rotor wfTAK-4 Drum Rear Axle Leaf, rubber, air Leaf, rubber, air Leaf, rubber, air Leaf, rubber, air Leaf, rubber, air Leaf or air 0 Suspension Single or tandem Single or tandem Single or tandem Single or tandem Single or tandem Single axle only Water Tank Capacity Up to 3,000 gal Up to 3,000 gal Up to 3,000 gal Up to 3,000 gal Up to 1,500 gal Up to 1,500 gal Command Zonem No Yes Yes No Yes No 'This chart is for comparison purposes only. See your Pierce representative for more information about the wide range of specifications available on each chassis model. ~-> One 2006 Pierce Custom 174" Dash HDRP For City of Delray Beach, Florida January 31, 2006 We are pleased to submit a proposal to you for a Pierce@ triple combination pumper per your request for quotation. The following paragraphs will describe in detail the apparatus proposed. It meets the applicable requirements of the National Fire Protection Association (NFP A) as stated in current edition at time of contract execution, except where amended by your specifications. Loose equipment not specifically requested will not be provided. PIERCE MANUFACTURING was incorporated in 1917. Since then we have been building bodies with one philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over 50 years of experience in the fire apparatus market. Our plant is located in Appleton, Wisconsin with over 474,000 total square feet of floor space situated on approximately 93 acres ofland. A multi-million dollar inventory of parts is available to keep your unit in service long after it has left the factory. QUALITY AND WORKMANSHIP Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning. We currently have a "Quality Achievement Supplier" program to insure the vendors and suppliers that we utilize meet the high standards that we demand. That is just part of our overall "Quality at the Source" program at Pierce. Another part of this program is employing experts in their fields, like a Certified American Welding Society Inspector to monitor our weld quality. DELIVERY The apparatus will be delivered under its own power to insure proper break-in of all components while the apparatus is still under warranty. INFORMA nON At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle. SAFETY VIDEO At the time of delivery Pierce will also provide one 39-minute, professionally-produced apparatus safety video, in DVD format. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre-trip inspection, chassis operation, pump operation, aerial operation, and safety during maintenance. Page I of 70 CP~-> showing any changes made to the approval drawing. WARRANTY Limited Warranty Except as provided below, and provided the vehicle will have been placed in service within 60 days after delivery to the original purchaser as established by our original invoice, for a period of 12 months after delivery to the original purchaser, Pierce Manufacturing Inc. ("Pierce") warrants to the user that its Fire and Rescue Apparatus vehicles are free of defects in material and workmanship. This limited warranty will apply only if the vehicle is properly maintained and used in service which is normal to the particular vehicle. Normal service means service which does not subject the vehicle to stresses or impacts greater than nonnally result from the careful use of the vehicle or chassis. If the buyer discovers a defect or nonconformity, it must notify Pierce in writing within 30 days after the date of discovery. This limited warranty is not transferable by the first user. A copy of the Pierce warranty is included with this proposal. BID BOND A bid bond as security for the bid in the form of a 10% bid bond, will be provided with the proposal. This bid bond will be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language which assures that the bidder/principal will give a bond or bonds, as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract. DASH@ CHASSIS The Pierce Dash is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt-type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with adequate strength, capacity for the intended load to be sustained, and the type of service required. The chassis will be the manufacturers first line tilt cab. SEATING CAPACITY The seating capacity in the cab will be six (6) . WHEELBASE The wheelbase of the vehicle will be 216". GVW RATING The gross vehicle weight rating will be 53800. FRAME The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will have a 13.3 8" tall web over the front and mid sections of the chassis, with a continuous smooth taper to a 10.75" over the rear axle. Each rail will have a section modulus of25.992 in. sq. and a resisting bending moment (rbm) of3,119,040 inch pounds over the critical regions of the frame assembly, with a section modulus of 18.96 in. sq. with an rbm of2,275,200 inch pounds over the rear axle. The frame rails will be constructed of 120,000 psi yield strength heat treated .38" thick steel, with 3.50" wide flanges. Page 3 of70 MODIFICATION OF CONTRACT LAKE COUNTY FLORIDA 1. Mod fication No.: 13 2. Contract No.: 99-150 Effe :tive Date: May 22, 2005 Effective Date: July 19, 1999 3. Con1racting Officer: Roseann Johnson, CPPB Telephone Number: (352) 343-9765 5. Contractor-Name and address: Pierce Mfg. Inc PO Box 2017 4. Issuej By: I.ake County, Florida IJrocurement Services I.ake County Administration Building :~15 W. Main St., Suite 416 Tavares Florida 32778-7800 6. . ,PECIAL I NSTRUCTIONS: If indicated, contra.cmr is required to sign Block 8 showing acceptance of the below written 11odification and return this forrr to address shown in Block 4 within ten (10) dav$ after receipt. preferably by certified 11ail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to :>riQinal of contract which was oreviouslv provided. Appleton, WI 54913 Attn: Robert Boggus 7. DE~iCRIPTION OF MODIFICATION: :xtend contract through May 21, 2006, per special terms and conditions, item 4. 8. Contractor's Signature: REQUIRED Name 9. Lake County, Florida By: Title Dato~ ~4(~L.l-?f~/~~'~ Contracting Officer c7' 10. Jistribution: Orig nal - Bid No. 99-150 Copies - Contractor Public Safety Contracting Officer Ten-8 Fire Equipment Inc ~-::lL~7'- ,;1/ 02.t:JJt).,5 ... LAD COUNTY, FLORIDA .. 1. Modification No.: 6 2. Contract No.: 99-150 Effect.ive Date: May 21, 2002 Effective Date: July 19, 1999 f 3. contracting Officer: Roseann Johnson, CPPB Telephone Number: (352) 343-9765 5 . Contractor-Name and address: pierce Mfg. Inc 4. x.sued By: ~e County, Florida Procurement Services Lake County Administration Building 31S'W. Main St., Suite 416 Tavares, Florida 32778-7800 PO Box 2017 .. Appleton, WI 54913 Attn: Robert Boggus 6. -"'- SPECIAL rNSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt. preferably by certifi~d mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract which was previously provided. 7. DBSCRIPTION OF MODIFICATION: . . ~: Pierce Mfg. Co. will sell under t.he same terms and condi~ions, for the same price, to other governmental/public agencies. in the State of Florida. ~: Contract will hereby be modified to include a ~ percent l.GOS) administrative fee charged to any entity accessing the contract. AXB'ND: This Contract is effective from May 21, 2002 through May 20, 2003 except the County reserves the right to terminate this Contract immediate~y for cause and/or lac] of funds with thirty (30) days written notice for the conve!tJ.ence of the County. :rhJ.: contract also provides for four additional twelve (12) month renewals at the county's sole option at the terms noted in the Bid. B. Contractorls Signature: 9 . Lake County, Florida Name <& By: Date Director Title Original - Copies - Bid No. 99-150 Contractor Fire R.escue Contracting Officer Risk Management Ten B Fire Equip. Inc. OlD mi9/ Glob OJ... , Date lID REmlEST NO. "'.10 SPECIAL TERMS AND c~moNS . CAllE I ...~ SPECIAL TERMS AND CONDITIONS 1. INTENT OF BID: It is the intention of this bid request for the County to enter into contract with 8 single bidder for: n" initial urchase of the s ecific fire apparatus specified on the bid sheet anq. (2) to croXidQ f9r cmj!,Q~!J!,ite quantity contract ~It t e awar e I er or.. r us hereto s ecified and uns ecified fire apparatus. The resulting. contract shall guarantee the construction and' delivery to the ounty any a ditiooal fire . apparatus as may be required by the County -throughout the initial contract term and any subsequent contract renewal periods. 2. PRICING FOR THIS BID REQUEST AND SUBSEQUENT CONTRACT: Bidders shall price the specific fire apparatus specified (Bid Sheet, pace ]. 91 4. It~rp ~9. 1) usiOO tpe pric;;ing structure bid stated on Bid Sheets 1 'and 2. Bidders must submit with their bid response sufficient information for the County to verify that the bid prices .offered for the required fire ap(?aratus have been calcula~ed using the pricing structure on the Bid Sheet. Throuchout the term of any contract awarded as a result of the Bid ReQuest, the price structure erovided on. Bid Sheets 1 and 2 bv the successful bidder will be utilized by the Countv to Drics anv vehicles Durchased against the contract. Within the contract period, the County reserves the right to verify prices by examination of dealer or distributor's .invoices and to evaluate all proposed purchases with respect to reasonableness of price. The County may reject any proposal m6de by the contractor in favor or renegotiation or bidding. . 3. CONTRACT PERIOD: Any contract derived from this request shall be effective for the . approximate twelve (12) month period immediately following the date of award. 4. OPTION TO RENEW CONTRACT: The County reserves the sole right to renew. said contract for four (4) additional twelve (12) month periods at the same pricing swucture, specifications, and terms and conditions of any contract derived from this bid request. 5. ESTIMATED QUANTITIES: Any contract entered into will be of the "open end- type. The contractor will deliver such quantities as may be ordered, and the contract shall be binding only for the actual quantities ordered during the contract period. Orders will be issued throughout the contract period as needs are determined. The quantities indicated on the bid sheet are the apparatus that will be ordered initially with award of this bid request. The County anticipates ordering six (6) additional apparatus in fiscal year 2000 and six (6) additional apparatus in fiscal year 2001. 6. CONTRACT PRICING: The set pricing structure bid (percentage above bidder's dealer net 1 cost for vehicles, equipment options and vehicle accessories and percentage discounts from identified price lists for cab and chassis parts and body parts) shall remain firm throughout the original contract period for apparatus and for any subsequent contract renewal periods Eoak. COWlt:y PJ:'OCUZ'.uA~ I~c.. P.O. Box 7800 315 W. '1Id.A, Jtoc:a 41. Ta~.., ~ 32771-'100 8x%) UQUBS'l" BO. "-l! 8m SUI P~ 3. 01' , s)...J TO AtmUS. a AS REQUIRED ON EACH OlDER .m ..... DIVO%CB TO I LA1CB COtJN'1'Y EMERGENCY.' SERVICES PO BOX 7800 TAVARES, FL 32778-7800. "J."Ift8 t:8 m"l' U alma .~ic.. I'.o.a. De.ttDa~l~ REQ. . NO. . ITEM NO. 1. ITEM AND SPEC7FlCATION FIRE APPARATUS, PER PRECEDING SPECIFICATIONS QtIAHTITY 5 maT mrIT PlU CE EXTENDED PRICE $ 1J8.772.2C Q $141,7~4_4, STATE SET PERc:mrr ABOVE BIDDD' S NET COST FOR 'l'HE POLLOWDrG: VD%CI.BS : 4 '" .QUX:naDrr Ol'nOJlS: 1n ~ VD%CL8 ACCBSSOJl%U: 10 '" STATE PERCENTAGE DIscomrr FROM IDENTIFIED PlUCE LIST(S) FOR THE FOLLOWING ~ CAB/OIASSIS PARTS: 1n It PRICE LIST Pierce Mfq.. OEM proP DATE or PlUCE LIST 2/99 BODY PUTS: 10 It PRICE LIST Pi pr~p. Mfg' _ OEM PPoiP DATE 01' PRICE LIST 2/99 REQUIRED DELIVERY DATE VENDOR DELIVERY DATE CREDIT TERMS Contracting Officer: Roseann Jobnaon Tel. No. (352)343-9765 270 Days ARO 1/2%, Net 10 hereby agree to fU%DJ.sh the itema on which prices are qucced above and on subsequent pages 1.: cordance with all terms and conditions previou.ly lisced and any attached specifications. lUly Name Pi AT"Ce Manufacturinq. Inc. I dr... 2600 AmeriC~riVe . :aNATORE OF BIDDER ~ ~I d , FEIH# 39-0139830 Date 6/21/99 54915 ~ City, Scate, Zip Appleton, Wisconsin - TITLBAuthorized Sales Representat Ptn\ nv DD TW"MIPn ~_ ..... .. ...__ ~",h...._~ D D____._ Date: February 13. 2006 AGENDA ITEM NUMBER: '2>\J .~ AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: February 21. 2006 Description of agenda item (who, what, where, how much): Approval to purchase one (1) 2006 Pierce engine-pumper ftre suppression vehicle for the Fire-Rescue Department from Pierce Manufacturing Inc. through Ten-8 Fire Equipment Ine. of Bradenton, Florida in the amount of $422,806.00. Department Head Signature: k "--l 'fS L r- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure offunds): ~ Funding Available: @ No Initials: Account Number Sol 33/2. t::;9 J 'If z.j S'Sf 1~7S $"9/ ~..r StJ V~'1i tete ~cN'r PIl..o Pe(2.:{'1 G.4-, ^'( .> Description Account Balance: 11~ ,c:: ,....0" e;s i ~ ~ p~. ~"'\ R.~J:' ~"""".,.. fl "'OC:e:P ~ ~v~(...~~ ..."""s ~Cl)~e...~. (if applicable) ~ Funding Alternatives: City Manager Review: Approved for Agenda: GJI No Initials: tJ?1- Hold Until: Agenda Coordinator Review: Received: FROM: DAVID T(~, ~NAGER PAUL Dd;~G. DIREC~ O~ PLANNING AND ZONING JASMIN ALLEN, PLANNER {W~" af!/!e/fl MEETING OF FEBRUARY 2,( 2006 - REGULAR AGENDA CONDITIONAL USE EXTENSION REQUEST FOR ASTOR, LOCATED AT THE NORTHEAST CORNER OF PINEAPPLE GROVE WAY AND NE 1ST STREET TO: THRU: SUBJECT: The action requested of the City Commission is that of granting an extension of two conditional use approvals, one allows a building height in excess of 48 feet (58'2" approved) and the second allows the residential units to exceed 30 units per acre (43 du/ac approved) for Astor (fka Villas in the Grove), pursuant to LDR Section 2.4.4(F)(2). The development proposal incorporates Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat and is approximately 2.10 acres. The proposal consisted of the demolition of the one-story portion of the existing "Creations of Delray Beach" building; the construction of a five-story building adjacent to the F.E.C. Railroad and north of the two-story portion of the "Creations of Delray Beach" building that is to be retained; and construction of a four-story mixed-use building along Pineapple Grove Way. The proposed five-story building will consist of two and one-half levels of parking and three levels of residential dwelling units (39 units). The proposed four-story mixed-use building will contain 51 residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) office bays totaling 2,138 square feet and a covered parking area. On March 11, 2004, the development received Conditional Use approval to allow a building height of 58' 2" and to allow a density of 43 dwelling units per acre. Site plan approval was subsequently granted by the Site Plan Review and Appearance Board on April 14, 2004 and approval of the subdivision plat was granted on June 7, 2005. On October 24, 2004, a Class III site plan modification was approved by the Site Plan Review and Appearance Board. The modified development proposal resulted in an additional 99 square feet of retail floor area, an additional 347 square feet of office floor area, and seven (7) additional parking spaces within the four-story mixed use building. An additional 19 parking spaces were provided within the five-story building adjacent to the F.E.C. Railroad as a result of the extension of the basement parking level. The amount of dwelling units within the development remained the same (90 units total); however the units were evenly distributed throughout the buildings. The interior drive-aisle was also reconfigured resulting in a reduction of eight (8) parking spaces. Demolition permits for the one-story portion of the existing building were issued and the building has been demolished. The site has been fenced and cleared preparing the site for the installation of footers and underground utilities. Pursuant to LDR Section 2.4.4(D), a development project shall be considered established when improvements, representing 25% of the total costs of all improvements to be used in developing the project, have been constructed or a certificate of occupancy has been issued for the use of the property pursuant to the development approval. The demolition and current level of construction does not represent 25% of the total cost of all 9/\ City Commission Documentation Meeting of February 21 , 2006 Astor (fka Villas in the Grove) Conditional Use Extension Request Page 2 improvements; and it does not appear that the development will achieve this threshold by the expiration date. Therefore, the conditional use approvals will expire on March 11, 2006 unless approvals of the conditional uses are granted. The related site plan extension will be considered by the Site Plan Review and Appearance Board on March 8, 2006. A written request to extend the conditional use and site plan approvals have been filed within the forty-five (45) days required by the LDR Section 2.4.4(F). Additional background information and full analysis of the proposal can be found in the attached staff report, dated February 23, 2004. Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: · A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; · The letter must set forth the basis and reason for the extension; · The extension shall be considered by the same body which granted the original approval; · The extension, if granted, shall be for eighteen months unless otherwise stated; LDR Section 2.4.4(FH2) "Construction Has Commenced" Pursuant to LDR Section 2.4.4.(F)(2), when there are substantial improvements on the site but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. Pursuant to LDR Appendix "A", the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction". Given the demolition activity that has occurred with respect to the demolition of the existing one- story building and the excavation of the parking lot portion of the site, the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith", the granting body shall consider: · When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); · The extent to which construction has proceeded; · The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following statement, regarding the delay with the construction of the proposed project and in support of the extension request. This request is being delivered as mandated more than forty-five (45) days prior to the expiration date of both approvals. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of the two (2) entitlements should be granted. City Commission Documentation Meeting of February 21, 2006 Astor (fka Villas in the Grove) Conditional Use Extension Request Page 3 First, the impacts of the past two hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Nonetheless, the applicant has continued to remain diligent in its efforts and has continued to show good faith. For example, our client greatly improved the project through a substantial redesign after purchasing the property with the entitlements. Moreover, all ninety (90) residential units are under contract and these Buyers expect to soon have the opportunity to live in their respective units in Downtown Delray Beach. Similarly, the majority of the retail and office bays have been sold. With the highly increased construction costs, and increased housing costs, Altman will be delivering the project to these Buyers at purchase prices now well below market rates. It is important to Altman that it maintains its stellar reputation and that it deliver on its promise to its Buyers, many of which are Delray Beach residents, to build these units as promised. This project includes a parking garage. It includes demolition of only a portion of an existing building and leaving a large office building on the site which is owned by a different party. Coordination of these various elements is more time consuming than if the project were a "stand alone" project. Once again, despite these unique difficulties, our client has continued to move the project forward. As described below, permits have been approved. Notwithstanding the foregoing and the series of other unforeseen and independent events, not of Altman's making or control, the demolition permit and building permits, have been approved by the City of Defray Beach. The permits numbers are #05-98402 for the Demo (approved June 16, 2005) and #05-97068 and #05-97067 for the two building permits which were approved December 14, 2005. As the construction phase of the project has commenced with receipt of the demolition permits, the delay in entering the construction phase of the project was due to the impacts of the past two hurricane seasons resulting in shortages in building materials and issues relating to the unique nature of the project i.e. a portion of the existing building is to remain. Based on these delays, it is reasonable to grant the extension of the conditional use approval since these issues were beyond the control of the developer. If the request for an extension was to be denied, it would necessitate the filing of new conditional use and site plan applications. The denial would be problematic, since the Land Development Regulations have been modified since the original approval to include the Downtown Design Guidelines. Since the approved site plan does not comply with these guidelines, the development proposal would need to be completely redesigned. Pursuant to LDR Section 2.4.4(F)(1 )(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of 24 months. Based upon the above, the extension request would be valid through March 11, 2008. A. Postpone with direction. B. Move approval of the request for an extension of the Conditional Use approval for Astor, by adopting the findings of fact and law contained in the staff report, and finding that the request, City Commission Documentation Meeting of February 21, 2006 Astor (fka Villas in the Grove) Conditional Use Extension Request Page 4 and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, subject to the previous conditions of approval. C. Move denial of the request for an extension of the Conditional Use request for Astor, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations. Move approval of the request for an extension of the Conditional Use approval, allowing a building height of 58' 2" and allowing a density of 43 du/ac for Astor, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, subject to the previous conditions of approval, with said approval to be valid until March 11, 2008. Attachments: Extension Request Letter from Michael Weiner, Esquire dated January 12, 2006 Planning and Zoning Board Staff Report Dated February 23, 2004. ') 1/ GJ.) J\ Z'r-' ! IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO ASTOR DEVELOPMENT FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on February 21, 2006. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Astor Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LOR Section 2.4.4(F)(1 ) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LOR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Block 77 Development Project? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LOR requirements in existence at the time the conditional use extension request was submitted. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves _ denies _ the conditional use extension request to allow the previous conditional use approval to be valid until March 11, 2008. The City Commission hereby adopts this Order this 21 st day of February, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 2 .,--' .,./1. <A:' ; L <.(_ {/ ! ~../1/</1 ,::_. WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 RECEIVED JAN 1 3 2006 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com PLANNING & ZONING MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEl: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer January 12, 2006 Via Hand Deliverv Mr. Paul Darling Director of Planning and Zoning City of Defray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for Extension Our File No.: AL T0005 Dear Paul: Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida ("LOR's"), this letter is submitted on behalf of Altman Development Corporation ("Altman"), as a written request to the City of Delray Beach and its appropriate boards and agencies having jurisdiction, for a two (2) year extension of each of the two (2) previously received entitlements for Astor Condominium (f/k/a Villas in the Grove), namely the Conditional Use and Site Plan. These entitlements were granted for property generally located at the corner of NE 1 sl Street and NE 2nd Avenue. This request is being delivered as mandated more than forty-five (45) days prior to the expiration date of both approvals. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of the two (2) entitlements should be granted. First, the impacts of the past two hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Nonetheless, the applicant has continued to remain diligent in its efforts and has continued to show good faith. For example, our client greatly improved the project through a substantial redesign after purchasing the property with the entitlements. Moreover, all ninety (90) residential units are under contract and these Buyers expect to soon have the opportunity to live in their respective units in Downtown Delray Beach. Similarly, the majority of the retail and office bays have been sold. With the highly increased construction costs, and increased housing costs, Altman will be delivering the project to these Buyers at purchase prices now well-below market rates. It is important to Altman that it maintains its stellar reputation and that it deliver on its promise to its Buyers, many of which are De/ray Beach residents, to build these units as promised. O:\AL TD005\Leller 10 Paul Dorling re Extension RequestDOC Mr. Paul Darling January 12, 2006 Page 2 This project includes a parking garage. It includes demolition of only a portion of an existing building and leaving a large office building on the site which is owned by a different party. Coordination of these various elements is more time consuming than if the project were a "stand alone" project. Once again, despite these unique difficulties, our client has continued to move the project forward. As described below, permits have been approved. Notwithstanding the foregoing and the series of other unforeseen and independent events, not of Altman's making or control, the demolition permit and building permits, have been approved by the City of De/ray Beach. The permit numbers are #05-98402 for the Demo (approved June 16, 2005) and #05-97068 and #05-97067 for the two building permits which were approved December 14,2005. Enclosed please find a fee in the amount of Five Hundred Eighty Dollars ($580.00) made payable to the City of Delray Beach. Please let us know all respective dates that these extension requests will be heard and before whichO boards. Please place these matters on the next available agenda. }hank you very much for your consid~.rCltion of the foregoing. / \ Very toul rr~ \ ~ / . 4\~~f einer J~ Encfosure cc: Susan Ruby, Esquire (wlo enclosure) Mr. John Goodfellow (wlo enclosure) Diane D. Karst, Esquire (wlo enclosure) Jason S. Mankoff, Esquire (wlo enclosure) Ms. Ashlee L. Vargo (wlo enclosure) O:\AL TD005\Lelter to Paul Darling re Extension RequestDOC ."" ~, , , - . '; PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 23, 2004 IV.C. Conditional Use Requests to Allow for Mixed-Use Buildings Having a Height in Excess of 48' (58' 2" Proposed) and to Allow for a Density in Excess of 30 Units Per Acre (43 du/ac Proposed) Within the Central Business District (CBD), for the Villas in the Grove Development (Quasi-Judicial Hearing - Time Certain 7:00 p.m.). GENERAL DATA: Owner/Applicant........... ~....:....... Agent............................... ..... ...... Location.................................... . Property Size............................. Future Land Use Map................ Current Zoning....... ................... Adjacent Zoning...............North: East: South: West: Existing Land Use.................... Proposed Land Use................... Water Service............................ Sewer Service........... ......... .... ... Pineapple Grove Properties, LTD. Perez Design, Inc. Located at the Northeast Comer of Pineapple Grove Way and NE 1s1 Street (current "Creations at Delray Beach" location). 2.10 Acres Commercial Core CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) Retail & Office Mixed-Use (Residential, Retail, & Office) Existing on site. Existing on site. POST OFFICE >-~I' f- ===== I f- -= f- c:= t- f== I- = N.E. ~ ~ fj I t= .'sf.' 'I- N E. ~ I--=~ ~ -- < ;0 ~ o .5, f- f- f-- ;~~~ "lj~~: ~ [[[I]] DIl1JLTIIIIJJ~~ tOOhfrf ~ j:1 plitiill ~~~:HlI tll~~ r-r~ S,E, ~ J' I 1ST ~= = W:: N ~ I-- - - - - - -- -vi - ..; vi IlIr e .'- ~~ I j IV.C. The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to LDR Section 2.4.5(E): o To allow an increase to a maximum height of 60' [LDR Section 4.3.4(J) (4) (b)]; and o To allow a density exceeding 30 units per acre in the Central Business District (CBD) [LDR Section 4.4.13(D) (15)]. The requests are in conjunction with Villas in the Grove, a proposed mixed-use development located at the northeast corner of NE 1 sl Street and NE 2nd Avenue (approximately 2.1 acres). The subject property consists of Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat and is approximately two acres. The property is zoned Central Business District (CBD) and is located within the Pineapple Grove Main Street Area at the northeast corner of NE 2nd Avenue (Pineapple Grove Way) and NE 1 sl Street. The subject property has an extensive land use history. The following are the most recent land use actions for the subject property: At its meeting of April 6, 1998, the City Commission approved a conditional use request to establish a bazaar known as Creations of Delray Beach, subject to conditions. The proposal included conversion of an existing 23,000 square foot building to a 140 booth bazaar and the construction of an 8,000 square foot office addition along the south side of the existing building over an existing parking lot. At its meeting of April 21, 1999, the Site Plan Review and Appearance Board (SPRAB) approved the associated site. plan. Subsequently, on May 18, 1999, the City Commission approved the abandonment of the north/south alley lying within the subject property. At its meeting of March 21, 2000, the City Commission approved, subject to the previous conditions of approval, a conditional use modification for the construction of an additional two- story, 19,000 square foot building addition (42,445 square feet total) on the south side of the building to accommodate retail, office and storage areas. Further, the City Commission added a condition to allow the parking to be calculated in the range of three to three and one-half (3.0- 3.5) parking spaces per 1,000 square feet of gross floor area, which included allowing off-site back-out parking within the NE 3rd Avenue right-of-way that could be used by the general public. On June 21, 2000, the SPRAB approved the associated site plan modification. At its meeting of April 11 ,2001, the SPRAB approved a site plan modification for the installation of a trash compactor, construction of a six foot (6') high wall around the patio at the east end of the property and minor parking modifications. On August 27, 2001 a site plan modification to install carports on the east side of the site was administratively approved. The conditional use requests involve the establishment of a mixed-use (residential/retail) building at the "Creations of Delray Beach" site with a maximum height of 58'-2" and a density that exceeds 30 units per acre (43 du/ac). The development proposal incorporates the following: o Demolition of a portion (approximately 23,000 square feet) of the existing "Creations of Delray Beach" building; Planning and Zoning Board ~('Jf Report Conditional Use Requests fOi "mas in the Grove Page 2 o Construction of a four-story mixed-use building (Building One) along Pineapple Grove Way consisting of 51 residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) offices totaling 2,138 square feet, and a sheltered parking area; o Construction of a five-story mixed-use building (Building Two) adjacent to the F.E.C. Railroad and north of the "Creations" building. This will consist of two and one-half levels of parking and three levels of residential dwelling units (39 units total); o Construction of a sky-walk connecting Buildings One and Two, a loading area adjacent to the interior drive aisle and 33 on-street parking spaces within the NE 1 st Street, NE 2nd Avenue and NE 3rd Avenue rights-of-way in addition to the five existing. within the NE 1st Street right-of-way (38 total); o Realignment of NE 3rd Avenue between NE 1st and 2nd Streets to be consistent with development to the north; and o Installation of a swimming pool and restrooms atop Building One along with "moon decks" atop both buildings. The applicant has submitted a development narrative, which describes the development proposal as follows: The project consists of an addition of two (2) mixed-use buildings to the Creations site, a 2. 1 acre property in the Pineapple Grove District. The project would not be phased. Building One, along Pineapple Grove Way, is a four-story building with a mix of retail, office and parking on the first floor. Above the first story, the building will have three (3) stories with 51 fee-simple condominium units. In addition, the building will be topped with a series of private moon terraces that will be used by the condominium owners, [a swimming pool and restroomsj. Building One will be a four-story, [587 high structure and it will occupy 29.5% of the site. Building Two will be directly behind Building One, on the east side of the property, along NE ycJ Avenue. Building Two will be where the one-story portion of Creations is now located. Building Two is a five-story structure with two (2) levels of parking on the base of the building and three (3) levels of fee-simple condominium units. The roof deck of Building Two will have a series of private moon terraces. Building Two will be a five- story 58'-2" high structure and it will occupy 27% of the site. The existing two-story portion of Creations will remain on the southeast corner of the site. Creations of Delray Beach (the business) will be reduced in size from 30,000 square feet to 10,000 square feet. Creations will remain a two-story, 32' high structure and it will occupy eleven percent (11%) of the site. 32% of the total area of the site is at ground level and will be dedicate to sidewalks, walkways, driveways and landscaping. REQUIRED FINDINGS (Chapter 3): Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or Planning and Zoning Board f'}! Report Conditional Use Requests fOI 1I1IIas in the Grove Page 3 minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP (FLUM): The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a FLUM designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent. Pursuant to LOR Section 4.4.13(0) (15), multiple- family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north 'of SE 2nd Street, subject to the standards and limitations of LOR Section 4.4.13(1). In addition, the development must be consistent with the Design Guidelines contained within the Pineapple Grove Main Street Neighborhood Plan. As discussed later in this report, positive findings can be made with respect to the referenced performance standards and design guidelines. Thus, positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Orainaae: Preliminary drainage plans were submitted indicating that drainage will be accommodated via an expansion of the exfiltration trench system currently located on site. New exfiltration trench will be installed within the main drive aisle and within the sheltered parking area beneath Building One. There are no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have some minor technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based on the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $45,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 90 residential units will generate 46.8 tons of solid waste per year (90 units x 0.52 tons = 46.8 tons). The 18,064 square feet of retail floor area will generate 92.1 tons of solid waste per year (18,064 sq. ft. x 10.2 Ibs. = 184,252.8 Ibs. /2,000 = 92.1 tons). The 12,138 square feet of office floor area will generate 32.77 tons of solid waste per year (12,138 sq. ft. x 5.4 Ibs. = 65,545.2 Ibs. /2,000 = 32.77 tons). Based upon the above, a total of 171.67 tons of solid waste will be generated each year by the proposed development. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Planning and Zoning Board ~r ')I Report Conditional Use Requests fa, I.lIas in the Grove Page 4 Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a traffic study, which indicates that the proposed development will generate 84 AM peak hour trips and 135 PM peak hour trips. This is an increase of 26 AM peak hour trips and a decrease of 43 PM peak hour trips over the existing "Creations of Delray Beach" development. Water and Sewer: Water service is currently available to the site via a four inch (4") water main running parallel to NE 2nd Avenue through the middle of the subject property within the previously abandoned alley. A new eight inch (8") water main will be extended through the property and will connect to an existing eight inch (8") water main in NE 1st Street and within the alley way to the north. All service lateral connections will be made to the new water main. Sewer service will be provided via service lateral connections to an existing twelve inch (12") sanitary sewer main located adjacent to the existing four inch (4") water main within the previously abandoned alley. Fire protection will be provided via existing fire hydrants at the northwest and southwest corners of the property as well as via a new fire hydrant to be installed at the northeast corner of Building One. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is developed and contains a 41,000 square foot retail/office building as well as a surface parking lot. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis instead of seasonal, which provides economic stability for the area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally Planning and Zoning Board '; 1! Report Conditional Use Requests fOl "llIas in the Grove Page 5 oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Villas in the Grove development will help to fulfill this stated land use need by providing 90 additional dwelling units and is therefore consistent with this policy. Future Land Use Element Obiective C-4: The Central Business district (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea", The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: a Deletion of inappropriate uses; a Incentives for locating retail on the ground floor with office and residential use on upper floors; a Accommodating parking needs through innovative actions; a Incentives for dinner theaters, playhouses, and other family oriented activities; a Allowing and facilitating outdoor cafes; a Incentives for mixed use development and rehabilitation; a Elimination of side yard setback requirements; and a Allow structural overhang encroachments into required yard areas. The development proposal is to provide 90 condominium dwelling units of various floor plans and sizes. The residential dwelling units will help to support both the existing and/or proposed retail, service and restaurant uses in the area, which are still somewhat affected by a seasonal clientele. The project is consistent with this objective to revitalize the City's Central Business District. The language in the Comprehensive Plan that characterizes Delray Beach as a "village-like community by the sea" stems from the Visions 2000 Assembly, which was a three-day workshop held in May of 1988 to develop a shared set of goals and a general mission statement for the City's future. The assembly focused on several issues, including community character, downtown revitalization, community and cultural resources, the City's gateways (Le. North Federal Highway and West Atlantic Avenue), infrastructure planning and finance, and land use. The conclusions and recommendations from the workshop were articulated in a policy statement. While the community character section lists the City's "unique village square atmosphere" as an asset that should be retained, there are several other recommendations in the report that emphasize the revitalization of the downtown in a manner that would seem to promote a more urban character. For instance, there are recommendations to: explore the development of a moderately sized convention and civic center in the downtown; increase residential densities in the CBD; encourage the development of dinner theaters, movie theaters, and playhouses in order to stimulate evening activity; consider the use of tiered parking garages with mixed use development; develop entertainment facilities and upscale retail stores in the CBD; remove parking requirements for new residential development above commercial uses; review and revise constraints that discourage mixed-use development in order to encourage such development; encourage residential uses above parking facilities; pursue the establishment of a campus for Palm Beach Community College in Pineapple Grove; create a number of parking structures throughout the CBD in order to provide incentives for Planning and Zoning Board ('ff Report Conditional Use Requests fOI ,,'mas in the Grove Page 6 development; and a recommendation that the City adopt a developer approach in planning and developing the City, including a statement that government regulations should have a positive influence on the redevelopment of the downtown and should not be an inhibiting factor. The language regarding the village by the sea character of the downtown was adopted in the City's 1989 Comprehensive Plan, as were many of the recommendations intended to promote the revitalization of the downtown. For many years subsequent to the Visions 2000 Assembly there was little activity downtown, and Delray continued to struggle with its image as a blighted community. There were two failed attempts to lure a major department store, Jacobson's, to the downtown. This effort, as well as the 1996 effort to establish the SIRS headquarters on Block 77, was geared more toward the development of a thriving urban center than the maintenance of a small town atmosphere. In the mid 1990's the downtown began to see increased redevelopment activity, much of which was made possible by the changes that had been implemented as a result of Visions 2000. Services currently offered on or around Atlantic Avenue, such as specialty art galleries, high-end restaurants, cultural facilities (Old School Square Museum), high-tech schools (Palm Beach Photographic Institute), and numerous banking.& financial facilities are more typical of urbanized cities than a village or small town. Further, the concept of a village-type development should not focus only on the size and scale of buildings, but also on the sense of community that exists in a small town. Right now the vast majority of people who visit the central business district do not live within its borders. This project will place 90 households along Pineapple Grove Way and near downtown. These residents will be able to walk to shops, restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers and employees, their neighbors and others who frequent the area. They will get to know the downtown much more intimately than the majority of Delray residents. They will become major participants in, and contributors to, the downtown community. In summary, the Villas in the Grove development is consistent with and will further the objectives of Future Land Use Element Policy C-4.1. Future Land Use Element Policy C-4.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. While the CRA is the lead support agency for the PGMS organization, the City will provide technical support and assistance through the Planning & Zoning and Community Improvement Departments. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Mixed Use Develooment: The Neighborhood Plan encourages and, in fact, specifically identifies the subject property as a suitable location for mixed-use development. Street and Parkina Lot Liahtina: Pursuant to the Neighborhood Plan, all street and parking lot lighting should be consistent with the Pineapple Grove Main Street lighting. The light poles and fixtures should have a pedestrian scale of 12' to 14'; however the maximum height of street lamps along NE 1st Street, NE 2nd Avenue and NE 3rd Avenue should be twelve feet (12'). Street lights should be staggered from one side of the street to the other with a separation of approximately 75'. The lamps must be metal halide and powder-coated cast aluminum for the pole and fixture and fitted to accept banners. Ambient lighting should be used to fill in the gaps of the street lights and outlets provided. If wall fixtures are proposed, they must be decorative. Planning and Zoning Board:{ If Report Conditional Use Requests fOI IIlIas in the Grove Page 7 The existing street lighting along NE 2nd Avenue, which is consistent with the Neighborhood Plan, will be retained with the development proposal. The architectural elevations indicate the use of wall mounted gooseneck style light fixtures along proposed commercial storefronts. A detail of the fixtures has been provided that depicts the fixtures as being consistent with the existing street lighting along NE 2nd Avenue (Pineapple Grove Way). The existing wall mounted coach light style fixtures will be retained on the "Creations" building. As noted later in this report, the photometric plan does not provide any information as to how the parking areas within will be lighted. The photometric plan must be revised to indicate compliance with the lighting requirements and is attached as a condition of approval. Street Furniture: The Neighborhood Plan indicates that benches, trash receptacles and bollards are to be provided when the streets cape plans are formulated. The streetscape plan for this portion of the Pineapple Grove Neighborhood was developed an implemented with the original "Creations" approvals. The current development proposal will retain the adjOining streetscape elements. Cultural Arts: The Neighborhood Plan strongly supports the establishment of areas for the public display of art objects. The development proposal provides two (2) such areas where public art may be displayed. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Oelray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts of the proposed development on the surrounding road network and that a Palm Tran bus stop already exists at the northeast corner of NE 1st Street and NE 2nd Avenue, it is appropriate that a bus shelter and bus shelter easement be provided. The provision of a bus shelter easement has already been indicated on the site plan along NE 1 st Street and the provision of a bus shelter may be accomplished by a contribution from the developer of $7,500 (half the cost of a shelter). It is attached as a condition of approval that this contribution is paid prior to certification of the site plan. Transportation Element Policy 0-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking facilities are proposed at two locations within the development; adjacent to the handicap accessible parking spaces along Building #2 and at the northwest corner of the property adjacent to bay #1. Thus, the proposed development is consistent with this Policy. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. and there are other Planning and Zoning Board ~r-l! Report Conditional Use Requests fOI villas in the Grove Page 8 cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. The proposed development does provide some recreational facilities to its residents such as a rooftop pool and private rooftop "moon decks". Some of the recreational, cultural and open space opportunities located in proximity to the Villas in the Grove development include: Veteran's Park, which includes a large playground and recreational area; the Atlantic Ocean, the City's Tennis Center, Old School Square Cultural center and the Milagro Center. As playground areas are located close by and other facilities that can be utilized by children such as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this requirement to provide these services entirely on site. HousinCl Element Obiective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: HousinCl Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. The development will provide a mix of efficiency, one, two and three bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide four (4) bedroom units and specific activity areas for children. HousinCl Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal complies with this policy as it provides the desired type of residential development within the CBD. HousinCl Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. HousinCl Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Planning and Zoning Board f)f Report Conditional Use Requests fOI Jmas in the Grove Page 9 This project is located within the commercial core area of the City and adjacent to Pineapple Grove Way. As noted previously, the residents of this development will aid in the economic stability of the Pineapple Grove Main Street area as well as the Atlantic Avenue downtown area. The project is located within an area that consists of the traditional road grid system and includes the realignment of NE 3rd Avenue between NE 15t and 2nd Streets, which will improve an existing link within the grid system. This system is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to navigate the downtown area. Motorists are able to navigate the local grid street system to avoid congestion in order to reach collector and arterial roads such as Pineapple Grove Way, NE 15t Street, NE 2nd Street, Swinton Avenue, NE 4th Street/Lake Ida Road, Atlantic Avenue and Federal Highway. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. In terms of safety, introducing a residential component to the downtown will likely improve the stability of the area. It will introduce more night time activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the CSD may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structures have a mixture of flat and pitched roofs and measure 58'-2". Pursuant to LDR Section 4.3.4(J} (4) (b), the City Commission may approve an increase in height to a maximum height of 60' pursuant to the processing of a conditional use request and based upon a finding of compliance with each of the enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (9) Area "I" - all property within the CBD except for property lying east of the Intracoastal Waterway. The subject property is zoned CBD and is located west of the Intracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The increase in height is requested to accommodate residential uses on the top floor of the structure, thereby meeting this requirement. (iii) That the increase in height is based on or will result in one or more of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; Planning and Zoning Board 'i If Report Conditional Use Requests fOt Jmas in the Grove Page 10 (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. The development proposal meets criterion #2, above, as 77.4% of the total ground floor area has been devoted to parking and/or vehicular traffic circulation. A finding of compliance with the enumerated criteria listed above can be made to support the request to allow the proposed structures to exceed the standard 48' height limitation to a maximum of 58'-2". LOR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 90 residential dwelling units on a 2.1 acre parcel of land, which results in a density of 43 dwelling units per acre. The development is located in the CeD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) and other relevant section of the LDR is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fa~ade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. In addition to these design standards, development within the Pineapple Grove Main Street area must also incorporate design standards consistent with the "Floribbean" architectural style. The proposed mixed-use building is consistent with this performance standard and will be in scale with the evolving neighborhood. The upper floors of the proposed four and five-story buildings will not "step-back" from the first and second floors; instead the elevations will have multiple three foot (3') "step-backs" affecting the entire vertical fac;ades and creating alcoves. In addition, many of the balconies will not project from the outer edge of the building, but will instead be incorporated within the Planning and Zoning Board {f .)! Report Conditional Use Requests for "llIas in the Grove Page 11 structure. This will provide further openings and recesses that will reduce the massing of the structure. The buildings also include several architectural elements, such as: standing seam mansard roofs, Bahama shutters, louvered shutters, balconies with varying rail types and openings, decorative metal panel applications and varying bracket sizes and styles. While these elements certainly lend toward achieving this performance standard, it is noted that the elevations are comprised of only one style of window and window opening, six-aver-six single-hung. Some diversity in window shapes would be beneficial and therefore it is attached as a condition of approval that at least a second window shape is incorporated into the architectural design. It is further suggested that this new shape be arched to be consistent with the arched windows found on the existing "Creations" building. Based on the above and subject to the aforementioned condition of approval being addressed, this performance standard has been met. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the. main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does include a parking garage within Building Two and a sheltered parking area beneath Building One. The parking garage, which abuts both the NE 3rd Avenue right-of-way and the interior drive aisle, has been designed to obscure the parked vehicles within. The garage will utilize decorative metal panels and aluminum Bahama shutters within arched and squared openings to achieve this screening. These elements and materials, while not necessarily identical to the features of the balance of the building, are nonetheless consistent and therefore accomplish the provision of a unified design required by this performance standard. The sheltered parking area beneath Building One will be obscured from view of NE 2nd Avenue (Pineapple Grove Way) by retail/office bays and in part from NE 151 Street by a retail bay. The base of that portion of the parking area still visible along NE 151 Street should be obscured by the decorative metal panel applications used for the parking garage on Building Two and is attached as a condition of approval. It is noted that it may be appropriate to retain an opening (adjacent to the retail bay) in order to allow pedestrian access to and from the parking area without having to traverse the drive aisle. Based upon the above, this performance standard has been met. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide for the desired mix of unit types and sizes including efficiency, one, two and three-bedroom dwelling units. There are six (6) efficiencies (686 and 947 square feet); 20 one-bedroom dwelling units (965 and 1,024 Planning and Zoning Board f-1! Report Conditional Use Requests for ".lIlas in the Grove Page 12 square feet); 58 two-bedroom dwelling units (ranging between 1 ,232 and 1 ,365 square feet); and six (6) three-bedroom dwelling units (1,981 and 2,326 square feet). Building One consists of 51 total units and eleven (11) different floor plans. Building Two consists of 39 total units and eight (8) different floor plans. Based upon the above, this Performance Standard has been met. (d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. While the exact theme and nature of the residential dwelling units has not yet been determined, the applicant has provided a statement stating that all of the units within the Villas in the Grove development will be equipped with ten foot (10') ceilings, base and crown moldings, balconies with French doors to provide natural light, built-in cabinetry, individual laundry facilities and walk-in closets. The development proposal will provide for the desired features suggested by this performance standard and therefore will comply with said performance standard. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The development proposal provides for a pool with pool deck atop Building #1 (westernmost building) and a total of 49 private "moon decks" atop the buildings. As noted previously the project consists of a parking garage within Building #2 and sheltered parking area beneath Building #1. Based upon the above, the development proposal meets the intent of this standard. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (Le., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting. etc.). The proposed residential development provides a safe and efficient pedestrian connection between the buildings and to the public sidewalks. The development proposal includes significant improvements to the public rights-of-way, which include the installation of public parking spaces along NE 1 sl Street, NE 2nd Avenue and NE 3rd Avenue; the installation of a "bulb-out" along NE 1 sl Street to accommodate and improve the existing Palm Tran bus service; and the realignment of the adjacent segment of NE 3rd Avenue to be compatible with that segment recently constructed to the north adjacent to Pineapple Grove Village. Lighting fixtures presently exist within the NE 2nd Avenue Planning and Zoning Board .'f ...)! Report Conditional Use Requests fOI lI'iIIas in the Grove Page 13 right-of-way that are consistent with the Pineapple Grove Main Street lighting fixtures and these fixtures are proposed to remain. The development does need to extend the public sidewalk along the balance of NE 3rd Avenue to connect to the public sidewalk adjacent to NE 1st Street. It is noted that due to the limited size of the NE 3rd Avenue right-of-way, the sidewalk will need to be partially located on the subject property and therefore a sidewalk easement will need to be dedicated at the time the property is replatted and is attached as a condition of approval. Based on the above, this Performance Standard can be met subject to the above condition of approval. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal will utilize a drive aisle connecting NE 1st Street and the alley within the north half of the block for all of its access and provides no drive aisles adjacent to other properties. Therefore, the sharing of accessways or driveways is not available. However, the development proposal will provide for a total of 38 parallel parking spaces within the NE 1 st Street, NE 2nd Avenue and NE 3rd Avenue rights-of-way in addition to exceeding its own parking requirement. It is noted that the development proposal depicts the provision of two (2) parallel parking spaces within the realigned NE 3rd Avenue right-of-way. Due to safety concerns based upon the angle of these spaces to the contours of NE 3rd Avenue, it is recommended that the parallel parking spaces are eliminated and replaced with landscape materials. Further, the NE 3rd Avenue right-of- way and the public parking spaces adjoining it have been and continue to be used as a loading area for the existing "Creations" development. Therefore, along with the above recommendation, it is attached as a condition of approval that the parking spaces located within the NE 3rd Avenue right-of-way and the roadway itself are not used for loading purposes and that signage is posted to this end. Based upon the above and subject to the aforementioned conditions, this performance standard has been met. (h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten feet (10') in height. At least 50% of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. While the project does have frontage on NE 1 st Street, the primary roadway associated with the development is NE 2nd Avenue (Pineapple Grove Way). Accordingly, the project and its storefronts have been designed to be oriented toward NE 2nd Avenue (Pineapple Grove Way). It is noted that the existing "Creations" building, a portion of which is being retained, is already oriented with its side to NE 1st Street. However, this side elevation does consist of storefront windows and the ground floor space is nonresidential in nature. The proposed building fronting NE 1 sl Street will contain nonresidential uses on the ground floor and uses will have ceiling heights of eleven feet (11 '). The majority of the wall surface area along NE 1st Street (approximately 78%) will be devoted to display windows and/or entrances. Based upon the above, positive findings can be made with respect to this performance standard. Pursuant to LOR Section 4.4.13(1) (3), it is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the projects Planning and Zoning Board f''''If Report Conditional Use Requests fOr Jillas in the Grove Page 14 ability to further the goal of revitalizing the Central Business District (Le., adaptive reuse of older structures and provision of housing in close proximity to employment opportunities and services). Of the eight (8) performance standards the project will comply with four (4) outright and the remaining four (4) subject to conditions of approval. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on all sides by CBD zoning. The adjacent land uses consist of the FP&L substation and various commercial businesses to the north, Ocean City Lumber Company (Mizner Electric) to the south across NE 1st Street, various commercial businesses to the east across NE 3rd Avenue and the FEC Railroad and various commercial businesses to the west across NE 2nd Avenue. The development proposal will significantly enhance the aesthetics of the subject property together with the neighborhood by locating a building toward the front of the property rather than a parking lot. The proposed redevelopment will provide a year-round customer and employment base for the commercial redevelopment of NE 2nd Avenue (Pineapple Grove Way). Increase in Heiaht: The increase in building height over the standard 48' will not be detrimental to the surrounding neighborhood. As discussed previously in this staff report under the performance standards analysis relating to the density increase, while the upper floors of the four-story building (Building One) will not "step-back" from the first and second floors, the elevations will have multiple three foot (3') "step-backs" affecting the entire vertical fa98des and creating alcoves. In addition, many of the balconies will not project from the outer edge of the building, but will instead be incorporated within the structure. This will provide further openings and recesses that will reduce the massing of the structure. With respect to the five-story building (Building Two), the same architectural design will be used; meaning the massing of the structure will not be detrimental to the area. Further, this building is adjacent to the F.E.C. Railroad (across NE 3rd Avenue), thus its visibility from the surrounding neighborhood will be tempered by distance. Increase in Densitv: The stability of the downtown area will be significantly enhanced by the addition of 90 households that will patronize area businesses and contribute to the long term revitalization of the downtown. They will help to create and sustain a demand for goods and services within the downtown area, such as clothing stores and food markets, which will enhance commercial rents and property values. As described in the Streets and Traffic section of this report, the project is located in the Transportation Concurrency Exception Area (TCEA). The TCEA was created to acknowledge the traffic associated with the emergent redevelopment of the downtown area. Traffic in the downtown area has increased significantly since the mid-1990's when the revitalization began to Planning and Zoning Board r{1f Report Conditional Use Requests fOI Alias in the Grove Page 15 take off and it has not at all deterred people from visiting the Central Business District. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. Trips to this mixed-use development will be dispersed through four (4) separate travelways: NE 1st Street, NE 2nd Avenue (Pineapple Grove Way), NE 3rd Avenue and via the alley within the north half of the block that interacts with the drive aisle at the center of the project. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional requests pertaining to an increase in building height to a maximum of 60' (58'-2" proposed) and to allow a density in excess of 30 units per acre (43 du/ac proposed). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request a sketch plan that substantially complies with the submittal requirements for a site plan application, was submitted which has been reviewed by staff. If the conditional use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staffs review of the sketch plan and site inspections, the following analysis is provided: Buildina Setbacks: Pursuant to LOR Section 4.4.13(G) (2) (a), within those section of the CBD located in the Pineapple Grove Main Street area, front setback of not less than five feet (5') nor greater than ten feet (10') and a five foot (5') side street setback shall be provided. There shall be no required side interior setback except where there is no dedicated access to the rear of a building and in such a case a ten foot (10') side setback shall be provided. The front and side street setbacks apply to those portions of the property abutting NE 1 st Street, NE 2nd Avenue (Pineapple Grove Way) and NE 3rd Avenue. Building Two and the existing "Creations" building meet the required setbacks and the majority of Building One will also comply; however that portion of the building consisting of bay #1 on the first floor and the residential units above is setback 11 '-2", which exceeds the maximum allowable setback. Thus, this portion of the building will need to be moved closer to the property line (1 '-2") in order to comply and is attached as a condition of approval. Parkina Reauirements: The development proposal consists of 90 residential dwelling units, 12,138 square feet of office floor area and 18,056 square feet of retail floor area. It is noted that with the original approval for "Creations at Delray Beach", the parking requirements were adjusted to a ratio between 3.0 and 3.5 parking spaces per 1,000 square feet of floor area. Accordingly, the parking requirements for the 10,000 square feet of office floor area and 10,000 square feet of retail floor area which make up the remainder of the "Creations" development have been calculated at a rate of 3.33 parking spaces per 1,000 square feet of floor area. It is not entirely clear as to why this specific figure was used as it is not the average between 3.0 and 3.5; however since it is within the approved range the figure has been utilized. The parking requirements for a mixed- use project located in the CBD are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually and are depicted in the following table: Planning and Zoning Board f 1! Report Conditional Use Requests fOI ,,-lIlas in the Grove Page 16 Base Parking Requirements Use Parkina Reauirement Parkina Soaces Reauired Residential Units Efficiencies (6) One Bedroom (20) Two or More Bedrooms (64) 1.0 spaces per unit 1.25 spaces per unit 1.75 spaces per unit 6 25 112 143 Total Guest Parking Units 1 - 20 Units 21 - 50 Units 50 - 90 0.5 per unit 0.3 per unit 0.2 per unit 10 9 8 27 Total Retail Floor Area Existing "Creations' (10,000 sq. ft.) New (8,056 sq. ft.) 3.3 spaces per 1,000 sq. ft. 4.5 spaces per 1,000 sq. ft. 33.30 36.25 69.50 Total Office Floor Area Existing "Creations' (10,000 sq. ft.) New (2,138 sq. ft.) 3.3 spaces per 1,000 sq. ft. 3.5 spaces per 1,000 sq. ft. 33.30 7.48 40.78 Total TOTAL 280.28 (281) Step 2: Pursuant to LOR Section 4.6.9(C) (8) (a), the minimum parking requirement for mixed-use buildings in the CBO shall be determined by the peak parking demand period. The peak demand period for the Villas in the Grove project is the period from 6:00 P.M. to Midnight during weekdays. The following shared parking table has been modified to reflect the uses associated with the development proposal and to depict the resulting parking requirement within the timeframe: Use Base Parking Requirement 78.00 40.78 69.50 92 Weekday - Evening 6 P.M. to Midnight 90% 10% 90% 100% Shared Parking Requirement 70.2 4.07 62.55 92.0 Residential Office CommerciaVRetail Other * Total Required Parking: 228.82 (229) * - The 92 spaces indicated in this row are extracted from the base residential parking requirement as reseNed parking spaces for the dweffing units. The total number of parking spaces required is 229. The project provides 233 parking spaces on-site within the sheltered parking area beneath Building One and the parking garage within Building Two. ComDact Parkina: Pursuant to LOR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes 44 compact parking spaces located throughout the site. This represents 18.88% of the total spaces, thus meeting the requirement. Handicapped Accessible Parkina: Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Planning and Zoning Board,:'" ff Report Conditional Use Requests fOr Jillas in the Grove Page 17 Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the requirement of 229 parking spaces, the development must provide a minimum of five (5) handicap accessible parking spaces and a total of six (6) parking spaces have been provided adjacent to the existing "Creations" building (4) and in the sheltered parking area within Building One. On-Street Parkina: Although not counted toward meeting the parking requirements for the project, 38 public parking spaces are being provided by the developer along the adjacent public rights-of-way. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking. Lfahtina: A photometric plan has been submitted for the site; however the photometric plan does not indicate coverage for the parking areas including the parking garage. A condition of approval is attached that the photometric plan is revised to include the illumination of the parking areas and each level of the parking garage. This condition can be addressed during the site plan review process. Cut-sheet details of the proposed light poles and fixtures have been provided and will be consistent with the Pineapple Grove Way street light program as per the Pineapple Grove Main Street Neighborhood Plan. Riaht-of-Wav Dedication: Pursuant to LDR Sections 5.3.1(A) and (0) as well as Table T-1 of the Transportation Element of the City's Comprehensive Plan, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Dimensions Reauired Existina Prooosed Reauired Dedication NE 1st Street 55' 50' 50' 0' NE 'Z'd A venue 60' 50' 50' 0' NE ;rt A venue 60' 20' - 40' 20' - 47' 7' Pursuant to LDR Section 5.3.1 (D) (4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). With the original site plan approval for Creations at Delray Beach, the DSMG granted reductions for each of the abutting rights-of-way to their existing widths, subject to the condition that a 19.5' corner clip dedication is provided at the northeast corner of NE 1st Street and NE 2nd Avenue (Pineapple Grove Way). This condition was based upon the ultimate plan to provide a roundabout at this intersection where additional right-of-way may be needed for its configuration. However, the dedication of the corner clip was overlooked and subsequently not dedicated. The dedication of this 19.5' corner clip must be made at the time of platting and is attached as a condition of approval. While the dedication of right-of-way for NE 3rd Avenue was deemed not to be necessary with the original site plan approval for the "Creations" project, the realignment proposed for NE 3rd Planning and Zoning Board i'---.." Report Conditional Use Requests fOI Jmas in the Grove Page 18 Avenue makes the dedication of a small portion of right-of-way necessary at this time. A portion of NE 3rd Avenue is depicted as passing through a triangular shaped piece of private property; this area being passed through will need to be dedicated at the time of platting and is attached as a condition of approval. Back-out Parkina Soaces alona NE:Jd Avenue: Pursuant to LOR Section 4.6.9(0) (2), a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner. There are existing nonconforming back-out parking spaces on the subject property that were allowed to continue with the approval of "Creations". The current development proposal includes the reconfiguration of NE 3rd Avenue and reestablishment of these parking spaces based upon said configuration. The City has installed back-out parking within the NE 15t Avenue and SE 4th Avenue rights-of-way; however such parking is typically configured diagonally to allow easy maneuvering without impacting traffic lanes. This portion of NE 3rd Avenue currently has very low traffic volumes and the proposed mixed-use development provides no direct access to NE 3rd Avenue. Given this circumstance, it would appear to be acceptable to allow the back-out parking with the perpendicular configuration. Sidewalks: Pursuant to LOR Section 6.1.3(B), the minimum sidewalk width is five feet (5') and five foot (5') wide sidewalks exist within each of the adjoining NE 151 Street and NE 2nd Avenue rights-of-way. With the original site plan approval for "Creations" a waiver was granted to not require the installation of a sidewalk along NE 3rd Avenue. The applicant is now proposing to construct the sidewalk along NE 3rd Avenue; however the proposed sidewalk does not extend completely to the south end of the property (to NE 151 Street), instead ending approximately 58' to the north. Based upon the available right-of-way at this portion of NE 3rd Avenue, the sidewalk will have to encroach onto the subject property and a sidewalk easement will need to be provided. The extension of the sidewalk and dedication of the sidewalk easement have been attached as conditions of approval. Plat: As the development proposal includes the dedication of rights-of-way and of easements, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Community Redevelooment Aaency (eRA): At its meeting of February 12, 2004, the CRA reviewed the development proposal and recommended approval with the condition that the plans are revised to address staffs comments. Downtown Develooment Authority (DDA): At its meeting of January 28, 2004, the OOA reviewed the development proposal and recommended approval of the project with the condition that sufficient landscaping is provided to buffer the east elevation of the development from the F.E.C. Railroad and the parking along NE 3rd Avenue. Planning and Zoning Board r;,.. If Report Conditional Use Requests fOI Alias in the Grove Page 19 Pineaoole Grove Desion Review Committee: The Pineapple Grove Design Review Committee reviewed the development proposal at its meetings of January 12, 2004 and February 9, 2004, and recommended approval of the development proposal as presented. Site Plan Review and Aooearance Board (SPRAB): If the conditional use approvals are granted, a site plan application addressing the outstanding technical comments would need to be approval by SPRAB. Final action on the site plan will rest with the SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: [J Del-Ida Homeowners Association [J Delray Beach Chamber of Commerce [J President's Council [J Progressive Residents of Delray (P.R.O.D.) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional uses are to allow for a mixed-use building having a height in excess of 48' (58'-2" proposed) and to allow for a density in excess of 30 units per acre within the CBD (43 du/ac proposed). As described in this staff report the request for additional height meets with the criteria established in 4.3.4(J) (4) (b). The increase in density over 30 units per acre is supported as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(1). The combination of housing units in the downtown area and first floor retail/office space will help in the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increase in building height and density. It is noted that pursuant to Section 4.4.13(1)(1), despite the fact that the project meets the performance standards, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction; B. Recommend approval of the conditional use requests to allow for a building height in excess of 48' (58'-2") and a density in excess of 30 units per acre (43 du/ac) for Villas in the Grove, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5), Planning and Zoning Board fJ")! Report Conditional Use Requests fOI "lIlas in the Grove Page 20 4.3.4(J) (4) (b), and 4.4.13(1) and the Pineapple Grove Main Street Neighborhood Plan, subject to conditions; or C. Recommend denial of the conditional use requests for Villas in the Grove, based upon a failure to made positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5). 4.3.4(J) (4) (b), and 4.4.13(1) and the Pineapple Grove Main Street Neighborhood Plan in that the project is incompatible in terms of building mass and intensity of use with surrounding developments. By Separate Motions: o Recommend approval of the conditional use request for Villas in the Grove to allow a height in excess of 48' (58'-2"), based upon positive findings with respect to Land Development Regulations Sections 4.3.4(J) (4) (b) and 2.4.5(E) (5); and o Recommend approval of the conditional use request for Villas in the Grove to allow a density in excess of 30 units per acre (43 du/ac) within the Central Business District, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5), and 4.4.13(1) and the Pineapple Grove Main Street Neighborhood Plan; With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That at least a second window shape is incorporated into the architectural design. It is further suggested that this new shape be arched to be consistent with the arched windows found on the existing "Creations" building; 3. That the base of the sheltered parking area visible along NE 1st Street is obscured by the installation of decorative metal panels identical to those used for the parking garage on Building Two and that an opening (adjacent to the retail bay) is retained for pedestrian access; 4. That the parallel parking spaces depicted within the NE 3rd Avenue right-of-way are eliminated and replaced with landscape materials; 5. That the parking spaces located within the NE 3rd Avenue right-of-way and the roadway itself are not used for loading purposes and that signage is posted to this end; 6. That the portion of Building One consisting of bay #1 on the first floor and the residential units above is moved closer to the property line (1'-2") in order to comply with the maximum building setback requirement of ten feet (10'); 7. That the photometric plan is revised to include the illumination of the parking areas and each level of the parking garage; 8. That a 19.5' comer clip is dedicated at the northeast comer of NE 1st Street and NE 2nd Avenue (Pineapple Grove Way); Planning and Zoning Board f 1! Report Conditional Use Requests 10;',(llIas in the Grove Page 21 9. That the portion of NE 3rd Avenue passing through the triangular shaped piece of private property is dedicated at the time of platting; 10. That a sidewalk is constructed along the full length of NE 3rd Avenue abutting the subject property and that a sidewalk easement is provided for the encroachment of the sidewalk onto the subject property; 11. That a plat is processed and recorded prior to the issuance of a building permit; and 12. That sufficient landscaping is provided to buffer the east elevation of the development from the F.E.C. Railroad and the parking along NE 3rd Avenue. Attachments: Appendix "An, Site Plan, Landscape Plan and Architectural Elevations Staff Report Prepared by: Robert G, Tefft, Senior Planner Planning and Zoning Board f)! Report Conditional Use Requests fot V'.lIas in the Grove Page 22 1. Reconstruct NE 3rd Avenue south of Pineapple Grove Village to NE 1st Street. NE 3rd Avenue should run straight through; 2. Health Department permits are required for this project. Provide copies of the right-of-way permit, drainage permit and utility permit; 3. Indicate proposed finished floor elevations, existing site grades and proposed site grades; 4. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property; 5. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria. Provide signed and sealed drainage calculations and indicate how storm water will be retained on site; 6. Provide detail on drainage control structure. Cannot tie to City drain without one; 7. Provide certified exfiltration trench test results; 8. Use City of Delray Beach Standards for all drainage structures; 9. Indicate on plans how the roof drainage is accommodated; 10. Provide paving cross section for parking lot; 11. Clearly dimension driveway width. Maximum width of driveway is 24 feet; 12. Landscaping areas at the end of off-street parking needs to be at 45 degree angles; 13. Clearly indicate on plans the limits of all curbing. Curbing in R.O.W. should be "F" type curb only; 14. Trees cannot be placed within water and sewer easements; 15. Clarify entry feature on NE 2nd Ave. at mid building; 16. Clearly indicate limits of right of way and the center line of the road; 17. Indicate sight distances at all ingress/egress points. Sight triangles should be indicated on landscape plans. Provide copy of the revised landscape plans; 18. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans for any meter less than 4" in size; 19. A cleanout will be required on the sewer service at the right-of-way line and/or easement line; 20. Applicant is to field verify location, size and depth of existing City of Delray Beach utilities; 21. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers; Planning and Zoning Boardf It Report Conditional Use Requests fol ,l.llas in the Grove Page 23 22. Show expanded detail on north water main connection; 23. Provide double valves at all connection points; 24. Indicate location of irrigation water meters; 25. Provide 12' utility easement over water and sewer main if relocated; 26. Use update water and sewer separation and statement; 27. A certified engineer's estimate will be required for water and sewer improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required; 28. Provide easement for bus shelter; 29. Provide a detailed description of how each of these comments has been addressed with next submittal; and 30. Conduct analysis on existing sanitary sewer system to determine adequate capacity of additional flow. I ST. T -- LEGEND -- 0 Z :::> VILLAS IN 0 m ;!: w THE GROVE 0:: > 0 <( Z - - I-- - CONDITIONAL USE I-- - REQUEST '-- '--=- 1--ffTIT1I .2L ~jr= 101 N.E. 2ND AVENUE -~iTIfj - SUBJECT AREA -. - en 2 f------...j - . ") N.E. 3RD '---- I ~ L.....J '--r- ST. I 3RD III1IIII oTIlJ =lBES=1m J:::il:: 0 =H r--- m f--f--;!: I--- I-- :::> 1---- 0 _(11 ~= ~. I--- ~ <( w -> - <( ====- '--- ===== e- :=== e- I I I-- f-- I--- I-- I--- f-- === f--"'~ I--~I I _ I--RJ/f-- 2ND > <( '" Z N I-- - f-- '--- !--- J _ N.E. L--_ Is:- <( ~ ~/f > <(- - - - - I--- I--- I--- h ..... o I--Z f--- ~ _ -::I: -U;- ::> w > o 0:: Cl I N.E. I IL.' r 1 1 - 1ST ST. t I w -,== w== Ii ~ ~ I-- I---- I--- - I-- I---- -I-- _ ~ I---- f--- I-- ~ _ ~1--- 10- -lO~ ~ ~ ... - .1--- [[ill] oDu~[JJIIIn[[[IM~ ~[DIT ATLANTIC AVENUE == ITIIIIJ~OII'~pJJ ~~~~~~III ~ =F1~ = ~~'-<i _<i~'-~ - I-- ~<( ~ - I---- I--- ffif-- ~ ffi ~lll <(I-- j J ~ - f- ~t= t=~::= ~ S.E. 1ST -----2-T._ 11 TIt FIDELlTY_ '" FEDER~ ~ BANK ~ "" ~ I W :i W :i - OLD SCHOOL SQUARE II -I-- I-- -t-' f-- _~ f--- W <Ii -- ~- ""- ~ ~~ f--- f--- '-- L-...... j I I I tm30ll] / ~ti _f---- ~ _I-- S.E. 2ND ~ T ::I: I- 10 - === - .- - ~I-- - <( L- f--- I---- _ I---- I-- w f--- <Ii f--- I---- I---- - - '" :z C\j w <Ii -- f--H J I f}~ S. rrrr c--- Li .E. 3RD u, \C Orl.. Sod<up\l-PRo.ECT Rf"IotCW AlAPS\SPRAB CLoISS J-S SUPPLEMENTAL DA TA FOR INFORMA TlOHAL PURPOSES OHL Y PCN#: 12-43-46-16-01-083-0050 APPROXIMA TE ACREAGE: 1.83 ABRIDGED LEGAL DESCRIPTION: TOWN OF DELRA Y LOT 5 (LESS S 16 FT. OF NL Y 44.85 FT. RD R1W), LOTS 6 THRU 8 & LOTS 13 THRU 16 BLK 83 ZONING: CBD (CENTRAL BUSINESS DISTRICT) FLUM: CC (COMMERCiAl CORE) EXISTING LAND USAGE: RETAIL WITHIN TRAFFIC ANAL YSIS ZONE: #536 WITHIN CENSUS TRACT: #65.02 PLANNINC ... ZONINC DEP,jJ/TIIENT ~E S LONG-RANGE D/Y/SION DIGITAL BASE-JUPPING ... GEOGRAPHIC INFORllATION SYSTEII JUP REFERENCEI: LII749 -- FEBRUARY 2004 -- SRZ II ; ,"_U i ! i i i i i i ! i i i i i i rl Ii i i i 11-L".!'.!""'."!r.--il' .1 i' ... I~ IE ; ~ ~ i I ~ i ~ !!!\!]!i~i~l! ~ :, !":' ~! I i i I t:! I" f!~ 1 i 11 1: 1(\11 i ! . I ~;"'~:~<~].jT':.!- I I I I ~ I I ~ I!!~:~ :.!j!l~!! I i.i .;.:.: iI_J,:_1,;.I, I !i t~f i:f i:f:' i'I' if 'j ~ 'ti' i 5 i' if Ii i'l- Ii I n I ! J! i i U ililllil,iml' il'iilil'jfimipi; J ! ~i~ I 'l.i.i'l'I' I ~!~I~!~i~~~!~.! ~!~J~I~i~ ~!~ ~ ~i~!~ , I .. "1"1" '2 ... ii;!~!;!;l;i;i~ ~ Iii i i ~ i ~ i;l ;!;i ~!; j; Ii I ~. i I; I ~. -i- ~ i I;! ~ ~ :~!iji!..I;; Ii !.i ;i;!~lll~i\!mil!l,l I .,. . ! .j.i.:"I-" . ~ ~i~l~l~rgli:~!~ ! 'I' J,tj.f:JJ;J I I;! ,! .+:.:+",. , It ,1"J;i,i,l, . . . ~>H"':-:-;- ~_ _. ~ I- i ! I" I ; ;l~ i , i !:~!~h!~li ! ,i' I I Ii! : ! ! ::~::i':; :;:~::::: ! ;i:::!:.~!::: M,",",_ ,t, I!!ilill:' [I !~f INli' VILLAS IN THE GROVE ~ h!'! ~O -u :II.! rot'll.. ~ !111111iF . 0 mi i'mll ~.rn ;!!~ !ilK 'l",ol C> i~ I ;I: ,..~ 101 N.E. 2nd A"l!: .,il! I (JQ N C> Ii I!I,'J~ ~:i~ Delroy 8eoch, Florido 33444 ::J \~.\CO'.\D3.lM2~-Al00_......A'lllI,O~O~,~,.1!PM n~ ;. ;= .0 z C"l 11; 1'\ ~ o ~ ~ I I i :1 ; .; : + . ~--'-'-';'-'-'- ~ o '" ~_'!!'...!!~--~------ i iIi g ;\jiliii!i .!! ; ~ I , I , : l!i!l.ilil - .. .1.;"1" & I ; f ,I,ITI, IIII/j II! III 1...' n r f' - , 'k- ~k f FF II ; ~u!lf ::l:i . ;~I; mJ VILLAS IN THE GROVE % ~ 101 NL 2nd A-..e Dei'o)' Beach. >!olido 33444 ( -,,-- '~-G4ZCrO'\CO"rD).O,j2-C1.""'Dl........_ 1t11l::!. OVJ2OlIlM ~:S4.13PW I'll! Hifl' ,hl,.1 ,iill ~o -0 roll). ~.m OQN ~ :!; '" o c z o ~ ~ ~ z --------.;,----~-------_<io_-- '.. ., '->--1' if } U jt ~ 'i ;:;:~ ---t--B ~-t ee]! ~---------------tJl,i ._______~i . I ~', i ~ 0-',-: '~ !~ :. ;= .0 z 'II ~:: ~ --B -e-..-.-.---- _L~ ~j ~ --~-~-~~~.-B ~i ! J ! ; i ~ " ! j ~ '"--~ t '___,,- - ------ -~--- ---+ ~r -- --f,;--0 .. j- n ~"J-V r, =*i ~- : ~ :ii , ~ ,i!i ~ : ,- -~~ ,: : +--0 " " .~ y' 9ro j ill ~ _._.....~.I~";-._._.- , , /' j cD , / " ~ 'Iii I ~ If{f i ~Ip VILLAS IN THE GROVE irtJ ~ ~Ov :11"[ )> I H ;Hj rotll. ~ , r'l" ro 'ilK il!llll ~.ro C> I . Ii" f ~~ iOt N.L 2nd Ave II!fl'of ()Q N ,F ! ~ . ~!I" Delroy Bpoch, Florida 3.3444 .ill!! ::l ~ -"_.J\oI.,....._....."'""'.........~.,..._..~.,,_ .,." .........,..,...... ......,..-.. ! ~ ~6 z Cl ~ :z o ~ ~ Z cD 9 <jJ 9 9 i i i I 0---!--- . 9 <jJ 9 i i i ----!---0 : ~ 0---tu woo ~ ~ ~ ~ ~ ~;i ~i. lItl II~ ~ ~ . 'uB A. l!J , ~ vi, 0----;-- - __w;uwu__' - : ! DI : I ~=:;:: i-our !:u T- o 0 e 0---;- -"""''''ll., - ---0 ~ ~-i ! , i ~ ; 3 ~i .. . : i II' II 0--'; , -0 0--~- ' ~ ~ " .'..+m.....m.......I~ - I I I 066 I~ Ji{i I ;;;p VILLAS IN THE GROVE :t> .- m~ If 1- ~c "-> nO ;Yii mf 00 ::::t: Z 101 N_L 2nd A~ ! It !! . o' m" Delroy Beoc". F1o(;do .33444 ,.-'poio!'Q3\O~lClTI.lD3+I2-c..-A2',___A:l",02JlIZr./00411$,~,5S_ h!! I mw: :i!lli ~O~ ro ~ ~.(O aoN ::J i \. )> ~ r;;::> ! 1IIIili in ~!fi I. ' IIIII EL ,'~ :1 i! I! ~~ IH f cD m i~ o~ ~i!lr ~ ;l~i : ;Hli: El,j: ( ... 'c ~6 z C'l :!Ii <y ~ ? i i 1 0---!--- ? i ? 1 ~ tf i j ----!---0 w '" o ~ ~ -- .--0 ~ l!J .!' , ~ ~ , " I' -, r!l.' lID [l!:.!~ l[J ! ,: I _ : ~ i wI i ! ~i .1 ~ . 10 ;; I -_-"O:"oj: I'_m---m o VILLAS IN THE GROVE . IHI! IlIWi ."111 ~o -0 rt>(1)c !:!:.m OQN :J 101 N_E. 2nd Ave DelrOjl Beoch, Flor;do J3444 9 <f i i 0---!- -- - 9 i 9 i 9 i <f 9 i I -----i---0 ~ ~H !u_ ~ ' ~ ~ ~ ~ ~ ~, 0----< : ~I 0-- - ---0 ~!! ;& i .1 c ~!~ - · & I' ! -0 !ll! ~ 6 z () :!: ~ :r ~ " ~ (>=~ ~ ~ --0 g::=1::::::: - i::-':nmnt__T"OO"""o:-T'-_n__mmm:n(,of=~ o ~ 0 dJ 6 0 cD lil!l ~ ~!{l I "Il' VILLAS IN THE GROVE I' ~O-O :II'l )> .- mi I..!~ .~ roOl. "-=> " t1 o~ l~hrr~ ~~ CO ;~" ~.ro c:s "E * f ~~ 101 N.L 2nd A\lf! . I z~, ,,1 := l~ t 'll- ii1ii ()Q N : :. Delro~ Beach, r:oridC 33444 :J )> '" ~ I'll i II ~J ~i{i , II 1'1 ,f, I I ;' IEI' ! r ~~ ~! . ~ ~ ~ 0 9 1l 9 i i I 0---!- if i @]i !~ :.r= .0 Z :!l 8 z o r; " ~ z ~: ~: (i)-.-.--;- ~: ~' -B @] 0- @) @) e- @) (')-. @) @] [ill @] @] @) @] !c 0- @) @] 0-. @) 0-. [ill ~ cD .'lotl: m~ ~ ;iI~ . ~!i fi ~ , , " VILLAS IN THE GROVE 101. NL 2nd A\le Delroy Beach. FloridO 33444 Jill I Un!!; .i1!j w~ ro ~ !:!1.t1J OQN :J !~ ~6 z C\ :l ~ :E ~ ~ z cb \jJ i ~-,!,' ~~- ~ i Gu' II ! u Q' u'uu .~.. _-$-.u u. ~---..- ------O----------~E?_ -~--- e-.---~- --"'" ~ 01:--~ 0l---~- - u -- Q- -~Eb- --e--- &-;-.-$--- u u . .. ~ji ~-.;. I e , ;~ I' il!1 , !Ill i .Jl.lr: VILLAS IN THE GROVE )> il 'Iii ' if I ~ mil. ~ lill (I H~ r . !ill'. 01 s~ Z '01 N.E 2nd A~e I, Ilil F~ !.. mJ: Del(cy 8eoch. Florida 33444 (, ;>1..nOoO:'Wl~.....-:aoolll:ww7.r_.:>1...._. a:>,.. nM7"""'.......'."'_ <f ~ i, .,~-0 n- ! -Ji I' f , ~ I ] ~: j i-'-0 ! t! " ~ i ]: l " ;I -' :P :: ". ~.-0 i b '-0 ~ hlJ ! Uli!!i .il'!1 ~o -0 n. ~~ro ()QN ::J :x> "" a) l'il'll il,~ lit! i, I I ,j bI. ~ If : i l:~~ lh i :, I. <,I, ;;:.. !~ ;:6 z cD ~6 ~p o' i , , I I I o , , GJi- I~ I I I I I I , J;___r. __:__u_.. >___u _ ~~ __~-!, I i :~I : " I, I : ~ U ' - " o I, I::. l~ _ Ii :!: 1 ~r ~,I :- :~~....--. ------...~ :11 :u , l :~ I : :fi 6-i- 'u I! II :~ I: II :! 1 : 'I: ~- I I ill ,I 'I I, I' :1 i I :!l Cl " o c z o ~ ~ Z ~ ~~. ~,: .,;;, ---.-----~ .~! r ~ u ~ ! ~ ! I I ~ j, .__...J ~~L' 1. 'i ~ .' i . i ~ I I ; )-0 t i' .! J: ! " . i J: ~! , ! 'i: ,! U, .Lj--e j ! ! i ! i 'H-0 ! ! ! j! ! ! i ,rei ! ! ! ! ! Lei ! ; .--~ ~~ ~iW: 1!:1!. 'ilK. Eli}': "( II ! ~ ail n...__.~' ---_.__._--_.~ !: : ' , '~, : : ! I~--\\~ Ji VILLAS IN THE GROVE 101 N.E. 2nd Ave Delroy Beach, f1orido J3444 lilI: IIn!!: ,'lli ~o " rorD- ~.ro OQN :J ~~ :'F .0 Z C1 ;!'; <? <? i i 0--- : ~ ;~ ,~, !Z o ~ ~ z 0--- 0- 0-- 0-- 0-- 0--- cD : n . n ~. ~ ~ : ~ r,,'1 : ~, . ~, ~ -+------+.-- -------------+----- -- ::~. , , " " , , . --'-----------~---------+---. T -0 'f! : ~1 ---------+-+----~------+---- I ---0 iij , ~ j' j ~ --0 -------------~, ::1 : ~ : ~ : ~ : ~ ,c -.-------- ---+--- :r : ~ ": J' II " ~ PI ~ ~ 1 ri 1 ~ 'r :~ . ------------- --------+-- :~ Ii l , ~ : ~ :11 :u :n : ~ -----..=-= ----+------- 1. ---0 'J! Ji ~~ .......--'\'= , -- l: ----0 h i' ~ : J: ---0 I: ~l P ! II ~;!i VILLAS IN THE GROVE ~ i ~.J ~ ~O~ )> il ~m mi "-> ~ s~ un!!: ",~ ;;::J II l~ i ;ilH !:!?C'D ~~ ~: lOt N_L 2nd Ave O'Q N II ~!i ? Delroy Br;ooch, norido 33444 . "i!! :J )> I'-:> 60 I" 11111' I ill t:fj i I I fL rr i- , Ii, I ~f lH i . i~ 0: !~ ~. F ;0 Z Cl ~ <jl i <jl ~ '" o ~ ... '; z --B .~ ----0 :~Iii , i' k ~ I , ---B ~ cD "II!: mp. lilti= Efia~ : C~ VILLAS IN THE GROVE 101 N.E. 2nd Ave Delro~ Beach. Florida 33444 --,- -B ~ ; ~~! ~ HlI!!i -ill!! ~o " f1)<'tl- ~.(P OQN :J )> "" <0 JI'IIIIW1"I' ~ Ill~ { , I' '\ '~f III11 ~. m , I . : ~ .' ~~ ;1: l~ ~6 z l'l ~ 9 i ... .... :I: '~ - --0 ~ u ----0 ~"~iil , !J: : . m ~ ~ z :~!i!i . . i < : l ---0 ~l,'-,i~ , Ii' : I ----0 ~Ii , -I j 'Ie cD .'11' : ,1:.[: ;1.1 : '!lH: ~!h;: : ( VILLAS IN THE GROVE 10' NL 2nd Ave Delroy Beach. r1orido 33444 ~ I iJ II Ill!!!i . i"I! ~O~ It>~ ~.ro OQN :J .~ ---0 ..~ ---0 ..~ -0 :~'~i , at : ;:i : p : III -0 :~ ~~ - --0 -0 ~ !I II iI :1 :1 H ~i'l , ,-~~~==, " '~' ~----" , I' , '~ ,,------ , . " ': ., : , i: :: ,I i:t ,; ;, : ~; ': ,~ ; cD A4:~-~~~/ ~ ....... i il "I ~ PU J . .111' VILLAS IN THE GROVE ! i.1 ~ ~O~ )> . mil "-> II, " l- 3i :Unu: (1)~ "-> II Ii !H I ;!IM ~.(t) 0 I I ': 101 N E. 2nd AVf': UCl N i~ ;:If. Delroy Beoch, Flo,;do 33444 ,JI!i ::::l 'f z 0- _0 0 ?; '" ~ @] 0- -i!J 0-- 0--- _0 0- 0--- --0 @] @] --0 @] [ill --0 @] 0-- @] @] 0--";'-- - --- I o -----.;.~_0 i ~ cD Illlll!1 ~ JfII i ~H!i VIUAS IN THE GROVE ~ ! ~tr ~ ~O~ )> r ~ ,. i- c .;1:'1 jliHl' ro ~ ~ IH f c ;H~ ht:."r ~.('t) i,lll : 101 Nt. 2nd Ave - ;1111 ()Q N '" :mf. Delra~ Beach. FlOfLdo .3)-444 :J 9 , ! i " I~ ~ I~II ~ I ! I I &1t:tU"'-::-T-- )> W o o lilll'll II If Ii ' IIII I ~ I.~i li,lil ~i I!P f . !~ ~ ! Q~ ! ~ i , I~ ;g :l: ~ ::l z ~ ~ t ~ :Iil' ~~i"i ,.,Ii, '-.\' lib!; ~----;-1' ---e : ii!: ; ,'I'ill,' ',m ,..11 .1 ~ r " " i! II " ----<3 ~!Ii !lj 'WI j'jl ill Ii 'I :11 r~ M~ <~ ~; i~ : .fll': HW. "l~ . ~!it. : 101 N.E. 2nd Ave Delroy Beach. Florrdo .3.3444 VILLAS IN THE GROVE (if) I'" :.~ .0 z C'> :of II ~ .... < ~ (5 Z .-.-@ ,I I! f ~ ~ ~ hIJ~: ~ 0 -0 ililHi ~ (l) ~ jll!1 E ~.~ 4 \ )> c:.> 9 1[lllillll 'I ~ IIU,I_ ! IlilL~ liP f ~~ ~~~ ~ ~ ~ ~ , . ,...-.... ' ~~ ;0 z C'l ~ ~ - ~ -~ ~ ~ ~ z o ~ ~ < ~ (5 z ----@ --~ ~ -; m < ~ (5 z ~;====~ ai:' al --~ --~ 11:1 db ----~ 'II !i I' 'I ~---@ ----, I --:----@ r~ ~. ~; i~ { \ VILLAS IN THE GROVE 101 NL 2r'd Ave Delroy Beoch, f1oridO 33444 --<;;I _.--@ ----@ --@ .1,111 I ill II: . !Hfj ~o -0 ro~ ~.(O OQN ::l I~ ;~ z C'l ! :E .... ~ ~ o z <1B " \ '-. " 'fi : I'u : FII , .! l~ , jf!' :!i 1; ~ ~ ~ '~ t [' C: !r!r!r ~r ~r ~ ir n~ ;6 z C'l ~ ~~ ~ ~ ~ ~ ~ m ~ ~ o z II II ~ J"~t , 7i~!i VILLAS IN THE GROVE ~ 'i1 t m; Ii ,11- \~~ :5 HH f 101 N.E. 2"d A~ "" II :! -. ~ m..) Delroy Beach, r1orido 33444 , ; ~ t . I' IrtJ s Un!!: .,lllj { \ ~o;;p ro ~ !11.ro O'QN :J C'K; ~/v1 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~ d~: PA~}~~~~_ ~IRECTOR OF P'~fNNING AND frlNG NGJM=""TRA~~LANNER MEETING OF FEBRUARY 21, 2006 CONSIDERATION OF WAIVER REQUESTS TO LDR SECTION 4.3.4 (K) TO REDUCE THE LOT FRONTAGE, LOT WIDTH AND LOT SIZE TO ALLOW THE COMBINATION OF EXISTING NONCONFORMING LOTS TO CREATE 3 NEW BUILDABLE LOTS, FOR LOTS 13, 14, 15, 16,32 AND 33, SUBDIVISION OF BLOCK 15 (SOUTH SIDE OF SW 2ND STREET, BETWEEN SW 6TH AVENUE AND SW 7TH AVENUE) On December 20, 2005, the Planning and Zoning Department received a request from Mr. Fred Griffin of Fred Griffin Construction, Inc. on behalf of the owners to combine six existing nonconforming lots to create three 50' wide buildable lots. The subject property was platted in November of 1925 as Lots 13-16 and Lots 32-33 of the Subdivision of Slack 15. The six (6) platted lots measure 25' wide by 133.1' deep each and are currently vacant. Lots 32 & 33 of Slack 15 front on SW 6th Avenue and Lots 13-16 of Block 15 front on SW ih Avenue. Lots 32 & 33 are owned by Creative American Homes & Trust, LLC and Lots 13-16 are owned by Mr. James Sharon. The proposal is to combine Lots 32 & 33, Lots 13 & 14 and Lots 15 & 16 to create a total of three (3), 50' wide by 133.1' long buildable lots (refer to attached Plat). The request was considered at a recent Development Services Management Group (DSMG) meeting and the consensus was to support the combination of two platted 25' wide lots to form one buildable 50' wide lot. The existing lots are zoned R-1-A (Single Family Residential) and the proposed lots will not comply with current zoning district lot standards with respect to lot frontage, lot width and lot size as further discussed in the Waiver Analysis section below. As per LOR Section 4.3.1 (D), City Commission has the authority to grant relief of the following standards: LDR Section 4.3.4 (K) (Development Standards Matrix): . Reduction of required lot frontage from 60 feet to 50 feet; and, . Reduction of required lot width from 60 feet to 50 feet; and, . Reduction of required lot size from 7,500 sq. ft. to 6,655 sq. ft. Waiver Reauest: Pursuant to LOR Section 4.3.1 (D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. The proposal involves combining two 25' wide lots to form one 50' wide lot. As noted in the table below, the proposed lots will be deficient with respect to lot frontage, lot width and lot size. Fronta e Lots 13 & 14 60' Lots 15 & 16 60' Lots 32 & 33 60' q& City Commission Documentation Meeting of February 21,2006 Waiver Request for Lots 13-16 and 32-33, Block 15 Page 2 Waiver Findings: Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The lots contained within Block 15 were originally platted in 1925 as 25' wide interior lots and 33' wide corner lots. Over the course of time, the majority of these lots within this Block have been aggregated and developed as single family residences on 50' wide lots or greater. Lot widths of 50' are fairly standard in the southwest area and are more common than the minimum required lot widths of 60' or greater. In addition, the majority of single family residences built through the Renaissance Program in this general area have been constructed on 50' wide lots and the proposal is consistent with the surrounding development pattern. In March of 2004, the Delray Beach Community Redevelopment Agency (C. R.A.) requested a similar waiver for Lots 22-26 of Block 15 and was approved. According to the City's Land Development Regulation Section 4.1.4(B), Use of Lots of Record, A residential structure shall not be constructed on any lot within a residential zoning district which has frontage of less than fifty feet (50'). The combination of two platted 25' wide lots to form one 50' wide lot would satisfy the intent of this code section. The waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval has been granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency within the southwest neighborhood. It is noted that if the City Commission approves the waiver, a Declaration of Unity of Title must be recorded and a survey filed showing the recombination of the lots. Three Declaration of Unity of Title documents were executed and submitted with this waiver request. RECOMMENDED ACTION By motion, approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot frontage, lot width and lot size for three proposed lots to the dimension noted in the table above, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1 (D) subject to the following condition: 1. That a Declaration of Unity of Title be recorded and a survey filed showing the recombination of the lots. Attachments: . Location Map . Reduced Plat of Block 15 S:\Planning & Zoning\BOARDS\CITY COMMISSION\Lot Waiver-Lots 13-16, 32-33, Blk 15.doc ! I i I I I I I I I I I I I I \. ) L ATLAN TI C A V E N U E I - I I I II POLICE COMPLEX - - - - - w t.i w w w > <c > > > - <( <( <( <( - f--- - - - - - ST. - 1ST S.W. I I - -- I I W f---- f- - - > (J) <( I-- - - f---- - - f---- - - f---- - - I - f- I I - - OJ l- I I r-- l- I- I- - - - to II ll) '<t - ~ - - vi - T 0 - - cr: - - - II II n - I---- - I l-- - -- ST. S.W. 2ND /' ~ --- mE I I \ T II II - ~o~ ~ ~ I BIEE . U1 ~ ~ S N ~ -/j U1 \ ~THm - - VI ~E"'" - \ I '" ~;.; I rr S.W. 3RD ST. IT - ITIIIJ [[J]] ~ ~ 1 I \ II vi U1 f-- ~ f-- vi - - S.W. 3RD CT. - - - - - - - - - >--- ffiT TIlT II I - T I I I I N LOTS 13-16, AND 32-33 OF BLOCK 15 CITY OF DELRA Y BEACH, FL PLANNING &: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM891 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ I AGENDA ITEM ~ ~ - REGULAR MEETING OF FEBRUARY 21.2006 BID AWARD/SPORTS TURF ONE. INC. TO: SUBJECT: DATE: FEBRUARY 17, 2006 This is before the Commission to consider approval of a contract award to second lowest bidder, Sports Turf One, Inc., in the estimated annual amount of $22,817.64 for the landscape maintenance of two (2) baseball fields at Pompey Park. The low bidder, Wellons Lawn Maintenance, does not have the experience, equipment, or proper knowledge to maintain Bermuda grass as stated on the attached memo from the Parks Maintenance Superintendent dated February 8, 2006. The second lowest bidder, Sports Turf One, Inc., is our current vendor and has had this contract for the last three (3) years. They have done a satisfactory job and have the necessary equipment and expenence. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Recommend approval of bid award to Sports Turf One, Inc., in the estimated annual amount of $22,817.64 for the landscape maintenance of two (2) baseball fields at Pompey Park. S:\City Clerk\agendamemos\znd Low Bidder Sports Turf One 022106 MEMORANDUM THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Managerc=6 J oseph Saffor~ance Director TO: FROM: DATE: February 16, 2006 SUBJECT: DOCUMENT A nON - CITY COMMISSION MEETING FEBRUARY 21, 2006 - BID AWARD - BID #2006-06 LANDSCAPE MAINTENANCE - POMPEY PARK TWO BASEBALL FIELDS - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the bid award to Sports Turf One, Inc. for landscape maintenance of the two (2) baseball fields at Pompey Park for an estimated annual usage of $22,817.64. Background: Bids were received on January 26, 2006 from three (3) vendors all in accordance with City purchasing policies and procedures. (Bid #2006-06. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. As stated on the attached memo dated February 08, 2006, the Director of Parks and Recreation and the Parks Maintenance Superintendent recommend award to the second low bidder, Sports Turf One, Inc., who is our current vendor with the City doing this contract for last three years and has done a satisfactory job and has the necessary equipment and experience to perform this work. The low bidder does not have the experience, equipment or proper knowledge to maintain Bermuda grass as stated on the attached memo from the Parks Maintenance Superintendent dated February 08,2006 and approved by the Director of Parks and Recreation. Recommendation: Staff recommends award to second low bidder, Sports Turf One, Inc., for the landscape maintenance of Pompey Park Baseball Fields at an estimated annual cost of$22,817.64. Funding from account code #001-4131-572-34.90. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation [IT' DF DElRA' BEA[H DELRAY BEACH t..e.d A11.America City , III I! 1993 @ Printed on Recycled Paper 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.407/243-7000 TO: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joe Weldon, Director of Parks and Recreation FROM: ~/ Tim Simmons, Park Maintenance Superintendent DATE: 2/8/06 SUBJECT: LANDSCAPE MAINTENANCE POMPEY PARK BALLFIELDS BID # 2006-06 After reviewing the bids for this contract it is my recommendation that we stay with Sports Turf One. I inspected Wellons Lawn Maintenance and found that the do not have the experience or the proper knowledge to maintain Bermuda grass. They have only one reel mower and no back up. They also would contract out all ofthe fertilize and insecticide, herbicide applications. On their bid proposal they stated they have pesticide applicators license this is not correct. · Sports Turf one has been performing this work for the past 3 years and has the experience and knowledge and their performance has been great, they perform all work with their personnel nothing is contracted out. 1 St National Outsourcing had a contract with the City 2 years ago and their performance was not up to standards. THE EFFORT ALWAYS MATTERS = u < ~ = '-e ~ i ~ ~ Q Q ~ ~ o = ~ E-t ~ U 00 Q ..-:l ~ ~ ..-:l ~ = ~ 00 < = - M - o ~ E-t ;! ~ < ~ =-vS ~ M ~ C =- = ~ = o = =- = ..., ~ U ~ :z ~ E-t Z < ~ ~ =- < ~~<:::c: ffi::~~ >~;:-~ ~ - ~ ..-:l ~ p... ~ 0 t3 ~ ~ ~ E-t~_ l-. CI:l Q) >- -:t ~ r- ...... oo~ C"l C"l EA Cl <: z .....:l <: .....:l ~ ~ ~ co ::c: .....:l ~ <: ~ z ~ o ...... -- ;:J r-< 0 ~ ~ r-< ::> u:l 0 ...... ~ Q) >< o o oo~ ...... M EA ~ Q) >< o o \O~ 00 ~ EA .....:l o ~ ~ ~ > u ~ ~ <: p... - u:l ::c: r-< ~ ::;8 u:l Z o -- r-< <: u ...... .....:l p... ~ ~ .....:l co <: ~ S2 S ::;8 .....:l ~ p... o ~ N en ~ >- en ~ >- w 0 <.9 (/) w ;2 J:: I-- I-- - Z I-- () tI:: ro w ~ c: ro ~ en ~ - - ~ co Cf) "0 0... :J 0 ~ Q) >- ... :J Cf) co (3 Q) a > I-- I 0 W Cf) t: 2 (.) ::::i 0 .!!? 5: Z "0 ~ 8 u ...... r-< en ~ ~ Cl- en Cl Z S t3 ~ :J ~ en ~ ~ U r-< .. <: <: s g U 5 ~ :J ~ 3 ~ 0 ~<t:;u <5 c Q) (J) "0 Q) .13 0 :;:; "0 (/) >. Q) c c.. ro ro Q) c.. (J) E Q) c > Q) 0 ro .!d () ~ - CD o o N j;::: ~ N ~ )( D U <t: u Q iii o ::l "6 -0 >- I 0, c .iii co -5 :; a. W u c co c ~ 1Il t Q:: AGENDA ITEM NUMBER: ~~ AGENDA REQUEST Request to be placed on: February 21, 2006 Date: February 16, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve award of Bid #2006-06 for Landscape Maintenance at Pompey Park Baseball Fields to second low bidder, Sports Turf One, at an estimated annual cost of $22,817.64. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to second low bidder, Sports Turf One, for Landscape Maintenance at Pompey Park Baseball Fields for an estimated annual cost of $22,817.64. Funding from account code 001-4131-572-3490 Department Head Signature: ~ ~ "- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes V" ~ No Funding alternatives: (if applicable) Account Number: Account Description: , ("W:::II. r Y "Z..OO 4- Account Balance: 5'" rr'G) P"1 't.,.D01 r.::v~~ Pyv ~ L.f\~ LC City Manager Review: Approved for agenda: C) L/ Hold Until: aut No , Agenda Coordinator Review: Received: Action: Approved Disapproved Community Improvement Memo To: David Harden, City Manager Lula Butler. Director. Community Improveme~ February 15, 2006 Request for Lien Reduction J S.W. 7th Avenue Vacant Lot From: Date: Re: ITEM BEFORE THE COMMISSION: Consideration of a request from Mr. Onofre Suarez, to release a portion of the liens assessed for abating certain nuisances in the form of accrued interest and administrative fees for a vacant lot in the 1100 block of SW 7th Avenue, legally described as Ridgewood Heights, Lot 23, Block C. As of February 15, 2006, the total amount of accrued interest and administrative fees assessed by which the liens are to be reduced is $5,256.98. BACKGROUND: The City Commission approved a policy governing requests for release and/or reduction of liens at its regular meeting of October 21, 2003. The policy states that the Commission may consider reducing liens up to an amount equal to the accrued and assessed interest and administrative fees only. The applicant must agree to pay the City's actual out-of-pocket costs within 30 days of the approval for the reduction of a lien. Further, the Commission's approved policy requires that such reductions in liens will be done upon the submission of a building permit application for a new structure. Mr. Suarez acquired the property via a quitclaim deed in the amount of $7,300.00 on April 29, 1999. The applicant has indicated he is requesting the waiver in order to build a single family residence. Mr. Suarez is willing to pay the City's out-of-pocket costs of $1,506.15. STAFF RECOMMENDATION: Staff is recommending approval of the applicant's request to reduce liens assessed to his property on SW 7th Avenue in the amount of $5,256.98. In addition, the balance of the lien, representing the City's out-of-pocket costs, must be paid within 30 days of Commission approval and the release of the reduced lien amount shall be coordinated with the submission of a building permit for a single family home. LB:DQ Attachment oj<; [?G~ SD Mr. Onofre Suarez Cost Breakdown - S.W. 7th Avenue (Vacant Lot) Invoice Type of Work Out-of- Admin Recording Pocket Charae Fee Nuisance Abatement 75.00 50.00 1.11 1/25/1989 Nuisance Abatement 80.00 50.00 2.33 11/10/1988 Nuisance Abatement 305.00 50.00 2.26 5/19/1989 Nuisance Abatement 115.00 50.00 2.40 9/15/1989 Nuisance Abatement 75.00 50.00 2.20 6/12/1990 Nuisance Abatement 65.00 50.00 2.00 4/13/1992 Nuisance Abatement 60.00 70.00 2.52 11/16/1992 Nuisance Abatement 121 .86 70.00 2.68 3/18/1993 Nuisance Abatement 172.00 70.00 3.00 5/22/1996 Nuisance Abatement 51.00 70.00 3.13 11/6/1996 Nuisance Abatement 61.00 70.00 1.52 5/21/1997 Nuisance Abatement 51.00 70.00 3.00 9/18/1997 Nuisance Abatement 59.00 70.00 2.92 1/22/1998 Nuisance Abatement 51.00 70.00 2.47 4/24/1998 Nuisance Abatement 59.00 70.00 2.24 12/16/1998 Nuisance Abatement 67.00 70.00 2.51 Totals: $1,467.86 $1,000.00 $38.29 Payments by Vendors: Recording Charges: Administrative Fees: Interest To-Date: $1,467.86 $38.29 $1,000.00 $4,256.98 Total Due: $6,763.13 I I,.;' ~, 1"/ t / City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM 1. Please complete the information listed below as the requester for lien reduction. . Requester's Name (if business, please list company name and contact person): O/tJOr/5' ~A".R~"""2- · Address: , 11 /' J //icL 2W 7&t/~ ~el-Iy 15t1f/ 'F/. g3~~l/ . . Contact Telephone Number: 5@/ ....~~/- ~6 ( · Fax~umber: 56/-1-6S:: 7c1-f'1 . E-mail address: 2. Please indicate if the company listed in 1, above (if applicable) is: o For ~rofit cg-- Non-Profit 3. Property information - Describe the property for which this request is being made: . Address: i'tOl J J u-€fL ~ 15(1 II F I. ::5vJ 7 At/~ :5?'7/;"r . Property Control Number (PCN): u-4J_ -1 ~-c9t2-~-QO.2- ()a3[) . Legal Description: I, . ( 4. Property acquisition information: · Date of Purchase: · Method of Purchase - vVarranty Deed, Tax Certificate, etc.: · Purchase Price $~ 5. Briefly describe exactly what you are requesting from the City: J/~-y 7r7 Ir -Vt?u/ A~t/7 7/-/<, '~ ~ g: LL 6. Briefly describe the purpose for which subject property will be utilized and your proposed timetable for implementing such use: l ~(/,Ll> A Jr/&v' S E 7. Have you requested lien reductions at any other time from the City of Delray Beach? If so, when and on what property: ;t/{) owner(o~eb- /?~5-ds~ Date Submitted Agent's Title STATEMENT OF ACCOUNT ~ f'~ "", City of Delray Beach Florida 100 N. W. First Avenue Delray Beach, FL 33444 (561) 243':"7000' TO: SUAREZ ONOFRE 1118 SW7TH AVE DELRAY BEACH, FL 33444 . .. ... DATE: 10/01/03 CUSTOMER 288 CUSTOMER TYPE: CE .02 .01 .02 "~~'~'-5 ';67-3:''"4' 5'" , $5,67::3.45 -------------------------------------------------------------------------------- PLEASE DETACH AND SEND BOTTOM PORTION WITH REMITTANCE DATE: 10/01/03 SUAREZ ONOFRE REMIT AND MAKE CHECK PAYABLE TO: City of Delray Beach _ Attention: Finance Department 100 N. W. 1st Avenue Delray Beach FL 33444 . Please call Barbara Turner in Finance regarding your past due balance at 561/243-7126. CUSTOMER NO: 288 ,. CUSTOMER TYl?B:. /CE 'TOT~, DUE:' $5,673.45 ~. ;;..~ e~ '~f~~ ~ q . ,Palm Beach County Property Appraiser Property Search System Page I of2 ,;,. - '~'-1";"ji,<],T-l. ,N':,i:';Jt~ \.~:.:\" Property Appralse(s Public Access S)'stem ~;': -: .;y~ ',~"~ T;j',~ _:'~"; . '. ~: :~ j I \ _ ~ . ~r ; ':: ':: . f: r G; ',.' ~"; "".,,',' ~:~.~_~~1~~~~~~~1 ~J~~L ~_-', ~. - Property Information ~..,..,.;........' , . " '- ',".--." ", SU~cIiVisici'n~ Official Records Book: J.,egal Description: '0230 TS . . . lU34 Page: 1332 Sale Date: Apr-1999 RIDGEWOODHEIGHTS DELRAY LT 23 BLK C Name: SUAR:EZ,ONOfRE Mailing ~c:t~res.~.: -- .'1\"~~19~9 Mar-1999 Tax Year 2005 Number of Units: 0 -- "'"" ' -'.. Tax Year: Ad Vah:>rem: Non Ad Valorem: Total Tax: 1.-....,............ '. . r...III 1_.,._... '-' l~lW~1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print detail on one page. http://www.co.palm-beach.f1.us/papalaspxlweb/detail_info.aspx?p _ entity= 124346... 12/16/2005 Date: February 17,2006 Agenda Item No. C1,O AGENDA REQUEST Agenda request to be placed on: _ X_Regular _ Special _ Workshop Consent When: February 21, 2006 Description of Agenda Item: Request for Lien Reduction - Vacant Lot, SW ih Avenue Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: *~~ ft_ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: Approved for agenda:@/ No ~ /1, Hold Until: t/ I ~ I Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGERt11 AGENDA ITEM # q E - REGULAR MEETING OF FEBRUARY 21. 2006 APPOINTMENT TO THE DELRA Y BEACH HOUSING AUTHORI1Y TO: FROM: DATE: FEBRUARY 17, 2006 The term for Mr. Morris Weinman will expire on March 6, 2006. Mr. Weinman will have served one full term, is eligible and would like to be considered for reappointment. Per statute, an appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. Mr. Andre Tookes is the current resident-member serving on the Delray Beach Housing Authority. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Christel Silver. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Mayor Perlman (Seat #5) for one (1) regular member to serve a four (4) year term ending March 6, 2010. Recommend appointment of one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending March 6, 2010. Edward Desmond Joe Farkas Gerald F ranciosa Philip Friedman Pearl Markfield Elrod Christel Silver Morris Weinman DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" currently serving on the Public Employees Relations Committee also applying for the Nuisance Abatement Board and the Education Board currently serving on the Nuisance Abatement Board; also applying for the Education Board (Incumbent) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 770 SW 12th Terrace Dekay Beach, FL 33444 01/06 TERM REGULAR MEMBERS TELEPHONE EXPIRES 07/14/2008 Joseph Bemadel, Vice Chair Home: 883-5465 Unexpired Tenn 07/16/02 95 Northeast First Avenue Office: 243-3136 Reappt 06/08104 Dekay Beach, FL 33444 07/14/2006 Alfred Etienne Office: 498-0500 Unexpired Term 03/02/99 311 Sterling Avenue Home: 637-0387 Reappt07/02/02 Dekay Beach, Florida 33444 07/14/2006 Dawn M. Guzzetta Home: 362-8080 Unexpired Term 07/06/99 106 Basin Drive Office: 278-1994 Reappt 07/02/02 Dekay Beach, Florida 33483 Cell: 843-4700 07/14/2009 Angela D. Randolph Office: 276-2889 Appt 07/24/01 1323 Prospect St. Home: 279-0377 Reappt 06/21/05 Dekay Beach, FL 33444 10/27/2007 Gary Rosen, Chair Office: 266-9669 Unexp Appt 07/22/03 817 Northwest Second Avenue Home: 330-0099 Reappt 11/04/03 Dekay Beach, FL 33444 Cell: 251-1065 03/06/2006 Morris L. Weinman Home: 498-4948 Unexpired Term 03/06/01 13850 Via Tivoli Reappt 02/05/02 Dekay Beach, FL 33446 07/14/2006 Andre Tookes (Resident Member) Office: 251-1632 Unexpired Appt 07/19/05 1131 SW 7th CoUrt #R1 Home: 278-8211 Dekay Beach, FL 33444 Cell: 251-1632 Director: Dorothy Ellington Contact Nina Levina 272-6766 Housing Authority 272-6767 Fax 272-7352 S/City Clerk/Board 05/Dekay Beach Housing iijir 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION ,Ilg/atj ()~ 1;;/01 OO:.RAY BEACH ..0...... ***** RECElVED MAY 2-72005 Please or rint the follo 1. LastName: 1"'"\ -vetS", (}" 2. Home Address: /p - I ~ I /l S 1..1 <S,.tutOffJ ,~/1It V/-i,. 3. Legal Residence: Set (J 43 ~ 01} II ~ 4. Principal-Business Address: 3333 A/OJo-fJ ~J,el'o./ H. Name b ~~~9 Zip Code FI ZiJ? Code 33 f".3/ City l3tJ(PQ !?~fa~ State 5. Home Phone: -Business Phone: E-Mail Address: Cell Phone: Fax: ~r6 - &""3 93 '(.f"'9~-~7~7 Cf:(JEClJ9qbl~OIlJ ~/-9~S--'13:l~ 0''1-<19'. NgJ 6. Are you a registered voter? ~.s If so, where are you registered? Deh ct 7. What Board(s) are you interested in serving? Please list in order of preference: 8. List all City Boards on which you are currendy serving or have previously served: (please include dates ) /C~ 9. 10. List any related professional certifi.cationsand licenses ~hich you hold: t;'e 'f~l!!--d 11. Give yaw; present, or most recent e - loyer, and positio~ . /. l'J ' , / edtti..e. O'H" ul-'4!..L"Mdt!Ja.T/dlt S-jr//lOf c.. - 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please atl2.ch a brief resume) r~" s~~4f1~ted I hereby certify that all the above statements are true, atid I agree and understand that any misstatement of materW. facts :tr~u:::Zz)nmyportOfanY appomttnen~;;;s- .rAWRE DATE ! - Note: This a.pplication will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. , S\CITY(1llRnBOARD\AI'PUCATION EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-5393 1999 - Present 01996 - .1998 1989-1995 1987 - 1989 1977 - 1983 1972 - 1977 1965 - 1972 1964 - 1965 1959-1960 1957 - 1959 1955 - 1957 1954 - 1955 PROFESSIONAL EXPERIENCE CARDINAL FURNITURE, L.L.c., Delray Beach, Florida Owner C.T.P. FURNITURE, Stratford, Connecticut Vice President - School Division DMS ASSOCIATES, Fairfield County, Connecticut AfanagementServiceConsuhant TOWN OF WILTON, Connecticut First Selectman (Elected Office) WILTON PUBLIC SCHOOLS, Wilton, Connecticut Director of Afanagement Services WESTPORT SCHOOLS, Westport, Connecticut Comptroller DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent for Business/Finance SOUTH SCHOOL, New Canaan, Connecticut Teacher PLYMOUTH ST ATE COLLEGE, Plymouth, New Hampshire Principal of K-8 Laboratory School, and Director of Student Teaching Supervising Teacher CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal 1983 -1986 1972 -1977 1960 - 1964 1970 -1972 1966 - 1968 1956 -1958 1950 -1954 OTHER EXPERIENCE Small Business Owner Westport, Connecticut FAIRFIELD UNIVERSITY, Fairfiel~Connecticut Teacher of Graduate Courses in Negotiations UNIVERSITY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of Graduate Courses in Finance Owner- Real Estate/Construction Business Plymouth, New Hampshire Park Commissioner (Elected Office) Plymouth, New Hampshire Precinct Commissioner (Elected Office) Plymouth, New Hampshire Alternative Representative to House of Representatives . Plymouth, New Hampshire EDUCATION National Association of School Executives University of Bridgeport, C.A.G.S. Boston University, M.Ed. Plymouth State College, B.S. PROFESSIONAL AFFILIATIONS · Connecticut Association of School Business Officials President-Elect 1972-73/ President 1973-74 . Connecticut Association of Superintendents . Conway Teacher Association President 1955-56 · Danbury Association of School Business Officials President 1970-71/1978-80 · National Association of School Business Officials . Phi Delta Kappa Vice President - Bridgeport <:;hapter 1972-73 . National School Supply'and Equipment Association . Boca Raton Chamber of Commerce . Delray Beach Chamber of Commerce . "Council of 100 Club" . Public Employees Relations Commission, Delray Beach 2002 . Palm Beach County Republican Executive Committee 2002 ORRAY ilEACH . '.0 c. . . A m~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ell/)/01} ?tl)a/J&- ***** A- 2. me Address: ? Name ~' JOc- MI. 3. V't!..- State ?L State Zip Code JJ y :r-:- Zip Code 4. Principal usiness Address: :? D~ 6::r,4fsr ~re-".ql!'-" // <L /'T ./e::- ~~c-~ 4c~ h. ~ ~ C/TC4..L 5. Home Phone: 'Business Phone: E-Mail Address: Cell Phone: /_?/7 ;::A~-t:' Sbs-t r@, v- 10111 /bS-/ IV"> e c. 0 ~- .pel b '-/ If so, where are you registered? (e~, ha 7. What Board(s), are you interested in serving? Please list in order of preference: 2.. _ v- Z/-JcvtV a~ City State Zip Code FL ].Jf;'F.s Fax: 6. --- I r ..-r",,/{:! <.. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) 9. to. List any related professional certifications and licenses which you hold: 11. Give yow; present, or most recent eniployer, and position: t:.I~ .4,/1..1 b-; . . 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) o , ;/!-- o"c r/. 4-~F Seav;ceS M v 6-7,/t!....,,/ ~e /J- c:9 &:>~ ~6J/2. d. ..5/~c.~ ~ pe.s /rZ~ -rv t:...L ~~~ ~ we' ~ c.~''7 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a plication may cause forfeiture upon my part of any appointment I may receive. h - / .0 ~ G.-OO..j- DATE } ~ ....;ite: This application will remain on file in the' City Clerk's Office for a period of 2 years from the da.te it was submitted. It will be the applicant's responsibility to ensure that a current appliqt:i.on is on file. " S\CfiYOERK.\BOARD\Al'PIlCAUON ~y-16-05 05:19pm From-WASHINGTON MUTUAL +5616S98506 T-1SZ P.03/03 F-S09 OBJ ECTIVE JOIE J. FARKAS 737 Northwest 37th A\ienue · Delray Beach, Florida 33445 (561) 499-4:578 Cell: (561) 271-7651 ~'eeking Management position with growth oriented organization where my skills and E:xperience can be utilizE:d. SUMMARY OF QUALl FICATIONS . Professionalofferin9 exceptional mana~lerial, organizational and motivational experience in finance industry . Proficient in coordination and implementaticln of multi task responsibilities . Excellent communic.3tion and public relation skills with strong emphasis on customer satisfaction . t-'ossess nlgn won< etolc with vt:r::;<Jt,ilily <:2l1U !-'CI;;'CVC(Clnce . Experience in traininf and motivating sales and service representatives .. Continuously exceed:. goals .. Productive in effective time management to ensure schedules are met .. Effective team player and proven troublesh.)oter EXPERIENCE 11/00 - Present \ ) 11/92 -11/00 4185 - 10/92 ~....u...." .."'., ','VASHINGTON MUTU.o.L BANK. West Palm l3each, Florida .. \sst Vice President /1r:Jnancial Center Ma(lager Hire, train and motivate staff of 15 to become effective bankers .' Attained mortgage and consumer loan gro\tvth of 125% to 175% ,. Develop and maintain positive business relationships and community contacts Realized 100% goal Httainment for the pas1: four years .\MTRUST BANK. BO~I Raton, Florida .~oan Officer (3/97 - 11/00) . Processed loans fror" origination to c1osin~1 . Produced $19 million in mortgages during ,)ne 12-month period . Underwrote and approved authority for eqllity loans up to $250_000 Branch Manager (6/93 - 3/97) .. Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) .. Provided high customer service levels emphasizing problem resolution and staff development Loan Officer (11/92 - 6/93) .. Solicited builders, developers and realtors to originate loans .. Generated $15 million in mortgage from 12/92 to 6/93 CALIFORNIA FEDERAL SAVINGS & LOAN Branch Manager ~ Created customer awareness by developing and implementing marketing programs and soliciting outsidE I business .. Branch consistently achieved over 100% ct production gOol::o v,":, ",-.:...,...:;,.-'. ....-Vl-.--;-.~:.:;:!.-;.:;;.,.!; -;..:;.3':~. -:::;~.!:.::- "-- ~r:... ~:u;__ R$lIl:hp.lor of Bu~ine.ss Administration OfUU.Y Bl=ACH ~ rqj1? 1993 2001 '=U9. 04 200ff7~i?I <?/ iff; CITY OF DELRAY BEACH E.C€.\\1E.D. BOARD MEMBER APPLlCATIO~ Ii _ ~ '/.\Wi ~\\ 0.'" " C\..~p. Crfl . FH:~: 110. : 56126607-46 n n: {; L1:1ili F-.'Ol'1 : GER-'::HI ~tll~H:.l/H U3JU~'~~ Itl~ Id:3~ ~Ai J.l E1IE {'T 3. ~ Rcsi~ce; S ~ 4. PlincipalBusio.ass Address: City CiLy City Shl~ ~Co& I. 'Business l">b.oo.e:: E-M.Ul Ad<hes5: Cell PboQ~ H'b- 7. ~t Board(,) ou;c: you inter~( in scrring? Pl.t::IlSc:list in ~~er ')fpc:cfer1::lJ.ce: ... klVt/ CVlr7rn; cS . . '.' . 8. Lis;: aU Cir:y Boards O[] wbkh you U'e CW:r~dy s~ ot' ha.v~ pl;cviously served: (Pkue mdwk da~) ;/0 W .~- - -.- .) EdUC2.tJ~ q~ul1oa6; 13 io. J.lsl; any .related profl!.lls10asl <::e.t:tifia.UOQ3 109.liccn&cz which you hold: 11. Gl~e y~uc present, or ~ re.cent caiployer. and position: 12. t>~aifx: apedeDCe$, skilll 0"' kno~edge which qw.lifr you to =c: ~ r:his bo;ud: (Ple:uc 2D:1ch :a. hcid'resume) I hc:r~ "'" t ~ ~e ll.~ve taDOltl> .arc CCu~ andl agree and tl.l3~l':lltld due ~y wisgc.ta:o.eGt of nla.~ &.ell> COi=d "'" ,,"plla,,",,- moy ""'"' f""",=< "f">1 "*' .... of ~l'PfX'~~ ~ "GN" ~ .. 0... It PI q./;' appl.i.c:acioD. ~ I:..mu..in on file in tb..c Cuy Qc.ck's Office for a peI!lod of 2 years from the &tc it ~ :bmitt~. It will be the appliCUlt'$ responsibility to cns.uc'dJ.u: a cw::rent :If'pJjc.:uion is on file. . ~~..............U<:Jl:DOI< 'I . m~ .1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED AUG ;....5 2005 K Ws!tTJ . C/;irff.Ji/fJJ1 r~ cJ::r DB..RAY BEACH . .. 0 .. . . A ***** 14. information: City 2. 3. City State Zip Code 5. Home Phone: &,( 6. Business Phone: E-Mail Address: Cell Phone: Fax:: 9. O"LI 7. 8. /IJ .\.J QoL 00 . ~tA...S' I rVe S 10. List any telat~ pt<?f~ional certifica.tio~and li~nses wh\ch you hold: ,,^.e.. \ '" r- &IV"- .$ < I ~ "3 I (' c efiJ<:<-e- I?- (E~~ ~\~.;.. \Z.-€ft- cf( eo~ fJSS'OC\~ above statements are tIDe, and I agree and understand that any misstatement of material facts hoo may", forfeiture upon my part of any appointment I Z ';;:;;e. . . 8/s;- CJ~ DATE I ' Note: This application will remain on file in the' City Clerk's Office for a period of 2 years from the date it was submitted. It willbe the applicant's responsibility to ensure that acuttent applica.tton is on file. . S'aIYaJlltK\IIOARl1\APPUCAnON .. ) -p ~ \ \ \. ~ \-a., eet.m.1W . . '76;,0 A\ \4~1l..s- -r;;(1A~ ..~~~ P\ l>&W3 ~(p I -;).. 7(p - d-(}...D 7 . 8!""-C4-~crO _ 'B.A. I'" .f:CoN:s>h'\IC.::' - H-<--~Co)\~ ) .. N'eW 't'n.k.C-t kr 1'1~ ~ fVl\~,jj., <b~a.N ~cJ::ooJ '~'ICA.- J N~on.k Ct~ {q~ JNt!J(t,k .e~\ef\Jce. I~ flS- I~G~ ~N\&)N ~k-~~~oN ~ IA-')C ~\~\.S+ ICj6:,~-197~ LeuefI- ~(UZ>~~ - 8~ . TA-')( ~~\ql ,~1- 177,J..-/OzCrf( CI~ {.L.vlJ~lk~7s.-ztL ~ l!ii;1~ (j~\\lfU<>.1 l; v...4 \~ N 9fl6..9-t ()l J. 1fA~ \t~'-/ , (<7 6.6" -- (~ 70 ^l-vNtn.k~Ol"""'\a.~- . -~\rJ. 1"'+LL-c,,*k~~~- UNts. . ~(V.t~ 8-1 (~"'9J..l-e (J (it \ ~&o>,^,b(.JQP\.~ ~~~ K-eJt\~~/ <A.~7v-es.) ~~0=>\.rJ . co \ l e.v\-- "'0 08/03!OS WED 14:3J FAX 5812433774 ,eea/ k- flJ O~ 2 CITY OF DELRAY BEACH RECE:\fED BOARD MEMBER APPLICATION AUf, - b. 2005 cn~" J'~ .' M "2 rt/:GL / ') St2U: '2tiCK ;- L CITY CLERK DEUtAY BEACH ~ 'J qur , 1993 2001 State 2., Sutc 3. Fn:: 5}:~~hDO 10_ List any [ebt.cd pro[essi~C' ~.Ottions J-5l~ licenses 'Which you hold: . '- ---r-v le.--- Note: 'Ibis ~pp1icstioo will Lem;Un on file in the' City Cled's Office. for: :l petiod of 2 y=rs from the d:a.t.f:: it ~l1S , submitted-It wiIl.be the 2pplic:ult's J:espoosihilily [0 eosuCc tlut 2. cun:cnt applio.tion is ~NlD\AfftJC^Tt<n" 1 -d dSS=vO SO VA ~n8 Hu~ U4 U~ U::I:::iUp p.~ RESUME FOR PEARL "BUNNY" MARKFIELD ELROD BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRA Y AND CURRENTLY VICE-PRESIDENT. . MEMBER OF THE SWfNW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRA Y BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I P ARTICULARL Y ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. Au~ 04 05 03:30p p.3 , , ./ DELRA Y IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEAL THY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! 01/31106 n1E16:31 FAX 56124337H OB..RAY BEAm ~ 1iiT! 1993 . :lOO1 CITY CLERK 141 00.. 4 :/:.,'i, CITY OF DELRAY BEACH REC,","JVED BOARD MEMBER APPLICATIOflB 0 1 2006 CITY CL~RK "Plea.se ,or rint the following infonnatioo.: 1. IastN:ame: r) I N2%D.c C/I;(!,/fl/""'""E2... . ~fLVG7<.. 2. Home Address: Ciry- /1r-,. ~ A Smte .278 E: CO;eAc.. I-2A-C~.. C//2 . \U:PU~ /1:b?tc# tZ... 3. Legall\csidence~ Citv St2tc 27.f' C CCJ.eAL /72/fC6" ok. cLJ~ 11.9fCir- /Z. .4. Ptincipal.Business Addrc;!s: City St:a.te IUO; ~xJe- /2..L1 /&xJ+-. ~AJ 7Z- S. Home Phone: . Business Phone:~M:.illAd.drcss: Cdl Phone: Fax: f;b1-27lf- j? Irs t;;br~ '179-:J22-V 1~~,f/k~hO(>(<.t. Sf/-C12?- s;::}9 JId--W.t-(.?9 6. A1:c you a tegistered voter:? AJo If so, where are you 1:eg1stered? 7. Wh..u; Boud(s) :ll:'e you iot<<es ted in sea:ving? Plel\se list in order of PJ:CW:alCC: #l?O,f / N a Av~.-!./'t:Z-_ . M..l Zip ("JOde ~::? r y....- Zip Code :?:JYYr ZiJ,> Co& &,? Y::l.1 8. list all City Boards OLl -..vhiE~ou arc CUJ:rently'serving oc bve pr!':Viouslysecved: (pleue U1clud.e dates) ~~ ~,fU""e '. 0 1 I I I 10. List 21lY tthted professiowU cert:i.fia.tions:md licen.sCll wbkh you hold: I . j'~ IZE<O/-T"'___ ~- ~ 11. Give yo"" p,",enl; ", most <<cent eniplayez. Md po~ . . . 2<h' ~JC- tJ/77J- ~~ ~.{'G<:.2/;7ve:::r Or .&de-A /6frl)V vA/Cd =rv ~ &(?Oy';7v6{ ~'~'(/t!4-fO~hA/I/r~/fdA-i1C1tJr-2DO .12. Describe apcriences, skills at: knO~whLch qwlifyy.;;;~(ll7~e O~l thIs baud: (ple:a.se atta.c:h l> bnef (esWl'l . . 9. Educatioa:d quali1:i.catiom;; . 0 . J; /LE'J'Oh<=" .. Iw ;u;:- J' 0 17 ~ I hct:cby certify th'at all the above stltteroenu ace tl;Ue. snd[ 2W'ee md understand that any misstateril.en.t of matctial E:\d$ ",oW=! (ji'P7 Z:fo<fiaure upoo .'1 P":' of on, '[>Pom"""" I m.y <=iv. e- o hV _ r 0 . :i~(la?~.- SIGNATURE . D I . Note; 'This appli.oltiQn will remain. 0.0. fileio. tbbCity Ottk's Ot':&c fo.ra petiod of2 years from the chte itW3S submitted. It will be the :&fIp1ic.ant"1> .tespoosibility to ensuie that a cuo:ent appIimtion is on file. ~J.l\IMrnr.\"1'Jl:x" Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 Cell: 561-929-5799 Resume Education: High School Diploma at Sequoia High School Redwood City, California as an Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Admiriistrator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the City of Delray Beach' Residence Academy in April 2004 Graduate of the Leadership of Delray Beach 2005 Licenses: Associate Broker in Maryland license #81131 since 1985 Realtor in Florida license # SL690952 since 2000 Certified Residential Appraiser in Maryland license# 7102 from 1991 until 2004 Notary Public in Maryland from 1986 until 2001 Notary Public in Florida since September 2003 Fair Housing: Member ofthe Fair Housing Committee at the Montgomery and Frederick Association of Realtors in Maryland 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County Maryland in 1995 Member of the Interagency Fair Housing Coordinating Group in Montgomery County, Maryland 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien. Membership: Greater Delray Beach Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup since 2005) German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Secretary for the Florida CRS Chapter (Certified Residential Specialist) Elected Secretary for the Board ofthe Coral Trace HOA . ~,'lJiv ~'!ic._______________ January 31, 2006 Christel Silver Date Feb 02 06 09:46a Patti Weinman 561-865-0193 p.2 01131/06 TUE 11 ;06 FAX 5612433714 CITY CLERK III 002 ~ 2//#6 ;,Jbt1IlnIU," CITY OF DELRAY BEACH _. 0 BOARD MEMBER APPLICATION 1993 2001 - iufotvo....ii"oD. fL,. ~~ €- \ (\ \'Y\ C\ 2. HeAddress: ' . ,. r . \ \,0 \)IL'-. VCJ 3. l.egtl lte$lcnce: I -' ~ ~ \J () y-P---- .4- P~Busincs, Addo::ss: \"~\\~~ N2mt: M. L L-- ~Cod 5s. 6 Zip Coae City State ~ Code -. E-Ma.il4sldre$ . CeD. Phone: ') . Pu:: . (l'\ jtrh(j~od.. ~G' 0)2..6 )6/ '~6(-'ZG-r--.Of-1 If so. whae ~ you .tegisteo:d? Pl\ ~ I, Co . 5. Home Phone: ' Business ph.one: ~b\/~ c\ 9 .;iCl~'~ 6_ Au you. a .ccgistcted vote1:? 7. 8. Lilt 2ll City &aros on which you an:: cum::ody ser:viog oc ha'V'c pt'evioa:ily ~~ (pl~ include dates) to. List any rehted professionil. ccrtifia.tions 1Uld licenses which you. hold: '12. ~ =pttU:nces, 5ki1h 0,[ knowledgewbitb. ~:YDU to :ic::cve on this - (Pb.se -.tb.ch .. lxicf t;C;S\JLIU;) ....-' / O'V <;; ~V~ 'Y ~ th t all the ;aboV!~blttroenU uc tmc.. ~d I agcec:and understand tm.t.ny m.i:sstatoem.cnt of M1tedM &<:n - cd . P - - n may a. fuofutm;e upon my pm ohoy ~lm<f>.t Ii..y r ~ . . - - { -' -€ __ 2-006 DATE Note: This Application will.rem:rio. 01'1. ~ in the Ciqr CI~s Office for. 2. period of 2 yeus from the date it W2S $Ubmittod. ItWJll he the 1pplican.is responsibility to cOsme' tWd.a cua:entA~~ FEB 0 ? 2006 CITY CLERK MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # q"f - REGULAR MEETING OF FEBRUARY 21. 2006 APPOINTMENT TO THE EDUCATION BOARD TO: SUBJECT: DATE: FEBRUARY 17, 2006 Adam Sortin has submitted his resignation from the Education Board effective February 6, 2006. This creates a vacancy for a regular member to serve an unexpired term ending July 31, 2007. The resignation letter is attached for your review. Members of the Education Board must be a resident of the City. own property. own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible. that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for. appointment: Gerald Franciosa Law Enforcement (retired) (also applying for the Delray Beach Housing Authority and the Nuisance Abatement Board) Philip Friedman Financial Aid (retired)/real estate (currendy serving on the Nuisance Abatement Board) (also applying for the De1ray Beach Housing Authority) Peter Raycroft Educator/ sales Sandra Tobias Educator (retired)/real estate A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat #1) for one (1) regular member to serve an unexpired term ending July 31. 2007. Recommend appointment of one (1) regular member to the Education Board to serve an unexpired term ending July 31. 2007. EDUCATION BOARD 02/06 TERM EXPIRES NAME & ADDRESS OCCUPATION TELEPHONE 07/31/2007 Bradley Bradford Home: 272-9314 Appt 07/05/05 65 SE 5th Avenue #N Office: 272-8991 Dekav Beach, FL 33483 Pediatrician 07/31/2006 Jennifer Ferreri Office: 672-4860 Appt 07/06/04 1820 S. Ocean Blvd #l-H Cell: 707 -6687 Dekav Beach, FL 33483 Financial Analyst 07/31/2006 Debra Kaiser, Chair Home: 599-2894 Appt 07/06/04 684 Lakewoode Circle West Fax: 638-4018 Delrav Beach, FL 33445 Quality Executive 07/31/2006 Suzanne Katz Home: 865-2000 Appt 07/06/04 1765 Satin Leaf Court Dekav Beach, FL 33445 Intervention Specialist 07/31/2006 Harold Van Amem Home: 272-0550 Unexp Appt 12/13/05 733 N. Ocean Blvd. Work: 272-2912 Dekay Beach, FL 33483 Developer 07/31/2006 Peggy Murphy, Vice Chair Home: 638-6859 Appt 07/06/04 4622 Ellwood Drive Office: 243-7922 Dekay Beach, FL 33445 Director Fax: 243-7018 07/31/2007 Susan Sikich Home: 272-0554 Appt 07/05/05 1117 Harbor Drive Cell: 312-505-6810 Dekav Beach, FL 33483 Administrative Assistant 07/31/2007 Home: Unexp Appt Vacant Cell: 07/31/2007 Perry Stokes Home: 243-4856 Unexp Appt 01/03/06 2845 SW 22nd Avenue #108 Cell: 634-0556 Dekay Beach, FL 33445 Educator Office: 638-2100 07/31/2007 Mary McKenna Office: 703-9318 Appt07/19/05 637 Ibis Drive Home: 276-2719 Dekay Beach, FL 33444 Business Advisor Cell: 703-9318 07/31/2007 Marlo Belkin Home: 274-6932 Unexp Appt 01/03/06 21 NE 11 th Street Office: 279-2970 Dekay Beach, FL 33444 Cell: 789-0578 Educator STUDENT MEMBERS (one term limit) 07/31/2007 Logan Perel Home: 272-6292 2 YEAR TERM 325 NW 18th Street Cell: 665-1075 Appt07/05/05 Delray Beach, FL 33444 07/31/2006 Kassandra Engroff Home: 641-6171 lYEARTERM 7073 Catalina Isle Drive Appt 07/19/05 Lake Worth, FL 33467 CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks - City Planner 243-7231 Jeff Perlman Message Page 1 of2 Cobb, Venice From: Meeks, Janet Sent: Monday, February 06,20063:31 PM To: Cobb, Venice Subject: FW: Education Board Please except this e-mail as a resignation for Adam Sorrin from the Education Board. He has had a very difficult time making it this year as a Regular member (not student as you remember). School has kept him very busy! Thanks! -----Original Message----- From: sorrinacs@aol.com (mailto:sorrinacs@aol.com] sent: Monday, February 06,20061:34 AM To: CoyneK@aol.com Subject: Re: Education Board Mrs. Kaiser, . Sorry about not replying to this earlier. I did get this when you sent it, but I needed to think about it a lot. I hadn't realized how much I had missed (a month ago I was sick in bad, actually), but I see your point. This is difficult for me, but I think that you are right. I will miss being a part of the Education Board, but it is not fair to the other members or the Board itself if I cannot be there. Please give everyone my regards, and be sure I will be keeping up with all the Board's activities, wishing for continuing success. -Adam Sorrin -----Original Message-u-- From: CoyneK To: SorrinACS Sent: Wed, 18 Jan 2006 3: 33: 15 PM Eastern Standard Time Subject: Fwd: Education Board Not sure if you received this note- please advise if you receive this note and your thoughts on the Ed Board. Debbie Kaiser 561 499 2894 (P) 561 638 4018 (F) Attached Message From: CoyneK To: SorrinACS Subject: Education Board Date: Wed, 11 Jan 20064:22:13 PM Eastern Standard Time I can only imagine how busy you are with school, band and life in general. I hope your holidays were grand and everyone in your life is well. I have been reviewing our Board records, and you have only been able to attend 2 of our 6 meetings so far this school year. We greatly appreciate your participation last year and do understand the juggling act that must be necessary now that you are Band Captain and the final push is on to graduation. Again, we greatly appreciate your 2/1 0/2006 Message Page 2 of2 participation last year and helping us develop our new Mission and Vision, but perhaps it would be better for you to focus on school matters for the remainder of the year. Let me know what you think. All the best, Debbie Kaiser 561 499 2894 (P) 561 638 4018 (F) 2/1 0/2006 ROf" : C.ER-SHlI V~.'l':t"'J::> l.u~_. 1..: ;};} ~a~ t>1l1~'i33't'/ II. Hll9.04 200/tI7~W <?/L/n CITY OF DELRAY BEACH ECE.\\JE.O. BOARD MEMBER APPLICATIOf( . _ 4 1\l\\S ~\\G '" v c\..a~ crt, . FH:x: 110. : 561:2660746 u n: C U:l<1t OfUU.Y B~Ot ~ );qj1? . 1993 2001 Please: type O~ print tbefollowing information: 1. I...ast Name: Ciqr J.1 . ElIE {'T 3. L:g:d:RcAdence: S Arrie 4. Pmcip&l.Busio.css Address: Cit.y Oty St2.~ Zit' Co&. I. J- ~ome Phone: , ~ 101 ~tb o6ar/ 6_ .ALe you D.. J:;~~ed VOl:e.t.( 'B~iness 'phone: 7. Wb:tt Boud(a) ~ you interest in scrriog? Ploscfut in o.rd~')fpcefe.ri:llce: U /' frJVt/ CVk1rn; e-S . . . '. 8. '. List all Cu:y Boards OQ wb.kh you ue ew:reudy s~g o\' have pEcviously sC[V'ed; (Pbse .indwk ~~) r/ OW ) Educ:ui~ ~c.&1ions; 13 10. Ust:mv .related P%O~owal. ce.ttifiCll.ti<.'Wl aIl9.liccOSCl5 which you. hold: "i'i': Give your present;. or mO$t tecent eaiploye~ and posicion: 12. D~aibe aped~. skills 01' knowledge whi&. qua.Jifr you to =eve ~I.l cbis hcw:d: (ple:uc: 2IUch a bUd'resume) I h<::t~ "". . t ~ tI:e ll.~V tcmcnts .are {CU~ ;rod I agree 1/..O.d nn~Clt\d tWtC?y uUsSCte:l:lleQt <:Jf nlll.~ &.eo: COD.trwl.c:d duo Jp. plic._ =y =- """"'=< .p~ my""" of=y _~ ~ SIGNA ~ .. '" f; )AJ '!-~ . applicatioQ will rcau..in on tile in tb.e Ci.c.y Oe;di;"s Office fOJ: a peaod of 2 y~ from the Ihtc it ~ bmilll:~. Ie'l:lril.l be the applicm6 Lesponsibility to Cnsuic'd).1lt a CUI:reO.t :pp6.ca.ti.Ot1 is <Xl file. . S1011{CLll:IlD.UQ......'-'nuc.<aJOt< . mr . 1993 2001 CITY OF DELRAY BEACH BOARD M&MBER APPLICATION RECEIVED AUG ;....5 2005 K 'l/qffJ , {.0ir~/..J~/ r~cf< DB.RAY B"EACH . .. a ... . . .. ***** 14. infonnation: City 2. 3. Legal Residence: City State Zip Code 5. ~( 6. 7. E-Mail Address: Cell Phone: Fax: 9. O"L) 8. f\J A.J <;;'~oo ~GA..S'l/Ve s, 10. List any relatpl pt9f91ional certificatio~and li....fe ensnsees wh\ch you hold: 'v....e... \oZ .-vV"- S 'I ~ s t (c epJ<:<-e- @- (E~k- ~,v-e('~ . above statements are true, and I agree and understand that any misstatement of material facts on roay '" forfeitu<e upon my P'" of any appoinbnenr I ZS ;:;e. " [); S- c::>~ DATE I ' Note: This application will remain on file in the; City Clerk's Office fora period of 2 years from the date it was submitted It will be the applicant's responsibility to ensme that a current application is on file. S'.a1YaJ!RK\BOARDIAPPUCAnON l' ~ \ t.(? \-~\ e.cl.h\.~ .. . <7 ~o Al \4~ Il.s- ~(4~ ~~ ~ ~\ ~&'{y3 ~ (p I -- G).. 7 (p - (}...(}..D 7 S\4C4.-kcrO _ . 'B.A. I'" .f:=~~IC.:=, - H-c,.~~ \\~) .. N"O'lJ ~...k-~ k.-- IC;~ ~ J\t)\~,v4, <bk~ ~C>>coJ '(\'j~ J N~on..k C.~ (c,~ . JN~(t.k ~\e.t\Jce. !Gi C,S- 1'16~ u"N\QN ~~U,~~oN ~ TfT-')C ~ ~.~ \.S+ 1C;6:,~-/97,- Leueft- ~(1.lZ>~~ - <3~ . TA-)( ~~\ql\~+ /C;7~- (Q<r8' CI~ lNvt.;en:,~~~ fbs'S~Utvu/e<<;I~~<~NfWel~ ()1J. ~~\t~'7 . . '(96,S-/~'i'o Al.vNtn.k~..""",,\G~- . '~\nJl /I,,+t-l1..-c~k~~~- LWts ;.. ~flN~~ S-1(~"'9.ll-e{JrcU\~s-,^,~~~ ~~.h. - . )Leh \ es4te.- I CA.~ 7 v-e..s .) ~ ~ 0:> v'\J . co t\~,..,o m~ 1993 2001 <?dl-"((J~"" /111/1 _ CITY OF DELRAY BEACH REC~r:? BOARD MEMBER APPLICATIOMlv - 1 2005 CITY CLEHK OR..RAY BEACH . .. . << . . ... ***** Name 2. Home Address: . <21 3. Legal Residence: City City ~CL .4. Principal Business Address: City State Zip Code '. 7. .'00 Home Phone: . .Business Phone: Cell Phone: Fax: 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ." 9. 0, a C0 10. List any .related professiorutl. cerci cations a.n~ licenses which you hold: \ ISI .j . that all the above statements are tIDe, and I agree and understand that any misstatement of materiM facts this appli on ma use forfcitut:e upon my part of any appointment I may receive. .' lO[a-~ 10:) DATE f ...iote: This ~plicacion.will.remain o~ file in the.Cio/" .~le.rk>s Offi~e for a period of2 ~~ &~m the date it was . submttted.. It willbe the applicant's .respooslbility to ensure that a current application 15 on file.. SICtlYaJ!ll.l)BO.AJU)W'I'UCATION Jan 12 06 11:38a Sand~ Tobias 5618659555 ~ ,} tCftf(l'o/vr I/!? 6'6 RtiC tVED CITY OF DELRAY BEACH JAN 122006 BOARD MEMBER APPLICAT",," CLERK Ot:UCAY IStACH ~ ;'TP! 1993 2001 information: 3. Name M.L SANDR..A- lJA Ci --?>E:fle./f State Zi Code e oco p/....V IYJ tyJ) E i...RA FL 3~44~ City STate Zip Code City State Zip Code Ooc.a.- -m~ FL 33 ( Cell Phone: Fax: 2- 4. s. Hom.e Phone: S'/.l.:!>9:-3o"O S-I.,/. 5JZ3. S,;uq 6. ALe you a registered voter? :i C;.s. 7. What Board{s) are you interested in serving? Ple3Se list .in ox:del: of preference: 3g/,~IIO -FL- E'D4.CA 7/0 8. List aD City Boards 00 wmch you are cu.o:ently serving OJ:" have p.r:cviously served: (PI<:ase include dates) IV 0 N C ') 9. 11. 10. 12 Describe ~ci.....r('s. skills or ~owledge wbich qualify you to serve on this boaed: €...... ~ I hereby certify that all the above s12temeots are tme, and I agree and undcrstand that :w.y misstatemeat of materi.al. facts c~;. dUs >f'~<fcib= ~ =y _ of =y "!'P"inbn~' I may n=iv~ . SI. NA~ . ~ jO,Cl-l>Q0 Note: ~Ibis application will remain on file in the City Clerk"s Office fos: a period of 2 yeas:s from me date it was submitted. It will be the applicant's s:esponsibility to ensure that a current application is on file. S\CrrYCl.ERKIDOARDIAPPUCATION Jan 12 06 11:38a Sand::! Tobias 5618659555 p.2 4464 Cocoplum Way Delray Beach, FL 33445 H: 561~637.3060 C: 561_573.8209 Email: tobo1234@aol.com Sandra Tobias OBJECTIVE Seeking a position as a member of the Board of Education TEACHING EXPERIENCE Queensborough Community College, CUNY, Bayside, NY Professor Emerita September 1995 to Present Professor September 1984 to June 1995 Associate Professor September 1983 to June 1984 Assistant Professor September 1973 to June 1983 Instructor September 1970 to June 1973 . Teacher of Expository Writing . Member College Committees: Library, Gallery, Perfonning Arts . Member Departmental Committees: Curriculum, English as a Second Language . . Co-Developer and Writer of grant-funded project proposals for Department of Basic Educational Skills . Co-Developer and Writer of grant-funded project proposals for Queensborough Community College . Creator and Administrator of a Computer Language Learning Lab for non- native speakers af English . Co-Author four colleoe level texts aimed at improving readino and writino skills of entry-level, non-native college students, published by MacMillan and Co., Inc.: Discovering American English: Reading; Discovering American English: Writing; Exploring American English: Reading; Exploring American English: Writing . Co-Author nine manuals for use in the College Computer-Based Language Learning Lab . Bayside High School, Bayside, NY Teacher of English September 1966 to February 1, 1969 OTHER The De Falco Real Estate Group, Boca Raton, FL Sales Associate November 2003 to Present With partners, over $15,000.000 in real estate sales in 2005 The Hamlet Country Club, Del ray Beach, FL Secretary, HRA January 2004 to January 2005 Member country club and homeowner assodation committees from 1999 to the present: Membership, Long Range Planning. Fitness, Architectural Review The Baldwin League of Independent Schools, NY, NY Trustee January 1987 - November 1989 250 Tenants'Corporation, 250 West 94 Street, NY, NY President January 1984- December 1984 PS 166 Volunteer Grant Writer West 89 Street, NY, NY September 1977 to June 1979 EOUCA TION St. John's University, New York, NY Ph.D. English Literature, 1982 MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER r;tt/' AGENDA ITEM # q~ - REGULAR MEETING OF FEBRUARY 21. 2006 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD SUBJECT: DATE: FEBRUARY 17.2006 The term for Ms. Greta Britt and Ms. Susan Kay will expire on March 31. 2006. Ms. Britt and Ms. Kay will have served one (1) full term. are eligible and would like to be considered for reappointment. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21. 1997. for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of. own property. own a business or be an officer, director or manager of a business located within the City. and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Greta Britt (Incumbent) Gerald Franciosa (also applying for the De1ray Beach Housing Authority and the Education Board) Susan Kay (Incumbent) Linda Leib A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system. the appointments will be made by Commissioner Ellis (Seat #1) and Commissioner Archer (Seat #2) for two (2) regular members to serve two (2) year terms ending March 31, 2008. Recommend appointment of two (2) regular members to the Nuisance Abatement Board for two (2) year terms ending March 31. 2008. NUISANCE ABATEMENT 02/06 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 03/31/2006 Greta Britt Coordinator Home: 495-1614 Une:xp Alt 02/0t/OS 867 Sunflower Avenue Unexp reg 02/15/05 Delray Beach, FL 33445 Re-aoot 03/15/05 rell 03/31/2007 Philip Friedman Real Estate/ Home: 276-2207 Une:xp Appt 03/01/05 960 Allamanda Drive Financial Aid Re-appt Reg 03/31/05 Dekay Beach, FL 33483 U--- "&-01/17/06 03/31/2007 Kenneth Kaltman Financial Manager Home: 274-6751 Unexp Alt 03/0t/OS 608 N. Swinton Avenue Work: 330-7645 Re-appt03/31/0S reg Dekay Beach, FL 33444 Cell: 870-4859 03/31/2006 Susan Kay, Chair Case Manager Home: 495-7848 Appt 03/11/04 reg 2571 Hampton Circle North Fax: 495-1287 Alt 11/18/03 Delray Beach, FL 33445 03/31/2007 Todd L'Herrou, Vice Chair Web Designer Home: 278-2415 Appt03/31/0S 830 Kokomo Key Lane Work: 272-3200 Delray Beach, FL 33483 POLICE LEGAL ADVISOR Catherine Kozol Work: 243-7822 Secretary: 243-7823 ALTERNATES 03/31/2007 Arline Shennan Manager Home: 278-0858 Une:xp Appt 02/07/06 3185 NW 14th Street Cell: 706-1076 Delray Beach, FL 33445 03/31/2007 Eileen Marks CSR/Banking Home: 266-8494 Appt 04/15/03 371 Coral Trace Lan~ Appt Reg 02/15/05 unexp Delray Beach, FL 33445 Re-aoot Alt 03/31/05 BOARD COUNSEL Steve D. Rubin, Esq Work: (561)391-7992 980 N Federal Highway Fax: (561)347-0828 Suite 434 Boca Raton, FL 33432-2704 Contact: Venice Cobb s/Gty Clerk/Board O4/Nuisance Abatement /- ;.. ft- 01 DB.RAY BEACH ~ AI ~~ 11caClly 'IlIll 1993 2001 CITY OF DELRAY.BEACH BOARD MEMBER APPLICATION RECEIVED JAN 282005 CITY CLERK j<nJ infortrultion: ~. 1. 2. 3. 4. Principal Business Address: 5. Home Phone: Business Phone: All} E-Mail Address: Cell Phone: /J14- Fax: or have previously served: (please include dates) y rdated professional certifications and licenses which you hold: , \ eJo r, Ct I hereby certify that all the above stat ents are tme, and I e and understand that any misstatement of material cts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~o-iL~ &-!Q ~h'(f f)<6;PM5 SIGNATURE TE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CI1YCLERKIBOAIU1\APPUCATION OfUU.Y 11'&\.01 ~ rrifr 1993 2.001 Hug_ 04 200U7l~!;}; <t/ifh CITY OF DELRAY BEACH E.GE.\\JE.O" BOARD MEMBER APPLICATIO~" 4 'l.\}\\'i . ~UG - 'f..,. v C\..e.t\: crt1 . FA:"': 110. : ':.6126607-16 un: CU:lm ~OJ'1 : GER-SHlI t>1l!H3~t'l4 !J-'I' u.;." 'J:J Hi'. .1.,: :J:j t'A,! Pleia.&c typc or. print the following infQI'DJ2Jion: 1. LstName: :M..L ]l E1IE {'T 3. ~ ltesid&Lce: S It-nie 4. P!inc:ipalBusit:tc::ss Address: -/ City City City St2.1le ztr Code I. j- ~oD1e Phone: . (10/ J/(,b 06oY' 6_ ALe. you 11. ~te.red votU" "Business 'Phone: E-M.1ilAd~5; 7. ~ Bou:d(a) ;uc: you inter~t in scr;ricg? Plose list in ~M~ <)~ pc~~ce: U .. irA/I CVlr7rn; Cs " . . " '. 8. Lur aU City Boards oe wb.icll you ~ CW:r~tly s~g O~ have pEc.-.ciously 3er:ved: ~ .indwk daa:s) tv' OW 'J EduC:Lli~ q~.::ation8; 13 10. List:my .related p.rofl!'lzsiowal Ce.ttifica.tioWl lI.D.<;i licctl5Cl\ wW.cb. you hold: 11. Give YOU[ present,. or ~ t<<ea.t eaiployer. and position: 12. D~aibc apetie:lCe$. skills 0& kno"<<liedge whi& qw.JifY' you to =e ~t.l this bOaLd: (Ple:uc :unch ~ bOd" rc:swne) I hcrc:br _"" . t ~ ~e a~v tcmalts .u:e ~t:,. dfld I SAgrtt;. and ~I:lll\d ~c t1f1y missotemeo.t of nlll.~ fu:o; comamol ""' ipplic>U04=y """'" "',""- "P~ my_of =, .~~y ~ :;:z . :pq ~ "eN.< . .", . _ _ . q; application will x~ on61c in tb..e eil]' a~s Offioe fo!:;1. pe1!iod of 2 y~ fi:mn the d2.tc it ~ bmil!re4. It will be the appli=t':; responsibi1ity to Cnsuic-dl.;1.t a cw:ren.t :1Ppli,Clltion is <Xl file.. . ~a.Jl:JUtIlLo.........otUC\.']J()N eb 01 06 12:48p 01/30/06 MON 1i:40 FAX 5612433774 OEUtAY ttACH . ... . .. to . .. CITY CLERK p. 1 I{ll002 bazII ;qjr " 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION -;)b-; db " 4th'l: V~ice Gbb infOaD.2.bon: dE. N St~L M.L..5 Zip Code 33S- Zip Code 3. Lcg:U Resideoce: .:5A-rn ~ .4. Priocipal-Busmess Address: State City StJ.k Zip Code 5. Home Phone: " "Business Pb.one CdlPhoa.c.: S6/- Cj5-1!S48 6. Ate you 2 u:gistcred voter? 7. ~ 8. au hoJ,d:. . . i-L L?~/' Ii tJ.~. --.- :h1.5t1. CODbin~ iit this ..pplicuion m3f caw; -r' ~-/-6to DATE Note: This ~p1iqa.tiol1 will J:eIWUn on file in th.eCiqr Clerk's Office for ~ period of 2 ye:u:s from the date it W2S submitted. It will-be the applicant's tC3poos.ibility to ensuie that ~cun:ent application is on file.. ~UCATlOt' RECEIVED FEB 0 ? 2006 CITY CLERK ROI'I :\<H'I' F'=(><: 110. : ':,61-l951287 Sep. 11 2003 0-l:22P/'1 P3 Susan S. Kay MS, CCM, CDM$ 2571 Hampton Circle North. Delray Beach, FL 33445 Phone: (561)-495-7848 Fax: (561)-495-1287 QualificatlolZS: . Extensive experience in all aspects of diaability/c.aIC management. . Proven talents in sales, customer service, training IlJ1d teaching . One of top 20 llalCla mllllagcnl in national managed care cornplltlY (160 U.S. offices) for 1996. Professional ErpeTlIJ1lce: . 2002-presern.: Medical. vocational CJUe managerl coruultAnt for worker's compensation carriers. . 1999- 2002; Vocational and medical Clllle manager for CorVel Corp. in Coral Springs, FL Cue manager (Of workef' 8 compellBlluon c.arrlerslculiitomers. . 1997-1999 Case Manager, Novaeon. Inc., Maitland., FL Contractual consultant 10 assin InjuredliU workers return to productive lifestyle and work. . 1989-1997 Account Sales Manager, CRA-Managed Care, Inc., Boston., MA Sales and marketing ofltUUUlgod care services lU\d cost containment services to the in~urnnce industry in multiple stlltes. Called on and servi~ worker's compensation camers. auto inaurance carriers. and largo arnf.,msUTcd companies. Gainod knowledge of stale regulations in Florida and New Jersey. Implemented 18l'ge managed care progJ'Ml-' for worker's compensntion across Btato ofFloridn. . 1989-1995 Medical and V oeadonal Cue Man_ger. CRA Mmlged Care. BoaoD, MA Carried calle load offiles of injured workers for worker's compensation carrierll while providing customer service to m&jor carrier accounts 83 market ceprt3eTltative_ . 1987.1989 Client Services Represent.tivet. J.F.lC Medical Cmter, Edison, NJ. Responsibilities included identi.JYing and recruiting appropriate patient cases fOf the reJlllbilitation unit of the hospital. Also promotod the Industrial Walk.in Clinic to nearby companies, IiOld lUld implemented wellness programs, employee physicals, drug screens. etc. to local companies. . 1982-1987 Rehabilitation Consult8J1t. '-f"ncn__o o"",pl00}..ro .n4'7h.1A;no Tntr.~.o.rp.. 'nc:"_JI C~o.rd ","<4 C" . (\r....".......nrul' 4.1'11i111rctfl. R&lo<U.l'\l1r..-""CI TIlllt Work, Inc. Delivered case management lIervicea to injured workers and auto accident victims at the request of tbe Insurance camers. Assisted in their claims resolution in a timoly alld cost effective manner. Marketed these services to the insurance carriers and to large 801f- insured companie!l_ Independent Vocational Expen Witness for Social Security Administration. 1986-1987. . 1972-1984 Brookdale Community College, Lincrofi. NJ. Adjunct Psychology Instructor and Career Services Test AdminislJator. Educatloll: . M.S_ Degree in Vocational Reb.a.bilita1ion. West Virginia. University, WV. . B.S. Degree in Social WorlclVocational Rehabilitation. Penn State University, PA. Credendals: . fL Rehabilitation Provider Licenso #WClOO1260 . Certified Case Manager. #00635 valid lhrough 2003. . Certified Disability Management Specialist, #04076 valid tru-ough 2006. . Cortified Rehabilitation Counselor. #6-1:S0, (past), US Depllftment of Labor, Longshore, Harbor Worker's and Federal Employees Compenution Act. . Vocational ElCpcrt Witnesll for Social Security Administnltion, 1986-1987, Jacksonville, FL Computer Ski/h': . Mic:rolloft. Word, Excel. Power Point, Internet ExP<<iance- mr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION / ~MjIJfJ (l.sl t?li 1JR' DRRAY BEACH 'lO.,OA ***** 2. 3. 1. -- 4. City State Zip Code -. Business Phone: Fax: 9. 11. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con . d in this applic 'on may cause forb' e upon my part of any appointment I may: receive. RECEIVED DEe Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was . submitted. It will be the applicant's respo~lh~ t@lr.6:QKbat a current application is on file. t I. s\CITYCLERKUlOARD\APPUCATION J.l11 I -~ tMf MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER fl1/1 TO: SUBJECT: AGENDA ITEM # q ~ - REGULAR MEETING OF FEBRUARY 21. 2006 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: FEBRUARY 17, 2006 The term for Ms. Nancy Lierle, representative of the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal, expired on January 31, 2006. Ms. Lierle has served two (2) full terms and is not eligible for reappointment. This creates a vacancy for an individual to represent the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal for a two (2) year term endingJanuary 31, 2008. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. The following individual has submitted an application and would like to be considered for appointment: Mark Denkler Vince Canning Shoes A check for code violations and/or municipal liens was conducted. None were found. A check to confirm that he is a registered voter was completed. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for one (1) regular member to serve a two (2) year term ending January 31, 2008. Recommend appointment of one (1) regular member to the Parking Management Advisory Board for a two (2) year term ending January 31, 2008. PARKING MANAGEMENT ADVISORY BOARD 01/06 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31/07 Mark Krall, Chair P&Z Home: 330-0215 Appt 09/09/03 1405 S Federal Hwy #141 Office: 276-7424 Reappt11/22/05 Delray Beach, FL 33483 Fax: 278-6909 Ratified 12/13/05 08/01/06 Ronald Radabaugh Chambers Office: 243-3073 Appt Unexpired term- 976 Banyan Drive Home: 279-9555 03/20/01 Reappt07/02/02 Delray Beach, FL 33444 Fax: 274-4849 Reappt07/2O/04 Email: che&on2@aoLcom 07/01/07 Thomas F.Camey,Jr. CRA Office: 330-8140 Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010 Ratified 08/19/03 Delray Beach, FL 33483 Cell: 330-8233 Reappt 07/28/05 Ratified 09/06/05 09/30/04 WARC Fax: Vacant Cell: Email: 08/01/06 Richard Sheremeta, V-Chair DDA Office: 243-8700 Appt 08/06/02 310 Southeast First Street Home: 265-1576 Reappt07/2O/04 Delray Beach, FL 33483 Email: rs hws(a}bellsouth.net The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 01/31/06 Nancy Lierle Atlantic Avenue Corridor Office: 278-3399 Appt02/19/02 429 East Atlantic Avenue Between Swinton Avenue Home: 272-3323 Reappt 01/06/04 Delray Beach, FL 33483 and Intracoastal Fax: 278-3399 01/31/08 Jeannette Dobson Adantic Avenue Corridor Office: 243-1794 Appt 02/01/05 Unexp 700 W. Adantic Avenue Between Swinton Avenue Home: 637-4074 Reappt01/17/06 Delray Beach, FL 33444 and Interstate 95 Cell: 445-1694 Fax: 637-1675 01/31/08 Jorge Ramos Adantic Avenue and State Office: 789-5668 Appt 01/06/04 34 South Ocean Blvd. Road AIA Corridors and Home: 338-0690 (resumed his term) Delray Beach, FL 33483 lying East of the Email: Reappt01/17/06 Intracoastal Waterway J orge@CaffeLunaRosa.com 01/31/06 (Wilbur) Joe Gillie Old School Square Office: 243-7922 Appt02/19/02 51 North Swinton Avenue Historic Arts District Home: 272-7933 Reappt 01/06/04 Delray Beach, FL 33444 Fax: 243-7018 Email: director{@oldschool.orp" 01/31/07 Melvin Sacharow Citizen-at -Large Office: Appt 01/07/03 2560 Riviera Drive Home: 243-2857 Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863 Email: melsacharow{@iuno.com 01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762 Appt 01/06/04 Unexp 1022 East Adantic Avenue Home: 737-1308 Reappt 01/04/05 Delray Beach, FL 33483 Fax: 265-0816 Email: Troy.D.Wheat@SmithBam ey.com Contact: Scott Aronson - Parking Management Specialist 243-7286 Commission Liaison: Patricia Archer 01/06 TERM EXPIRES 08/31/06 Unexp Appt 12/19/05 Ratified 01/03/06 08/01/06 Appt 07/06/04 07/01/06 Appt 07/06/04 09/30/06 Appt 07/06/04 08/01/06 Appt07/06/04 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS MEMBERS Diane Borchardt 625 Heron Drive Delray Beach, FL 33444 avid Cook 01 Southwest 33m Place oynton Beach, FL 33435 renda Montague 443 S Coral Trace Circle elray Beach, FL 33445 oasalind Murray 138 Via Poinciana #411 ake Worth, FL 33467 erry DonFrancisco o S Ocean Blvd elray Beach, FL 33483 CATEGORY TELEPHONE ffice: 278-0300 ome: 272-0257 ell: 703-7997 Contact Scott Aronson - Parking Management Specialist 243-7286 Commission Liaison: Patricia Archer ome: 272-1196 ffice: 515-6550 ffice: 276-4194 orne: 732-4193 276-4190 ffice: 276-8640 278-3364 361-8284 278-3328 mr 1993 2001 . /~/~ CITY dF DELRAY BEACH, RECEIVED BOARD MEMBER APPLICATIONC DEn 1 2005 CITY CLERK DRRAY BEACH , .. 0 . . 0 A ***** information: ))~ &. -PrTI~'h'c... 4vc. City 'PtJ t~ Cell Phone: M.IW StFL Zit Code J I.( State Zip Code State Zip Code ~ ') ') l(Lr Fax: 1. Name MArK \) e,n 2. Home Address:" .>~f/ 3. Legal Residence: S4.", lL 4. Principal Business Address: !!:. S, 5. Home Phone: Business Phone: E-Mail Address: Z:b<....l-t71fS- z--7b-/'<;;? 0 6. Are you a registered voter? }i If so, where are you registered? L. 7. What Board(s) are you interested in serving? Please list in order of preference: eRA 8. List all City j 9. Educational qualifications: g ".,... 10. List any related professional certifications and licenses which you hold: Dv\r. ~ \ D tJ 0"' ~ %1-> SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on ftle. S\Cl1YCIJ!RK\BOARD\APPI1CATION MARK DENKLER 320 N.W. 9TH STREET DELRA Y BEACH, FL 33444 . .~ EMPLOYMENT Canning Shoes, Inc. ~ President and owner of Vince Canning Shoes at 335 E. Atlantic Ave. since 1994. Third generation operator of retail shoe store started by my grandfather in 1952. Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate Finance Department. Responsible for new loans totaling over $1 Billion as well as managing a total loan portfolio of over $2.1 Billion. Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division. Supervised Credit Analysts in their preparation of credit reviews of the corporate clients. First'City Bank of Houston - Lending Officer in the Corporate Lending Department. Lending officer concentrating on loans and cash management services for national corporate clients of the largest bank in Houston. First City Bancorportation - Audit Supervisor in the Audit Department. Prepared audits of the operations of the bank as well as loan documentation of the Lending Departments. ) COMMUNITY ACTIVITIES National Shoe Retailers Association - Director since 2003. Chairman of the Informational Resources Committee and member of the Finance Committee as well as advisor to the formation of the Independent Footwear Buyers Alliance. Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04 First Pr.esbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance Committee since 1999 and Chairman 2001-2003. DeIray Merchant's and Business Association - Board Director from 1995-2004. , Chairman 2000-2002. Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for Small Businessman of the Year in 2001 City of Delray Beach - Member of Visions 2005 Committee and Member of two Commissioner's Visionary workshops Leadership Delray Beach - Graduate of Class of 2000 \ , ~ EDUCATION University of Texas at Austin, BBA - Finance MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGERt71 AGENDA ITEM # \ oA - REGULAR MEETING OF FEBRUARY 21,2006 ORDINANCE NO. 7-06 FROM: SUBJECT: DATE: FEBRUARY 17, 2006 This Ordinance is before Commission for second reading and quasi-judicial hearing for a privately initiated rezoning from SAD (Special Activities District) Waterford Place/Delint to RM (Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments), located approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard. The subject property totals 25.19 acres, includes all of the plat of Waterford Village, and is presendy zoned SAD with an underlying Future Land Use Map (FLUM) designation of MD. The property is owned by Waterford Village Developers, LLC. The rezoning request is being sought as it is more consistent given the FLUM designation of MD and the existing residential uses on the property. Accompanying this request is a concurrent Class IV Site Plan Modification to construct 48 additional three-story townhome units and convert the existing residential apartment rental units into condominiums for sale. The additional 48 units would increase the density of the project from 9.36 dwelling units per acre to 11.27 dwelling units per acre. A maximum density of 12 units per acre is allowed under the proposed RM District. On January 23, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. The Board voted 7-0 to recommend to the City Commission that the rezoning request be approved. Staff recommends approval based upon the findings of fact and law contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets the criteria set forth in the Land Development Regulations (LOR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning Findings). At the first reading on February 7,2006, the City Commission passed Ordinance No. 7-06. Recommend approval of Ordinance No. 7-06 on second and final reading. S:\City Clerk\agenda memos\Ord 7-06 Bahia Dekay Rezoning 022106 of; ~ FROM: DAV~D~D~' ITY MANAGER PAuTtcmLlNG, 01 ~TOR OF P~NG. AND ZONING JAMES G. CAIN, S NIOR PLANNEY~!)f ~ MEETING OF FEBRUARY 7,2006 PRIVATELY-INITIATED REZONING FROM SAD (SPECIAL ACTIVITY DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR BAHIA DELRAY LOCATED AT 995 CRYSTAL WAY, 2100 FEET TO THE SOUTH OF LINTON BOULEVARD) TO: THRU: SUBJECT: The subject property totals 25.19 acres and includes all of the plat of Waterford Village, as recorded in Plat Book 61, Page 80, of the public records of Palm Beach County. The property is presently zoned SAD with an underlying FLUM designation of MD (Medium Density Residential 5- 12 dwelling units/acre). The subject property is owned by Waterford Village Developers, LLC. The rezoning request is being sought as it is more consistent given the Future Land Use Map designation of MD and the existing residential uses on the property. Accompanying this request is a concurrent Class IV Site Plan Modification to construct 48 additional three-story townhome units and convert the existing residential apartment rental units into condominiums for sale. The additional 48 units would increase the density of the project from 9.36 to 11.27 dwelling units per acre. A maximum density of 12 units per acre is allowed under the proposed RM District. The Planning & Zoning Board considered this request at the January 23, 2006 meeting. A public hearing was held and no one from the public spoke on this item. The Board voted unanimously 7- o to recommend approval of the rezoning request to the City Commission, by adopting the findings of fact and law contained in the staff report, and a finding that the request was consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Approve the rezoning request (Ordinance No 7-06) from SAD to RM, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of January 23, 2006 I~t {)j( v1V1 ORDINANCE NO 7-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTNITIES DISTRICT) W ATERFORD PLACE/ DELINT TO RM (MEDruM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, ON THE WEST SIDE OF DOTTEREL ROAD, BETWEEN 1-95 AND LINDELL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned SAD (Special Activities District) Waterford Place/ Delint; and WHEREAS, at its meeting of January 23,2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to o to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Medium Density Residential (RM) District for the following described property: All of the Plat of Waterford Village, according to the plat thereof as recorded in Plat Book 61, Pages 80 through 82, of the public records of Palm Beach County, Florida, less the road right- of-way dedication for Audubon Boulevard. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision ofthis 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 6. 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 , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 7-06 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- January 23, 2006 III-B. Rezoning from SAD (Special Activities District) to RM (Medium Density Residential) for Bahia Delray, a 25.19 acre parcel. The subject property is located at 995 Crystal Way which is bounded on the south side by the intersection of Audubon Boulevard and Dotterel Road and on the northeast side by the intersection of Lindell Boulevard and Egret Circle. This is approximately 2100 feet south of Linton Boulevard (Quasi- Judicial Hearing). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant......................... Waterford Village Developers, LLC. Location...................................... 995 Crystal Way, (Approximately 2100 feet south of Linton Boulevard) Property Size.............................. 25.19 Acres Future Land Use Map................ MD (Medium Density 5-12 du/ac) Current Zoning............................ SAD (Special Activities District) Proposed Zoning........................ RM (Medium Density Residential) Adjacent Zoning................North: SAD East: RM South: R-1-AA, R-M West: A, SAD Existing Land Use...................... Multi-Family Apartments (2-story) Proposed Land Use.................... 48 Townhomes (3-story) Water Service............................. Existing 8" water main within the Waterford Village Subdivision. Sewer Service............................. Existing 8" Sewer line within the Waterford Village Subdivision. ~ I i. N - f\ II111I1I11II111 \ 1111111111 "-> """" <Me I I I I I I I I I I I I I I I I I II I CANAL C-15 ITEM BEFORE THE BOARD I The action before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from Special Activities District (SAD) to Medium Density Residential (RM) for Bahia Delray, a 25.19 acres parcel. The subject property is located at 995 Crystal Way which is bounded on the south side by the intersection of Audubon Boulevard and Dotterel Road and on the northeast side by the intersection of Lindell Boulevard and Egret Circle. This is approximately 2100 feet south of Linton Boulevard. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. BACKGROUND I The subject property totals 25.19 acres and includes all of the plat of Waterford Village, according to the plat thereof, as recorded in Plat Book 61, Page 80, of the public records of Palm Beach County. The property is presently zoned as SAD with an underlying FLUM designation of MD (Medium Density residential 5-12 dwelling units/acre). There have been several important events connected to the history of this property. In 1984, a rezoning from PRD-4 to Special Activities District (SAD) was approved by Ordinance 79-84 for the 86.42 acres tract. The subsequent Waterford/Delint DRI-DO (Development of Regional Impact- Development Order) was approved by Resolution 49-85 on May 28, 1985. The original approval contained 811,763 sq. ft. of office space, a 250 room hotel, and 236 multi-family units. The Waterford Village Apartment complex was the initial residential component constructed in 1988 and consists of 236 multiple family units within 17 buildings (including the clubhouse and recreation buildings). The apartment complex is located on 21 acres along the south side of the SAD with access provided via a roadway connection (Crystal Way) to Lindell Boulevard. In May of 1996, the SAD/DRI-DO was modified to replace the approved 322,413 square feet of office space with 300 residential units and a seventy-eight (78) room hotel. These actions were taken via Ordinance No. 11-96 and Resolution No. 37-96. On September 3, 1997, the Site Plan Review and Appearance Board (SPRAB) approved, with conditions, the site plan for Carriage Homes of Waterford Park (Alta Meadows), a 300-unit apartment complex consisting of 587 parking spaces, and associated landscaping on 31.56 acres. (This site is adjacent to the north of the subject property). On January 20, 1998, the City Commission approved Ordinance No. 1-98, and Resolution 6-98, which dissolved the Waterford Place/Delint Development of Regional Impact (DRI). However, while eliminating the DRI, Ordinance No. 1-98 incorporated many of the conditions of the DRI Development Order. In 2000, a Comprehensive Plan Amendment (CPA) was approved to change the Future Land Use Map to the north of the subject property from MD (Medium Density Residential) to TRN (Transitional). The CPA had a condition of approval to construct a hotel for the property north of the residential component and south of the Home Depot. In 2001, this condition of approval for the CPA was removed. PROJECT DESCRIPTION I The subject property is owned by Waterford Village Developers, LLC. The applicant has submitted a rezoning request from SAD to RM to the Planning & Zoning Department and is requesting the Board make a recommendation to the City Commission. They have stated that the RM Zoning is more Planning and Zoning Board Staff Report Bahia Delray - Rezoning from SAD to RM Page 2 consistent with the Future Land Use designation of MD and with the existing residential uses on the property. They have also submitted a concurrent Class IV Site Plan Modification in order to construct 48 additional three-story townhome units and have proposed upgrades to reconfigure and convert the existing residential apartment rental units into condominiums for sale. ANALYSIS I REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed zoning designation of Medium Density Residential (RM) is consistent with the existing Medium Density Residential (MD) FLUM designation. Multiple-family townhouse developments are allowed under RM zoning district as a permitted use at a base density of six (6) units per acre. A density increase up to 12 units per acre is allowed only if the development proposal can demonstrate substantial compliance with the performance standards listed in LDR Section 4.4.6(1). Based on the above, positive findings can be made with respect to FLUM consistency. Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI- GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposal involves amending the zoning designations from SAD to RM on a parcel which totals approximately 25.19 acres. The proposed rezoning will result in an increased impact on adopted concurrency, as the proposed density increases from 9.36 to 11.27 dwelling units per acre with the addition of 48 townhomes. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic, and Water and Sewer are discussed below: Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed rezoning, a density increase from 9.36 to 11.27 du/ac constituting 48 new dwelling units requires an additional park impact fee of $24,000. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and the receipt of a written finding of approval from the School District will be required with site plan approval. Solid Waste: The subject property now has 236 residential units and is proposed to increase to 284 with the addition of the 48 new townhome units. Based on a waste generation rate of 1.99 tons per Planning and Zoning Board Staff Report Bahia Delray - Rezoning from SAD to RM Page 3 year for apartment and town home units, the subject properties will generate an additional 95.52 tons of solid waste per year which results in a combined total of 565.16 tons of solid waste per year. The increase of 16.6% will require a solid waste collection fee of $168.96 (48 units x $3.52 per unit). Traffic: According to the provided traffic study, the proposed zoning designation and addition of 48 town home units will generate 29 A.M. and 33 P.M. peak hour trips with a total of 336 daily trips. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan approval. If the proposal meets traffic concurrency standards, a positive finding with respect to traffic concurrency can be made. Water and Sewer: Water service can be provided to the site through an existing 8" water main within the Waterford Village Subdivision which is located along Crystal Way and from a 10" water line along Lindell Boulevard. There are also several existing 6" sewer lines all throughout the subdivision which can service the new residential units. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City's build-out population. The proposed rezoning will increase the demand on these public services and a stormwater assessment fee of $2592 ($54 per unit) will be required. A positive finding with respect to this level of service standard can be made subject to meeting all Fire Department and Engineering technical comments related to water and sewer lines and fire hydrants. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics with the subject property. Infill development of the property to increase the density of residential, based upon the proposed zoning, is compatible with the adjacent land uses, which consist of medium density residential to the north, east, and southeast; low density residential to the south, and open space to the west. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed addition of 48 new town home units and condo conversion upgrades of the existing Waterford Village Apartments into Bahia Delray will have a positive effect on other neighboring residential properties as the quality of development will be improved and have a positive effect on neighboring residential properties. Compliance--Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Planning and Zoning Board Staff Report Bahia Delray - Rezoning from SAD to RM Page 4 Future development of the subject parcels will be in accordance with the City's Land Development Regulations. During the site plan review process, the development proposal will be reviewed for compliance with the LDR to meet all applicable minimum lot area and lot dimensions requirements for the RM zoning district (LDR-Section 4.3.4(K) as well as the specific requirements for Townhouses and Townhouse Types of Development under LDR-Section 4.3.3(0). ZONING ANALYSIS ~ STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LOR Section 2.4.5(0) (5) - Rezonina Findinas: Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has indicated in their statement of the reasons for the rezoning that they fulfill two out of three reasons (b and c) for a positive rezoning finding. The following is an excerpt from the applicant's justification statement: (b) 'The current SAD zoning was established to accommodate a mixed use project which in its original conception was known as the Waterford DRI. Over the years, the DRI has actually been dissolved since the actual development that has evolved no longer meets the various thresholds. In addition, there is very little integration of the uses in the project. For instance, the Bahia Delray project does not physically connect with the rest of the parcels in the original DRI and there is no integration or sharing of amenities. " "These changed circumstances would seem to make the SAD zoning which is designated to accommodate large mixed use projects less appropriate than when the Waterford DRI was initially planned. Alternatively, the RM district would seem to be very appropriate in that the Bahia Delray Project is a medium density residential project which meets the standards of that district. " "It should also, be noted that the SAD zoning currently applicable to site requires that the RM development standards be used as a guide to design. Thus, the effect of any re- zoning of the property to RM would simply be to make the district classification consistent with the applicable development standards. " (c) "The Bahia Delray site is within an MD (Medium Density Residential) classification on the City's Comprehensive Plan. This district allows the RM zoning classification and this designation would clearly be appropriate for the site." Planning and Zoning Board Staff Report Bahia Delray - Rezoning from SAD to RM Page 5 According to the applicant, the basis for which the rezoning is being sought most closely relates to reasons (b) and (c). If consideration is given to modify the zoning designation to RM, then it will more closely match the MD (Medium Density) future land use classification of the site. It is noted that the applicant has indicated they will provide 44% landscaped open space which exceeds the minimum requirement of 25%. In research of the land use history of the overall site, staff does note that there was a condition in the Waterford Place SAD which limited the total number of residential units to 536. Of note is that the property as currently zoned has reached its limit in the number of housing units (Waterford Village-236 units, Alta Meadows-300 units) which are allowed in the SAD. Thus, another reason for the rezoning request becomes apparent but was not stated by the applicant. LOR Section 3.2.2: Standards B, C and E are not applicable. The applicable performance standard of LOR Section 3.2.2 is as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. [Amd. Ord. 13.99 3/16/99] Although this area is identified as "stable" in the Comprehensive Plan's Residential Categorization Map this project proposes developing additional residential units within a 25.19 acre lot which already has residential development in place. The existing development patterns on and around the site are predominantly medium density residential and is reflected by the adjacent RM zoning to the southeast and east of the subject property with Audubon Boulevard clearly serving as the dividing line between medium and lower density residential with R-1-AA zoning (Bass Creek) to the south of Audubon Boulevard. (0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. For the overall area designated as the Waterford Place SAD the development trend is toward further residential development (due to the removal of the DRI designation and shrinking amount of property zoned as SAD). There still could be a need to provide landscaping buffers towards the northern portion of the Waterford Place SAD (e.g.-Alta Meadows Subdivision) based on the adjoining locations of commercial retail development (Home Depot, Target) in the area. As mentioned previously Audubon Boulevard is a clear dividing line between the medium density residential represented on the subject property and the adjoining properties to the immediate east and north and the Low Density Residential (R-1-AA) to the south. This is also the case to the south and east of the intersections of Dotterel Road and Lindell Boulevard which are also low density and zoned as R-1-AA. To the west a significant man-made barrier in the form of 1-95 is present but with a small Agricultural Zoned area with open space future land use providing the residential development a buffer from the interstate. Thus the rezoning request for the immediate subject property should be compatible with the surrounding areas and positive findings with regard to LDR Section 3.2.2(D) can be made. The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board Staff Report Bahia Delray - Rezoning from SAD to RM Page 6 o Tropic Palms Homeowners Association o Delray Racquet Club o Presidents Council o Progressive Residents of Delray (PROD) o Neighborhood Advisory Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The rezoning request will provide for compatible multi-family uses that will enhance the residential character of the neighborhood and reduce the negative impacts associated with non-residential vehicular traffic on local residential streets. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. ALTERNATIVE ACTIONS I A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for Bahia Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for Bahia Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMMENDATION I Move a recommendation of approval to the City Commission for the privately sponsored request for rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for Bahia Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Zoning Map Future Land Use Map Survey Prepared by: James G. Cain, AICP Senior Planner ~ C D MAROONE DODGE: SOU THRIDGE: \lJLLAGE: CONDO ., ARBORS OmCE PARK " ARBORS ~ OFFICE PARK ARBORS OFFICE: PARK I POC ~-i-c, f}:.<:J "t' HARDRIVES CANAL C\JRt.EW PCC OS UI DELRA Y UI OAKS ..... Ill: PRESERVE 0 Z CORPORA TE 0 TECH 0 < CENTER z U < Iji MIC S u ~ ST. S. W. 29TH CT. Ii. VEHICLE ~ INSPECnON g BLDG. iE 0 SUN- '" S.'Il. SENnNEL N - ZONING DISTRICT MAP FOR BAHIA DELRAY CITY OF OELRAY BEACH, FL PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM9Dl ~ ~ ARBORS ~ OmCE PARK ARBORS OFFICE PARK LANG MNGT. BLDG. i IIIiiiiii TRN I',f-" ~.'f HARDRIVES CANAL " (,) . ~ s-c ~ UI DELRAY UI OAKS "" II:: PRESERVE 0 t Z CORPORA TE 0 TECH -< CENTER 0 z 0 -< u S.W. 29TH ST. S s. W. 29TH CT. ~ z VEHICLE ~ INSPECnDN BLDG. F ~ SUN- S."'. $EN nNEL N - CITY OF DELRA Y BEACH, Fl PLANNING ole ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAROONE FORD '" o '" u -< :J ~ "' MARODNE SOUTHRIDGE DODGE \lLLAGE CDNDO TRN ~ ~ ~ ~ ~ ~ ~ '1 ~ z ~ ~ CAN A L C-15 FUTURE LAND USE MAP FOR BAHIA DELRAY MAP REF: LM901 ~ II I . II r I . . q II r ~ I ! II I ~ i t n p , m'l ~ ~ " . ...." on . Ii! I) 5) J. ~I !I II I, !~ II ~J 51 ~I :Z 111; Q ~f t: II 5 HI. ~ :l!1 'h-ltI t~ ~1 · h~~ 11 (hIIUSI IIHll~it!i' I'll ~~!U!~lif!tdllf If~ld!htllld III I ,- I. I I S .nItUt41'J .11 ~.; '" fI" )11 ~I' i ~~ H)!f,i'IH !I!th '41 if II: 11111 1l1..L" I IllFlijl.lflul ~~ I! .~!Uf! [!fll ~~ 1:I!U~J1Wlh.i -:f~~ .Jlh':1f"h~111 I) Jh!~tli~tl!iliIJh hl~i II ifll I. ~ U.iHi!iJllit!;111 "f~h~~h'f llr i I ilmfHhlhIihI ... ~ i;t "' % -4 $ -:z.. "" 8- il ~~j\l -jC~ ~~~ " ~O> zl ___lL" CXI wu' U m <>:z'" ~~~ z"- --'~ 1 ~ :i! I f <:lii ~CD:Z ia:zr <r":ui3:J: 0> ~)> ii'~I'F ~~~~ ~~~o l!:~:< i~~~ ~~:~ I; ::s ~ z p ~ $r- r ~~~ E~~ "'0'" ~~: ~~ hi Rl~ 1'.... 1.5 :11 c;. ,: H _ ! tD c -5 h .. " "0 '", !~ F Ul en :I: a N Ii: '" 1 s: i f ~~ I v:m: Z I ilhr ~:~~ o>~> ~~~F ~~~~ ~~~c ~~~~ 1""'~ :::0 ~ z ~ ~"Q~~~ ~"d ~6~ o _ m 'm . .... . '" , --::;z$r- h &i~ N 02'09'50' W ---- \ --- ----- ----- ------ .' ~~ I I' i I Ii ~I '1'1 " I, i i , I.-Jo> II II I 'II I! II I , , z , ca8, ! ~8 ~g: j ~ I: 1 ~ i: I: I' , , , , t ,t It I I' r -::oz~ ~g~ u () ~~~ IZ... "'M ~'" ~ -0 ~g- ,-,0 -:;r o ." '" <,.~ '\"'" o z w Cl W ...J a: o ...J o U ;.; CI 4 ~~ . f~ ~ :;:: ~ ~ ~ E , - ~ . ~ ~ ~. ~ , i ,..:l ~ .. ~;.. . i ~1i ... i ..;j ~ l' ~ T "". , i:J , -" f ~ f ~ ., ~~ . . ~ ~ ~ , ~;~ , ; ", I = r ;~ 2: Ii. Ii ~~ -~ ~! .~ h H i I~ d ~; f H~ . , II. ..I.ili .:.:.c-- ,. .. . . z o t-t ~ > W -1 W ..... Z o ex: LL REv:<StONS BY ~.)(. ARCHITECTS PLANNERS ~l~) ~\\' noeA It..\. T(),\ Rt \'n . !-;UlfE ~ . J~)e,.\ itA tnN, fl, .11..01 . at S111.)?2.lil-U . F.\X 541.l9~-Wt~ . "'",,,., S,t._"m.1VAlOOtfCT'5CO\1' ~ ~ < 0 a: ~ 0 ...J ~ u. ::i 0 () < W < 00 > ~ < ~ a: ...J < W 0 ~ ItoIlJIA lEalTtATlOK'."-" MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER tJJ'\/'1 AGENDA ITEM # \ ~ ~ - REGULAR MEETING OF FEBRUARY 21,2006 ORDINANCE NO. 9-06 (AMENDING CHAPTER 102. "STREETS AND SIDEWALKS") TO: SUBJECT: DATE: FEBRUARY 17, 2006 This ordinance is before Commission for second reading and public hearing to amend Chapter 102, "Streets and Sidewalks", of the Code of Ordinances by enacting Section 102.43, "Standards for Newsracks and Modular Newsracks, including Maintenance, Installation, and Locations", to provide additional standards for the safe and secure installation of newsracks throughout the City. At the first reading on February 7, 2006, the Commission passed Ordinance No. 9-06. Recommend approval of Ordinance No. 9-06 on second and final reading. S:\City Clerk\agenda memos Ord 9-06 Newsrack Installation 022106 . ' O!\ .....c<(1 [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE ::'00 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561 /2ci3-70l)() . FACSI\lILE: 561/278-4755 DElRAY BEACH F lOR I P A lalb:III All-America City , III I! DATE: Writer's Direct Line: 561/243-7090 MEMORANDUM January 13, 2006 1993 2001 TO: City Commission David T. Harden, City Manager /fOb FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance Reaardina Safe and Secure Installation of Newsracks The attached Ordinance No. 9-06 on newsracks proposes changes to our current ordinance in order to provide for the safe and secure installation of newsracks throughout the City of Delray Beach. Please place this item on the February 7, 2006 City Commission agenda' for consideration. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk Rich Bauer, Code Enforcement Administrator J~ ORDINANCE NO. 9-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH BY AMENDING CHAPTER 102, "STREETS AND SIDEWALKS", SECTION 102.43, "STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS", TO PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND SECURE INSTALLATION OF NEWSRACKS THROUGHOUT THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish regulations for the safe and secure installation of newsracks within the City in order to ensure that they will withstand severe weather conditions such as hurricanes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 102.43, "Standards for Newsracks and Modular Newsracks, Including Maintenance, Installation and Locations", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Sec. 1 02.43. STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING MAINTENANCE, INSTAllATION AND lOCATIONS. Any newsrack or modular newsrack which in whole or in part rests upon, in or over any public property or right-of-way located within the City shall comply with the following standards: (A) Newsrack Specifications. A newsrack shall not exceed four (4) feet, six (6) inches in height (including the pedestal, if any), forty (40) inches in width, or twenty-four (24) inches in depth. (B) Modular Newsrack Specifications. A modular newsrack shall not exceed four (4) feet, six (6) inches in height (including the pedestal, if any) and twenty-four (24) inches in depth. A modular newsrack's width shall not exceed the width of the concrete pad. (C) Rectangular Shape. Modular newsrack modules shall be arranged so as to provide an overall square or rectangular shape to the entire modular newsrack. (0) Advertising Restrictions. Newsracks and modular newsracks shall carry no advertising except for the name of the publication being distributed, and a cardholder kept in a neat and untorn condition describing the publication being distributed. (E) Coin Returns. Coin-operated newsracks and coin-operated modular newsracks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the news rack is inoperable. At all times, the coin return mechanism shall be maintained in good working order. (F) Label Required. Each controlling entity shall permanently affix to its modular newsracks and newsracks a label which states a 24-hour, operable telephone number of a working telephone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face the name and address of the controlling entity to give the notices provided for in this Chapter. (G) Modular Newsrack Locations. (1) In the following locations, individual newsracks are prohibited. Modular newsracks may only be placed on concrete pads which will be constructed by the City in the following areas. (a) Within the downtown area. 1. East Atlantic Avenue east of the FEC Railroad tracks adjacent to the parking lot on the west side of S.E. 3rd Avenue. 2. On the east side of the building located at the southwest comer of southbound Federal Highway and Atlantic Avenue. 3. The Municipal Tennis Center, in close proximity to the clubhouse building. 4. In front of City Hall on N.W. 1st Avenue. 5. At the Gleason Bath House at Atlantic Avenue and South Ocean Boulevard. 2 ORC. NO. 9-06 6. Adjacent to the building located at 40 South Ocean Boulevard. (b) Within the North Federal Highway Redevelopment Area. (c) Within the West Atlantic Avenue Redevelopment Area. (d) A modular newsrack may be placed on the west side of South Ocean Boulevard approximately one thousand (1,000) feet south of Linton Boulevard (2) The color of the modular newsracks shall have gloss black bases and forest green sides and doors. A color sample is available in the Community Improvement Department. (H) Maintenance and Repair. The controlling entity shall maintain each movable fixture in a neat and clean condition, and in good repair at all times. Each movable fixture shall be maintained so that: (1) It is free of graffiti. (2) It is reasonably free of dirt and grease. (3) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof. (4) It is reasonably free of rust and corrosion in the visible metal areas thereon. (5) The clear plastic or glass parts thereon, if any, through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes, and discoloration. (6) The paper or cardboard parts or inserts thereof are reasonably free of tears, and are not peeling or tearing. (7) The structural parts are not broken or unduly misshapen. (8) The surrounding area upon which the newsrack or modular newsrack is placed will also be maintained in a neat and orderly condition. (I) Advertising on Benches Prohibited. The use of a bench for advertising purposes is strictly prohibited. 3 ORC. NO. 9-06 (J) Safe and Secure Installation. Any news rack or modular newsrack being installed, placed or maintained on a Public Right-of-Way, street or sidewalk or other public property shall be installed in a safe and secure manner so as to prevent the news rack or the modular newsrack from being stolen or becoming a hazard in severe weather. At any time, the total weight of the newsrack, or modular newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds. A modular newsrack must be secured to a concrete pad. (1) The followina standards shall be aoolicable to the mountina of non- modular newsracks in this City: (a) Foundation four inch minimum concrete. twenty-five hundred (2500) osi. (twentv-eight-clav strenath)' Class I. (b) Two-inch minimum concrete edae distance for bolts. (c) One half-inch chamfer all concrete edaes. (d) Three-eiahts-inch diameter hot-cliooed aalvanized hex bolt mounts. three-inch minimum imbedment. threads down. throuah four (4) corners of the oedestal base. (e) All bolts to ao throuah a ore-clrilled closed hole. (K) Hurricane Warnings. In the event of the issuance of a hurricane warning by any entity with jurisdiction to issue such a warning, the newsrack shall be secured to the ground or placed in such a manner so that the newsrack is parallel to the ground. (L) Recovery and Collection. The controlling entity of a modular newsrack or newsrack shall not recover or collect, from entities placing for distribution publications in a newsrack or modular newsrack, payments in excess of the actual cost of the newsrack or modular newsrack, and the actual reasonable costs for maintenance. The cost of the modular newsrack may be prorated in proportion to the size of the individual module in a modular newsrack. The cost of a modular newsrack or newsrack may be paid over a thirty-six-month period, or less, in equal monthly installments. The annual maintenance costs may also be paid in equal monthly installments. In no event, however, shall a controlling entity collect payments over the actual costs referred to above, once recaptured. The controlling entity shall file a document with the Code Enforcement Administrator illustrating the monthly cost computations. (M) Uniformity, Compatibility of Style. The City may order the removal of modular newsracks from Public Rights-of-Way and City property in order to serve as a controlling entity of modular newsracks to ensure uniformity and compatibility of style. 4 ORO. NO. 9-06 (N) Placement on Concrete PafI Slab. Modular newsracks shall not be placed on the concrete f*IG slab in a manner to obstruct other modular newsracks on the same concrete f*IG slab nor may they extend beyond the concrete f*IG slab. (0) Movable Fixtures. Movable fixtures shall be installed and maintained by the controlling entity or their agent or designee in conformity with existing City Ordinances. Any movable fixture found to be in violation of the City Ordinances is subject to the enforcement provision of Section 102.47 and subject to abandonment where indicated by Section 102.46. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2006. ATTEST: City Clerk MAYOR First Reading Second Reading 5 ORC. NO. 9-06 MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER C111. AGENDA ITEM # \ oE - REGULAR MEETING OF FEBRUARY 21.2006 ORDINANCE NO. 10-06 (AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES") SUBJECT: DATE: FEBRUARY 17, 2006 This ordinance is before Commission for second reading and public hearing to amend Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the' Code of Ordinances, by updating the references to the Florida Building Code and National Fire Protection Association Codes and providing a procedure for affected individuals to challenge the City's local amendment provisions. At the first reading on February 7, 2006, the Commission passed Ordinance No. 10-06. Recommend approval of Ordinance No. 10-06 on second and final reading. S:\City Clerk\agenda memos Ord 10-06 Fire Codes 022106 OJ( t1l1 Writer's Direct Line: 561/243-7090 MEMORANDUM DATE: January 24, 2006 TO: David T. Harden, City Manager City Commission FROM: Terrill Barton, Assistant City Attorney SUBJECT: Revised Ordinance ReQardinQ the Fire Prevention Code Attached please find an ordinance amending Chapter 96, "Fire Safety and Emergency Services" of the Code of Ordinances. The proposed changes comport with state law which requires that the City adopt the state's uniform guidelines for fire prevention. The state statutes require that any local amendments to these uniform state standards must be adopted by ordinance following a public hearing which has been advertised in a newspaper of general circulation at least ten (10) days in advance. It further provides that all local governments which adopt amendments must provide a means for each substantially affected individual to challenge the local amendments by appeal within forty-five (45) days of request in order to determine whether or not local conditions require stricter standards and/or whether or not our local amendments are discriminatory as to materials, products or construction techniques. See, Section 633.025(4), Fla. Stat. (2005). The decision of the City Commission may then be appealed to the State Department of Financial Services in accordance with Section 633.025(4)(d), Fla. Stat. and the decision of the Department of Financial Services shall be subject to judicial review in accordance with Section 120.68, Fla. Stat. Please place the attached ordinance on the next available City Commission agenda and let me know if you have any questions. Thank you. TCB:smk Attachments cc: Chevelle Nubin, City Clerk Kerry Koen, Fire Chief Bill Adams, Assistant Fire Chief I~ ORDINANCE NO. 10-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY UPDATING THE REFERENCES TO THE FLORIDA BUILDING CODE AND TO CERTAIN NATIONAL FIRE PROTECTION ASSOCIATION CODES; ENACTING A NEW SECTION 96.17, "APPEALS", TO PROVIDE A PROCEDURE FOR AFFECTED INDIVIDUALS TO CHALLENGE THE CITY'S LOCAL AMENDMENT PROVISIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City follows certain National Fire Protection Association codes in relation to minimum fire safety standards and the Florida Fire Prevention Code; and WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety standard and code to be adopted by all local governments; and WHEREAS, the City Commission wishes to modify certain portions of its code to provide greater, more stringent safety standards for the public; and WHEREAS, the City Commission deems it to be in the public interest to adopt State Law, as it may be amended, as well as other amendments to the Fire Prevention Code as it relates to minimum fire safety standards and the Florida Fire Prevention Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The city adopts by reference and incorporates into this Code as though fully set out herein, that certain code, as it may from time to time be amended, known as the Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2001) (2004), and the incorporated standards. (B) The city adopts by reference and incorporates into this Code, as though fully set out herein, those specific codes and standards, from the Florida Fire Prevention code, Chapter 36 of the Florida Building Code (2001) (2004). In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire Protection Association codes listed below and as they may be amended: NFPA 18 49Qa 2006 Wettino Aoents NFPA 22 -1-998 2003 Water Tanks for Private Fire Protection NFPA 50 2001 Bulk Oxygen Systems at Consumer Sites NFPA 50A 1999 Gaseous Hydrogen Systems at Consumer Sites NFPA 53 4999 2004 Oxygen-Enriched AtmosDheres NFPA 92B ~ 2005 Smoke Management Systems in Malls, Atria, Laroe Areas NFPA 101B 4999 2002 Means of Eoress NFPA 102 49Qa 1995 Assembly Seating, Tents, and Membrane Structures NFPA 105 4999 2003 Smoke Control Door Assemblies NFPA 115 4999 2003 Laser Fire Protection NFPA 140 4999 2004 Motion Picture and TV Production Facilities NFPA 160 ~ 2006 Flame Effects Before an Audience NFPA 170 4999 2006 Fire SafetV Symbols NFPA 203 2000 Roof Coverings and Roof Deck Construction NFPA 204 -1-998 2002 Smoke and Heat Ventina NFPA 258 2001 Research Test Method for Determining Smoke Generation of Solid Materials NFPA 287 2001 Flammability of Materials in Clean rooms NFPA 302 4-99i 2004 Pleasure and Commercial Motor Craft 2 ORD. NO. 10-06 NFPA 306 ~ 2003 Control of Gas Hazards on Vessels NFPA 326 4999 2005 Safeguarding Tanks and Containers NFPA 408 4999 2004 Aircraft Hand Portable Fire Extinauishers NFPA 423 4999 2004 Construction and Protection of Aircraft Engine Test Facilities NFPA 496 4-998 2003 Purged and Pressurized Enclosures for Electrical Eauioment NFPA 502 4-998 2004 Road Tunnels, Bridges, and Limited Access Hiahwavs NFPA 513 1998 Motor Freight Terminals NFPA 560 :t.9Q9 2002 Ethylene Oxide for Sterilization and Fumigation, Storage. Handling, and use of NFPA 601 ~ 2005 Security Services in Fire Loss Prevention NFPA 720 4-998 2005 Household Carbon Monoxide Warning Eauioment NFPA 780 ~ 2004 Installation of Lighting Protection Svstems NFPA 801 4-998 2003 Facilities Handling Radioactive Materials NFPA 820 4999 2003 Fire Protection in Wastewater Treatment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 4-998 2003 Planned Building Groups NFPA 1962 4-998 2003 Care. Use and Service Testing of Fire Hose Including Connections and Nozzles NFPA 1961 ~ 2002 Fire Hose 3 ORD. NO.1 Q-06 The City hereby adopts the following amendments to the Fire Prevention Code of the National Fire Protection Association, N.F.P.A. Pamphlet No.1, included in the Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2001) (2004), adopted in this article: (1) Section 7-3.2 is amended to include the following language: Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: (a) The following buildings of an institutional or educational character: all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers caring for more than 12 clients under 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the building or structure involved. (b) All wood or partial wood frame buildings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. Single-family homes, duplexes and townhouses shall be exempt from this requirement, except as provided in section (d) below. (c) All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from the finish ground floor grade to the underside of the topmost roof assembly. (d) All buildings or structures regardless of the type of construction which are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet if there is unprotected communication between floors or intermediate spaces. (e) All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. The automatic fire sprinkler systems herein referred to and the installation thereof which is required by this ordinance shall be as contained in and provided for with the applicable standard specified for this section under appendix A of this Fire Prevention Code. 4 ORD. NO. 10-06 (2) Section 7-2.2.2 is amended to include the following language: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this section, height is measured from finish ground floor grade to the underside of the topmost roof assembly. (3) Section 7-2.3 is amended to include the following language: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed. All fire sprinkler, standpipe, and fire pump systems shall be annually inspected, serviced, and maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Beach providing for regular maintenance and testing of the systems in accordance with the applicable standards specified under Appendix A of this Fire Prevention Code and N.F.P.A. 13A, N.F.P.A. 14A and N.F.P.A. 25. The service company performing the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other information which may be required by the fire- rescue services department. In addition, a copy of the service report must be maintained on the premises, and it shall be subject to inspection by the Fire-Rescue Department at any time. (4) Section 7-3.4.2 is amended to include the following language: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water-based fire suppression systems shall be supervised by an approved Central station signaling service. (5) Section 7-7 is amended to include the following language: 5 ORD. NO. 1()..06 Any off-site monitoring of required fire alarm/detection devices shall be done at an approved UL Listed Fire Protection Signaling Systems Central Station. It shall be the responsibility of the building owner to provide and maintain a current valid UL Fire Alarm Certificate on the building's fire alarm system. (6) Section 7-7.1.1 is amended to include the following language: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.17, "Appeals", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 96.17 APPEALS. eA) In accordance with Section 633.025(4)(d). Fla. Stat.. the validity of locallv adooted amendments to the Florida Fire Prevention Code mav be challenaed bv reauestina a hearina with the City Commission. The hearina shall take olace within fortv- five (45) davs of the date of the reauest. (1) For ourposes of such challenae. the burden of proof shall be on the challenaina oarty to orove that the local amendments (a) are not justified due to local conditions which reauire more strinaent reauirements than those soecified in the Florida Fire Prevention Code for the protection of life and orooerty or due to soecial situations arisina from historic. aeoaraohic. or unusual conditions: or (b) the additional reauirements are discriminatorv as to materials. oroducts. or construction techniaues of demonstrated caoabilities. (B) Actions of the Citv Commission shall be aooealed to the Deoartment of Financial Services in accordance with Section 633.025(4)(d), Fla. Stat. ec) Actions of the Deoartment of Financial Services are subject to judicial review pursuant to Section 120.68. Fla. Stat. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 6 ORD. NO. 10-06 Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2006. MAYOR ATTEST: City Clerk First Reading Second Reading 7 ORD. NO. 10-06 [IT'I DF DELIA' BEA[H CITY AnORNEY'S OFFICE _ POLICE LEGAL ADVISOR , ~ II I! %1 TELEPHONE '561/2!1.3-7H25 . FACSIMILE '5611243-7815 300 W. ATLANTIC AVENeE . DELRAY BEACH, FLORIDA 33444 1993 POLICE LEGAL ADVISOR MEMORANDUM To: City Commission David Harden, City Manager Catherine M. Kozol, In. ~ Police Legal Advisor/A~ity Attorney February 3, 2006 From: Date: Re: Ordinance No. 12-06 Amending Supplemental Code Enforcement Procedures - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This is an ordinance which amends Code Enforcement Procedures to include and permit Law Enforcement Officers to enforce certain City Ordinances through a citation instead of just a Notice to Appear (a form of arrest). For example, Law Enforcement Officers will be able to deal with a person walking a dog on the beach with a citation instead of an arrest. Would you please place this ordinance on the February ih Agenda. Ath/encs. cc with Encs. Chevelle Nubin, City Clerk Susan Ruby, City Attorney Chief J. Schroeder \~A ORDINANCE NO. 12-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO EXPRESSLY INCLUDE ENFORCEMENT BY LAW ENFORCEMENT OFFICERS OF ALL NON- CRIMINAL CITY ORDINANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Florida Statute 162.21 (8) grants authority to municipalities supplemental means to enforce municipal ordinances, WHEREAS, Florida Statute 162.21 allows law enforcement officers to be designated as code enforcement officers, WHEREAS, the City of Delray Beach wishes to use citations as a supplemental code enforcement procedure for certain city code violations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 3, Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures" of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: SEC. 37 .45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES. (A) The provisions of this Section are additional and supplemental means of enforcing the City's ordinances and may be used for the enforcement of any noncriminal ordinance, or for the enforcement of all noncriminal ordinances. Nothing contained in this Section shall prohibit the City from enforcing its codes or ordinances by any other means. (B) A Code Enforcement Officer~ ~nd!or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, is authorized to issue a citation to a person when, based upon personal investigation, the officer/inspector has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the County Court will hear the charge. (C) Prior to issuing a citation, a Code Enforcement Officer~ and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be not more than thirty (30) days. If, upon personal investigation, a Code Enforcement Officer~ and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section. finds that the person has not corrected the violation within the time period, a Code Enforcement Officer~ and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section. may issue a citation to the person who has committed the violation. A Code Enforcement Officer~ ::md/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the Code Enforcement Officer~ and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (0) A citation issued by a Code Enforcement Officer~ and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or Section of the code or ordinance violated. (6) The name and authority of the Code Enforcement Officer~ and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, (7) The procedure for the person to follow in order to pay any civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed 2 ORO. NO. 12-06 to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (E) After issuing a citation to an alleged violator, a Code Enforcement Officer~ 3nd/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section, shall deposit the original citation and one copy of the citation with the County Court. (F) A violation of an ordinance enforced in this manner shall constitute a civil infraction. The person receiving the citation may within ten (10) days from the date of the citation elect to appeal the citation to County Court or pay the penalty imposed. Should the person fail to pay the penalty or appeal the citation within the ten days or fail to appear in court to contest the citation, they shall be deemed to have waived their right to contest the citation and a judgment up to the maximum penalty may be entered against them. (G) The classes and schedule of fines shall be as follows: (1) Class 1--$50.00 fine shall be assessed for: (a) All violations not specifically enumerated in other fine classes; and (b) Violations of Chapter 91, "Animals", excluding sea turtle provisions. (2) Class 11--$75.00 fine shall be assessed for: (a) Repeat violations of Class I violations; (b) Violations of the Land Development Regulations of the City of Delray Beach; (c) Violations of Chapter 90, "Abandoned Property"; (d) Violations of Chapter 98, "Litter"; (e) Violations of Chapter 99, "Noise"; and (f) Violations of Chapter 131, "Offenses Against Property". (3) Class 111--$125.00 fine shall be assessed for: (a) Repeat violations of Class II violations; 3 ORD. NO. 12-06 (b) Violations of Chapter 91 regarding sea turtles; (c) Violations of Chapter 96, "Fire Prevention and Fireworks". (The requirements of Florida Statute Section 633.052 shall be followed prior to the issuance of a citation); (d) Violations of Chapter 97, "Health and Safety"; and (e) Violations of Chapter 101, "Parks, Beaches, and Recreation". (4) Class IV--$250.00 fine shall be assessed for: (a) Repeat violations of Class III violations; (b) Violations of Section 51.02, "Dumping on Property Owned by Others Prohibited"; (c) Violations of Section 51.20, "Industrial and Hazardous Waste Disposal"; (d) Violations of Section 51.57, "Contagious Disease Refuse and Hypodermic Needles"; (e) Violations of Section 51.59, "Offensive Deposits; Burying and Depositing in WaterNays"; and (f) Violations of Chapter 53, "Sanitary Sewers", pertaining to discharges into sanitary sewer system. (H) Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer~ :md/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this Section. shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. Sections 775.082 or 775.083. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 4 ORD. NO. 12-06 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. MAYOR ATTEST: City Clerk First Reading Second Reading 5 ORD. NO. 12-06 Can achieve loss factors equivalent to conventional damping materials with 16% of the weight and 6% of bulk. Ideal for: . Metal studs . HVAC ducts . Steel roofs Appliances -"-DampIng - --_.__._----~- .. 8aMl1_~ .---~~.t~--.-..--...-~ I. II.. ~_m ~ j........~n *'-Po_trntedwi1h ~ ------('JUlii.~PMdUCi-'--- --- -- ----....-...--7--.-------.---.' ......,.....fItIn"-.... ___..--..,.... ._"_MlHUIIIlDku.r.r..l --- ----,.-.. ----- ...........tIbn.iII"F .. . .. 5cwRc umted Def8Me - CTC un ... ... . ......,.,....... ..~...... ('Fa . Typical noise reduction from 6dB to 20dB depending on application 100 Before Damping 60 10 <C -60 -100 o Soarce: Dyn.Mlc UbI. Phoenix A2 OJ15 0.10 0.15 0.20 nmel_l ,t8 (-~ -1n-?ISj,._ ri<'~ aC-118 Soundproof _tIng for building coll8truCtlon. machl~ and ap,,-,-. N.... and vibration clamping -.pound Is engineered specifically for _dng matIII. stlIinl_ ....1. galv8nlzed. Iron. aluminum end composite (reinforced plude) material.. Advanced polymer I. formulated nonflammable, non- toxic, 1'U8t-reai8tant and antI-fungal. EnvIronmentaHy friendly. lIIb tested. Watel'-based and fully compliant in every state, ultra-lowVOCs Available in 16 oz spray can, 32 OZ, 111alloo, 5- gallon, and 5O-gallon containers . A highly advanced product. Not simply a noise berrier, but a noise and vibration absorber . Specifically engineered for use on metals (e.g. steel,iron, galvanized, stainless), aluminum, brass, copper, alloys, plastics, PVC, composites and other nonporous materials for the reduction of noise and vibration in metal studs, motors, HVAC, matsl roofs, etc. . Easily applied with brush, roller, airgun, or alrless sprayer . AcosIerated drying times for handling In under 20 minUtes After Damping 100 60 10 E <C -50 . -100 o Source: Dynamic lib&, Phoenix AZ 0.05 0.10 0.15 0.20 nme(_l 1':'\ Quiet 'i'" Sol ulion . ."'. Page 2: MLS~ AN ABSOLUTE TROPICAL PARADISE. THIS UNIQUE AND UNUSUAL PROPERTY IS WAITING FOR THE RIGHT PERSON, IT IS ON 4 LOTS WITH 3 FOLIO #'S, A TROPICAL PARADISE TOTAL Y WALLED IN FOR PRIVACY. THERE IS A MAIN HOUSE, 2 EFF. PLUS AN ART STUDIO RESIDENCE. ZONING IS RM-18., IT INCLUDES A TIKI HUT & GAZEBO, YOU MUST SEE IT TO APPREICATE THIS ONE, ONE OF A KIND PROPERTY. PERMITTED USES, A BED & BREAKFAST OR AN ASSISTED LIVING FACULlTY. CLOSE TO DOWNTOWN, MINUTES TO THE OCEAN AND 1-95. INCLDS FOLIO 2730,2740 - Information herein deemed reliable but not guaranteed. ..IYne 23, 2005 01:09 PM " .._~---_.~..- --- -_.._~-_._._~----." . let Examp'" - Ideal for metal studs, HVAC ducts, metal roofs . For use in machinery and appllallC8ll such as washIng machines, dryers, dishwashers, etc. Application of the Product No undercoating required. Do not thin the material. The surface must be free from grease and dirt. Bare steel surfaces may optionally be primed before being brushed or sprayed with OuletCoat 118. Apply with brush, roller, or airiess sprsyer. A compressor besed air spray gun may also be used. Apply in single coats of 1.Omm thic:kness. Thicker coats and multiple coats enhance the damping properties. See dry-to-recoat chait to datermlne drying time needed before a second coat is applied (shown on chait as tack-free time). The coating is cured in 24 hours. however will continue to develop noise absorption propsrties for up to 7 days, depending on air temperature. After the product is fully cured it can be painted if deaired. See MSDS and Application Notes for fulther information. For metal studs and HVAC ducts, apply one or two coats with brush. CoatIng Guide -- 2 . - 0.00. o.or 0.12"' lmm zmm 3mm WIIeht-""" O.211bfft1 QA31b1ft' 0.841b1ft' 1.04kglm2 2.OS kglm' 3.12 kghn' - <<lfl'1go1 2Qft'IgoI 13.33 fWpI 3.72mJ:/g8' 1.88 m'lgal 1.24m'1go1 te aC-118 Technical Data CGIor Odor - -- Vfl n~ ..,(" .0. .l -- Grev. CUllOm coloR; 11110 ......1IlbI. No odor aftercurfng 1.S50"","" Approx. 77% bywelGht 4,000_..... U....IowIoOCeI_1 Abow25O"F1121"C1 Note:WlII not bum 46"-100'F (7-...cl O.02'-o.OS' 1005-tSmm. 2lHIO mlle) ~100'F(S--a"C1 Do ""'_ On._ 1l-58 IbelgaI 8.5lbelgal -.. ,--- -..... _LIfe ......- ......--... ....... LMt,...... ...,........ I L I - ~~ /;;;?;::!~:::~:~;:::HHJllilll; ,'" ' ," Ii~;:. "tilll H,I" ., -'" ... lIIIR<<o...-.~IIlc.."_ a ~ m m m m -"' '" .. AI.odOR.HoIM..1W** ~ '" J: .. {==-] .. .. .. .. - - - - - - NO .. '" I: .. . . G> II DI. to Ruo.TiIM " .. -"' - -- 1250 Elko Drive Sunnyvale. CA 94089 800-797-8159 ......QuietSolutlon.com WWW..OuhltSolutlon.com emorandmn To: JMilena Walinski, Assistant Finance Director CC: File From: Carolanne Kucmerowski, Agenda Coordinator Date: 11/15/2005 Re: Cable Franchise Transfer Agreement For your records, please find attached one (1) fully executed copy of the Cable Franchise Transfer Agreement. Please call me at 243-7059 if you have any questions. Thank you. CKlck Attachment 1