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Agenda Reg 01-18-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JANUARY 18, 2000 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS ~L?,B~.C~ 1993 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 Randolph 243-7127 (voice), or 243-7199 (TDD), 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. 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: under this section. Any citizen is entitled to speak on items B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, 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. AGENDA 2. 3. 4. 5. Roll Call. invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of December 7, 1999 Regular Meeting of December 14, 1999 Proclamations: A. Crossing Guard Appreciation Day - February 4, 2000 Extending thanks and appreciation to Major Leo Erbstein for his exemplary service to the City of Delray Beach Recognizing and commending Sandra Eriksson on being named the 1999 LPGA Teaching & Club Professional Southeast Section Golf Professional of the Year and the 1999 LPGA Teaching & Club Professional National Golf Professional of the Year Presentations: A. City Golf Championship Awards "City Employees Choice" Awards League Gallery at City Hall Presentation - Delray Art RESOLUTION NO. 8-00: A resolution recognizing and commending Commissioner Michael Wright for his service to the City of Delray Beach. Consent Agenda: City Manager recommends approval. FINAL PLAT APPROVAL/THE DANZANSKY PLAT: Approve the final boundary plat for The Danzansky Plat, a replat of certain property to accommodate the development of a Publix grocery store. The subject property is located on the south side of N.E. 6th Street, between the Federal Highway pairs (N.E. 5th & 6th Avenues). Regular Commission Meeting January 18, 2000 FINAL PLAT APPROVAL/LOST DRIVE-IN: Approve the final boundary plat for the Lost Drive-In, a commercial development formerly known as the Delray Swap Shop. The subject property is located on the east side of North Federal Highway, immediately north of the Kokomo Key subdivision. Co CROSS ACCESS EASEMENT, OFF-SITE PARKING AND LANDSCAPE MAINTENANCE AGREEMENTS/TOWERS CENTER COMMERCIAL PLAZA: De Approye and accept a Cross Access Easement Agreement, an Off-Site Parking Agreement and a Landscape Maintenance Agreement associated with the development of the Towers Center Commercial Plaza. The subject property is located on the east side of S.E. 6th Avenue (northbound Federal Highway), approximately 245 feet south of S.E. 8th Street. CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION .(DEP)/FUNDING FOR BEACH NOURISHMENT PROJECT: Approve Contract No. 99PB2 between the City and the Florida Department of Environmental Protection which provides for funding in an amount not to exceed $1,373,274 as the State's share of the upcoming Beach Nourishment Project. REMOVED FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $10,700.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 95th homeownership assistance grant provided through the program to-date. SERVICE AUTHORIZATION ~90/SURVEY SOUTH, INC. (S.E. ?TH AVENUE WATER MAIN IMPROVEMENTS): Approve Service Authorization #90 in the amount of $15,900.00 with Survey South, Inc. for surveying services related to the S.E. 7th Avenue Water Main Improvements project, with funding from 441-5181-536-69.22 (Water & Sewer Transmission/Storage Project - SE 7th Avenue Water Main). CONTRACT ADDITION (C.O. ~4)/PAVEX CORPORATION (MILLER PARK & BARWICK RANCH ESTATES RESURFACING): Approve a contract addition (C.O. #4) in the amount of $27,066.40 with Pavex Corporation under the 1998 Street Resurfacing contract for the resurfacing of the north parking lot at Miller Park and completion of the paving and striping required for the Barwick Ranch Estates subdivision. Funding for Miller Park will be from 334-4173-572-63.90 (Miller Park Other Improvements) with partial reimbursement from FEMA, while the Barwick Ranch Estates work will be funded from the development cash bond held by the City. CLOSEOUT CHANGE ORDER ~1 a FINAL PAYMENT/THERMA SEAL ROOFS, INC. (LIFT STATION ROOF REPLACEMENT): Approve closeout Change Order #1 in the amount of $524.00 and final payment in the -3- Regular Commission Meeting January 18, 2000 amount of $2,961.00 to Therma Seal Roofs, Inc. for completion of the Lift Station #50 and #80 roof replacement project, with funding from 442-5178-536-62.10 (W&S Renewal & Replacement ~ Building Rehab). CLOSEOUT CHANGE ORDER ~1 & FINAL PAYMENT/GLASgOW EOUIPMENT SERVICES (ESD UNDERGROUND FUEL .STORAGE TANKS): Approve closeout Change Order #1 in the net deduct amount of $5,000.00 and final payment in the amount of $15,462.00 to Glasgow Equipment Services Inc. for completion of the Environmental Services Department Underground Fuel Storage Tanks Replacement project, with funding from 334-6112-519-64.28 (General Construction Fund - Fuel Tanks). LICENSE AGREEMENT FOR TENNIS CENTER SPECIAL EVENT/MAJOR LEAGUE VOLLEYBALL, INC.: Approve a license agreement between the City and Major League Volleyball, Inc. to allow the Association of Volleyball Professionals to hold a volleyball tournament in the Tennis Center on April 29 and 30, 2000. SPECIAL EVENT REOUEST/2000 BUD LIGHT BEACH VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2000 Bud Light Beach Volleyball Tournament to be held May 13 & 14, 2000, at the municipal beach. APPOINTMENT OF WORKER'S COMPENSATION CO.UN. SEL: Appoint the firm of Hayes, Schloss and Alcocer, P.A. as counsel for the City's worker's compensation cases. CONFIRMATION OF CLOSING/CRA, HOUSE OF ~OD (CHURCH) AND CITY PROPERTY TRANSACTION: Confirm the closing of the property transaction by and among the Community Redevelopment Agency, the House of God Church and the City as outlined in the City Attorney's memorandum. Oo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3rd through January 14, 2000. P. AWARD OF BIDS AND cONTRACTS: Bid renewal award in the estimated annual amount of $10,404.00 to Tanner Industries, Inc., via City of Boynton Beach co-op bid, for the purchase of anhydrous ammonia for the Water Treatment Plant, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). Purchase award in the amount of $21,800.00 to Calico Racquet Courts, Inc., sole source provider, for labor costs to rehabilitate four (4) clay courts at the Tennis Center, with funding from 001-4124-527-46.90 (Tennis Center - Other Repair/Maintenance Costs). -4- Regular Commission Meeting January 18, 2000 Bid award in the amount of $35,939 via Florida Sheriffs Association contract for a 2000 Ford Excursion 3/4 ton 4X4, as replacement for a 1994 GMC Suburban (#9411) which was wrecked on November 30, 1999. Funding is available from 501-3312-591-64.20 (Garage/Vehicle Replacement - Automotive). 9. Regular Agenda: APPEAL OF HISTORIC PRESERVATION BOARD DECISION/SILBERSTEIN OFFICE BUILDING: Consider an appeal of the Historic Preservation Board's conditions of approval for the Silberstein Office Building (COA-399) located at 219 N.E. 1st Avenue. (REQUEST FOR FURTHER CONTINUANCE) B. REOUEST TO RECONSIDER DENIAL OF PERMIT FEE WAIVER FOR CORAL TRACE: Consider a request to reconsider the action taken at the January 4th meeting to deny the request to waive the plan check fees for the site development permits for Phase II of the Coral Trace development. IN-LIEU OF PARKING FEE FOR TOWN SQUARE: Consider approval of a request to allow the payment of an in-lieu of fee for three (3) parking spaces for Town Square, a mixed use development to be located on the south side of N.E. 1st Street between the Federal Highway pairs. IN-LIEU OF PARKING FEE FOR 512-520 EAST ATLANTIC AVENUE: Consider approval of a request to allow the payment of an in-lieu of fee for eight (8) parking spaces for 512-520 East Atlantic Avenue, located on the south side of East Atlantic Avenue between the Federal Highway pairs. 1. ACCEPTANCE OF RIGHT-OF-WAY DEED AND SIDEWALK EASEMENT/512-520 EAST ATLANTIC AVENUE: Consider accepting a right-of-way deed and sidewalk easement associated with the 512-520 East Atlantic Avenue redevelopment. LOCATION OF PLAYGROUND EOUIPMENT AT ORCHARD VIEW PARK: Provide direction concerning the proposed relocation of playground equipment from School Board property (Orchard View Elementary School) to City property within Orchard View Park. REMOVED SPECIAL EVENT REOUEST/SAILBOAT RACE: Consider approval of a request from the Delray Beach Cat Sailors to conduct a sailboat race from our municipal beach on February 19, 2000, allow access and assembly on both February 19th & 20th, and the use of public parking for vehicles and trailers at no charge. -5- Regular Commission Meeting January 18, 2000 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS: Consider approval of the following contracts: $11,376.75 to Abisset Corporation, lowest responsive bidder, for 910 S.W. 3rd Court, and $15,650.00 to South Florida Construction, low bid, for 687 N.W. 46th Avenue, with funding in the total amount of $27,026.75 from 118-1963-554-49.19 (CDBG Housing Rehabilitation). I. PROPOSED BOUNDARIES FOR APPOINTMENT OF NOMINATING Jo Ko COMMITTEE/VISIONS 2010: Consider approval of a proposal for the formation of a nominating committee to establish a steering committee for the Visions 2010 Community Visioning process. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board for three year terms ending January 14, 2003. The appointments will be made by Commissioner Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commissioner Wright (Seat #3). APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Lo Appoint four (4) members to the Parking Management Advisory Board for two year terms ending January 31, 2002. The appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commissioner Wright (Seat #3). APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 2000. The appointment will be made by Commissioner Schmidt (Seat #1). APPOINTMENT TO THE CITy COMMISSION: Appoint a member to the City Commission (Seat #3) to complete the unexpired term ending March 29, 2001, created by Commissioner Wright's resignation. 10. Public Hearings: RESOLUTION NO. 6-00 (ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT): Conduct a public hearing and consider approval of a resolution providing for the certification and adoption of the preliminary assessment roll for the Royal Palm Boulevard Special Assessment District. ORDINANCE NO, 1-00: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge applicable to Medicare services and fee schedules. -6- Regular Commission Meeting January 18, 2000 11. Comments and Inquiries on Non-Agenda Immediately following Public Hearings. Items from the Public- A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Co~ents and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -7- JANUARY 18, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alpe- rin in the Commission Chambers at City Hall at 6:00 P.M., Tues- day, January 18, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Father Donald Munro with St. Vincent Ferrer Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval· Mr. Schmidt asked that Item 8.K. on the consent agenda be moved to the regular agenda as Item 9.AA. Mr. Randolph moved to approve the agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Approval of Minutes: Approval of the Minutes of the Regular Meeting of December 7, 1999, was deferred to the February 1, 2000 regular meeting. Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of December 14, 1999, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Proclamations: 6.A. Crossinq Guard Appreciation Day - February 4, 2000 Mayor Alperin read and presented a proclamation in recognition of February 4, 2000 as Crossing Guard Appreciation Day. Police Chief Overman came forward to accept the proclama- tion. 6.B. Extending thanks and appreciation to Major Leo Erb- stein for his exemplary service to the City of Delray Beach Mayor Alperin read and presented a proclamation in recognition of the contributions and service provided by Major Leo Erbstein. Major Erbstein came forward to accept the procla- mation. 6.C. Recognizing and commending Sandra Eriksson on being named the 1999 LPGA Teaching & Club Professional Southeast Section Golf Professional of the Year and the 1999 LPGA Teaching Club Professional National Golf Professional of the Year Mayor Alperin read and presented a proclamation recog- nizing Sandra Eriksson on her achievements as being named the 1999 LPGA Teaching & Club Professional Southeast Section Golf Professional of the Year and the 1999 LPGA Teaching & Club Professional National Golf Professional of the Year. Ms. Eriks- son came forward to accept the proclamation. Presentations: 7 oao City Golf Championship Awards On behalf of the Delray Beach Municipal Golf Course, Sandra Eriksson and Bruce Edwards presented the annual City Golf Championship Awards. 7.B. "City Employees Choice" Awards Presentation - Delray Art League Gallery at City Hall Mayor Alperin presented certificates to the winning entries in the "City Employees Choice" awards presentation sponsored by the Delray Art League. 7.C. RESOLUTION NO. 8-00: A resolution recognizing and commending Commissioner Michael Wright for his service to the City of Delray Beach. The caption of Resolution No. 8-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MICHAEL T. WRIGHT FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINC- TION AND DEDICATION. (The official copy of Resolution No. 8-00 is on file in the City Clerk's office.) 2 01/18/00 Mayor Alperin read and presented Resolution No. 8-00 to Commissioner Wright. Mrs. Archer moved to approve Resolution No. 8-00, seconded by Mr. Randolph. Said motion was passed by acclamation of the City Commission. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/THE DANZANSKY PLAT: Approve the final boundary plat for The Danzansky Plat, a replat of certain property to accommodate the development of a Publix grocery store. The subject property is located on the south side of N.E. 6th Street, between the Federal Highway pairs (N.E. 5th & 6th Avenues). 8.B. FINAL PLAT APPROVAL/LOST DRIVE-IN: Approve the final boundary plat for the Lost Drive-In, a commercial development formerly known as the Delray Swap Shop. The subject property is located on the east side of North Federal Highway, immediately north of the Kokomo Key subdivision. 8.C. CROSS ACCESS EASEMENT, OFF-SITE PARKING AND LANDSCAPE MAINTENANCE AGREEMENTS/TOWERS CENTER COMMERCIAL PLAZA: Approve and accept a Cross Access Easement Agreement, an Off-Site Park- ing Agreement and a Landscape Maintenance Agreement associated with the development of the Towers Center Commercial Plaza. The subject property is located on the east side of S.E. 6th Avenue (northbound Federal Highway), approximately 245 feet south of S.E. 8th Street. 8,D. CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)/FUNDING FOR BEACH NOURISP~4ENT PROJECT: Approve Contract No. 99PB2 between the City and the Florida Department of Environmental Protection which provides for funding in an amount not to exceed $1,373,274 as the State's share of the upcoming Beach Nourishment Project. 8oEo REMOVED FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO GRAM: Approve a funding subsidy in the amount of $10,700.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 95th homeownership assistance grant provided through the program to-date. 8.G. SERVICE AUTHORIZATION #90/SURVEY SOUTH, INC. (S.E. 7TH AVENUE WATER MAIN IMPROVEMENTS): Approve Service Authorization #90 in the amount of $15,900.00 with Survey South, Inc. for surveying services related to the S.E. 7th Avenue Water Main Improvements project, with funding from 441-5181-536-69.22 (Water & Sewer Transmission/Storage Project SE 7th Avenue Water Main). -3- 01/18/00 8.H. CONTRACT ADDITION (C.O. #4)/PAVEX CORPORATION (MILLER PARK & BARWICK RANCH ESTATES RESURFACING): Approve a contract addition (C.O. #4) in the amount of $27,066.40 with Pavex Corpo- ration under the 1998 Street Resurfacing contract for the resur- facing of the north parking lot at Miller Park and completion of the paving and striping required for the Barwick Ranch Estates subdivision. Funding for Miller Park will be from 334-4173-572-63.90 (Miller Park Other Improvements) with partial reimbursement from FEMA, while the Barwick Ranch Estates work will be funded from the development cash bond held by the City. 8.I. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/THERMA SEAL ROOFS, INC. (LIFT STATION ROOF REPLACEMENT): Approve closeout Change Order #1 in the amount of $524.00 and final payment in the amount of $2,961.00 to Therma Seal Roofs, Inc. for comple- tion of the Lift Station %50 and %80 roof replacement project, with funding from 442-5178-536-62.10 (W&S Renewal & Replacement - Building Rehab). 8oJo CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/GLASGOW EQUIPMENT SERVICES (ESD UNDERGROUND FUEL STORAGE TANKS): Ap- prove closeout Change Order #1 in the net deduct amount of $5,000.00 and final payment in the amount of $15,462.00 to Glasgow Equipment Services Inc. for completion of the Environmen- tal Services Department Underground Fuel Storage Tanks Replace- ment project, with funding from 334-6112-519-64.28 (General Construction Fund - Fuel Tanks). 8oKo THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. 8.L. SPECIAL EVENT REQUEST/2000 BUD LIGHT BEACH VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2000 Bud Light Beach Volleyball Tournament to be held May 13 & 14, 2000, at the municipal beach. 8.M. APPOINTMENT OF WORKER'S COMPENSATION COUNSEL: Appoint the firm of Hayes, Schloss and Alcocer, P.A. as counsel for the City's worker's compensation cases. 8.N. CONFIRMATION OF CLOSING/CRA, HOUSE OF GOD (CHURCH) AND CITY PROPERTY TRANSACTION: Confirm the closing of the property transaction by and among the Community Redevelopment Agency, the House of God Church and the City as outlined in the City Attor- ney's memorandum. 8o0· REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3rd through January 14, 2000. 8·m, AWARD OF BIDS AND CONTRACTS: Bid renewal award in the estimated annual amount of $10,404.00 to Tanner Industries, Inc., via -4- 01/18/00 City of Boynton Beach co-op bid, for the purchase of anhydrous ammonia for the Water Treatment Plant, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). Purchase award in the amount of $21,800.00 to Calico Racquet Courts, Inc., sole source provid- er, for labor costs to rehabilitate four (4) clay courts at the Tennis Center, with funding from 001-4124-527-46.90 (Tennis Center - Other Re- pair/Maintenance Costs). Bid award in the amount of $35,939 via Florida Sheriffs Association contract for a 2000 Ford Excursion 3/4 ton 4X4, as replacement for a 1994 GMC Suburban (#9411) which was wrecked on Novem- ber 30, 1999. Funding is available from 501-3312-591-64.20 (Garage/Vehicle Replacement - Automotive). Mr. Schmidt moved to approve the consent agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: LICENSE AGREEMENT FOR TENNIS CENTER SPECIAL EVENT/MAJOR LEAGUE VOLLEYBALL, INC.: Approve a license agreement between the City and Major League Volleyball, Inc. to allow the Associa- tion of Volleyball Professionals to hold a volleyball tournament in the Tennis Center on April 29 and 30, 2000. Mr. Schmidt stated that he had moved this item from the consent agenda to the regular agenda as he had a question concerning Section 9.F. of the agreement. In response, the City Manager stated that the required funding will be paid from Tennis Center revenues. Mr. Schmidt moved to approve the license agreement with Major League Volleyball, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/SILBER STEIN OFFICE BUILDING: Consider an appeal of the Historic Preservation Board's conditions of approval for the Silberstein Office Building (COA-399) located at 219 N.E. 1st Avenue. (REQUEST FOR FURTHER CONTINUANCE) Mr. Randolph moved to postpone the Appeal of the Historic Preservation Board's conditions of approval for the -5- Ol/18/oo Silberstein Office Building (COA-399) located at 219 N.E. 1st Avenue to February 15, 2000, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9oBo REQUEST TO RECONSIDER DENIAL OF PERMIT FEE WAIVER FOR CORAL TRACE: Consider a request to reconsider the action taken at the January 4th meeting to deny the request to waive the plan check fees for the site development permits for Phase II of the Coral Trace development. Mr. Wright moved to reconsider the action taken by the City Commission at the January 4th meeting, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. After discussion, Mr. Randolph moved to reduce payment of the fee to $6,100, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Ar- cher; Mr. Wright; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. IN-LIEU OF PARKING FEE FOR TOWN SQUARE: Consider approval of a request to allow the payment of an in-lieu of fee for three (3) parking spaces for Town Square, a mixed use devel- opment to be located on the south side of N.E. 1st Street be- tween the Federal Highway pairs. Mr. Randolph moved to approve the in-lieu of parking fee for Town Square, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.Do IN-LIEU OF PARKING FEE FOR 512-520 EAST ATLANTIC AVENUE: Consider approval of a request to allow the payment of an in-lieu of fee for eight (8) parking spaces for 512-520 East Atlantic Avenue, located on the south side of East Atlantic Avenue between the Federal Highway pairs. Mr. Wright moved to approve the in-lieu of parking fee for 512-520 East Atlantic Avenue, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D.1. ACCEPTANCE OF RIGHT-OF-WAY DEED AND SIDEWALK EASE MENT/512-520 EAST ATLANTIC AVENUE: Consider accepting a right- of-way deed and sidewalk easement associated with the 512-520 East Atlantic Avenue redevelopment. O /lS/OO Diane Dominguez, Director of Planning and Zoning, noted a revision to the title of Exhibit "B". Mr. Schmidt moved to accept the right-of-way deed and sidewalk easement, as amended, for 512-520 East Atlantic Avenue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:02 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 6-00 (ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT): Conduct a public hearing and consider approval of a resolution providing for the certification and adoption of the preliminary assessment roll for the Royal Palm Boulevard Special Assessment District. Prior to consideration of passage of this resolution, a public hearing has been sched- uled to be held at this time. The City Manager presented Resolution No. 6-00: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE PRELIM- INARY ASSESSMENT ROLL FOR THE ROYAL PALM BOULEVARD PROPERTIES BORDERING ON ROYAL PALM BOULEVARD EAST OF FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT TO EACH PROPERTY; PROVID- ING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 6-00 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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 public hearing was closed. Mr. Schmidt moved to approve Resolution No. 6-00, seconded by Mrs. Archer. Upon roll call the voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 1-00: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency ? 01/lS/00 Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge applicable to Medicare services and fee schedules. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-00: 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 DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANPORTA- TION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE ANNUAL INFLATION INDEX CHARGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-00 is on file in 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 public hearing was closed. Mrs. Archer moved to approve Ordinance No. 1-00 on Second and FINAl Reading, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 11. ties. Manager's response to prior public comments and inqui 11.A. City Manaqer's response to prior public comments and inquiries. There were no responses to prior public comments. 11 .B. From the Public. There were no public comments. 12. FIRST READINGS: None At this point the Commission returned to Item 9.E. on the Regular Agenda. 8 o / 8/oo 9.E. LOCATION OF PLAYGROUND EQUIPMENT AT ORCHARD VIEW PARK: Provide direction concerning the proposed relocation of play- ground equipment from School Board property (Orchard View Elemen- tary School) to City property within Orchard View Park. Joe Weldon, Director of Parks and Recreation, stated that his department had originally worked with the School Board to locate the playground equipment for Orchard View Park on School Board property to make it available for both school children and park users. However, the Principal at Orchard View Elementary School wants to limit the amount of access by park users and the times at which they could use the playground equipment. Mr. Weldon stated that he wants to make sure that the playground is accessible to all users and recommended that the equipment be relocated to another site within the park (roughly 100 yards from the present location) where it will be accessible to both the school children and park patrons at the same time. Discussion by the Commission followed. Some concern was expressed about the increased distance of the relocated playground equipment from the school and its closer proximity to the parking lot. Mr. Weldon indicated that a location somewhat closer to the school could be looked at. It was the consensus of the City Commission to direct staff to take another look at the plan to see if the playground equipment could be relocated off of school property, but closer to the school than proposed in the current plan. The City Manager stated that this item would be brought back to the Commission once an alternate site was identified for consideration. 9.F. REMOVED 9.G. SPECIAL EVENT REQUEST/SAILBOAT RACE: Consider approv- al of a request from the Delray Beach Cat Sailors to conduct a sailboat race from our municipal beach on February 19, 2000, allow access and assembly on both February 19th & 20th, and the use of public parking for vehicles and trailers at no charge. After discussion, Mrs. Archer moved to approve the special event request for a sailboat race subject to the staff recommendation. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS: Consider approval of the following contracts: $11,376.75 to Abisset Corporation, lowest responsive bidder, for 910 S.W. 3rd Court, and $15,650.00 to South Florida Construction, low bid, for 687 N.W. 46th Avenue, with funding in the total amount of $27,026.75 from 118-1963-554-49.19 (CDBG Housing Rehabilitation). -9- Ol/18/oo Mr. Randolph moved to approve the grant awards for housing rehabilitation contracts as recommended by staff, second- ed by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. PROPOSED BOUNDARIES FOR APPOINTMENT OF NOMINATING COMMITTEE/VISIONS 2010: Consider approval of a proposal for the formation of a nominating committee to establish a steering committee for the Visions 2010 Community Visioning process. After discussion, it was the consensus of the Commis- sion to accept the staff proposal in concept. Commissioner Archer would select a member to represent Area 2. Mr. Schmidt would select a member to represent Area 4. Mr. Randolph would select a member to represent Area 5. Mayor Alperin would select a member to represent Area 6. Areas 1, 3 and 7 would be brought back to the Commis- sion after Mr. Wright's replacement was selected to allow that person to select an area. After that, the two remaining areas would be selected by the City Manager and the City Attorney. 9.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three(3) regular members to the Code Enforcement Board for three year terms ending January 14, 2003. The appointments will be made by Commissioner Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commissioner Wright (Seat #3). Commissioner Schmidt moved to appoint Roger M. Simon (real estate-alternate) as a regular member to the Code Enforce- ment Board for a three year term ending January 14, 2003, second- ed by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Commissioner Archer moved to appoint Jay E. Hasher (general contractor) as a regular member to the Code Enforcement Board for a three year term ending January 14, 2003, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. Commissioner Wright moved to appoint George Brewer (architect) as a regular member to the Code Enforcement Board for a three year term ending January 14, 2003, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -lO- Ol/18/oo 9.K. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint four (4) members to the Parking Management Advisory Board for two year terms ending January 31, 2002. The appoint- ments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commission- er Wright (Seat #3). Mayor Alperin stated that he wished to reappoint Bruce Gimmy as a member to the Parking Management Advisory Board for a two year term ending January 31, 2002. Mrs. Archer so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Commissioner Schmidt moved to appoint Howard B. Lewis as a member to the Parking Management Advisory Board to fill an unexpired term ending January 31, 2000, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes; Mr. Schmidt Yes. Said motion passed with a with a 5 to 0 vote. Commissioner Archer moved to reappoint Janet Onnen as a member to the Parking Management Advisory Board for a two year term ending January 31, 2002, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Commissioner Wright moved to reappoint Frances A. Marincola as a member to the Parking Management Advisory Board for a two year term ending January 31, 2002, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 2000. The appointment will be made by Commissioner Schmidt (Seat %1). Commissioner Schmidt moved to appoint Ronald C. Nyhan as a regular member to the Education Board to fill an unexpired term ending July 31, 2000, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE CITY COMMISSION: Appoint a member to the City Commission (Seat %3) to complete the unexpired term ending March 29, 2001, created by Commissioner Wright's resigna- tion. Mayor Alperin placed in nomination the name of Bill Schwartz to fill the Commission vacancy. Mr. Randolph placed in nomination the name of Eugene Herring to fill the Commission vacancy. Mr. Randolph moved to appoint Eugene Herring to the City Commission (Seat #3) to complete the unexpired term ending March 29, 2001 created by Commissioner Wright's resignation. The motion died for lack of a second. Mrs. Archer moved to appoint N. Williard "Bill" Schwartz as a member to the City Commission (Seat #3) to com- plete the unexpired term ending March 29, 2001, created by Commissioner Wright's resignation, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Abstain; Mr. Randolph - No; Mayor Alperin - Yes. Said motion passed with a 3 to 1 vote. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Manager had no comments or inquiries. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13 .C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Wright stated that he had enjoyed working with the City Commission and he hoped that the Commission would continue to pursue the best interests of the city. 13.C.4. Commissioner Randolph stated that it had been a plea- sure working with Commissioner Wright and he wished him well. Mr. Randolph also thanked Joe Weldon, Director of Parks and Recreation, for the upgrades that have been made to the Pompey Park facility. 13.C.5. Mayor A1Derin expressed his appreciation to Commission- er Wright for all of his efforts on behalf of the City. There being no further business, adjourned by Mayor Alperin at 8:00 p.m. the meeting was City Cl~rk ! -12- 01/18/00 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of January 18, 2000, which minutes were formally approved sion on and adopted by the City Commis- NOTE TO READER: If the minutes you have received are not com- pleted 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. o / 8/oo DECEMBER 7r 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, December 7, 1999. Roll call showed: Present - Commissioner PatriciaArcher Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Dan Casselberry, Cason United Methodist Church. 3- The Pledge of Allegiance to the flag of the United States of America was given. Aqenda APproval. Mayor Alperin noted the addition of Item 8.J.5., Award for the purchase of a MedJockey III, Special Events Response Vehicle for use by the Fire Department, to the Consent Agenda (Award of Bids and Contracts) by addendum. The City Attorney announced that Item 10.A., Ordinance No. 47-99 (Second Reading/Quasi-Judicial Public Hearing), rela- tive to the LDR text amendment pertaining to Block 69, would have to be postponed inasmuch as the requisite statutory adver- tising had not been met due to an error on the part of The Boca News. The necessary advertisement was not timely published. Hence, the City Clerk will have to readvertise the notice for the second reading. The City Attorney recommended that the item remain on the agenda until the Commission considers the public hearing items at 7:00 p.m., at which time she would announce again that the item is being postponed and have the Commission make a decision at that time on what date to reschedule the item for and postpone to that date certain. Mr. Randolph noted a clerical error in the Fire Depart- ment's memorandum dated December 6, 1999, in support of the purchase of the Special Events Response Vehicle. The first line reads, "On December 23, 1999, I was informed ...". The City Manager thought that the date should correctly read November 23, 1999. Mrs. Archer moved to approve the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of November 16, 1999, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Proclamations: 6.A. Recognizing and commending Carole R. Shetler for her leadership at Atlantic High School and her many contributions to the Delray Beach community. Mayor Alperin read and presented a proclamation extend- ing the City's heartfelt thanks and appreciation to Carole R. Shetler for her exemplary service as Principal of Atlantic High School, acknowledging the significant contributions made by Ms. Shetler to the Delray Beach community, and wishing her continued success in her new position as Area I Executive Director for the School District of Palm Beach County. Ms. Shetler came forward to accept the proclamation. She stated that she is very proud of having worked with the City of Delray Beach during her tenure as AHS Principal and extremely appreciative of everything the community has done to support Atlantic High School and all of its local schools. $.B. Observing and honoring the 200th anniversary of George Washington's death on December 14, 1999. Mayor Alperin read and presented a proclamation in honor and observance of December 14, 1999, as the 200th anniver- sary of the death of George Washington, and recognizing the many contributions this Patriot made to his country. Ms. Kimberly Harty, President of the Fifer George Weissenfels Society, Children of the American Revolution, came forward to accept the proclamation and expressed her apprecia- tion to the City Commission for this recognition. Presentations: None CONSENT AGENDA: City Manager recommends approval. $,A. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 1999 -2- 12/07/99 through September 30, 2000, with funding in the amount of $48,000.00 from 001-1111-511-34.90 (City Commission - Other Contractual Services). 8.B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/JENNINGS COMMER- CIAL BUILDING: Approve an agreement between the City and Rus- sell B. Jennings, Inc. to allow the deferral of sidewalk improve- ments within the Dixie Highway right-of-way immediately abutting Lot 18, Delray Beach Estates, until such time as the City re- quests the sidewalk to be constructed. 8.C. AMENDMENT TO PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA: Approve an amendment to the parking license agreement between the City and Caffe Luna Rosa, Inc. to allow valet park- ing service seven days a week from 11:00 a.m. to 11:00 p.m., from December 15th through April 30th each year the agreement is in effect. 8.D. REgOLUTION NO. 42-99 & ACCEPTANCE OF EASEMENT DEED: Approve a resolution vacating and abandoning an easement associ- ated with the expansion of Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road, based upon positive findings, and accept an easement deed for a 15 ft. wide exclusive sanitary sewer easement to accommodate the installation of a deep sanitary sewer main within Lot 61, Second Addition to Country Club Acres. The caption of Resolution No. 42-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 7.5 FOOT UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF LOT 61 (LESS THE NORTH 20 FEET THEREOF), SECOND EDITION TO COUNTRY CLUB ACRES AS RECORDED IN PLAT BOOK 24, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICU- LARLY DESCRIBED HEREIN, SUBJECT TO ACCEP- TANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 15 FOOT SANITARY SEWER EASEMENT, AS THE SAME IS MORE PARTICU- LARLY DESCRIBED HEREIN, ALL ASSOCIATED WITH THE EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL LOCATED AT 1488 SOUTH MILITARY TRAIL, DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 42-99 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 78-99: Approve a resolution vacating and abandoning a portion of Old Dixie Highway right-of-way in conjunction with the proposed development of Jennings Commercial Building, located on the east side of Old Dixie Highway, approxi- mately 315 feet south of Gulfstream Boulevard, based upon pos- -3- 12/07/99 itive findings and subject to retaining a utility easement over a portion thereof. The caption of Resolution No. 78-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE ROAD RIGHT-OF- WAY FOR OLD DIXIE HIGHWAY LYING WEST OF AND ADJACENT TO LOT 18, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILI- TY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE WEST TEN FEET AND THE NORTH TEN FEET OF THE EAST TWENTY FEET OF THE ROAD RIGHT-OF-WAY FOR OLD DIXIE HIGHWAY LYING WEST OF AND ADJACENT TO LOT 18, DELRAY BEACH ESTATES, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 78-99 is on file in the City Clerk's office.) 8.F. RIGHT-OF-WAY USE PERMIT/ADELPHIA BUSINESS SOLUTIONS OF FLORIDA: Approve a permit agreement between the City and Adel- phia Business Solutions of Florida which will allow Adelphia to use the City's rights-of-way in accordance with City ordinances in order to provide telecommunications services in the City of Delray Beach. 8.G. SERVICE AUTHORIZATION #l/DAMES AND MOORE (WEST ATLAN- TIC AVENUE IMPROVEMENTS): Approve Service Authorization %1 in the amount of $111,800.00 with Dames and Moore for design of hardscape and landscape improvements along West Atlantic Avenue from 1st Avenue to 10th Avenue. Funding will be from ISTEA grants, Beautiful Palm Beaches grants, and the Community Redevel- opment Agency. 8.H. FINAL PAYMENT/CUSTOM CARE, INC. (SEAC~ATE NEIGHBORHOOD BEAUTIFICATION): Approve final payment in the amount of $2,199.35 to Custom Care, Inc. for completion of the irrigation and landscaping improvements within the Seagate neighborhood, with funding from 334-4144-572-63.36 (General Construction Fund - Seagate Neighborhood). ~.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 15th through December 3, 1999. 12/07/99 8 .J. AWARD OF BIDS AND CONTRACTS: Bid award to Tropical Lawn & Landscape Co. at an estimated annual cost of $11,712.50 for the landscape maintenance of Atlantic Avenue (west of CSX Railroad to Military Trail), with funding from 119-4144-572-46.40 (Beautification Trust Fund). Lease award to Xerox for the three year lease of a Xerox 5352 Copier for the City Attorney's Office at a total lease cost over the three year period of $10,629.00, with pricing per Florida State contract and funding from 001-1611-514-44.30 (City Attorney - Equipment Rental/Lease). Purchase award in the amount of $15,036.00 to AMJ Equipment Corporation, sole source vendor, for the purchase of eleven (11) new turbidity units to replace existing 1990 labor intensive equip- ment that is failing, with funding from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment). o Contract addition in the amount of $30,000.00 with Aquifer Maintenance & Performance Systems, Inc. to increase the contract amount for well rehabilitation to $60,000 for the contract term of October 11, 1999 to October 10, 2001, due to additional work for unexpected pump and column failures. Funding is available from 442-5178- 536-63.97 (Raw Water Well ~24 Rehab). Purchase award in the amount of $14,718.00 to Gilberti, Inc. of West Palm Beach, sole source vendor, for the purchase of a MedJockey III, Special Events Response Vehicle for use by the Fire Department, with funding from 115-2311-522-64.90 (Fire Department Special Projects - Other Machinery/Equipment), to be reimbursed through Palm Beach County EMS grant. (BY ADDENDUM) Mr. Schmidt moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -5- 12/07/99 9. REGULAR AGENDA 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's condi- tion of approval to add hardware to exterior decorative shutters for the Castle Florida Building at 150 North Swinton Avenue (COA-351) and the Dittman Federspiel Building at 151 N.W. 1st Avenue (COA-364). QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into- the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Historic Preservation Board considered this item at its meeting of November 3, 1999 and recommended approval with the condition as follows: That black hinges and shutter dogs (hardware used on operable shutters to secure them when in the open position) be installed on all the shutters in a manner that makes the shut- ters appear operable. The shutter dogs are to be installed at the outer bottom corner. The following individuals spoke in opposition: The following individuals spoke in favor: The public hearing was closed. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. moved to 9.B. REQUEST FOR WAIVER/CONTRIBUTION FOR IMPROVING AND/OR EXTENDING S.W. 7TH STREET: Consider a request from Stone Sta- tion Florida Inc. to waive the requirements of LDR Section 6.1.2(A) (2) relative to providing one-half the cost of improving and/or extending an unimproved local street (S.W. 7th Street) located on a boundary of a proposed project. moved to approve the request to waive the requirements of LDR Section 6.1.2(A) (2), seconded by t -6- 12/07/99 At this point, the time being 7:20 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 47-99 (SECOND READING/SECOND PUBLIC HEARING}: An ordinance amending LDR Sections 4.4.24(B) (9) and 4.4.24(F) (1) by adding Lots 19 through 24, inclusive, Block 69, to the list of lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to certain standards of the Central Business District. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No.47-99: AN -ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSKAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", AND SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS". TO ADD LOTS 19 THROUGH 24, INCLUSIVE, BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD ZONING DISTRICT THAT MAY HAVE THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO THE STAN- DARDS OF THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-99 is on file in the City Clerk's office.) The City Attorney reiterated that Ordinance No. 47-99 would have to be postponed inasmuch as the requisite statutory advertising had not been met due to an error on the part of The Boca News. Mr. Wright moved to reschedule the quasi-judicial and second public hearing for Ordinance No. 47-99 to the date and time certain of January 4, 2000, at 7:00 p.m. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt - Yes. Said motion passed with a 3 to 2 vote. 10.B. QRDINANCE NO. 48-99 (REZONING ASSOCIATED WITH TENNIS CENTER EXPANSION): An ordinance rezoning two properties located on the west side of N.W. 2nd Avenue, approximately 400 feet -7- 12/07/99 south of Martin Luther King, Jr. Drive (N.W. 2nd Street) from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate the expansion of the Tennis Center. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No.48-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL DISTRICT IN THE CF (COMMU- NITY FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH 52 FEET OF LOT 14 AND ALL OF LOT 15, BLOCK 43, TOWN OF DELRAY, LOCATED ON THE WEST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400 FEET SOUTH OF MARTIN LUTHER KING, JR. DRIVE (N.W. 2ND STREET), AS MORE PARTICULAR- LY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated that the item would be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimo- ny. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the Planning and Zoning Board considered the rezoning at a public hearing on November 15, 1999 and voted unanimously to recommend that it be approved. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 48-99 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B.1. CONDITIONAL USE MODIFICATION/TENNIS CENTER EXPANSION: Consider a request for conditional use modification to allow the -8- 12/07/99 expansion of the Municipal Tennis Center/Stadium (Phase IV.) QUASI-JUDICIAL PROCEEDING The City Attorney stated that the item would be con- ducted as a quasi-judicial proceeding which allows for presenta- tions by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the Planning and Zoning Board considered the request for conditional use modification at a public hearing on November 15, 1999. After discussion, the Board voted unanimously to recommend approval, based upon positive findings with respect to LDR Section 3.1.1 and Section 2.4.5(E) (5) (Conditional Use Findings) and policies 'of the Comprehensive Plan, subject to the following conditions: (1) That a site plan modification addressing all applicable Land Development Regulations be reviewed and approved by the Site Plan Review and Appearance Board; and (2) That hedges with a shade tree every twenty-five feet (25 ft.) be installed along the north and west property lines. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Schmidt moved to approve the conditional use modification request for the Municipal Tennis Center, based upon the findings and subject to the conditions of approval recommend- ed by the Planning and Zoning Board. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and In=uiries on Non-Aqenda Items from the P~blic-Immediatel¥ followinq Public Hearings. Cit¥ Manaqer's response to prior public comments and The City Manager provided additional information with respect to the street lighting on Southridge Road. He noted that a formal request went to Florida Power & Light on July 14, 1999. At this time it is taking FP&L about nine (9) months to install street lights. The Southridge Road lighting is current- ly in the design phase, so installation is anticipated sometime around April 2000. -9- 12/07/99 In response to the inquiry from Mr. DesJean about McCleary Street, the City Manager reported that both he and the Director of Environmental Sciences looked at the roadway and agree with staff that it does not need a full resurfacing. However, there were two areas that had depressions in the street that need to be repaired and there was also a hole in the street. These things will be taken care of shortly if they have not already been remedied. In response to Mr. Williams' expressed concern about some of the roadwork on N.W. 3rd Street and some of the various avenues, the City Manager reported there have been some areas along this project where the pavement has settled. The project has not yet been finalized, the inspector is aware of the loca- tions of the settlements, and corrective measures are being taken to resolve the settlement. In response to the comment raised again about low water pressure in this same area, the City Manager advised that he had sent out a memorandum on this issue to the City Commis- sion. The water mains are completed, but not all of the exist- ing water services have been transferred to the new main. There are about sixty (60) services on various projects that still need to be transferred. Various alternatives are being looked at to get a good price to reconnect these services. Those experiencing iow water pressure are still connected to the old 2-inch mains. It is hoped that all of the connections will be changed out by February 2000. In response to the question raised about the City not observing Veterans Day as a City holiday, the City Manager reported that Veterans Day was once a City holiday in Delray Beach. Sometime in the early 1980's (an exact date cannot be determined), the employees agreed to exchange Veterans Day for the Friday after Thanksgiving. The City Manager noted that all of the holidays are spelled out in the City's four union con- tracts and any changes in those would have to be negotiated with the various unions involved. 11 .B. From the Public. 11.B.1. Irwin Rockoff, 743 N.W. 23rd Lane, asked for clarifica- tion as to the sequence of events now scheduled for the Worthing Place (Block 77) project and the proposed text amendment affect- ing the use of certain property in Block 69? The City Manager responded that this had not yet been determined. Staff will consult with the City Attorney and follow her advice as to how the items should be sequenced. 11.B.2. Viraini& Snvder, 38 South Swinton Avenue, expressed her concern about what she feels is a health hazard in the community and that is the noise generated by music at City Limits restaurant in the downtown. When the noise is bad enough -10- 12/07/99 to prevent people from sleeping, Mrs. Snyder contended it is noise pollution. She stated that on one occasion she contacted the Police Department, but was told they could not do anything since a noise variance or a waiver to the noise ordinance had been granted to the facility before it ever opened. Mrs. Snyder felt that the granting of waivers or variances such as this are counterproductive to the welfare of the majority of citizens and is not done to alleviate hardships for the property owner. ll.B.3. Rosetta Rolle, 301 N.W. 3rd Avenue, asked if there are written guidelines for the City's Eduation Board and, if so, how could she get a copy of same? The City Manager stated that there are written 9uide- lines for the Education Board and Mrs. Rolle was welcome to obtain a copy of them from his office. 11.B.4. Commander Scott Schle¥, American Leqion, Post 65, briefly commented that he had received a lot of complaints from City workers that they were not allowed to take the morning off at attend services at the cemetery and at Veterans Park on Veterans Day. 11.B.5. Alice Finst, 707 Place Tavant, complained that the Chambers' sound system is not working properly and that it is very difficult to hear the discussion in either the City Hall lobby or in the conference room. She felt it would be advanta- geous for the City to install a video system that would make it easy for everyone to see and hear what is going on in the Cham- bers. There being no additional public comments, the City Commission returned to Item 9.C. on the Regular Agenda. 9.C. REQUEST FOR WAIVER OF PERMIT FEE/AMERICAN LEGION POST 65: Consider a request from the American Legion, Milton Myers Post 65, to waive a building permit fee estimated at $2,500 in order to complete the improvements to the American Legion Post building located at 263 N.E. 5th Avenue. Jerry Sanzone, Chief Building Official, explained that the original contractor submitted plans and the required applica- tions for interior demolition and renovation of the American Legion Post 65 building, a designated historic site, in July 1997. The permit fee of $2,222.00 was paid and the permit was approved and issued with conditions in August 1997. The permit file was closed, effectively cancelling the permit, on August 12, 1998 after verifying that the first and only inspection for the project was done on August 29, 1997 and that all work on the building had been discontinued for at least six months. Command- er Scott Schley is now leading the completion of the renovation project. He acknowledges there were problems with the original contractor's work as well as major cost overruns. A new contrac- tor has been hired and will be submitting new plans and applica- -11- 12/07/99 tions to complete the project. The request is for waiver of the permit fee estimated at $2,500 inasmuch as the total fee was initially paid and to repay these fees would be a financial hardship to the American Legion Post. The staff recommendation is for approval of the request, primarily to allow the comple- tion of the renovation project and have the building put back into service. Mr. Schmidt moved to approve the request to waive the building permit fee for the American Legion Post 65 building, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. PARKING LICENSE AGREEMENT/MARTINI'S ON ATLANTIC: Consider approval of a parking license agreement with Martini's on Atlantic for a six space valet parking queue on the south side of AtlaRtic Avenue, east of S.E. 1st Avenue. The Parking Management Advisory Board and staff recommend denial. Robert A. Barcinski, Assistant City Manager, stated that this request was considered by the Parking Management Advisory Board on October 26, 1999, and the board unanimously recommended denial. The primary reason for this recommendation was that the board did not want parking queues in front of every block on Atlantic Avenue. In January of 1999, the City Commis- sion established four (4) designated queue locations on Atlantic Avenue. The requested location is not one of the approved sites. The Parking Management Advisory Board felt that the applicant could use one of the sites just east or west of the requested location, and that the policy should be upheld. Mrs. Archer moved to DENY the request for a parking license agreement with Martini's on Atlantic as recommended by the Parking Management Advisory Board. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST FOR LETTER OF SuPPORT/PINEAPPLE GROVE ARTWALK PROJECT: Consider a request from Pineapple Grove Main Street, Inc. for a letter in support of their appeal to the Palm Beach County Legislative Delegation for a $150,000 grant to help finance the Pineapple Grove Artwalk Project. Mrs. Archer moved to approve the letter of support for the Pineapple Grove Artwalk Project, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. -12- 12/07/99 9.F. TENNIS CENTER CONSULTING A~REEMENT/JCD SPORTS GROUP, INC.= Consider approval of a consulting agreement with JCD Sports Group, Inc. in the amount of $18,000.00 for the period December 1, 1999 through November 30, 2000 (with two annual renewal options), with funding from 113-4210-575-31.90 (Tennis Center Special Events - Other Contractual Services). Robert A. Barcinski, Assistant City Manager, presented an overview of the proposed consulting agreement with JCD Sports Group for the period December 1, 1999 through November 30, 2000. The existing agreement with JCD Sports Group expired on November 30, 1999. The services provided by this agreement include attracting special events to the tennis stadium, manage- ment of the events, and identifying and assisting in obtaining additional revenue sources. Mr. Barcinski continued that two changes are proposed from last year's agreement. They are (1) an annual renewal clause for two (2) additional years subject to the City Manager's approval, and (2) a fee increase from $12,000 to $18,000. Mr. Wright requested clarification as to the distinc- tion between Mr. Dubin's management contract for the tennis center as opposed to the proposed consulting agreement with JCD Sports Group? In response, Brahm Dubin stated that his contract with the City through Dubin & Associates is for managing the day-to-day operations of the tennis center. The consulting agreement with JCD is for the work and hours involved with attracting events to the tennis stadium and is totally sepa- rate. JCD Sports Group's responsibility is to pursue special events to be held at the tennis facility, provide event manage- ment, and coordinate and facilitate these events. Mr. Wright asked that he be provided with a copy of the management contract with Dubin & Associates. Mr. Schmidt moved to approve the consulting agreement with JCD Sports Group, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - No; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. BONUS PAYMENT FOR FY 1999/BJCE, INC.: Consider approv- al of a bonus payment in the amount of $22,335 to BJCE, Inc. for FY 1999, with funding in the amount of $13,850 from 445-4711-572-34.90 (Municipal Golf Course/Other Contractual Services), $5,365 from 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), and $3,120 from 001-4124-572-34.90 (Tennis Center/Other Contractual Services). Robert A. Barcinski, Assistant City Manager, presented an overview of Mr. Dubin's request for a FY 1999 bonus payment in the amount of $22,335 (15% of the base fee for the golf and tennis operations) for accomplishing agreed upon goals and objectives. Based on the actual accomplishments versus project- -13- 12/07/99 ed, as well as additional projects Mr. Dubin has undertaken at the tennis center, Mr. Barcinski recommended a bonus payment in the amount of $21,000, with funding in the amount of $13,000 from 445-4711-572-34.90 (Municipal Golf Course/Other Contractual Services), $5,000 from 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), and $3,000 from 001-4124-572-34.90 (Tennis Center/Other Contractual Services). Mr. Randolph moved to approve a bonus payment to BJCE, Inc. for FY 1999 in the amount of $21,000 as recommended by staff. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. PROPOSED POLICY CHANGES/TENNIS CENTER STADIUM USAGE- FEES: Consider approval of proposed policy changes with regard to usage fees for the Tennis Center Stadium. 9.I. SUMMARY OF THE PROPOSED ROADWAY IMPROVEMENT BOND PROGRAM: Consider approval of the proposed roadway improvement bond program, together with approval of revised Stormwater and Water and Sewer capital programs. 9.J. AWARD OF PURCHASE ORDER/MAN CON, INC. (EMERGENCY MANHOLE REPLACEMENT): Consider approval of the award of an emergency purchase order in the amount of $29,900.00 to Man Con, Inc., second iow quote, for the emergency replacement of a sanitary manhole at the north end of Miami Boulevard, with funding from 442-5178-536-63.93 (Southeast Interceptor). Richard Hasko, Director of Environmental Services, explained that a manhole in the southeast interceptor line on Miami Boulevard failed about a week ago. Funds were allocated in the current year budget to deal with the deteriorated man- holes in the 24-inch line in Miami Boulevard, but the work had not yet commenced. The current situation is that there is a serious undermining of the street around the manhole and it is recommended that an emergency purchase order be awarded to the second low quote from Man Con, Inc. because the contractor with the low quote cannot mobilize and get to the site until after the New Year. In view of the safety hazard, staff felt the situation could not wait that long. Mrs. Archer moved to approve the purchase order award in the amount of $29,900 to Man Con, Inc. for emergency manhole replacement on Miami Boulevard. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- tin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.K. BID AWARD TO ENVIRODYNE LABORATORY INC. (ANNUAL CON- TRACT FOR SUPPLEMENTAL LABORATORY ANALYSIS): Consider approval -14- 12/07/99 of a bid award in the estimated annual amount of $10,000.00 to Envirodyne Laboratory, Inc. as the lowest responsive, responsi- ble bidder (third low bid) to provide supplemental laboratory analysis for water and wastewater, with funding from 441-5124-536-34.90 (Environmental Compliance - Other Contractual Services). Richard Hasko, Director of Environmental Services, explained that the recommendation to award to the third low bidder was based on the fact that the first low bidder did not meet the specifications of the bid for a laboratory located within thirty miles, nor are their facilities adequately staffed and equipped to handle the detailed requirements for sampling. The second low bidder had been used by the City in the past and their performance was less than satisfactory with their response time often exceeding bid requirements. The third low bid, Envirodyne Laboratory, has been the City's vendor for the past three years and their service and quality of work has always been satisfacCory. Hence, the recommendation to award to Enviro- dyne as the lowest responsive, responsible bidder. Mr. Schmidt moved to approve the bid award to Envirody- ne Laboratory, Inc., as the lowest responsive, responsible bidder, at an estimated annual cost of $10,000.00. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.L. SETTLEMENT OFFER/GODBEE & LASTER V. CITY: an offer of settlement in the referenced matter. Consider The City Attorney stated that the Plaintiffs, subse- quent to the settlement offer that was rejected by the City Commission on October 19, 1999, have made a combined offer of $48,500, inclusive of fees and costs, to settle the matter. In light of the medical bills expended, Ms. Ruby recommended that the settlement offer be approved. Mr. Schmidt moved to approve the settlement offer in the amount of $48,500. The motion was seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM BOARD OF DIRECTORS: Appoint a primary member and a backup member to the Municipal Public Safety Communications Consortium (MPSCC) Board of Directors. The City Manager explained that this is the countywide consortium that has been established to look at the possibility of creating a countywide 800 megahurtz communication system for all police and fire public safety units. The recommendation is -15- 12/07/99 that he be appointed as the primary member to the MPSCC Board of Directors, with Police Chief Richard Overman as the alternate. Upon question from Mayor Alperin, the City Manager clarified that the South County Cooperative (Boca Raton, Delray Beach and Boynton Beach) is moving forward with its efforts for the 800 megahurtz radio system. There are two other groups working on a system which will include the rest of the county, hopefully in one big system eventually. What is being discussed at this point is that Boca/Delray/Boynton is the south county hub, West Palm Beach has a central hub already, and they want to create a north hub which is in the very early stages and a west hub out on Lake Okeechobee which has not even begun yet. All of that would be tied together in one system so that eventually a law enforcement officer or firefighter could go anywhere in the county and communicate with any other public safety entity within the county that the situation might call for. That is the vision, but whether it takes the MPSCC form or not remains to be seen. ~No one knows costs yet. The consortium is supposed to develop costs and once we see what those are, the City can decide whether it wants to continue with the MPSCC or not. While he has doubts about whether it will be cost effective to do what the consortium is proposing, the City Manager felt it important for Delray Beach to be involved because the county is going to make available to the cities $12.50 per traffic ticket that is collected that is supposed to go toward a radio system, and that may be funneled through the MPSCC. Mr. Randolph moved to appoint the City Manager as the City's primary member on the Municipal Public Safety Communica- tions Consortium Board of Directors, with Police Chief Richard Overman as the alternate member. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9oNo APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a regular member to the Delray Beach Housing Authority to fill an unexpired term ending March 6, 2002. The appointment will be made by Commissioner Schmidt (Seat #1). Mr. Schmidt moved to appoint Doris Long-Sohn to the Delray Beach Housing Authority as a regular member to fill an unexpired term ending March 6, 2002. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority to fill an unexpired term ending July 1, 2000. The appointment will be made by Mayor Alperin (Seat #5). -16- 12/07/99 Mayor Alperin stated that he wished to appoint Robert W. Griek to the Downtown Development Authority to fill an unex- pired term ending July 1, 2000. Mr. Schmidt so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.p. APPOINTMENT TO THE EDUCATION BOARDs Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 2001. The appointment will be made by Mayor Alperin (Seat #5). Mayor Alperin stated that he wished to appoint Lynda S. Hunter to the Education Board as a regular member to fill an unexpired term ending July 31, 2001. Mr.- Randolph so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.0. REOUEST FOR SUPPORT FOR NEW PUBLIC LIBRARY SITE: Consider a request from the Delray Beach Public Library Board for a statement of support for the placement of a new library at the site located on the south side of West Atlantic Avenue, directly opposite the Tennis Center and east of the County Courthouse. Daniel Murtaugh, President of the Board of Directors of the Delray Beach Public Library, asked for the City Commis- sion's conceptual support for the Library's move to the site on the south side of West Atlantic Avenue, directly opposite the Tennis Center and east of the County Courthouse. The present library facility is inadequate to support a first class collec- tion for a city the size of Delray Beach, and it is not practi- cal to consider expansion at the current location. In June of 1999, the Board sponsored a design charrette that examined six possible sites for a new library. The charrette, participated in by over 150 Delray residents, recommended the site on West Atlantic Avenue as the one that would best meet the library's needs. It is centrally located, would contribute to the redevel- opment of the West Atlantic Avenue corridor, and is feasible from a financial standpoint. Mayor Alperin noted that the staff recommendation was to give conceptual approval to the proposed location, subject to certain considerations. The first being that the City fully supports the expansion of the South County Courthouse and would not support any development scheme for the library on the pro- posed site that would interfere with courthouse expansion. Second, the Library does not own any of the proposed site and the CRA may need to sell the property in order to have adequate -17- 12/07/99 funds available for other CRA projects. Furthermore, the CRA has certain legal requirements which would have to be met regard- ing how it disposes of property. Lastly, since the relocation of the Pineapple Grove Publix is going forward and the Post Office is also planning to relocate, the Library Board should also consider that site on N.E. 2nd Avenue as a potential loca- tion. Jack Callahan, representing the Library, commented that the Pineapple Grove site was considered and there were some preliminary discussions with the owner. The price quoted for the land alone was in the neighborhood of $4 to $6 million which is nearly 70% of what the Library Board thinks the entire project will cost, so that site was basically set aside. There has also been some discussion with the County Commission in terms of the courthouse expansion, and it seems to be the feel- ing that the Library would not be a conflicting use of that site since the County would primarily use it for parking. It is felt that some sort of a shared parking arrangement could be worked out if necessary. As for the CRA issues, Mr. Callahan stated these would have to be worked out as well. One of the reasons for requesting the Commission's conceptual approval is so the Board can then attempt to work on negotiations with the Communi- ty Redevelopment Agency. Discussion by the Commission followed. On question from Mr. Randolph, Mr. Callahan stated the proposed site contains a little over three acres which is just adequate for a two-story building. Of the six sites that were looked at, it is the largest one available. Mr. Murtaugh fur- ther commented that a parking garage would not immediately be required which would help to keep the project cost down. Me felt that over time a parking garage would become necessary and he would hope that a cost-sharing arrangement could be worked out with the County Courthouse. The City Manager stated that the City's position is that we want to see the Courthouse expand. If it does expand the parking will be needed and then we would immediately have to have a garage. Mr. Callahan stated that if the Courthouse does not immediately expand, there would be enough surface parking within the proposed site to meet the Library's needs. However, if the Courthouse does expand there would certainly need to be a park- ing structure. On question from Mrs. Archer, Mr. Murtaugh stated this has been discussed with the County Commissioners and favorable responses in support of the proposed location have been received from them. -18- 12/07/99 Upon further discussion, it was felt it would be desirable to 9et some sort of agreement from the County that they would be amenable to the Library locating on this site. In addition, the Commission made it clear that they do not want to hold up the expansion of the Courthouse for any reason. Concep- tually the proposed location is a good idea, but the details need to be worked out before any definite commitment is made by the City Commission. Mrs. Archer moved to approve in concept the placement of a new library facility on the West Atlantic Avenue site, with the understanding that this does not constitute tacit approval of that particular site but rather approval of pursuit of the concept. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. ;1,2, FIRST READINGS: None 13. Comments and Inquiries on Non-Aqenda Items. ;1.3 City Manaqer. The City Manager announced that State Senator Mandy Dawson will be having a town hall meeting for South Palm Beach County residents on Wednesday, December 15, 1999, from 7:00 to 9:00 p.m., at Pompey Park Auditorium, 1101 N.W. 2nd Street, Delray Beach. The City Manager advised that there are no public hearing items and no first readings scheduled for the December 14th regular meeting. Other than the public comments portion of the agenda, there is nothing that would have to be done at 7:00 p.m. or later. The agenda is fairly light, so it should be a short meeting. The City Manager then read the following thank you note he received from Mrs. Tressie Washington: "Dear Mr. Harden, A note of heartfelt thanks to you for helping to lighten the stress of my having to move from my home of 36 years. Without sincere support, it could have been a much more traumatic experi- ence. I am slowly settling in to my new home, enjoying the quiet community and finding my health improving. Thanks again for everything. Sincerely, Tressie Washington." The City Manager commented that Lula Butler and her staff worked very closely with Mrs. Washington, and he is very proud of the out- come. City Attorney. The City Attorney had no comments or inquiries. 13,C. -19- 12/07/99 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Archer commented that she recently had an opportunity to work with Lula Butler and it was an absolute pleasure to work with her. 13.C.3. Commissioner Wright had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. There being no further business, Mayor Alperin de- clared the meeting adjourned at 9:00 p.m. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of December 7, 1999, which minutes were formally approved and adopted by the City Commis- sion on City Clerk NOTE TO READER: If the minutes you have received are not com- pleted 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. -20- 12/07/99 WHEREAS, each and every school day, hundreds of dedicated individuals whom we call Crossing Guards go to work and ensure our children get to and from school safely; and WHEREAS, we acknowledge that Crossing Guards provide an invaluable service to the community and they receive little compensation and recognition for their tireless efforts; and WHEREAS, we realize that Crossing Guards often encounter adversarial and sometimes hostile attitudes from members of the public who are more concerned with their own persooal agendas than the safety of the children, and WHEREAS, local governmental entities place top priority on child safety issues and awareness and education plays a critical role in ensuring the safety of all involved in the school commute. NOW, THEREFORE, I, Jay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the First Friday in February (February 4, 2000) as "CROSSING GUARD APPRECIATION DAY" in Delray Beach, Florida and urge all citizens to support the observance of this special day and remind all citizens to use due care when involved in the school commute In addition, I encourage all citizens to acknowledge and express gratitude to their local school crossing guards for the invaluable service they provide to the community. IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of January, 2000. JAY ALPERIN MAYOR PROCLAMATION OF THE GOVERNOR OF THE STATE OF FLORIDA PROCLAMING THE FIRST FRIDAY OF FEBRUARY, AS CROSSING GUARD APPRECIATION DAY THROUGHOUT THE STATE. Whereas, each and every school day, hundreds of dedicated individuals whom we call Crossing Guards go to work and ensure our children get to and from school safely. Whereas, we acknowledge that Crossing Guards provide an invaluable service to the community and they receive very little compensation or recognition for their tireless efforts. Whereas, we realize that Crossing Guards often encounter adversarial, and sometimes hostile, attitudes from members of the public who are more concerned with their own personal agendas than the safety of the children. Whereas, local governmental entities place top priority on child safety issues and awareness and education plays a critical role in ensuring the safety of all involved in the school commute. NOW, THEREFORE, BE IT PROCLAIMED BY THE GOVERNOR OF THE STATE OF FLORIDA, that first Friday of February is hereby proclaimed "CROSSING GUARD APPRECIATION DAY" throughout the state, and the governor further urges all citizens to support the local observance of this special day and reminds all citizens to use due care when involved in the school commute. In addition, the Governor encourages all citizens to acknowledge and express gratitude to their local school guards for the invaluable service they provide to the community. BE IT RESOLVED BY THE GOVERNER'S OFFICE OF THE STATE OF FLORIDA, that this proclamation be executed and be presented to all of the state's local governmental entities Governor ~ ,0.1/13/00 12:04 FAX. 561 243 7816 01/13/00 THU 09:30 FAX 561 243 3774 DELRAY BEACH POLICE DEPT CITY CLERK ~ OOl ~ OOl [lTV OF CITY CLERK FAX C0VEI~ SHE~.T 100 N.W. 15x AVENtlE · NAME :~ 1993 COMPANY: DELI=lAY BEACH, ;LOP, IDA 33~.~?. ( 561 ) 243-7000 FAX NUMBER (561) 243-3774 TOTAL NO. PAGES CITY OF DELRAY BEACH C~TY CLERK'S OFFIC~~~ NAME OF SENDER: YOUR RETURN MESSAGE IF NKEDED: IF YOU DO NOT I~ECEIVE ALL T~E PAGES, ~LEASE CALL AS SOON AS POSSIBLE AND ASK FOK TKE SENDER NOT~.D ABOVE. THE EFFORT ALWAYS MATTI~mS WHEREAS, Leo Erbstein has been a constant presence in the expansion and development of the Delray Beach Police Department's Volunteer Program for the past nine years and volunteers more than 60 hours a week for a total of more than 15,000 hours to date; and WHEREAS, Mr. Erbstein has demonstrated a level of Service, Partnership, Integrity, Respect, Innovation and Trust (SPIRIT) to Delray's Police Department and our citizens that is unmatched by anyone; and WHEREAS, because of Leo's high-spirited enthusiasm and commitment to crime prevention and personal safety, our citizens are better informed and live in a safer community; and WHEREAS, Mr. Erbstein has received state and national recognition including the following awards: 1993 R.S.V.P. Significant Service to Community 1993 Community Service Award 1993 Prime Time Award-Outstanding Senior Volunteer 1994 Crime Prevention Volunteer Award-Most Outstanding Voluntaer State of Florida 1995 Palm Beach County Crime Prevention Officers Association Award- Lowering Crime in Delray Beach C.O.P. areas 1996 U.S. President's Award 1997 City of Delray Recognition Award 1997 U.S. President's Award 1997 Florida Commission on Community Service-Sears Good Hands Award 1997 United Way-J.C. Penney Award ($1,000.00) 1997 Foundation for Improvement of Justice Award ($10,000.00) 1997 Senator Claude Pepper Award ($15,000.00) 1997 C.B.S. National Television and French National Television Exposure 1998 U.S. President's Award NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Flonda, on behalf of the City Commission, and the Citizens of Delray Beach, hereby extend our heartfelt thanks and appreciation to MAJOR LEO ERBSTEIN for his exemplary service to the City of Delray Beach and acknowledge the contributions he has made to his community. Mr. Erbstein exemplifies that an individual can make a difference and improve the quality of life in a community. IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of January, 2000. JAY ALPERIN MAYOR 12/08/99 WED 10'39 FAX 15616883986 Communlt~ Inv Team ~]001 FAX NUMBER: NUMBER OF PAGES TRANSMITTED: (including the cover page) FROM:. COMMENTS: If you do not receive this FAX in its entirety, please call (561) 688-4191. Thank you. HEADQUARTERS 322,60~IN CLt~ RD, WEST PALM BEACH, FL ~4~6-;~01 (561)6es.Qooo DIS'tRIer ~.28 OUN CLUB RO. '1000 JAMES LTURNA. GE BLVD. WEST PALM BEACH, FL $..~106-3001 ~ST PALM BEACH. FL 33406, . (581) 688,r,.~t00 (5~1) 471-7450 I~SOIOI~ REV. DLS'I'~IC'I' III DIS'[RlCT IV e13o JoG gO. 345 $O, CONGI~SBAYE. WEST P.,~L.la BE/C..H, FL. 3.'T4 t 2 (s61) ?76.2e(x) ~1) 274.1o?s httpY/legal,flm.edu/sheriff/palmbch .,.~.',)~,~-r~,6o ~. :,. ,. 38840S.RS0".. ~,J'-:',,,' ' 3228GJ~(~,tJBaO. BELLE GLN)E, FL ~430 WEST~ALM 61 :'A CH, FL ~'~406:3001 (561)996-1670' 12/08/99 WED 10:40 FAX 15616883986 Commtmlty Inv Team ErbStein is t p CO tolunt:eer .The 85-year-old Delray Beach man helps out police 60 lxxas every week B~' Sr~E OR~ZCO STAFF WRITER Leo Erbstein can't wait to put on his police uniform and report for volunteer duB- the Delray Beach Police Department. lt's what keeps this 85-year-old Delray Beach resident going. 'I'm Ured in the morning, but when I put the uniform on it's instant rejuvenation,' says I/rbsteln who boasts he feels more like a 30-year-old. Mmost every morning for the past nine years, Erbstein has volunteered his tim'e helping the police department and bringing down the area's crime. He volunteers more than 60 hours a a eek for a total of more than 15,000 hours to date. Considered one of the most decora.ted volunteers in the nation with more than a dozen awards of recognition, Erbstein's dedication recently earned him 9ne more distinc- tion: the ChieFs Achievement Award. After traveling all over the world working for a men's ~portswear designer, Erbstein retired at 57. But after three- a'eeks of dolng nothing. 6rbstein decided retirement ;vasn't for him. '1 wouldn't sit on my butt.- ~e said. He ~;olunteered 1,500 hours ~ the Delray Medical Center ~efore giving his time to the 0olice dephrtmeut. Erbstein ;vas first put in charge of vail- 1at. lng FBI. and Florida Department of La'a' gnforcement reports. It was his responsibility, to :ollow up on 300 to 400 tnci- lents a day. He noticed many {tolen ilar reports:" ~We ought to have some t3-pe Leo ~ 85, sa~ he feels 'instant rejuvenation" every time he puts on his uniform for dLrty with Delray Beach Police Department A k ng mre of community smdce The foliofiing are just some his recognitions as a police vol- unteer. [] .',test Outstanding Volunteer State of Florida - 1994 · Palm Beach Count),- Crime Prevention Officers Association Axxard- 1995 · President's Award- 1996, 1997, 1998 · Senator Claude Pepper Award ($15,000) - 1997 of community patrol.' Erbstein said in telling how he came up with the idea to start the Community Observer Patrol program in 1992. Within six months, the COP program developed into a force of more than 650 volun- teers It now bas more than 1,000 senior citizen volun- teers in 21 COP' patrols and nine other voIuhteer units. ~It's become my life's work,' Erbstein said. The volunteer units at thc Deiray Beach Police Department have received national and international attention. It was one of the first dcpar merits lo launch th CommuniW Observer Patrol. communib- policing effort ru by volunteers Delray Beach Pot~ce Chit Richard Overman said the ~'o unteers are an asset to th department because they tak care of the thirgs the~ need t be done like paperv, ork an park/rig tickets, so officers ca fight crime. 'They step up to the plat and do thin~ that still need t~ be done and ~,~e the city a of money and generate a lot o money too, through parkim enforcementY £~,'erman surd. He said he s especiall' Impressed with Erbstein's ded ication to the department the many recognitions he ha.. received. 'Leo's racked them up, Overman sai~ 'He's the ener ~' and leadership behind th( (community policing) patro movement.' In addition to ~upemsing th~ COP patrols. Erbstein is also parking enforcenent voluntee~ and mans the beach sateliit~ station with his wife, trina, o~ Fridays. 'The only way to get m? attention is if (Irma) uniform.' jokes grbstein, is about to celebrate his 60ti wedding _annh'e~,ars'. Irma Erbstetn doesn't mine all the time r. er husban~ spends as a police volunteer. 'If he's happy l'm happy,'I she says. 'He's the kind man that must hm-e somethin~ to do and it's nt;ually for the communiD'.' And Erbsteln_sa)~ for as lon~ as he is alive, he wil/continue to volunteer with the polic~ department. 'We are not th,~ lonely peo~ pie ~ho sit by the window watching the world go by,' he says is his motto ~'or the police volunteers. "I look forwa~ to each ney, day,' grbsteln sitys_ "You never know what the day ma3 brina - Communit~ Inv Team ~003 12/08/99 W~ED 10:42 FAX 15616883986 - F-~ .;? ;', .' .' .' .' .' .' .' .' .'TE C R'T:' RESPECT CHIEF'S ACHIEVE.MENT AWARD 1 VOLUNTEER LEO ERBSTEIN Duri~ the past sexen J~ ~eam. Mr. Erbstein has demonstrated a level of scm'ice, dedication, and I. gal~ :~ our citizens ~nd pohce ~enQ iha~ i~ unmatched by anyone. ~cause of h~s high-spirited enthusiasm ~nd to crime prevention and ~mon~[ s2fe~-, our citizens are ~tter infomed and ~i~e in a safer commemt, H'~ state ~nd national ru~c~nidon si~mfi~ ~h~ ~ quah~ individual he is ~nd ~bat he me~ns to our o~ani~ti,n In 19~, ~ [~s[ein j~ined th~ Police ~pa~ment as a ~olunt(~r after gi~i~ 15~ houm to the ~lm> M~ical Center. in 1~2, Mr Erbstdn stam,~ ~he C.O.P. Pr~mm ~hich developed into a force of mcr 1~-"3 ~olunt~m in 21 C.O.P. Patrols and 9 other volunteer un[rs. Crime has gone down in ~11 active C.O.P. areas. AWARDS 1993 ~S.X .P. S~nifimnt ~m'ice to Communi~' 1993 Commum~ ~m-ice Aaard I~3 Prime Time A~ ard - Outstanding ~nior Volunteer 1~4 Creme Prc~enti~m ~ olunt~r A~ ard - Mo~t Outstanding Voluneeer State of Florida (Florida Attorne5 ~neml Robe~ A But~emu~h) 1595 Palm ~*ach Coun9 Crime P~ention Officem Association A~rd - Chine in 1~t~5 ~dCh C.O.P ~reas 1996 U S President's Agard 1997 Ci9 of ~-l~y ~-2ch Rec~ni~mn A~ard 199' U.S. PmsidenCs A~ard 1997 ~ofida Cummission on CommuniD' ~mSce/~a~ G~d H~nd~ Award 1~7 Unit~ XV~WJ.C. Penne5 A~rd ($1,~.~) 1997 Foundafi~,n for Improvement of Justice Award (SI0,~.~) I99- ~n~tor Claude Pep~r A~rd 1997 C.B.S. National Television and French National Television Exposure 1998 U.S President's A~ard 15,~ houm ~olum~red to the ~tmy ~ach Police ~ps~ment Your d~mfion and compas,ion exempli~' the tree S. ~I.~1. [ of the ~lmy ~ch Police lhis 21~ ~ay of September 1999 Chief Richard G. Overman WHEREAS, Sandra Eriksson has served as Director of Golf at the Delray Beach Municipal Golf Course since January 12, 1992; and WHEREAS, Sandra has brought national attention to the City of Delray Beach and Palm Beach County through her outstanding efforts and dedication for the past eight years; and WHEREAS, under Ms. Eriksson's leadership, the Delray Beach Municipal Golf Course was recognized by Golf for Women magazine as one of the top 100 women- friendly facilities in the nation in 1998; and WHEREAS, also under her leadership, the Municipal Golf Course implemented a junior golf program that allows children to play for free, an under-17 junior tournament, and a Nike junior camp that will begin this year; and WHEREAS, the Ladies Professional Golf Association, Teaching & Club Professional Division, named Sandra Eriksson as the 1999 LPGA Teaching & Club Professional Southeast Section Golf Professional of the Year and also the 1999 LPGA Teaching & Club Professional National Golf Professional of the Year, and WHEREAS, the City of Delray Beach, and especially our youth, owe a deep gratitude to Sandra for her commitment to improving their quality of life; and WHEREAS, Sandra Eriksson has set a standard for all golf professionals to follow and is to be commended for her hard work and enthusiasm. NOW, THEREFORE, I, Jay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend SANDRA ERIKSSON for her achievements and dedication to the game of golf for which she has rightfully and deservedly been acknowledged by her peers. IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of January, 2000. JAY ALPERIN MAYOR 01/06/2000 04:58 5612437386 DELRAY BEACH GOLF CL PAGE 01 Date:/ -~ ~o - q' ff' Time: to: /3~¢~~ ~ho~e: Fax From: Phone: (561) 2 Fax: (561) 2 Re: CC: Number Of pages including cover sheet: Message:! I I IIIIII 2200 Ilia, bland Avenue Delray Beach, Florida 33445 (561) 243-7064 Fax: (561) 243-7386 JAN 0 6 2090 43-7064 t3-7386 ) Lad PATTI IEN$ON JOYCE WILCOX VIce (7;'0) ~16-8307 (770) 919-8954 84:58 5612437386 DELRAY BEACH GOLF CL P r o f e , s'f o n' a ! G o I f A Southeast Section TenchlnR & Club Professional Division December 31, 1999 C')n behalf of the LPGA Teaching & Club Profea~tonal ~outheast Sectt~ I would like to betnoo .voted as the 1900 LI~rA T & CP Southeast Sex Profe~ tona! ofttxe Yin, axxd ~I_~0 the lOgO0 LPCxAT (3olf Professional of the Year[ y, our peexs have acknowledged your h~rd work and the galme of golf, and you have received the deserve. We are very pm~d of you liolds for yom With your example of courage mtd golf, and In your life, you will most eext~a!~nly insptre z We wish you ail of the best and hope tlfls honor brin Pa~i B~nnon Southe~mt Section Pre~id~nt PAGE s o c i a t I 0 n the honor of tlon Golf CP National edieation for )r which you so ,~t thc future s you joy and 02 Boca Raton News, Tuesday, December In the swing of things: Sandra Edksson, the director of golf at Delray Beach Golf Club, i.a. te bloome - , ~ of the Year by the LPGA. ~nksson Wins nationa- ~r w!n$awa ~,~,~ 1 honor t~r teac 8T~ ~T~R ~,~ ~e~ ~. hing golf So s~e aP~lle~ ~o ~he National Goff Assoeta~lon and DELRAY BEACH GOLF CL PAGE one ,and I 'usually get tp- im~t try to said. Meg ,Bell and An- were among :out lastJ~6~r,'. ,! En3rlsson is the seco'nd con- ' e Pr fessio~al ot me ~e ih 9. ' 's Award, ~llowtng PGA National 'r"ane Br~dericl/- ' ',i .In &Odilion to l~riksson, other. ' Fort Wi>rth, Teacher_of th.e.Y.,ear, Kathle4n Teichert of the umver- ~ oi i Mic .'.1~.., 'C.~.ach of. the Yea~, Betty Ricks. ~aea Grifia Buy will'be s6ld · WO~lhesday. roi- more ~r'~ ,A~d; ~, ~a~ , ~, ~1~ a~ , ~e We~b, Komcn oi~s but it was. a tossup as ~to nier, Fair or Betty Hicks. Hicks, who has .s~rv~d 'the LPGA.'In. ttight instna:tor as w.e~ as.,a g~_.~ teacher. She Cumglea,up me f~rence by saying; 'I've never had a woman.pilot _come to me and say, ff. think Iq_l just learn oa my Teh-LPGA playarg, including Hall of F~rae~ Nancy Lope~ and Pat Bradley, are Scheituled to ipat_c, in _t!l.~/_~l~rnat~'sh°t ' pla~;~ill' ~'i/~:on the' 10th t.'e. e th.e- ,',~g~d'~.' Orse.," Five 't~o.player teams ~il,~e longed b~ blind draw at ~e tee. ~ at. ?¥ Cpi; DELRA',' PROCLAMATION BEAGH GOLF CL PAGE ~2 WHER.EAS, Si. ANDRA ERIKSSON has served as Director of Golf at Delray Beach Golf Club sirtee Jan',nary 12, 1992. : WHEREAS, S~NIDRA ERIKSSON has brought National attention to the City of Delray Beach a[td Pa ~l~n Beach County through her outstanding efforts and dedication for past 8 y,~ars. WHERE^S, tt Sandra tbr her WI-IE~AS, S. follow, I, Jay Alperin...' ............... .e City of Delray Beach, and especially ottr youth, owe a deep gratitude to :o~mnitment to improving their quality of life ~2'I'DRA ERIKSSON has set a standard for all golf professionals to U:p\bd\pri5 clanmtion eriksson Delray Beach Golf Club 2200 Highland Avenue Delray Beach, FL 33445-8701 561.243.7380 fax: 243.7386 To: From: RE: 12/21/99 ALISON HARTY, CITY CLERK BOB BARCINSKI, B. DUBIN Sandra Edksson, D~rector of Golf Agenda- City Commission, January 18, 2000- City Golf Championship Awards We would like to request placement on the Commissione¢s meeting Tuesday, January 18. Of course,I 'eady' on the agenda would be great~ At this session, we would lIke to present the City Championship Awards. The following individuals will be receiving awards: Men's Delray Beach Champion City Champion First Flight TROY WHEAT, 146 RANDY MORCROFT, 155 GARY SWIATLOWSKI, 164 Women's JENNY KUIVAWE, 154, KOTA FINLAND* DOROTHY DINGLE, 180 CAROL BRUNSTING, 186 Second Flight Seniors FIRST SECOND Super Seniors First Flight RON CONSIGLIO, 175 NICK CLARK, 148 GERRY LAFFIN, 165 JIM WARREN, 188 ROY SEABERG, JR ,164 RUSSELL KEEGAN, JR., 172 *Will not be ava/lab/e, returned to Finland If okay, please confirm SHIRLEY WOLFF, 182 MADELINE TRANSLEAU, 201 Thank you! Have a very merry new millennium to you and your family. 12/18/99 Confidential PRESENTATION: City Employees Choice Awards City employees were invited to vote for their favorite selections in the Delray Art League's City Employees Choice fine art exhibition currently on display in the Gallery at City Hall. This year, 33 artist members of the Delray Art League participated in the exhibition. Certificates of Recognition are being presented to the winning artists selected by the City employees. F d , ] GALLERY AT CITY HALL presents the DELRAY ART LEAGUE "City Employees Choice" Exhibition Exhibition: Reception: Awards Presentation: December 7, 1999 - January 19, 2000 January 18, 2000, 5:30 P.M. January 18, 1999, 6:00 P.M. · City employees are invited to cast ONE ballot per person for their favorite pieces of artwork in , the exhibition. Duplicate ballots from the same employee will become invalid. · Cast your ballot December 10, 1999 thru January 15, 2000. Deposit your vote in the Ballot Box located on the reception desk in the City Hall lobby. · All ballots must be signed by the City employee. Those not signed will become invalid. · Be sure to view the entire exhibit! Artwork will be on display in the City Hall lobby AND the second floor corridor. YOU BE THE JUDGE.* I select the following as my choice for: FIRST PLACE: · SECOND PLACE: · THIRD PLACE: · HONORABLE MENTION: IT' S YOUR CHOICE.* (Name of Artist) (Art~vork Title) (Name of Artist) (Artwork Title) (Name of Artist) (Artwork Title) (Name of Artist) (Artwork Title) CITY EMPLOYEE' S NAME DEPARTMENT , 1 * OIF]F][C][A\L BA]LILOT ~* O]?]?][C][AkL BAkILILOT ~* MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSION CITY MANAGER Y AGENDA ITEM # o~A; -REGULAR MEETING JANUARY 18, 2000 FINAL PLAT APPROVAL/THE DANZANSKY PLAT JANUARY 11, 2000 This is before the Commission to approve the final boundary plat for The Danzansk~v Plat a proposed Publix Shopping Center to be located on the south side of NE 6''' Street between the Federal Highway pairs (NE 5th Avenue and NE 6th Avenue). The site contains 3.557 acres. The Planning and Zoning Board approved the plat on May 19, 1999. All technical and staff comments were addressed and the plat is ready for approval. Recommend approval of the final boundary plat for The Danzansky Plat. Ref'agmemo danzansky Agenda Item No. ~ Request to be placed on: X Regular Agenda Special Agenda __Workshop Agenda Date: Jan. 5, 2000 When: Jan. 18, 2000 Description of item (who, what, Boundary Plat for The Danzansky addressed. where, how much):Approval of the Plat. Staff comments have been ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Boundary Plat for The Danzansky Plat. ~~ ~~ 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/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~E~/NO~4// Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Publix file:s/engadmin/tac/Publix/ag011800.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engine January 5, 2000 The Danzansky Plat Please find an agenda request for Commission approval of the boundary plat for The Danzansky Plat attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by the Planning and Zoning Board on May 19, 1999. If this meets with your approval, please place it on the January 18, 2000 Commission meeting for Commission approval. Encl. File: cc; TAC: S:/engadmin/tac/publix/agmemo.doc Randall Krejcarek, P.E., City Engineer Paul Doffing, Principal Planner Scott Pape, Senior Planner Publix : ....... N.~. ', GEOR GE BUSH BOU ~VARD GEOR~ ~ ,~ .. o 'o N.E. 4~ ~ ~~' __ -~ ~ ........ ~........ ~ ~ C~ °' DEL~Y BEACH ~6 OANZANSK? PLAT ~~~ ~ ~~ LOCA~ON MAP DANZANSKY MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSION CITY MANAGER ~ AGENDA ITEM # z~- -REGULAR MEETING JANUARY 18, 2000 DATE: FINAL PLAT APPROVAL/LOST DRIVE-IN JANUARY 11, 2000 This is before the Commission to approve the final boundary plat for the Lost Drive-In located on the east side of North Federal Highway north of Kokomo Key. The site contains 7.78 acres. The Site Plan Review and Appearance Board approved the project on July 27, 1998. All technical and staff comments were addressed and the plat is ready for approval. Recommend approval of the final boundary plat for the Lost Drive-In. Ref:agrnemo Iostdnvein Agenda Item No. ~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Jan. 5, 2000 When: Jan. 18, 2000 Description of item (who, what, where, how much):Approval of the Boundary Plat for the Lost Drive-in Plat. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomm~ds approval of the Boundary Plat Lost Drive-in Plat. Department head signature: for the 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/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Swap Shop file:s/engadmin/tac/Swap Shop/ag011800.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Enginee January 5, 2000 Lost Drive-In Plat Please find an agenda request for Commission approval of the boundary plat for Lost Drive-In attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by the Planning and Zoning Board on July 27, 1998. If this meets with your approval, please place it on the January 18, 2000 Commission meeting for Commission approval. Encl. File: cc: TAC: S:/engadmin/tac/Swap Shop/agmemo.doc Randall Krejcarek, P.E., City Engineer Paul Dorling, Principal Planner Ron Hoggard, Senior Planner Delray Lost Drive In I:JLItl Iil / I j' ~- GULFSTREAM _ __BOULEVARD t...~_~___,. 'F ' L , , ~~ '-~- --.. ~ .~~~ /' , / / ",-~ , , ~ , ' , ,, -.__ -._ ~ ~. ./~ , . ~ / / . ._. ~. : ; I , ~ ,, -. . --.~ ~-~ i , ,, ~ / /'~ ~..~~ r I~~ "--~. ~~ ~ ~ / / ,, ~ /~ r~l~ ~/ ~_ ~__ '~.~ , .~_+_.~~ /.. I ~ [ ~ ~.::~ f I ~//~~///////////~ ,' ,' .',' ' f ---~ I ........ ~ / ~.-~ _ ~/ --~ m -'~, I h~~ --, ~ ~'-'l · I I I i t I ' I I ' t ~ '" t i , , , ., / ~~ -- _ , ~ ,.~Nu~ N. ,, I ., "-.. ~. .... CITY of DELRAY BEACH LOST DB~-IN P~T E~ON~NT~ SER~CES DEP~T~ENT LOCATION ~ ~ ~ ~, o~y ~ ~ ~ 9~-8oo 1 0F I I~I'~Trt'"fflTIT1TI II~?rff: Iii.. ,, ;i :' i{ .Il 2& 97' I I I ! / ! I TO: THRU: FROM: SUBJECT: DAVID T. HARDEN CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SCOTT PAPE, SENIOR PLANNEI~~ MEETING OF JANUARY 18, 2000 ACCEPTANCE OF CROSS-ACCESS EASEMENT, OFF-SITE PARKING AND LANDSCAPE MAINTENANCE AGREEMENTS ASSOCIATED WITH THE TOWERS CENTER COMMERCIAL PLAZA. The action requested of the City Commission is acceptance of cross-access easement, off-site parking and landscape maintenance agreements associated with the Towers Center commercial plaza, located on the east side of SE 6th Avenue (Federal Highway), approximately 245' south of SE 8th Street. At its meeting of December 17, 1999, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for Towers Center subject to conditions. The applicant is required to enter into an agreement to maintain and irrigate the landscaping on the west side of the SE 7th Avenue right-of- way in lieu of planting all of the required landscaping on the Towers Center property. Furthermore, the applicant is required to enter into an off-site parking agreement that essentially dedicates the use of two parking spaces on the adjacent Mayfair Plaza property to Towers Center. This agreement is necessary as the two parking spaces were counted toward the required parking for the Towers Center development plan. The dedication of these spaces does not adversely affect the parking ratio for the existing Mayfair Plaza. The cross-access easement is necessary to provide access to these parking spaces. Finally, the Board approved the site plan subject to the City Commission's acceptance of these agreements. By motion, accept the cross-access easement, off-site parking agreements and landscape maintenance agreements for Towers Center. Attachments: Location Map Reduced Site Plan Cross-Access Easement, Off-Site Parking, and Landscape Maintenance Agreements S.E. 6TH ST 7TH SE. ST. BARNETT 5TH AVE GRILL S.E_ 9TH ST. 10TH ST. CONDOS EXECU TI VE QUARTERS BARRTON APT CONDOS CHURCHILL CONDO S E. BTH ST 0 h- Z tTAMARIND --FLORANDA TRAILER PARK S.E. 12TH RD. PLAZA AT DELRA Y HARBOUR ( SIDE N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT TOWERS CENTER -- DIGITAL BASE 4~P SYSTEM --- MAP REF: LM336 I I I I I! CROSS ACCESS EASEMENT AGREEMENT This Cross Access Easement Agreement is made on the ,2 '7 day of January, 1999 between Eli & Raymonde Behar, ("Behar"), and 885 REALTY GROUP, INC., a Florida Corporation ("885 Realty"). WITNESSETH: WHEREAS, BEHAR is the owner of that certain real property located Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Behar Property"), and WHEREAS, 885 REALTY is the owner of that certain real property located in Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "885 Realty Property"), and WHEREAS, BEHAR and 885 REALTY are adjoining land owners and desire to establish a perpetual nonexclusive cross access, ingress, egress and ut~hty easement over, across, through, upon and beneath that porbon of the BEHAR Property and the 885 REALTY Property as described on Exhibit "B" attached hereto and made a part hereof (the "Easement). NOW, therefore, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BEHAR and 885 REALTY hereby agree as follows: 1. BACKGROUND. The recitals set forth above are true and correct and are incorporated herein as fully set forth at length. 2. GRANT OF EASEMENT. BEHAR and 885 REALTY, hereby grant to themselves, any utility companies, their successors, assigns, invitees, tenants and guests the Easement over, cross through and under the BEHAR Property and the 885 REALTY Property for the purpose of providing vehicular and pedestrian access, ingress and egress, and utility service to the BEHAR Property and the 685 REALTY Property. 3. ATTORNEY FEES. In the event of a dispute or litigation arising as a result of this agreement, the prevailing party shall be enbtled to recover ~ts reasonable attorney fees and cost from the non prevading party through all trial and appellate levels. 4. MODIFICATION, AMENDMENT OR TERMINATION. This Agreement may not be modified, amended or terminated without the prior written approval of BEHAR, 885 REALTY or any of their successors and assigns. 5. MISCELLANEOUS. The Easement and the rights and covenants contained herein shall run with the land and shall be binding upon and inure to the benefits of the parties to this Agreement, any ubl~ty companies and their respective successors, assigns, invitees, tenants and guests. IN WITNESS WHEREOF, BEHAR and 885 REALTY, intending to be legally bound, have caused this Agreement to be executed as of the day and year first above written. Signed, Sealed and Delivered in the Presence of: ~ ~'c.l,~_~ t q, ~--f/-- Print Name: Pri~~~ y ar) 885 REALTY GROUP, INC. a Florida Corporation By: ,Terry R. Eichas Title~ ~ ~';',_L~ ~ / STATE OF FLORIDA COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this ~'"1 day of January, 1999, by Eli & Raymonde Behar, who are personally known to me or have produced a drivers license as idenbfication Notary Public- State o¥ Florida Print Name~h~¢~ R.'7"h~ b,¢,~¢- STATE OF FLORIDA COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this ,3'q'¢~ day of January, 1999, by';r'~-/..~-Y~ ~t~/,',~--r , as the of 885 REALTY GROUP, INC., a Florida Corporation, who is personally known to me or has produced a drivers license as idenbfication. Notary Public- State of~Clonda Print Name":-~. r b,~c,. ~'I'HI~U ~ 1.888-.NOTARY1 EXHIBIT "A" BEHARPROPERTY Lots 3 & 4, in Block 2, of RIO DEL REY SHORES according to the Plat thereof, as recorded in Plat Book 25, Page 5 of the Public records of Palm Beach County, Florida. 88,5 REALTY PROPERTY MAYFAIR ALL OF PLAT, as recorded in Plat Book ,~6, Page 22 of the Public Records of Palm Beach County, Florida PREPARED BY: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Defray Beach, FL 33a. d OFF SITE PARKING AGREEMENT THIS AGREEMENT made this between p'L'_Li address day of , , by and ~ta~ (,, ~I{~C~ ), whose address is f4~L¥.,/ (~ e, ~c ~, ~z~4~a whose , ~d ~e CITY OF DEL~Y "~Lc~O,-,t O,~ac~ t'zt. BEACH, FLORIDA (the "CITY"). WITNESSETH: WHEREAS, ~[.i ~-~(~t~)f 0l:-I~qs the owner of certain real property situated in the County of Palm Beach, State of Florida ("the Property"), more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference; and WHEREAS, ~?ff ~P~LT,/ is the owner of a portion of the property more particularly described in Exhibit "B'; and WHEREAS, ~b~ ~ 0 ~, wishes to make provisions for the use of the property described in Exhibit "A" as a parking lot to be used by g8 5' (~-/q)-- ~-~ ; and WHEREAS, it is the desire of Cfi l~q-('d,, and ~gt)" I'~]~LY',/ to each operate and maintain their respective properties with integration of certain common areas for their mutual benefits as to parking. NOW, THEREFORE, for good and valuable consideration, _,Z79¢ C6£~tt-l-I hereby agrees as follows: 1. ~)~ ~ t<~ and ggG fl~OIA-7 herebyagreeasfollows: A. ~-~Y3 I~. shall maintain the parking lot in a neat, clean and sani.tary condition, free from all garbage, trash, litter and debris and provide whatever maintenance is required thereon, including, but not limited to asphalt repair or repaving, and painting lines thereon to clearly mark the parking spaces. event 63£ ever sells, tr fers, or otherwise B. In the disposes of the property described in Exhibit "A', it is agreed that the parking spaces shall be provided elsewhere by ~-I~ (~, in accordance with the then current regulations pertaining to parking which exists at the time of transfer, sale or disposal referred to above, subject to CITY approval. 4. This Agreemem shall not be terminated, altered, limited, changed or modified unless in writing, signed by all of the parties hereto. This Agreement shall be binding upon, and run to the benefit of, each party, its successors, assigns, or heirs, as the case may be. This Agreemem may be enforced by any of the parties hereto, including but not limited to the ~'~ ~ ~B ~.. In the event this Agreement is ever revised, bear the expense of recording said revision. This Agreemem shall be recorded, the expense of recording to be borne by 2 6. Each party, except the CITY, shall pay all real property taxes, charges and assessments levied or imposed on the real property and all other taxes as may be imposed on the property. 7. For good and valuable consideration, ~'~'~'~' '~o~[~flf~.6 ~lo). and ~ ~OL~y shall, and hereby agree to ~de~ and hold ~e CITY h~ess from and aga~t any ~d all jud~enB, ~ages, cla~s, demands, losses, liabilities and o~er costa ~d expe~es, ~clud~g reasonable auomey's fees ~c~ed ~ ~e defe~e ~ereof, ~at may be ~cu~e~ by reason of any loss, d~ge or ~juu m any person or prope~ result~g dir~tly or ~dkectly by reason of ~e use and occupancy of ~e par~g spaces, or by ~e reason of ~e act, or failure to act of ~ ~ and ~g~ ~sCLT~ or its agems, employes or r~resenmtives, and ~er shall, and hereby agree, m ~de~ ~d hold ~e CITY h~ess fora ~d aga~t any and all losses, cla~ demands, costs, and expemes m w~ch ~e Ci~ of Dekay Beach may become subject by reason of ~e hilure of ~q~ or ffg~ ~L~ 7 to peffom or obse~e ~y coven,S, tern, condifiom ~d provisiom hereof. 8. ~e C~, by enter~g ~to ~s Agreement, has no obligation to provide ~te~ce, nor d~s ~e C~ ac~pt ~y liab~iW associamd wi~ ~e use of ~e p~g lorn whatsoever. ~e C~'S ~terest is solely to as~re i~ code of ord~n~s regmd~g ~e nm~r of requk~ p~g spaces is met. IN ~TNESS ~E~OF, ~e p~ies hereto have executed ~ese presen~ and awned ~eir sales hereto as of ~e day ~d year f~st above wriaen. 3 Print ll~m~.· r ~ it./c Print Name: ° STATE OF FLORIDA COUNTY OF PALM BEACH Print ~ame: ~,.2 0.~~ _The foregoing instrument was acknowledged before me this ~ day of ~~ , 199 _~y ~./~o ~ , who_..2is e.p..g~ally known to me or who"~as produced' as identification~.~~,~7~ ~q.r, vO,, RICK A ~I~TURN| Signau~ o~ Notary Public- State g ~.'~III~.~ ~: C0575497 ! of Florida OF ~.O AUG ~ '"'---~"---' OWNER Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The.foregoing instrument was acknowledged before me this'2f__) day of ~ , 199~._ by'~"[CfT~ t~ ~ , who is personally ~.0~vn.~.~.~r who has produced as identifinatlr, n - - I [~o\,~%,E o~ co~s.o~ .u~.t. I Signa~ture of Notary Public I~ ~k,l~;i & CC575497 I ATTEST: [ . ....... . CITY OF DEL~Y BEACH, FLORA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney offs]re.f tm LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT made this ~l'~aday of [_-~l~_.fl~_J~f , Iqqq, by and between the City of Delray Beach, Florida ("City") and Eli Behar ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance, the Owner shall be allowed to install landscaping materials in the right of way of abutting to the Eastern property line of Lots 3 and 4, Block 2, Rio Del Rey Shores, a Subdivision as recorded in Plat Book 25, Page 5, in the public records of Palm Beach County, Florida, pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive, or any other type of abandonment by the City of the public right-of-way of abutting to the Eastern property line of Lots 3 and 4, Block 2, Rio Del Rey Shores, a Subdivision as recorded in Plat Book 25, Page 5, in the public records of Palm Beach County, Florida; and, WHEREAS, the City reserves the fight at any time to utilize the right-of-way for fight-of-way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to 2 mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) priming such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fell below original project standards. Ail plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscape areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but axe not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way abutting to the Eastern property line of Lots 3 and 4, Block 2, Rio Del Rey Shores, a Subdivision as recorded in Plat Book 25, Page 5, in the public records of Palm Beach County, Florida, or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Record of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreemem to be duly executed on their behalf this day of , ~ ATTEST: CITY OF DELRAY BEACH, FLOR.IDA By: City of Clerk Jay Alperin Mayor Approved as to legal form and sufficiency: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of__ , , by Jay Alperin, the Mayor of the City of Delray Beach, Florida, who is personally known to me or has produced as identification. WITNESSES: · · STATE OF FLORIDA COUNTY OF PALM BEACH Signature of Notary Public - State of Florida I HA Eli'B~har, Owner 7'2'-- The foregoing instrument was acknowledged before me this cQ~'~day of ]~'T_t~Dg2 l~q~q, by Eli Behar, the Owner, who is personally known to me or has produced as identification. Signature of Notary Public - State of Florida 5 o NOTES: 1. ~LESS IT BE~S T~ SIGNATURE AND THE ORIGIN~ ~ISED SEAL OF A FLORIDA 6~" LICENSED S~VEYOR AND MAPPER ~IS SKETCH IS FOR INFORMATION~ PURPOSES ONLY. 2. ELEVATIONS ARE BAS~ ON NATION~ GEODETIC VERTIC~ DAT~, 1929 (N.V.G.D., 1929.) 3. BENCH MARK ~FE~NCED TO CI~ OF DEL~Y B~CH BENCH MARK 4A, ELEVATION 14.41. LEG~ DESCRIPTION: LOTS 3 AND 4, BLOCK 2, RIO DEL ~y SHO~S, A SUBDIVISION ~ ~CO~ED IN P~T BOOK 25, PAGE 5, IN ~E PUBLIC ~CO~S OF PALM B~CH COUNt, FLORIDA. CERTIFICATION: I HE, BY CERTI~ ~IS SKETCH AS SHO~ ~ON ~P~SENTS A SURVEY MADE U~ER DI~CTIONAND TO BE TRUE AND ACCURATE TO THE BEST OF ~ ~O~EDGE AND BELIEF. SUBJECT TO ~SEMENTS AND RIGHT-OF-WAYS OF ~CO~ AND ~ETS THE MINIMUM TECHNICAL STANDARDS OF RULE ~61G17-6 OF T~ ~ORIDA ~MINIST~TIVE CODE. NO. 2322 DATE OF BOUND~y SURVEY WITH ELEVATIONS: AUGUST 18, 1998 GENTRY ENGINEERING & LAND SURVEYING, INC. P.O, BOX 243 DELRAY BEACH, FLORIDA 33444 (561) 272-1924 i ~T ~ ~ ,® ,® TO: THRU: FROM: SUBJECT: DA~ T..HARDE~N~CITY MANAGER D~~~'I'~NING AND ZONING PAUL DORLING, Pl~l~ClPal PLANNER MEETING OF JANUARY 18, 2000 ***CONSENT AGENDA *** APPROVAL OF DEP CONTRACT NO, 99PB2, FOR FUNDING RELATED TO THE YEAR 2000 BEACH NOURISHMENT PROJECT The action requested of City Commission is that of approving DEP Contract No. 99PB2 between the City and the Florida Department of Environmental Protection (DEP) for the state's cost sharing of the upcoming Beach Nourishment Project. The proposed contract represents a project agreement between the State and the City of Delray Beach for state cost sharing not to exceed $1,373,274. The contract period runs from the contract's execution date to August 1, 2003 and covers the state's share of sand placement and related tasks through the year 2002. The state has determined that 100% of the project length is eligible for cost sharing. This differs from the previous appropriation (1992) in which 88% of the project length was determined to be eligible. However, the state reimbursement share has been reduced from the prior 75% of the non-federal share to 50% of the non-federal share. The end result of these two factors results in an increase in the local share from 14.85% to 21.8% of the project costs. Currently, the County funds the entire local share of project costs under an interlocal agreement. The County's obligation under the agreement is contingent upon an appropriation by the Board of County Commissions in its annual Fiscal year budget. An appropriation request for the entire local share has been submitted to Palm Beach County Department of Environmental Resource Management. The contract has been reviewed and approved as to legal form by the City Attorney. By motion, approve DEP Contract # 99PB2 between the City of Delray Beach and the Florida Department of Environmental Protection (DEP), for the state's cost sharing of the upcoming Beach Nourishment Project. Attachments: · Contract #99PB2 S:\adv\beach\contract00 DEP Contract No. 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the City of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Chapter 161, Florida Statutes, provides financial assistance to eligible local governments for beach erosion control activities under the Florida Beach Erosion Control Program; and WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Delray Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined as Exhibit "A", the Scope of Work, and the LOCAL SPONSOR does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 3. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 4. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic shoreline between DNR reference monuments R-175 and R-189, in Palm Beach County. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified below. Written authorization to initiate each item must be obtained from the DEPARTMENT prior to the initiation of said item. 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: Task ~ Eliqible PROJECT Items ESTIMATED PROJECT COSTS Federal State Local Total 1 Design $71,820 $27,840 $27,840 $127,500 2 Construction $3,118,204 $1,208,699 $1,208,699 $5,535,602 3 Monitorinq $352,780 $136,735 $136,735 $626,250 TOTAL $3,542,804 $1,373,274 $1,373,274 $6,289,352 6. The DEPARTMENT has determined that 100% of the PROJECT length is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $1,373,274 for this PROJECT or up to 50.00% of the non-federal PROJECT cost for the specific eligible PROJECT items listed above, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any Page I of 22 DEP Contract No. 99PB2 costs for the specific eligible PROJECT items, which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT for fiscal years 1998- 1999 and 1999-2000. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 8. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Exhibit "B", for beach use throughout the life of the PROJECT, defined as eight (8) years. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. 9. This section intentionally blank. 10. As consideration for the eligible work performed by the LOCAL SPONSOR, not cost shared by the Federal government, under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for contractual services rendered. The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms as attached hereto in Exhibit "C", not more frequently than monthly. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR'S Project Pinancial Officer and submitted to the DEPARTMENT as a payment request. The DEPARTMENT'S Project Manager has 30 days after receipt of the billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. Ail reimbursement requests shall be submitted in sufficient detail for a proper pre-audit and post-audit review. Reimbursement requests for payment to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the LOCAL SPONSOR. Travel expenses and per diem must be documented by a State of Florida Travel Voucher with appropriate receipts. Ail requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 11. Pursuant to Section 215.422, Florida Statutes, for work not cost shared by the Federal government, the DEPARTMENT'S Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a LOCAL SPONSOR for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a LOCAL SPONSOR is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 12. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the LOCAL SPONSOR, interest at a rate as established by Section 55.03(1), Florida Page 2 of 22 DEP Contract No. 99PB2 Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a LOCAL SPONSOR requests payment. The interest rate established pursuant to Section 55o03(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1997 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT'S Contracts Section at 850/922-5942 13. The LOCAL SPONSOR shall submit to the DEPARTMENT quarterly progress and financial reports for the duration of this Agreement. Reports shall be submitted on such forms as attached hereto in Exhibit "D" no later than January 15, April 15, July 15, and October 15, of each year in which the project is underway. Progress reports shall describe the work performed since the last report and the percent completion of the task. Financial reports shall be consistent with progress reports. 14. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Exhibit "E" A final PROJECT certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified complete by the LOCAL SPONSOR. 15. This Agreement shall begin on the last date executed and end on August 1, 2003. Pursuant to Section 161.101 (15), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 1998, shall be eligible for cost sharing by the DEPARTMENT. 16. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. The DEPARTMENT shall review and approve in writing all proposed subcontracts prior to the execution of the subcontract by the LOCAL SPONSOR and subcontractor. 17. The LOCAL SPONSOR shall have in place quality assurance procedures that insure that proper quality control measures are incorporated into all work performed under the terms of this Agreement. 18. The provisions of Chapter 62B-36, Florida Administrative Code, entitled Florida Beach Erosion Control Assistance Program, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The DEPARTMENT's Project Manager is Jacqueline Thompson, or her successor. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving ninety (90) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in Paragraph 22. 22. Any and all notices shall be delivered to the parties at the following addresses: Page 3 of 22 DEP Contract No. 99PB2 LOCAL SPONSOR Paul Dorling 100 Northwest 1st Avenue Delray, Florida 33444 (561) 243-7321 DEPARTMENT Jacqueline Thompson Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262, ext. 195 23. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 24. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the LOCAL SPONSOR shall provide to the DEPARTMENT an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes. The DEPARTMENT reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the required audit, shall be sent to each of the following within thirteen (13) months after completion of the LOCAL SPONSOR's fiscal year in which the Agreement was completed. Jacqueline Thompson Department of Environmental Protection 3900 Commonwealth Blvd., MS 310 Tallahassee, Florida 32399-3000 Audit Director Department of Environmental Protection 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, FL 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Exhibit "F". Although this document is provided as an attachment to this Agreement, the LOCAL SPONSOR acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the LOCAL SPONSOR agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. 25. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 26. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Page 4 of 22 DEP Contract No. 99PB2 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 30. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 31. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 32. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 33. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 35. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 36. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms and conditions of this Agreement. 37. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement specifications, time, method or manner of performance, requirements, etc.). Ail change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, Page 5 of 22 DEP Contract No. 99PB2 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 39. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY BEACH DEPARTMENT OF ENVIRONMENTD~L PROTECTION By: By: Mayor or Designee* Secretary or designee Date: Date: k. APPROVED AS TO FORM ~ LEGALITY: D~P Attorney *If someone other than the Mayor signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the City must accompany the agreement. Page 6 of 22 DEP Contract No. 99PB2 LIST OF EXHIBITS A Scope of Work B Funding Eligibility C Payment Request Forms D Progress and Financial Reporting Forms E Project Completion Certification F Chapter 10.600, Rules of the Auditor General Page 7 of 22 DEP Contract No. 99PB2 EXHIBIT A SCOPE OF WORK The Delray Beach PROJECT shall be conducted in accordance with the terms and conditions set forth under any and all permits related to this project. The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic coast beach between DNR reference monuments R-175 and R-189 in Palm Beach County. Engineering and Design Professional services required for the preparation of plans and specifications. These services include, but are not limited to, the use of subcontractors such as surveyors, geotechnical services, aerial photographic services, property appraisers, etc. 2o Construction Work performed and costs incurred associated with the placement of fill material within the project area. Eligible costs include, but are not limited to, mobilization, demobilization, beach fill, tilling and scarp removal. A detailed description of construction methods, specifications, and timelines, must be submitted to the Department and approved in writing prior to initiation of construction activities. Construction shall be conducted in accordance with any and all permits related to this project. 3 o Monitoring A monitoring plan shall be developed consistent with the requirements specified in any permits issued by the Department. The plan shall consist of: 1. topographic and bathymetric profile surveys, 2. bathymetric surveys of the borrow area, 3. post construction sediment samples, 4. marine turtle nesting activity, and 5. compaction surveys. The monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area. Project Deliverables A. Reports - Unless otherwise noted above, five copies of all written reports developed under this Agreement shall be forwarded to the Department upon completion of the project. Bo Additional Data - Two sets of all data (i.e., aerial photography, survey data, etc.) developed as a result of this Agreement shall be provided to the Department upon completion of the project. Co Schedules- Project schedules shall be submitted concurrently with quarterly progress reports and shall be provided in .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. Do A copy of the Bids and construction contract, including a detailed scope of work, shall be submitted to the DEPARTMENT prior to initiation of any task. Page 8 of 22 DEP Contract No. 99PB2 Data Development Ail data developed as a result of this Agreement shall be developed in accordance with standard formats acceptable to the Department. Survey work to be performed shall meet the minimum technical standards for surveys in accordance with Chapter 61G-17, Florida Administrative Code. All monumentation set or points of origin established shall be based upon those control markers designated on the most recently recorded legal description of the Coastal Construction Control Line, except that any First or Second Order federal or state horizontal control marker may be used to establish or confirm position and direction and any First, Second, or Third Order federal or state vertical control marker shall be used to establish or confirm elevation. G.P.S., Traverse, and Level Loop information shall be adjusted by Compass, Crandell, or Least Square Method. Detailed field notes and computation records shall be kept of the survey and copies shall be made available to the Department upon request. Abstracts of all monumentation or points of origin shall be submitted in digital form and contain at a minimum all field requirements for the Department's Monument Information Tracking System. Ail profile data shall be submitted in digital form and conform to the standard formats acceptable to the Department. All information submitted shall also be in electronic format, and shall be based on the 1983/1990 North American Datum and State Plane Coordinate system. This information shall be submitted in a .DXF format. Page 9 of 22 DEP Contract No. 99PB2 EXHIBIT B FUNDING ELIGIBILITY Page 10 of 22 DEP Contract No. 99PB2 FUNDING ELIGIBILITY DELRAY BEACH RESTORATION PROJECT Project Boundary: R175 to R189 Approximate Shoreline Length: 14,410' Public Access Delray Public Beach Sandoway Park Anchor Park Atlantic Dunes Park* Parkinq Spaces 221 124 84 112 Publicly Accessible Areas 330' South of R175 to 500' South of R!88 Total Eligible Shoreline Length: 14,410' Total Project Shoreline Length: 14,410' Percent Eligible For State Funding: 100% Page 11 of 22 DEP Contract No. 99PB2 EXHIBIT C PAYMENT REQUEST FORMS Page 12 of 22 DEP Contract No. 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT Name of Project: Delray Beach Nourishment Grantee: City of Delray Beach Billing Number: Billing Period: DEP Contract Number: 99PB2 Costs Incurred This Payment Request Total Cost State Share Local Share Contractual Cost S~,v"m-ry State Funds Obligated Less Previous Payment Less This Payment Less Retainage (10%) Less Previous Retained State Funds Remaining $ 1,373,274 Local Funds Obligated Less Previous Credits Less This Credit Local Funds Remaining $ 1,373,274 Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal System's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Page 13 of 22 DEP Contract No. 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM CONTRACTUAL SERVICES Name of Project: Delray Beach Nourishment Grantee: City of Delray Beach DEP Contract Number: 99PB2 Billing Number: Billin9 Period: S,~mm,ary of Invoices Date of Invoice Amount of Task Check Amount Invoice Number Invoice # Name of Vendor Number Paid Vendor TOTAL $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Proj. Administrator Signature of Project Administrator Date Name of Proj. Financial Officer Signature of Project Financial Officer Date Page 14 of 22 DEP Contract No. 99PB2 EXHIBIT D PROGRESS AND FINANCIAL REPORTING FORMS Page 15 of 22 DEP Contract No. 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY PROGRESS REPORT Name of Project: Delray Beach Nourishment Grantee: City of Delra¥ Beach Quarterly Report Period: DEP Contract Number: .99PB2_ Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) 1. Design 2. Construction 3. Monitorin9 Page 16 of 22 DEP Contract No. 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY FINANCIAL REPORT Name of Project: Delray Beach Nourishment Grantee: City of Delray Beach Quarterly Report Period: DEP Contract Number: 99PB2 Project Expenditures Eliqible Project Items Design Costs Incurred This Quarter Costs Incurred to Date Total Funds Obligated $127,500 Construction $5,535,602 Monitoring $626,250 TOTAL $6,289,352 Page 17 of 22 DEP Contract No. 99PB2 EXHIBIT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: Delra¥ Beach Nourishment Grantee: City of Delra¥ Beach DEP Contract Number: 99PB2 I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date Page 18 of 22 DEP Contract No. 99PB2 EXHIBIT F CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9-30-97 Page 19 of 22 DEP Contract No. 99PB2 RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. 10.610 10.620 10.630 Description Paqe PREFACE TO RULES .............................. 2 DEFINITIONS ................................... 3 AUDIT REQUIREMENTS ............................ 4 EFFECTIVE DATE ................................ 4 APPENDIX ...................................... 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act. There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass-through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A-133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA attestation standards provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring needs of pass-through Federal award recipients. Examinations intended to satisfy such monitoring needs would be limited to the five types of compliance requirements specified in OMB Circular A-133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local 9overnment, not-for-profit or for-profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and/or State grants and aids appropriations audit requirements should ease administrative burdens imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to Page 20 of 22 DEP Contract No. 99PB2 provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures of Federal awards differs from that required for a schedule of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. The auditor must determine from the grant agreement and/or inquiries with the granting agency the level or amount of testing necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History: New 06-30-93 Amended 06-30-94, 06-30-95, 09-30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) ~Local governmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of governmental function. (b) ~Nonprofit organization" means any organization which meets the definition of a not-for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. (c) ~For-profit organization" means any organization which is not a governmental entity or a nonprofit organization. General Authority and Law Implemented Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impos~ additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-96, 09-30-97. Renumbered 09-30-97 (formerly 10.640) Page 21 of 22 DEP Contract No. 99PB2 APPENDIX EXCERPT FROM FLORIDA STATUTES, 1997 216.349 Financial review of grants and aids appropriations; audit or attestation statement.-- (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. (2)Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. Ail audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. -- s. 29, ch. 91-109; s. 78, ch. 92-142. Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes (1996 Supplement), which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time these Rules were updated. Page 22 of 22 DEP Contract No. 99PB2 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Ken Thomas, Community Development Coordinator ~ Lula Butler, Community Improvement Director ~_~ January 12, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. The subsidy represents the 95th homeownership assistance grant provided under the City Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's 'partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one eligible applicant of the following property: 1034 Park Avenue (Acquisition/Rehabilitation) (Silver Terrace, Delray E ½ ofLT 3 BLK 4) Agenda Item No.: ~,. AGENDA REQUEST Request to be placed on: ~ Regular Agenda __ Special Agenda ~ Workshop Agenda xxxxx Consent Agenda Date: January 12, 2000 When: January 18, 2000 Description of item: Authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $10,700.00. Note: Phillip Eckert ($10,700.00) represents the 95m homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of subsidy awards. Housing Initiatives Partnership (SHIP) Proram. Funds are to be awarded from the State SHIP Total: $10,700.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~ ~_~~l~;~~--~~ City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expendi?_~,of funds): Funding Available: (~O Funding Alternatives: (if applicable) Account No. & Description: Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION No (Acquisition/Rehabilitation) CENSUS TRACT 65.02 NAME Philip Eckert PROPERTY ADDRESS LEGAL DESCRPTION 1034 Park Avenue SILVER TERRACE, Delra¥ E ½ of LT 3 BLK 4 % OF AREA MEDIAN HOUSEHOLD INCOME 70% COST OF CONSTRUCTION: COST OF EXISTING UNIT: $45,965.00 Non-Profit Developer's Fee $3,000 PROJECT/SUBSIDY BREAKDOWN NO. IN HOUSEHOLD 1 COST OF LOT ($39,990.00 + $5,975.00 rehab costs) FIRST MORTGAGE $ 40,300.00 RATE 7.125 % LTV 88 % SECOND MORTGAGE $ THIRD MORTGAGE $ 10,700.00 GRANT $ Republic Security Bank Ci_ty of Delray, HOME City of Delray, SHIP CRA of Delray Housing Authority Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $1,172.73 Estimated Closing Costs (Lender 1003) $ 2,610.75 TOTAL TRANSACTION $ 49,748.48 Estimated cash from/to borrower (Lender 1003) $ 1,748.48 (4% of deal) 351 SE 9th CF WILSON AVE CENTRAL AVE INS~V lOth (I-28) PROFES', OFFICE: FO~ (&4-1,1 ~0~ R-lA ~. LAMBERT TRAIL MH ,, (22-41 R COUR' GC PC A REPLAT OF DELRAY 13~I~ALL (58- MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~2.(.~'. REGULAR MEETING OF IANUARY I8, 2000 SERVICE AUTHORIZATION #90/SURVEY SOUTH, INC. (S.E. 7TM AVENUE WATER MAIN IMPROVEMENTS) JANUARY 12, 2000 This is before the Cxty Commission to approve Service Authorizauon #90 m the amount of $15,900.00 with Survey South, Inc. for surveying sermces related to the S.E. 7th Avenue Water Main Improvements prolect. A hst of the streets to be surveyed under this service authorization ~s set out in the memorandum from Envzronmental Sermces. A map illustrating the street locations is also provided. Funding will be from 441-5181-536-69.22 (Water & Sewer Transnussion/Storage Project - SE Th Avenue Water Main). Recommend approval of Service Authorization #90 with Survey South, Inc. RefiAgmemol 6.SermceAuth #90 SurveySouth SE7thAveWaterMain Agenda Item No. ~. G. Request to be placed on: X Regular Agenda Special Agenda __Workshop Agenda AGENDA REQUEST Date: January 4,2000 When: January 18,2000 Description of item (who, what, where, how much): Execution of service authorization number 90 to Survey South, Inc. in the amount of $15,900.00 for the SE 7th Avenue Water Main Improvements, Project 2000- 002. The funding for this project will be provided from the following: Funding Source SE 7tn Ave. Water Main Account Number 441-5181-536-69.22 Amount $15,900.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends execution of the service authorization number 90 to Survey South, Inc. in the amount of $15,900.00 for the SE 7tn Avenue Water Main Improve~s~~ct 20/00~2. Department head signature:;/ ~ ~~/ ~ . /-~-00 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/NO Funding alternatives (if applicable), Account No. & Description~/~5-/~/-c~-~,~ ~ .~/~F~ ~ Account Balance~o~. Z)~ ~ ~ //.~/,)~3 ~.-~o " ' [1 /-I .... City Manager Review: Approved for agenda: ~YE~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di~= ..... , DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal Krejcarek, City Engineer ~.~~ William A. Grieve, Civil EngJneer~[~ January 4, 2000 SE 7~ Avenue Water Main Improvements Project No. 2000-002 Please find enclosed the agenda request for Commission to execute service authorization number 90 in the amount of $15,900.00 to Survey South, Inc to survey the area encompassing the SE 7~ Avenue Water Main Improvement project. I have enclosed a map ~llustrating the streets to be surveyed. The streets to be surveyed include the following: SE 7th Ave. SE 1't St. SE 3rd St. SE 4th St. SE 5th St. Canal Road Easement (behind Busch's Restaurant Atlantic Ave. SE 7~h Ave. SE 6th Ave. (US-l) SE 6th Ave. (US-l) SE 6th Ave. (US-l) Dead End Palm Square SE 5t' St. Intracoastal Waterway Intracoastal Waterway Intracoastal Waterway SE 7th Ave. SE 1st St. Canal Road Funding Source SE 7"~ Ave. Water Main Account Number 441-5181-536-69.22 Amount $'15,900.00 If acceptable, please place this item on the January 18, 2000 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director File: 2000-002 (A) AGENMEMO01.doc DATE: SERVICE AUTHORIZATION NO. CITY P.O. NO. PRO.rEC'I' NO.: o~oo- oo~ 'ITrLE: SURyEY SOUTH, INC. CITY OF DF. IffY BF_.,qCH CO~.SULTING SER PICE A UTHORIZ,4 TIO~V. 17 dec 99 ~ ~ FOR CONSULTING SERVICES. C1TY EXPL~SE COD£ (CTFIr) 991,8~ (SURVEY ~ mC.) SE 7th Avenue Water Ma~n upgrades Route-of-line Topographic Survey~s on designated areas for Water Main upgrades. Please refer to attached Exhibit "A" for areas involved. S(X)~E OF SERVICES Please see attached Exhibit "B" for details. OFFICE CONIROL AND RESEARCH 8 hrs. @ $75/hr. = $600.00 FIELD LOCATIONS AND T(~ 120hrs. @ $75/hr. = $9000.00 CADDRAFTING & HANDLING 140hrs. @ $45/hr. = $6300.00 Total $15,900.00 IV. COMPLETION DATE Five to eight ~eks after approval. Page 1 of 2 EXHIBIT "A" SE 7m Ave. Atlantic Ave. SE 5m St. SE 1~ St. SE 3~ SL SE 4a St SE §m St. Canal Road Easement (behind Busch's Restaurant SE 7~ Ave. SE S~ Ave. (US-1) SE 6m Ave. (US-i) SE 6· Ave. (US-l) Dead End Palm Square Intracoastal Waterway Intracoastal Waterway Intracoastal Waterway SE 7m Ave. SE 1~ ~t. Canal Road Please refer to Exhibit "A-2" herein attached for a graphic representation pi= the areas covered in this contract. Page lA of 2 EXHIBIT "A-2" LI~! t il I~ ~ llTIT .... l __t]]]] I ATLANTIC AVENUE -: .... ------~----1 ~ ~-/ ~ ~ CITY of DELRAY BEACH s.£ Page 1A-2 of 2 EXHIBIT "B" 1. Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, and dedicated easements. Also House numers. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. The survey shall include topography of the complete intersection at the terminal end of each street. Page lB of 2 Approved By: CITY OF DEl, RAY BEACH: Date: CONSULTANT: SLRVEY SOU]H, Date: 17dec99 ~ay .a. ip~riu Attest: Approved as to Legal Sufficiency and Form: City AUomey Manuel Gutierrez Consultant President '~Vimcss ~ STATE OF FLORIDA ~ COUNTY OF PALM BEACH The following insmunent was aclmowl .ed~. before me ~ 37th day of 0ecgrber., ~ by Manuel Gutierrez of SURVEY SOUTH, INC. a Florida on b ~of me Corporatio~~ corporation. He is p me and did not take an oath Signature of P~tson Takin~clmowlodgn~nt Page 2 of 2 FaC MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ~, - REGULAR MEETING OF JANUARY 18, 2000 CONTRACT ADDITION (C.O. #4)/PAVEX CORPORATION (MILLER PARK & BARWICK RANCH ESTATES RESURFACING) JANUARY 13, 2000 This is before the Commission to approve a contract addition (C.O. #4) with Pavex Corporatton under the 1998 Street Resurfacing contract to include resurfacmg of the north parking lot at Miller Park as well as completion of the paving and striping maprovements required at Barwick Ranch Estates subdivision. The scope of work includes the repair, resurfacing and restnping of the north parking lot at Miller Park which was used as a staging area for Hurricane Irene debris disposal operations. The total cost for Miller Park is $18,372.00 of which $8,781.00 will be reimbursed to the City from FEMA. Also included is the remaining street paving and striping required in the Barwick Ranch Estates subdivision. Tbas is a private development off of Barwlck Road where the developer went out of business. The Barwick Ranch Homeowners Association has authorized the City to complete the remaining work which will be funded from the $11,500.00 residual cash bond held by the City from the original developer. The amount of the Barwlck Ranch Estates work is $8,694.40. Any montes remaining when the work is complete wtll be returned to the Homeowners Association. The City Attorney has executed an agreement with the Assoclataon to complete this transaction. The work will be completed using unit prices for actual measured quantities identified on Change Order #4, attached, which total $27,066.40. Funding will be as follows: 9,591.00 8,781.00 8,694.40 from 334-4173-572-63.90 (Miller Park Other Improvements) from FEMA reimbursement from Barwick Ranch Estates residual cash bond Recommend approval of the contract addition (C.O. #4) with Pavex Corporauon for the Miller Park and Barrack Ranch Estates resurfacmg and restripmg project. RefiAgmemol 1.Contract Add. Pavex.Miller Park & Barrack Ranch Estates Agenda Item No.: AGENDA REQUEST Date: January 13, 2000 Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda When: Januau 18, 2000 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for a Contract Addition (C.O. #4) to Pavex Corporation on the above referenced Project. The scope of work is the repair, resurfacing and restriping of Miller Park north parking lot This lot was used as a staging area for Hurricane Irene debris disposal. Partial reimbursement of $ 8 7 81. ~ will be made from FEMA. The total of Miller Park north parking lot is $18,37/~.00 The scope also includes the remaining paving and striping required at Bawvick Ranch Estates on Barwick Road. This is a private development on Barwick Road that the developer went out of business. The monies expended for this work is to be deducted from the $11,500.00 residual cash bond held by the C~ty from the original developer. The City Attorney has executed an agreement with the Association to complete this transaction. Completion of these items will fulfill the punchlist items not completed by the developer. Remaining monies after the overlay/restriping will be returned to the Association. The total for Barwick Ranch Estates remianing paving and striping is $8,694.40. The work will be completed utilizing unit prices for actual measured quantities identified on attached Change Order g4. Funding Sources are 334-4173-572-63.90 (Miller Park Other Improvements) for$9,5~;1; FEMA reimbursement for $~, 781 , and Barwick Ranch Estates reimbursement for 8,694.40. The total of Change Order #4 is $27,066.40. ORDINANCE/RESOLUTION REQUIRED: YES'RAFT ATTACHED YES~ Recommendation: Staff Recomm~app~al o~ Order %4 Department Head Signature: _. , .~_ ! ~ -o a Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r/~ed on all items involving expenditure of funds): Funding available: ~ES~O Funding alternatives~ (if applicable) Account No. & Description X~ Account Balance~ ~,/~ .~ /~~ ~ ~;~,/. ~ ~ ~.. O~ City Manager Review :' ~~.~ ~~ ~~~ /~/~ ~F~7- Approved for agenda: ~/E~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9840.doc Memorandum To: David T. Harden, City Manager FrO~;L~' Howard Wight, Dep Director of Construction Date:"~ January 13, 2000 Re: 1998 Resurfacing Projects (PN 98-40) Contract Addition (CO #4) Miller Park I Barwick Ranch Resurfacing Attached for Commission approval is an agenda request for a Contract Addition (C.O. #4) to Pavex Corporation on the above referenced Project. The scope of work is the repair, resurfacing and restriping of Miller Park north parking lot. This lot was used as a staging area for Hurricane Irene debris disposal. Partial reimbursement of $10,036.00 will be made from FEMA. The total for Miller Park north parking lot is $18,375.00. The scope also includes the remaining paving and striping required at Barwick Ranch Estates on Barwick Road. This is a private development on Barwick Road that the developer went out of business. Control of the development has recently been taken over by the Barwick Ranch Homeowners Association. The Association has requested the City to complete the second lift of asphalt and associated striping not completed by the developer (per attached). The monies expended for this work is to be deducted from the $11,500.00 residual cash bond held by the City from the original developer. The City Attorney has executed an agreement with the Association to complete this transaction. Completion of these items will fulfill the punchlist items not completed by the developer. Remaining monies after the overlay/restriping will be returned to the Association. The total for Barwick Ranch Estates remaining paving and striping is $8,694.40. The work will be completed utilizing unit prices for actual measured quantities identified on attached Change Order #-4. Funding Sources are 334-4173-572-63.90 (Miller Park Other Improvements) for $9,591 FEMA reimbursement for S8,781 , and Barwick Ranch Estates reimbursement for 8,694.40. The total of Change Order #4 is $27,066.40. file: 98-040A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 4 (Contract Addition) PROJECT NO. 98-40 DATE: PROJECT TITLE: 1998 Resurfacing Projects TO CONTRACTOR: Pavex Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR. THIS PRO3ECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS_ JUSTIFICATION: Work to be completed utilizing thc actual quantities corapleted at thc Contract Unit Prices below: Miller Park Resurfacing / RestTiping lu;m #I - Mobilization 1 cs x $I,600.00 = $ 1,600.00 ltvm #3 - Asphalt Leveling/Overlay 300 tn x $ 39.25 Item #9 - Sttiping/Slgnlng/Cttr stop Allowance I Is x $ 5,000.00 Subtotal Barwick ~ch Estates Final Lift Asphalt S~p~ ltcm~l -Mobihza6on 1 c~ x $1.600.00 ltem~3-~ph~L~elm~Oveflay 180~ x $ 39.25 I~ J7 - 24" Solid ~tle Slop Bm 12 If x $ 2.45 Sabiot~ Total C.O. com c'r. O T CO-- CT COST OF CONS~UC~ON C~NGES P~OUSLY O~E~D ~S~D CONTI~CT ~O~T P~OR TO T~S C~GE ORDER COST OF CONSTRUCTION C~GES THIS Ot~ER ~IUS'rED CONTACT ~O~T INCLUD~G THIS C~GE O~ER PER CENT ~C~SE T~S CHANGE O~ER 10.07% TOTAL PER CE~ ~C~ASE TO DATE 3] 6.41% $11,775.00 $ 5,000 00 $1,600.00 - $ 7,065 00 = $ 2940 $15.375-00 $ 8.69,L40 $27,066.40 $ 93,453_30 $175,172.05 $268,625.35 $ 27,066.40 $295,691.75 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that thc prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Pavex Corporation, Lac. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are 334-4173-572-63_90 (Miller Park Other Improvements) for $9,591; FEMA reimbursement for $8,781; and Barwick Ranch Estates reimbursement for 8.694.40. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: __ City Attorney City Clerk 01/1~/00 TI{ti 10:0~ F,~ ~1 278 47,~J DEL BCH CTY AT/%' ~]002 October 7, 19~9 Mr. Harold White City of Delray Beach FL Deer Mr. White: The Board o1' Directors of Barwick Ranch Homeowners Association authorizes the City of Delray Beach to complete the "punch list" as it sees best, using funds from lhe "cash bond" deposited with the city. Please schedule a date for completion so that the community can be notified. Best reg f Encl,: ~Copy of Turnover Meeting Minutes · ~Copy of Annual Board Meeting Minutes /' Copy of Current By-laws TI{IT 10:~ FAX 5~ 275 4755 DEL BCH CTY AT"Iq' ~oo~ MINUTES OF THE TURNOVER MEETING OF The Batwick Ranch Homeowners Associations, Inc. Pursuant to waiver of notice (copies of which are attached) and as it is outlined in article one oft, he by- laws of the corporation, an annual meeting of the Tun]over Meeting of the above corporation was held on October 06, 1999 at 7:00 p.m. at Delray Beach, Florida. L QUORUM. A quorum was declared present based on xhe presence of 18 homeowners. 11. READING OF MINUTES. The reading of the minutes from the last board meeting was waived by Lot 14 and seconded by Lot 15 REPORTS - Report_ b_v Adriana Guardia. A copy of the budget for the year 2000 was handed out to the homeowners. questions from the member's were answered. The treasurer's report was then filed. A number oF - Roport by Don Klein. A verbal report of landscape and maintenance was given. A period of questions addressed specific items: i.e. Gates & Repair and closing on 23 October, 99; opening of an entrance to tho catchment basin for all homeowners; grass; entrance maintenance, and of the perimeter fence. - Re_oort by Jim Larkin. A verbal report on the City of Delray Beach and the current status of completing the City's punch list The punch list includes, at pr~ent, two items to be completed: final toping of the street and some storm sewer repair. A cash bond of $11,500.00 is in the possession ofthe City to complete the work. During the question period, Mr Celvano, Lot 8 indicated that he had in his possession a letter tlrom the City. Mr. Calvano informed the members that the subject of the letter was erosion in the South perimeter fence area Mr. Larkin suggested that this topic be brought up as an Order of New Business. There being no further questions or discussion, The Presidents report was filed. IV. ELECTION OF DIRECTORS. The following persons were elected as Directors for the terms provided in the bylaws: Name: Jim Larkin Term: Thre~ years Address: Barwick Ranch Circle, Delray Beach, Florida 33445 Name: Term' Address: Don Klein one year North Barwiek Ranch Circle, Delray Beach, Florida 33445 01/13/00 Thq.' 10,07 FAX .561 278 4755 DEL BCt/ CTY ATTY [~004 Name: Term: Address. Adriana Guardia on~ yem' 4555 N Bat'wick Ranch Circle Delray Beach, Florida 33445 V. UNFINISHED BUSINESS, There being no unfinished business, Lotl6 motioned io move to the next order of business, Lot 25 seconded, there was no discussion asked for, m~d the motkm was passed unanimously. VI. NEW BUSINESS. Sal Cherch (Lot 3) moved that the community appoint Peter Calvano to head a committee to investigate unfinished issues concerning erosion problems on the South side of the property. Lot 6 and 11 seconded the motion. Iu the discussion following: Peter Calvauo spoke first and stated that he had a letter from the City, indicating that an erosion prob|em on the South side of the property would be corrected at a later date or something to that effect. Lot 25 expressed that the issue did not concern, the homeovaters association in that it did not involve either area A or B of the Plot. Sal Cherch then offered an amendment to the Main motion '~to include investigation of the erosion issue" with the pendhig meeting with the Cxty concerning the completion with the City's punch list. Mr. Calvano emphasized that he had in his possession a letter from the City. Lot 14 Made a Point of Order. Lot 10 Moved the Previous Question. TM question was on adopting the amendment on the pending main motion. The question was adopted and debate~wa..~....stom~ed by a unanimous vote of the members present. Yeas and Nays were called for and the Amendment was passed by unanimous vote of the members present. The main Motion was put forward. Motion that Peter Calvano be made Chairman of a Committee which will meet with the City Engineers Office to determine City's interest or responsibility concerning the erosion issue and the promised use of funds (Cash Bond) remaining after completion of the City's punch List. The Me,on was adopted by unanimous vote of the membership. The Committee will report to the Board for final action. A motion was made by Lot 26 to Adjourn, seconded by Lot 22 And voted in the affirmative by unanimous vote. There being no further business, the meeting was duly adjourned. Secreta .fy PRIN ~ic--Blvc Allamanda- Banyan~ C~¥press ~ SW 'Il issmlne MILLEP.. PAP. I(. FAF. KING LOT COCONUT LANE IDA ROAD MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~. ~ . - REGUIJI.R MEETING OF JANUARY 18, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/THERMA SEAL DATE: ROOFS, INC. (LIFT STATION ROOF REPLACEMENT) JANUARY 13, 2000 Tlus is before the City Commission to approve doseout Change Order #1 in the amount of $524.00 with Therma Seal Roofs, Inc. for the Lift Station #50 and #80 roof replacement project. A contingency allowance of $3,000.00 was tncluded tn the original contract for rmscellaneous carpentry reqmred for the repair of deteriorated roof sections. The extent of damage at the Lift Station #50 was greater than anticipated and resulted in an additional net cost of $524.00. Also requested is final payment in the amount of $2,961.00 to Therma Seal Roofs, Inc. The project is complete and has been inspected and approved by staff. Funding will be from 442-5178-536-62.10 (Water & Sewer Renewal and Replacement - Bmldmg Rehab). Recommend approval of closeout Change Order #1 and the request for final payment to Therma Seal Roofs, Inc. for compleuon of the l_aft Statxon #50 and #80 Roof Replacement project. Ref.'Agrnemo 16.Closeout ThermaSeal Roofs. LS50&80 Roof Replacement Agenda Item No. ~'...T_, AGENDA REQUEST Date: January 10, 2000 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 18, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve a deduct Change Order #l/Final in the amount of ($5,000.00), and a final payment in the amount of $15,462.00, to the construction contract with Glasgow Equipment Services Inc. for the completion of the ESD Underground Fuel Storage Tanks Replacement project. Funding is available from the General Construction Fund / Fuel Tanks account No. 334-6112-519-64.28. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final Payment to the construction contract with Glasgow Equipment Services Inc. for the completion of the ESD Underground Fuel Tanks Replacement project. Department head signature: ~C,~'? / -/,~ - (,x3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)i Budget Director Review (re~d on all items involving expenditure of funds): Funding available:~O ____ Funding alternatives (if applicable): Account No. & Description 334-6112-519-64.28; Gen. Constr. Fund/Fuel Tanks Account Balance ~ City Manager Review: Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s'~. ~98032~agreq01182000 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi''~~ Assistant Construction Manager January 10, 2000 AGENDA REQUEST for 01/18/2000 ESD Underground Fuel Storage Tanks Project No. 98-032 Attached is an Agenda Request for City Commission to approve a net deduct Change Order #1 in the amount of $5,000.00, and a final payment in the amount of $15,462.00 to Glasgow Equipment Service Inc. for the completion of the ESD Underground Fuel Storage Tanks Replacement project. The contract award of $96,062.00 for this project included a contingency allowance of $5,000.00 to cover any unforeseen conditions relating to possible contamination of the existing site. Testing of soil samples found no evidence of on-site contamination, therefore, this deduct change order of $5,000.00 reflects the total balance remaining on the contingency allowance. The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #1/Final in the amount of-$5,000.00 (deduct) and final payment in the amount of $15,462.00 to Glasgow Equipment Service Inc. for the ESD Underground Fuel Storage Tanks Replacement project. Funding is available from P.O.# 580377, account 334-6112-519-64.28, General Construction Fund/Fuel Tanks. cc Richard Hasko; Director of E S.D Howard Wight, Deputy Director of Construction File 98-032 (A) sL. \98032~agmem01182000 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. PROJECT TITLE: TO CONTRACTOR: One (1) PROJECT NO. 98-032 DATE: January 18, 2000 ESD Underground Fuel Storage Tank Replacement Glasgow Equipment Service, 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: Credit of allowance per contract not used. Contract Contingency Allowance. Less justified claims against allowance. Net Deduct Amount. ....... ($5,000.00) ........... $0.00 ........ (SS,000.00) 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 DECREASE THIS CHANGE ORDER 5.2 % TOTAL PER CENT DECREASE TO DATE 5.2 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 0 CALENDAR DAYS $96,062.00 $ o.oo $96,062.O0 $(5,00~ 0~ $91,062.00 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 under benefit of competitive bidding. CONTRACTOR (sign & seal) SIGNATURE (ARCHITECT) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-6112-519-64.28 ($5,000.00) DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY RECOMMEND: APPROVED: s:~...~98032~col ENGINEER/DIRECTOR CITY ATTORNEY DELRAY BEACH, FLORIDA By its City Commission By: MAYOR ATTEST: By: CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM CLOSEOUT CHANGE EQUIPMENT TaN rS) - REGULAR MEETING OF JANUARY 18, 2000 ORDER #1 & FINAL PAYMENT/GLASGOW SERVICES (ESD UNDERGROUND FUEL STORAGE JANUARY 13, 2000 This is before the City Commission to approve doseout Change Order #1 in the net deduct amount of $5,000.00 w~th Glasgow Equipment Sermces Inc. for the Environmental Services Department underground fuel storage tanks replacement project. The contract included a contingency allowance of $5,000.00 to cover any unforeseen conditions related to possible contamination of the site. Soil testing found no evidence of contammauon; hence, the deduct change order reflects the contingency balance. Also requested is final payment in the amount of $15,462.00 to Glasgow Eqmpment Services. The project is complete and has been respected and approved by staff. Funding will be from 334-6112-519-64.28 (General Construcuon Fund - Fuel Tanks). Recommend approval of closeout Change Order #1 and the request for final payment to Glasgow Equipment Services Inc. for compleuon of the ESD Underground Fuel Storage Tanks Replacement project. RefiAgmemol 6.Closeout. GlasgowEqmp. ESD Fuel Tanks Agenda Item No. ~" ~ Request to be placed on: AGENDA REQUEST Date: January 10, 2000 X Regular Agenda Special Agenda Workshop Agenda When: January 18, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve a Change Order #1/Final in the amount of $524.00, and a final payment in the amount of $2,961.00 to the construction contract with Therma Seal Roofs, Inc., for completion of Lift Station #50 & #80 Roof Replacement project. Funding is available from the Water & Sewer Replacement Fund/Buildings, account No. 442-5178-536-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final Payment, to the construction contract with Therma Seal Roofs, Inc., for completion Lift Station #50 and #80 Roof Replace~l~ pr~ ~ Department head signature: l,_~.~, [, . . /-/~ - o o Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~d on all items involving expenditure of funds): Funding available:~NO_ Funding alternatives}if applicable): Account No. & Description 442-5178-536-62.10; W & S Replacement Fund/Buildings Account Balance £~,~,~,~ City Manager Review: Appr°ved f°r agenda: ~fNO ~C/~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\. ~99001~agreq011800 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyj~-~' Assistant Construction Manager January 10, 2000 AGENDA REQUEST for 01/18/2000 Lift Stations #50 & #80 Roof replacement; C.O. #1/Final Payment Project No. 99-001 Attached is an Agenda Request for City Commission to approve a net add Change Order #1 in the amount of $524.00, and a final payment in the amount of $2,96~. O0 to Therma Seal Roofs, Inc. for completion of Lift Stations #50 & #80 Roof Replacement. The contract award of $24,370.00 for this project included a contingency allowance of $3,000.00 for miscellaneous carpentry required for repairing deteriorated roof sections. We anticipated the use of this allowance for the repair of a 25ft section of sagging roof at Lift Station #50. The extent of damage was not realized until the trusses were exposed. The repair was conducted on a time and materials basis, with the actual costs at $3,674.00. Also, a 40 section of rain gutter and down spout did not require replacement, crediting the contract $150.00. This change order of $524.00 reflects the net costs in excess of the contingency allowance. The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #11Final in the amount of $524.00 and final payment in the amount of $2,96'1.00 to Therma Seal Roofs, Inc. for the Lift Stations #50 & #80 Roof Replacement project. Funding is available from account 442-5178-536-62.10, Water & Sewer Replacement Fund/Buildings. Dick Hasko; DIrector of ESD Dan Beatty; Deputy Director of PubIc Utilities, ESD Howard Wight; Deputy Director of Construction, ESD File 99-0001 (A) s~...\99-001~gmem011800 CHANGE ORDER NO. PROJECT TITLE: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT One (1) PROJECT NO. 99-001 DATE: Lift Station #50 & #80 Roof Replacement Janua~ 18,2000 TO CONTRACTOR: Therma Seal Roofs, 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: Provide all labor, material, and equipment necessary for the construction of vadous revisions to the plans and specifications to the Lift Station #50 & #80 Roof Replacement Project as outlined below: Contract Contingency Allowance: Item #1: Furnish materials and labor to repair 25fl section of deteriorated roof at LS ~50. Item ~r2_: Credit for re-using existing aluminum gutter and downspout at Lift Station #50. Net Add Amount. ....... ($3,0oo.oo) ......... $3,674.00 (~5o.oo) ........ $524.00 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 2.2 % TOTAL PERCENT INCREASE TO DATE 2.2 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 0 CALENDAR DAYS. $24,370.00 $ 0.00 $24,370.00 $524.00 $24,894.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the pdces quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR (sign & seal) SIGNATURE (ARCHITECT) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 442-5178-536-62.10 DEPARTMENT RECOMMEND: APPROVED: s:\...~99001~col ENGINEER/DIRECTOR CITY ATTORNEY FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission MAYOR ATFEST: By: CITY CLERK [IT¥ DF DELRR¥ BE;IgH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/2~3-7090. FACSIMILE 561/278-4755 Writer's Dtrect Line: (561) 243-7090 Ali.America City 1993 DATE: TO: FROM: SUBJECT: January 12, 2000 City Commission JTa~n~T. i J~enbt ee ik~i ~ Snsi ita;i r~i~m;n~°w~ Y~p Attached please find a license agreement for the Tennis Center that, if approved, would allow the Association of Volleyball Professionals to hold a volleyball tournament in the Tennis Center on April 29 and 30, 2000. The tournament will have a purse of $75,000 paid by AVP and will include the participation of the top four ranked AVP volleyball teams. The agreement specifies that the event will be telecast on a major sports network to at least 50% of the nation's households. The fee for the right to hold the event is to be paid by the Palm Beach County Sports Commission. The City retains the concession rights for consumables, subject to the restriction that it sell consumables provided by AVP's sponsors. The City will provide police and emergency personnel, the utilities necessary for the event, as well as a stage and volleyball court. Please place this item on the agenda for the January 18, 2000 City Commission meeting. Do not hesitate to contact me if you should have any questions. Attachment CC.' David T. Harden, City Manager Alison MacGregor Harty, City Clerk Bob Barcinski, Assistant City Manager Becky O'Connor, City Treasurer Brahm Dubin, BJCE, Inc. LICENSE AGREEMENT THIS AGREEMENT made this __ day of ,2000 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City"), MAJOR LEAGUE VOLLEYBALL, INC., a Delaware Corporation, d/b/a AVP (hereinafter referred to as "Licensee"). WITNESSETH: W'I-IEREAS, City owns and controls certain park land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and, WI-IEREAS, Licensee has represented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting a men's professional beach volleyball tournament during the weekend of the "Defray Affair" (hereinafter referred to as the Event); and, WHEREAS, the License shall be for the non-exclusive use of the Tennis Center for the Event beginning April 29, 2000 at 10:00 a.m. and ending on April 30, 2000 at 5:00 p.m. Licensee shall be allowed to move in on April 27, 2000 and shall be completely moved out by May 1, 2000; and, WHEREAS, Licensee shall receive payment from the Palm Beach County Sports Commission, in return for presenting the Event, an amount to be determined between Licensee and the Palm Beach County Sports Commission; and, WHEREAS, for the purpose of this Agreement, the City's designee shall be Dubin & Associates, Inc., unless the City notifies Licensee to the contrary; and, WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee to put on the Event at the Tennis Center. follows: clauses NOW, THEREFORE, for good and valuable consideration, it is mutually agreed as 1. Incorporation of Whereas Clauses. That the provisions set forth and the set forth above and commonly referred to as "WHEREAS" clauses are hereby incorporated into the body of this agreement and shall have full force and effect herein. 2. Term; Payment. The term of this license agreement shall be for one two-day Event to be held on the dates described in the "WHEREAS" clauses above. The parties shall have the option to renew this Agreement, and such option shall extend to on or before July 15, 2000, upon mutual agreement in writing by both parties, under the same terms as the current agreement, for a two-day Event to be held in 2001 at a date and time to be determined by mutual agreement. If such mutual determination has not been made by July 15, 2000, then this agreement shall terminate. If the parties mutually determine to renew this agreement for a two-day Event to be held in 2001, then the parties shall have the option to renew this agreement, and such option shall extend to on or before July 15, 2001, upon mutual agreement in writing by both parties, under the same terms as the current agreement, for a two-day Event to be held in 2002 at a date and time to be determined by mutual agreement. If such mutual determination has not been made by July 15, 2001, then this agreement shall terminate. The City shall not be liable for any payment to Licensee for any reason with regard to the Event. Payment shall be made to Licensee by the Palm Beach County Sports Commission 0aBCSC) pursuant to an agreement between Licensee and the PBCSC. 3. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, 2 at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 4. Licensee's Rights for the Event. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. Ail contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. 5. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as ap employee or agent on behalf of the City for any purpose. Neither Licensee nor any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 6. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 7. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 8. Concession Rights. The City reserves for itself, and its agents, the sole and exclusive right to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above, including but not limited to parking concessions. However, the City shall direct its concessionaire that consumables designated by Licensee as belonging to Licensee's sponsors shall be made available for exclusive sale, advertisement and distribution on site during the Event. Licensee shall provide to the City information regarding Licensee's sponsors that have consumables, with the intent of facilitating an arrangement such that each consumable may be sold at the Event. Licensee shall use best efforts to supply the consumables at the lowest possible price to the City and its concessionaire. Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. The City or its designee must approve all concessions 48 hours in advance of scheduled Event. The City reserves the right to reject the sale of any and all concessions 48 hours before the Event. In addition, Licensee may provide temporary structures at its own expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or 4 any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. (c) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement, "f~tture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (d) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (e) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (f) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (g) If the concession is operated by a person, farm or corporation other than Licensee, such person, finn or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public 5 liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; and provide fu'e legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 9. City Responsibilities. (a) Utilities. City shall provide all utilities which shall include, but not be limited to, electricity, water, sewer, and trash removal. For purposes of effectuating trash removal, the City shall provide thirty (30) garbage cans and two hundred (200) garbage can liners along with a 40 yard dumpster or reasonable equivalent. (b) Phone Service. City shall provide access to and installation of four (4) phone lines to be used by Licensee for the purpose of holding the Event. Licensee shall be responsible for all costs related to the usage of the four (4) phone lines provided by the City. (c) Tents. City shall provide enough space, in the Tennis Center or on the Tennis center grounds, for VIP tents and media tents. Licensee shall be responsible for providing the tents and shall pay all costs incurred, including but not limited to, cost for installation, cost for removal, and rental fees. Licensee is required to obtain required tent permits, at no charge, from the City. The parties shall mutually determine the location of the tents. The number of tents allowed shall be mutually agreed upon by the parties to this agreement. (d) Player's Area. A player's area shall be provided in a location to be mutually determined by the parties. 6 (e) Community Center. The City shall provide the women's locker room located in the gymnasium of the Community Center to be used only for the Swimsuit contest to be held on Saturday, April 29, 2000. (f) Hotel Rooms. City shall provide for the Licensee staff and crew, 50 hotel room nights at a local hotel location in Delray Beach or Boca Raton to be determined by mutual agreement between the parties. The participating hotel will receive Event hotel status that includes on-site and media benefits. (g) Volunteers. City will use its best efforts to provide on-site volunteers to assist in score keeping, game timing, ball shagging, player entrance and Event execution. Volunteers will receive sponsor T-shirts and lunch provided by Licensee. In the event that the City is unable to procure the volunteers required by Licensee for the Event, Licensee shall be responsible for procuring such volunteers. (h) Stage. City shall provide a stage, not to exceed 20 feet by 20 feet for use by Licensee for the Event. City shall provide labor to install and remove stage. The location of the stage shall be determined by mutual agreement of the parties. Licensee shall pay to the City the actual costs of labor for the installation and removal of the stage. However, in no event shall Licensee be liable for costs exceeding two thousand five hundred dollars (US$2,500) for the installation and removal of the stage. (i) Restroom Facilities. The City shall provide restrooms, including supplies, within the Tennis Center facility adequate for the Event. (j) Electrician. The City shall provide an electrician when the City determines in its sole discretion that one is necessary. 7 10. Licensee's Responsibilities. (a) Event; Prize Money. Licensee shall provide a field of eight (8) teams for the Event commensurate to Licensee's tour events and guaranteeing the participation of the top four (4) AVP ranked teams. The Licensee will provide a minimum prize money purse of seventy-five thousand dollars (US$75,000) for the Event. Co) Television. Licensee acknowledges and agrees that the Event will be televised in a national broadcast on a national cable sports network (Fox SportsNct, ESPN, Turner Networks, or equivalent) no later than seven (7) days after the date of the Event between the hours from 8 a.m. to 12 midnight and that the Event shall cover at least 50% of the nation's households during broadcast, including California. Licensee shall notify City no later than ninety (90) days prior to the date the Event is to be held as to the particulars of the national television broadcast. If, at that time, Licensee has not secured the right to a national television broadcast, then the City may terminate this agreement and Licensee shall no longer be entitled to hold the Event. (c) Advertising and Promotion. The Licensee agrees that its web site, advertising, promotions and telecasts for the Event shall feature and promote the City. (d) Event Personnel and Equipment. Licensee shall provide all personnel needed for the Event, including, but not limited to, ticket takers, ushers, and referees. Licensee shall be responsible for the rental, installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate thc Event with thc City and its designee. Licensee shall be responsible for the cost of all chair rentals that may be required 8 and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement. (e) Repairs~ walk through. Licensee shall be responsible for the cost of all repairs needed to the tennis center after the completion of the event when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. (f) Maintenance. Licensee shall provide maintenance personnel to insure the Tennis Center is maintained and kept clean during and after the Event. 11. Police~ Security and Emergency Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. City shall be responsible for the cost of providing police and emergency personnel. Licensee shall, at least thirty (30) days prior to an Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for each Event. Also, Licensee shall, at least thirty (30) days prior to the event, contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Technician personnel to be present at the Event. 12. City's Right to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or 9 employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 13. Parking and Sil~age. The City shall provide approximately fifty ($0) parking spaces, the number of which shall be determined in the City's sole discretion, to Licensee adjacent to the Center for Licensee's use at no charge. In addition, the City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficiem parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. 14. Volleyball Court. City shall pay the labor and materials necessary to install and remove one (1) sand volleyball court on the center court of the Tennis Center. The City shall provide an amount of sand that is mutually determined by the parties to be adequate for a professional beach volleyball tournament. Licensee shall have the right to approve the grade of sand used for the volleyball court prior to the date of the event and Licensee shall not unreasonably withhold such approval. Licensee shall provide and install the volleyball net and any other court-related accessories to be used for the Event. A covering shall be provided by the City for the Center Court to protect against damage to the surface. The City shall install, maintain, and remove the court covering. Licensee shall be liable for damage to the court if such court covering is in place and if the court is damaged by persons or events that Licensee has under its supervision. 10 15. Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. The City and Dubin & Associates, Inc. shall be named additional insureds on all insurance certificates. 16. Right to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Ag~ement. 17. Conclusion of Performance. All performances shall end no later than 12:00 A.M. unless otherwise approved by the City, or its designee. 18. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 19. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 11 20. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees and Dubin & Associates, Inc. from and against all claims, actions, causes of action, demands, judgments, costs, expenses, and all damages of every ki~3 in nature incurred by or on behalf of any corporation, person, or governmental authority whatsoever, predicated upon injury or death of any person or loss or damage to property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation of the Event, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 21. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein and City, its designees, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges 12 City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 22. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 23. Tennis Center Capacity and Complimentary Tickets. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the City prior to the public sale date. 24. Advertising. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center. 25. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 26. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 13 27. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 28. Force Ma. ieure~ Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 29. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 30. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: 14 City: Licensee: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 William Berger, C.E.O. Major League Volleyball, Inc. d/b/a AVP 330 Washington Blvd. Suite 600 Marina del Rey, California 90292 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 31. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 32. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 33. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 15 34. Ticketmaster. This paragraph shall apply only in the event that the parties utilize the services of Ticketmaster-Florida, Inc. for ticket sales. No later than fourteen (14) days prior to the on-sale date, Licensee shall provide to the City, if applicable, information regarding seating layout, Ticket structure, discounts permissible, Ticket header information, color logos, entry information, vision and hearing information, wheelchair and other accessible seating information and other information as is necessary for the proper sale of Tickets. Licensee agrees to the City collecting a facility charge as set forth in Exhibit "B" per ticket sold for the Event. Licensee further agrees to pay any charges imposed by Ticketmaster-Florida, Inc. which include a three percent (3%) charge on the face value of all tickets sold by credit cards, an inside charge of five cents ($.05) per ticket, any sales tax incurred and any refunds or chargeback amounts required by Ticketmaster-Florida, Inc. City shall pay ninety percent (90%) of all amounts due to Licensee upon completion of the Event. City shall pay the balance of the remaining ten percent (10%) to Licensee within 60 days after the completion of the Event, less amounts for which refunds have been issued. If Licensee fails to hold the Event as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds and charges incurred as a result of the modification, cancellation or rescheduling. 35. Local Promoter. The City acknowledges and approves that Licensee will potentially be assigning rights to a local promoter to solicit local sponsorships, and rights to conduct ancillary events. Prior to entering into an agreement with a local promoter, Licensee shall notify the City of the local promoter selected. The City shall then have the right to accept or reject the local promoter selected by Licensee. If the local promoter is accepted by the City, Licensee may enter into an agreement with the promoter accepted. If the local 16 promoter is not accepted by City, Licensee shall select a local promoter that is acceptable to the City. In the evem that Licensee selects a local promoter without receiving the explicit acceptance of the City, then the City may terminate this license agreement and Licensee shall no longer be entitled to hold the Event. 36. Other Men's Professional Volleyball Tournaments. The City agrees not to allow a professional men's volleyball tournament to be held at the Tennis Center within ninety (90) days prior and ninety (90) days after date of the Event held in 2000 and, if this agreement is renewed, for the Events in 2001 and 2002. 37. Sunkist. Licensee recognizes that the City has an exclusive agreement with Coca-Cola Co. for pouring rights to the Tennis Center. The City agrees to obtain permission from Coca-Cola Co. to allow sale of Sunkist beverages and merchandise during the term of this Event and for sponsorship of the Event by Sunkist. Licensee agrees that such permission extends solely to beverages and merchandise carrying the registered trademark of the Sunkist logo or that are affiliated with the Sunkist brand. 38. Truck Parking. City shall provide parking adequate to allow Licensee to park two (2) tractor trailers, one pick-up truck and one feather-light trailer (approximately 25' in length) adjacent to the Tennis Center. 39. This Agreement is not effective until signed by the Mayor or the City Manager. IN WITNESS WltEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year fa'st above written. 17 ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA, a Florida municipal Corporation, By: Jay Alperin, Mayor Approved as to Form: City Attorney ATTEST: STATE OF COUNTY OF The foregoing , 2000 by MAJOR LEAGUE VOLLEYBALL, INC., a Delaware Corporation, d/b/a AVP By: (Name printed or typed) instrument was LEAGUE VOLLEYBALL, INC. d/b/a AVP, a Delaware corporation, corporation. He/She is personally known to me/or has produced (as identification. acknowledged before me this ~ day of , of., MAJOR on behalf of the ~nnis cu' license License. Agt Signature of Notary Public 18 EXHIBIT A Initials INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH MAJOR LEAGUE VOLLEYBALL~ INC. Licensee shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. ho Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Licensee further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Bo Comprehensive Commercial General Liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $2,000,000.00 combined single limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. Co Motor Vehicle Liability Insurance covering all vehicles associated with Licensee's operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. Do The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. Licensee shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, within thirty (30) days after the execution of this agreement. If so requested by the City, certified copies of insurance policies will be provided by Licensee. If any of the above coverages expire during the term of this agreement, Licensee will provide a renewal certificate at least ten (1 O) days prior to expiration. Mail to: City of Delray Beach, Atm. Risk Manager, 100 N.W. I't Avenue, Delray Beach, Florida 33444. Insuranceprov/agl MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM ~r~. - REGULAR MEETING OF JANUARY 18, 2000 SPECIAL EVENT REQUEST/2000 BUD LIGHT BEACH VOLLEYBALL TOURNAMENT JANUARY 13, 2000 This is before the Commission to approve a request from Exclusive Sports Marketing for special event approval to allow the 2000 Bud Light Beach Volleyball Tournament to be held May 13 and 14, 2000, at the mumcipal beach. Details are outlined in the attached memorandum from Mr. Weldon. We have hosted this event for the past several years and it has been very successful. Recommend approval of the request to hold the 2000 Bud Light Beach Volleyball Tournament at the municipal beach on May 13 and 14, 2000. Ref:Agmemo 12.BudLightBeachVolleyball.2000 AGENDAITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: XX ConsentAgenda __SpecialAgenda When: January 18, 2000 Description ofagendaitem: Request approval Volleyball Tournament May.~f'and ~, 2000 December 29, 1999 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Approval. Workshop Agenda to host the 2000 at our municipal Bud Light Beach beach. NO X NO X Department Head Signature: ~ ~ ~ttye rfttion~2 i:;R°~v~::/s~: tceonmCYm ~ ind~~nm~ie:;p~ ~1 ~i~n: Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding altematives: Account Number: Account Description: Account Balance. City Manager Review: Approved for agenda: e~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved applicable) Disapproved [IT¥ IIF I]ELRI:I¥ BEI:I[H DELRAY BEACH 100 N.W. 1stAVENUE,DELRAYBEACH, FLORIDA 33444 561/243-7000 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: 2000 Bud Light Pro/Am Volleyball Tournament DATE: December 29, 1999 Attached please find a request from Todd Howell of Exclusive Sports Marketing to bring the 2000 Bud Light Beach Volleyball Tournament to Delray Beach on May 13 and 14, 2000. Exclusive Sports tournaments: Marketing has requested the following for both 1.) 25-30 temporary volleyball courts with a 10' X 10' platform stage and four 5' X 7' scaffolding towers, as well as an additional number of 10' X 10' pop-up tents used for sponsor venues around the center court area. Seven (7) spaces for staff parking at no charge Wednesday through Sunday. 2.) A $5.00 parking fee per car per day with restricted parking at Anchor and Sandoway Parks for players. Our Ocean Rescue staff collects this money and deposits it in their competition fund. 3.) Allow their 4X4 truck access to the beach Wednesday through Sunday. 4.) Allow signage publicizing this event and sponsors on the beach. Their sponsor is Bud Light, a commercial beer company. 5.) Provide overnight parking for the main equipment truck, extra trash cans, and 3 - 110 outlets at the S3 tower. 6.) Center court area is to be set up adjacent to Anchor Park. THE EFFORT ALWAYS MATTERS 7.) Mr. Howell will provide us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability. 8.) Exclusive Sports Marketing will donate $750 to the Ocean Lifeguard competition fund. As you may recall, we previously hosted the Bud Light Tournament the previous four years and they were very successful. I recommend approval for these events, and request you place them on the January 18, 2000 agenda for City Commission consideration. Please review and advise. J~ldon Dir~.~or of Parks and Recreation Attachments cc: Nilza Madden Agenda Coordinator Rich Connell Beach Supervisor JW:cp Ref:vollybal S~o~r~ ~ ARKETSt~0 Providing the Best in Recreation & Sports Entertainment 29 November 1999 Rich Connell City of Delray Beach 340 South Ocean Boulevard Delray Beach, FL 33483 Rich: This letter is for the purpose of ~xluesting permission for the Bud Light Beach Volleyball Series to once again be held in the City of Delmy Beach. This letter addresses the needs and concerns of the Bud Light Beach Volleyball Series pertaining to the City of Delray Beach. The tournament will consist of 25-30 beach volleyball courts with a center court area that consists of a 10' x 10' platform stage and four 5' x 7' scaffolding towers. There will also be an additional number of I0' x 10' "pop-up" tents set-up around the center court area. This set-up~ ix~/~hs~- same as we have done for the past three years. The dates for which we will hold the event are May-C~t~2000. This letter outlines the specific details involved with the operation and imple, mentafion of the event. Exclusive Sports Marketing, Inc. requests that the City of Delray Beach: · Provide electricity for the evem at an already established outlet provided in previous years. · Provide parking at both Anchor and Sandaway Parks for the players on May 6-7, 2000 with a staff member collecting a $5.00 fee. Number of these spots to be determined by City. · Allow ESM's 4x4 Track on the beach from Wednesday to Sunday of the evem week for set- up and breakdown. · Provide extra trash receptacles and dumpster for the event clean-up. · Provide seven (7) staff parking spots from Wednesday to Sunday of the event week. · Provide over-night parking for main ESM Equipmem Truck. · Provide public use of restrooms at Anchor Park · Advise of all restrictions as to signage placed on the beach for the event. · Provide for Center Court area to be set-up adjacem to Anchor Park, as in 1999. Exclusive Sports Marketing will provide the City of Delmy Beach with the following: Provide $750.00 donation to the Delray Beach Lifeguards Name the City of Delray Beach as an Additionally Insured Party on the Series' insurance policy I look forward to working with you and the City of Delray Beach in 2000. Please call me if you have any questions or concerns. I may be reached at 241-3801, extension 103. Todd HoWell Event Director Bud Light Beach Volleyball Series CITY OF DELRrlY BErI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 1993 DATE: January 14, 2000 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Worker's Compensation Counsel The City has been represented for many years by the finn of Adams, Coogler, Watson and Merkel for its worker's compensation cases. Due to personnel changes in the fa'm, our office, in concurrence with the Risk Management Division, believe the City should retain other representation for its worker's compensation cases. Of the firms interviewed, our office's recommendation, with the concurrence of Risk Management, is to appoint the firm of Hayes, Schloss and Alcocer, P.A. Neil Hayes will be predominately responsible for the City's worker's compensation cases. The firm practices solely in the area of worker's compensation and Mr. Hayes has approximately 17 years' experience. The rate to be charged the City is $85.00 per hour. Attached is the firm's biography and references. By copy to David Harden, City Manager, our office requests that the appointment of the firm of Hayes, Schloss and Alcocer, P.A. for the City's worker's compensation cases be placed on the January 18, 2000 City Commission agenda. Attachment CC: David Harden, City Manager Alison Harry, City Clerk Frank Babin, Risk Manager Adam Wilhoit, Gallagher Bassett Services ualificatiONs and Skills Th. Firm consists of five attor, iey. whose -mdividx~al biol~raphles follow. Since 1989 the Finn has n,pr~sented z~t only Carriers but also large self-insux~d employerv. This d~ct contact with adjusters as wall aa ~-house risk managers axxd settlement committees has fostezed ra~ponsi~n, ss and att.ntion .~o d.tait +hat facilitates the prompt zesolution of claims. The attornsys make ~ effort to ~de~tand the needs and ;oala of oux chents and to exceed theiX expectations. Sew~za] cli.nts haw ~-queated rt, ~ Finn ~ei~sent them on a statew~ basis. Howex~; from the firm pzimarily re~esgixt emplc~eza' in. rests from Ch]ando to Miami. made ia ~hed. li~g to split tr~i! time among se~al matteva to ~eduee the buxden on any one employe~' Membe~ of th. Firm nat only:&ppear in front of ~e I~dg., of Compea,.tlon Cl-irn. Lut also txave successfully handled many appel]at, matters in front of th. First District Court of Appeal. Clil~ins pRESENTLy REpRESENTEd Pra~ & ~ni~ney Aizuraft Corpi;raHon, Dycom Ind~es, S~o~ Hd~o~era, Flofi~ P~ and Light, A~tic S~a~ ~dta Aidln.s, To~ of P~m Beth, Indian Ri~ Luc'~ C~n~ Sckool Boa~, St. Lucie Coun~ S~e~ D~nt, Ind~n Ri~ School Boa~, He~ Coun~ School Boa~, B~a~d Co~ She~ Nickelo~on, ~e~ Ca'oho Diocese of P~ Beach ~d many REFERENCES Hm- A~ ou~ ~h-n~. It is t~;;fo~ ~th a g~at deal of pide wa o~ ~e Mr. lo~ Poidiomo=:~, H~an Resole D~e~o~ S~ My. PaM M~%s, ~ M~ge~ Indmn Ri~ S~hool M~. Ma~ StunG, Vice ~si~nt, MeC,,a~ ~. ~or ~ho~ ~k Manag-~ Ci~ of ~,~a Beack Mr. Da~ l~hy, R~k Ma~g~ Ci~ of La~ Mr. ~d H~d, E~l-, Oen,~ M~age~ Na~on~ Emplo~ Ins~nce Co. Ms. Ba~ba~ B~t, Cla~s Su~ar, McC~a~ CampaiGn Mr. Walt Meg. y, ~j,~ Wa~aw I~anee Co. (FPL) Ms. ]~a= ]a~s, Adj~i~ G~agh.r Ba.~ Instance S~s, We~ ~ B~ch Ms. Le~e ~e~ l{~an Re~ces, B~rd C~ She~ Ms. Na~ ~ T~ Su~z~sor, The H~t Group Mn Rob~ Mi~]~ D~e~o~ Co~~ Co~ege N~ J. Hay. s g~d~t~ ~:~anova Uni~i~ ~ 1973. He ~d ~ a poh~ a~ and d~.~ ~ .nte~ Stetw:~ Co~ege of Law ~ 1979. ~e at Ste~n a~ciate ~ of ~e ~w~.~'~ as ~ as a te~g ass~t and fac~ ~sea~h U~n g~d~a~o~ M~ Hayes w~!, ,,l~el ~ ~ as a law c1.~ to ~e Com~mation d.~nse ~ ~e We~ P~ Beach a~a aad o~n~ Ned J. Hayes, P~. Hay~ h~ ~,n ~ ~ ~o's ~o in Amebean Law s~c. 19~ and ~$ htlga~on ~ckg.o~d at bo~ the ~.1 aaa a~p.~te le~l.. Com~naat~o~ ~ ~mvl~ent-~ated de~n~. M~. Sc~o~ ~celwd ~ Bach~or o~ ~ci~nee de~e, ~ Honor, ~o~ Bo~oa ~C~ege ~ 1989. Ha g~duat~ ~th Hon~s ~m the U~ of Flo~ Cohere of L~w ~ 1~ wh~ ha lsahel bi. Alcoc,r ha, ]zeen a~oe'~ted with the Finn si=ce 1995. M,. Alcocor is fluent in Sp,~h and ,-ceiwt k. Ba~,l~'iclegre, with Honors {zorn the University of Georgia. Ms. Alcoc.~ was awazd~d the. Am.rie,,~n Jur~pn~dence award~ while attending O-o~gia State Colleg. of Law and h~s successf~y ~ed numerous cases on behalf of employ~., and carri~zs. Most z~c-ntlz Ms. Alcocez successf~¥ :~rgued aa atto~n~ fee isle befoze the Fixvt District Court of Palm Beach Atlax, tic college ~ ~ B~helo, of Sc~-n~e in Business Admin~.ation. He obtained his Jurls Doctor D.g~e from the: .0nive~ty ~f Louisville S~hoo! of La- after having s~x--ed fc~ intern for ~,d~e William McAmAi.y, J,~, 3eff~sox~ County Cixcuit Cou~t, Lo,~isvi][le, KY. Ja,~ E. McGill has been aa assc.~iate With the Finn since 1998. Ms. McOill graduated F ~d~' a Atlantic Um~v,~ty a~d s?,ent t~el~ year, aS an ~l.c.tor with the DaAe and Palm Beach Cos~pD, Sch~l Boa~s. She ,u~;~que,xt[y op.rated .ax Insur. mce a~enc]r for eigh~ y~ar, ~nd q~a 'hfi.d fo~ her ~ez~val i~,uXax~ ']icezs.. ~?hde matriculatine a~ Nova Southeastera Un~,e~sity, S]xepavd Broad Law Cente~ abe a; ~ maintained a po~ti0n as a hw cl~,k with th. School Bosa-d of Palm Beach County dealing with iernployment and general ,~hool hw [lTV (IF I)ELRrlV BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: TO: FROM: MEMORANDUM January 14, 2000 City Commission Susan A. Ruby, City Attorney~b~'~ SUBJECT: CRA, House of God (Church) and City Property Transaction The purpose of this memorandum is to inform the City Commission of the closing of this transaction and to obtain confirmation of the closing as outlined herein. This property transaction called for the City to obtain Lots 11, 12 and 13 of Block 36 from the Church and Lots 15 and 16 of Block 35 from the CRA. The City was then to convey Lots 15 and 16 of Block 35 to the Church and Lots 11, 12 and 13 of Block 36, less the east 20 feet thereof to the CRA. The CRA was to then convey to the City the east 20 feet of Lots 2 through 10 of Block 36 and the east 20 feet, less the south eight feet of Lot 1 of Block 36. The contract provided, however, that if the City did not need the east 20 feet of Lots 1 through 20, the CRA would pay the City $6.19 per square foot for the east 20 feet. The City, by acquiring other lands for the Tennis Center, did not need the east 20 feet. Thus, the closing occurred with the CRA retaining the east 20 feet. As a result of these changes, the City paid to the House of God: $65,923.23 + 188.00 (in additionalcos~ by separate check) $66,111.23 The City received from the CRA $65,669.10 at closing with the CRA paying for surveys, etc., for the entire transaction. By copy of this memorandum to David Harden, City Manager, please place this matter on the City Commission consent agenda for City confirmation. SAR:jw CC: David Harden, City Manager Alison Harty, City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~4~.. REGULAR MEETING OF JANUARY 18, 2000 REVIEW OF APPE^I.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 13, 2000 Attached is the Report of Appealable Land Use Items for the period January 3~a through January 14, 2000. It informs the Commission of the vanous land use acuons taken by the designated boards which may be appealed by the City Comrmss~on. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Re f. Apagmemo/Appealables/1.18.00 TO: THRU: FROM: SUBJECT: MEETING OF JANUARY 18,/2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 3, 2000 THRU JANUARY 14, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 3, 2000 through January 14, 2000. 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 minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a 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 (5 to 0, Smith absent, Fowler arrived late), a request for building elevation change for a sign holder at Talking Book World, located at 1832 South Federal Highway (west side of Federal Highway, approximately 400 feet south of Linton Boulevard). B. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 3,665 square foot C~ty Commission Documentation Appealable Items Meeting of January 18, 2000 Page 2 restaurant for Bon Appetit, to be located on the east side of SE 5th Avenue, (southbound Federal Highway), between SE 2nd and 3rd Streets. Approved (5 to 1, Friess dissenting), a Class V site plan associated with the construction of a 32-unit townhouse development for The Courtyards at Delray, located on the north side of SE 1st Street, between SE 5th Avenue (southbound Federal Highway) and SE 6th Avenue (northbound Federal Highway). The landscape plan and architectural elevation plan were approved on a 6 to 0 vote. In addition, the Board approved waivers reducing the setback from 5' to 2' for the driveway located along the northwest property and reducing the landscape strip from 5' to 2'8" along a portion of the north property line. Do Approved (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with a 1,708 sq. ft. building addition for Delray Eye Associates, located on the west side of South Military Trail, approximately 680 feet south of Linton Boulevard within the Wal-Mart Center. Approved (4 to 0, Hurlburt, Keller and Johnson absent), a request for a Certificate of Appropriateness associated with the construction of a new single family residence at 170 Marine Way. Approved (4 to 0), a request for a Certificate of Appropriateness to allow a change in exterior paint colors and a change in roof material from shingle to standing seam metal for BSA Corporation Office Building, located on the north side of NE 2nd Street, east of Swinton Avenue (9 NE 2na Street). No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- JANUARY 18, 2000 L-30 CANAL L-38 CANAL N W 2ND ST $ W 2ND ST SW C-f5 CANAL S.P.R.A.B.: A. TALKING BOOK WORLD B. BON APPETIT C. COURTYARDS AT DELRAY D. DELRA Y EYE ASSOCIA TES H.P.B.: 1. f7OMARINEWAY 2. BSA OFFICE BUILDING CITY LIMrTS ......... ONE MILE GRAPHIC SCALE CITY OF OELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 199~ - - DIGITAL BASE MAP SYSTEM. - MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~/"/~' - REGULAR MEETING OF JANUARY 18, 2000 AWARD OF BIDS AND CONTRACTS JANUARY 14, 2000 This is 1. before the City Comrmssion to approve the award of the following bids and contracts: Bid renewal award in the estimated annual amount of $10,404.00 to Tanner Industries, Inc., ma City of Boynton Beach co-op bid, for the purchase of anhydrous ammonia for the Water Treatment Plant, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). Purchase award in the amount of $21,800.00 to Calico Racquet Courts, Inc., sole source provider, for labor costs to rehabihtate four (4) clay courts at the Tennis Center, with funding from 001-4124-527-46.90 (Tennis Center - Other Repair/Maintenance Costs). Bid award in the amount of $35,939 v/a HoNda Sheriffs Association contract for a 2000 Ford Excursion 3/4 ton 4x4, as replacement for a 1994 GMC Suburban (#9411) which was wrecked on November 30, 1999. Funding is available from 501-3312-591-64.20 (Garage/Vehicle Replacement - Automotive). Recommend approval of the bid and purchase awards listed above. RefiBid.Agmemo.1.18.00 AGENDA ITEM NUMBER: ~ ~' / Request to be placed on: Consent Agenda When: January 11, 2000 Description of agenda item: AGENDA REQUEST Special Agenda XX Date: January 3, 2000 Workshop Agenda Bid Renewal Award - Purchase of Anhydrous Ammonia for the Water Treatment Plant from Tanner Industries, Inc for an estimated annual cost of $10,404 via the C~ty of Boynton Beach Co-op Bid #020-2821-00/SP ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached' YES NO NO Recommendation: Don Haley, Superintendent of the Water Treatment Plant, and the Purchasing Division recommend the renewal award to Tanner Industires, Inc. for an estimated annual cost of $10,404 wa the City of Boynton Beach Co-op Bid #020-2821-00/SP Funding will be taken from account number 441-5122-536-5221. Department Head Signa~~ --~,~~~ 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 ~ ~l~=lN)o1~?'-3 I~._~o~ Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes Hold Until: Agenda Coordinator Review: No Received: Action: Approved Disapproved P.O. # PURCHASING DIVISION MEMORANDUM DATE: TO: FROM: THROUGH: SUBJECT: January 3, 1999 David Harden, City Manager Jennifer Schillace, Buyer Joseph Sa~~nance Director DOCUMENTATION - CITY COMMISSION MEETING JANUARY 11, 2000 - BID AWARD - BID #020-2821-00/SP VIA CO-OP BID - ANHYDROUS AMMONIA CITY OF BOYNTON BEACH ITEM BEFORE COMMISSION: City Commission is requested to renew the award to Tanner Industries, Inc., for the purchase of Anhydrous Ammonia for the Water Treatment Plant at an estimated annual cost of $10,404.00. BACKGROUND: The City of Boynton Beach is the lead organization for this Co-op Bid. One (1) bid was received on January 6, 1999, based on the estimated annual quantities of participating governmental entities. (Documentation on file in the Purchasing Office). A bid tabulation is attached for your review. On December 21, 1999, at the City of Boynton Beach City Commission Meeting, this bid was extended for another year to Tanner Industries, Inc. The contract period is from February 3, 2000 to February 2, 2001. The Manager at the Water Treatment Plant recommends renewal of the award to Tanner Industries per his approval of a memorandum that Jacklyn Rooney, Purchasing Supervisor, forwarded to him on November 5, 1999. RECOMMENDATION: The Purchasing Division recommends renewal of award to Tanner Industries, Inc. for the purchase of Anhydrous Ammonia at an estimated annual cost of $10,404. Funding will be taken from Account Code 441-5122-536-52.21. Attachments: City of Boynton Beach Memo, 12/22/99 Approval of Memo from Don Haley, 11/05/99 CC: Jacklyn Rooney, Purchasing Supervisor Don Haley, Superintendent of Water Treatment Plant The of Beach November 5, 1.999 RE: "CO-OP ANHYDROUS AMMONIA" A3,~'UAI. CONTRACT PERIOD: FEBRUARY 3, 1999 TO FEBRUARY 2, 2000 TO Al,I, PARTICIPATING ENTI~S: The above menOoned bid will e~pire on Febtuat3t 2, 2000, but according to the Terms and Condi~aons o£tha bid, we kava thc option to mxtew for one additional year. If you agree t~ extend, plcasa chcck 'aa'ES" below. If you do no! agree, please check "NO" mid explain in detail why. Attached is your del/very address p~r original bid specifications, lfthere are any changes, please notify me at (561 ) 742-6322 and not~ changes Oll ~,~OLl.l' reply. Please fax your response to m~ at (:56!) 7~12-6306 by: ~!_OVEMBRR ?..4, 1999,. Thank ~ou for your coolgmtion in this matter. Sine.ely, ~ NO .sue Phillips Bu3,~r 0 File Di.~llibution: PLEASI~ CHECK 01~ QR. CIRCLE YOUR ENT,.r..rLy. Cxvy of Pompano Beach/Lee,:, Hardin- (954) ?86-4168 C,ly of Riviera Beacb/~arl 8taley - 842-5105 Village of Tcque~tatThomas Hall - (~61) 575-6203 C:T'Y ;DF ="~LF;~q'' BEAEH l~rch~c Ord~s bsued al~/nst ~ contract will cle,~ly state o~e of the follow~g d~ location,s: 122,0001bn. 100 N.W. l~t Avcnur .Delrny .Be~Ch, I:L 334~ C~ ofI.~k~ Wbrtb *** 1900 2~ Av~n~ North Lake Worth~ .IL. ~3461 ... City ofP ~o~aao Beach II90N.E. ~ Avenuc, Bldg. C Ciw of~a ~ ~ W. B~c H~ ~~ ~~ ~ 334~ VilLs~e of Tequests 750 Ttquesta Drive. Suite 500 T~i~ .s~,.,. FL, ,3~ 132,000 Ihs. ' ~ o, ooo ~£ ..... 7,SOO ~m. _O~laV~.. aY 1016 W~t _B~c G~ ~ ~3430 Wnt~ Trea~t 1301 G~s ~t~ ~ ~3~2 1~0 S. S~est BI~, ~ Be~ ~ 33435 Wesi Water Tt~ PI,sat 5469 W. Boymcm Beach Blvd. W~ter T~ P~ 200 S.W. 6~ S~ ~y ~,~ 3~ 301 ~. ~ ~ 901 N, Old Dix/~ Highway T~lucsta, FL 33469 ,~C~m:CA~:TOT.O,: 3~gaeo LI~S:BUuc D~LRAY BEACH- SPECIAL R.EQLTRH~: DELIVF.,RiES BETWEEN 7:00 A,M. AND 3:00 P.M. ONLY GrI'Y o!,' LAKE WORTH - SPECIAL REQUIREMENTS: DELIVERIES BETWI~N 8:00 A.M. AND 5:00 P.M. Request to be placed on: x Regular Agenda When: 01 / 18/00 AGENDA REQUEST Special Agenda Agenda Item No: ~'~ ~ Workshop Agenda Description ofa~o, what, where, how much): C±ty Commiss±on ±s requested to approve a~ award to Calico Racquet Courts, Inc. ~or labor costs xn the amount of $21,800 to rehab four (4) clay tennis courts. Funding is available in account 001-4124-572-46.90. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: 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): t~~., Funding Availa~0 ~ Funding altemati'~es: Account No. & Description: Account Balance: (if applicable) City Manager Review: App~roved for agenda:~O Hold until: ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF I)ELAIIY BEI:I£H NI4medcaCity 1993 100 N.W. 1st AVENUE TO: FROM: DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM David T. Harden City Manager Aobert A. Barcinski ssistant City Manager DATE: January 13, 2000 SUBJECT: AGENDA CITY COMMISSION MEETING JANUARY 18, 2000 BID AWARD - CLAY TENNIS COURT REHAB Action City Commission is requested to approve a bid award to Calico Racquet Courts, Inc. for labor costs in the amount of $21,800 to rehab four (4) clay tennis courts. Funding is available in account 001-4124-572-46.90. Background Attached is a request from Mr. Dubin to renovate four (4) clay tennis courts number 9-12, as well as a proposal from Calico Racquet Courts Inc. Per Mr. Dubin's memo, the poor condition of the courts and safety concerns are the reasons for this work. Calico is the authorized Cal Cap representative and is the sole source provider. Material costs for the renovation were previously approved under separate purchase order. Recommendation Staff recommends approval of a bid award to Calico Racquet Courts, Inc. for labor costs to rehabilitate four (4) clay courts in the amount of $21,800. Funding to come from account 001- 4124-527-46.90. RAB:tas File:u:sweeney/agenda Doc: clay tennis court rehab Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS MEMORANDUM TO: FROM: DATE: SUBJECT: Robert Barcinski Assistant City Manager Brahm Dubin General Manager Municipal Golf Course January 13, 2000 TENNIS CENTER I am requesting approval of a bid award with Calico Racquet Courts, Inc. for the renovation of clay courts 9-12. Tennis courts 9-12 have been an on-going maintenance problem for us due to inadequate drainage and poor surface conditions. The poor conditions have created a safety concern for the players. Due to the heavy demand that our courts face on a daily basis, we need to rectify the problem as soon as possible to accommodate our client needs. These courts need to be resurfaced. Calico is the company that installed the "Cai-Cap" system for our 14 clay courts. This is the reason that we decided to utilize their services, as they are the sole source. BD:tas File:u:sweeney/tennis Doc: clay courts tennis center .01/12/2000 01:26 5612437386 DELRAY BEACH GOLF CL PAGE 22, 1999 Dclrs,y g~c~ Tennis Center 201 W0st A,dm~i¢ Ave. B'~ T~n~s C~, ~i~ ~!1~ t~ '~llcn~" i~ident ~ the ~nditionln~ of one ~tt~ of f~r ~s ~ufls (llo' x 2~ ) in ~r~ w~h ~e ~11o~ te~ s~ speeiflc~ons: '~h c~ ~ ~s~, ~ore thi~e~n tons TCM on sltu. ~ mil su~. 2 ~ly ~a~ Install four ~ts oflln~ ~t~ the aid ora mlnlmum or.ur ~rny ~Ch Tennis I~nter ~s ~ ~iM m ~ti~ n~ls ~mo~ ~I tr~h ~ by Cali~ ~'~0~ ~ ~n~ion ~f~pill~ s~flon ~ nine~ days Mth proof msinte~ Il A~ m~he foll~n~ t~s ofps~t: . . _ a)~ ~y ~1 invoicos promptly when tssu~. Ifb~anco remains unpaid thifly ~ ~i.y ~ ~tti~ I ~% ~ ~th (1~ ~m) finsuco oh~s, ~y un~id balance For ~ ~ mo~ ~a~ until ~ ~lsn~ is ~d in ~II. Ir~e ~1~, hilly ~ys~s~ ~lltn~ and ~ C~ont s ac~ Is tum~ ovor ~ ~ a~omey CAL' CIt¢fit qreU to pay ~ttom=y'l b~s ~d ill le~! mats ~pc~od ~ ~nfor~[n8 psymgn~, ~ Pay ~ ~ipm~t ~TCM S 9,~.~ c,) ~ ~v~ of ~ ~d B~ of TC~ $20,000.~ : , T~ S31,~.~ ShoUld ~he ~U~ ~ pr~d~ by this ~m~ ~ n~a~ into ~i~cm time ~ ~s~m~s ~t ~ ~ C~i~, C~i~ r~es thc ~shl lo revi~ t~ prl~ sM ~jcs~ntS ~r~y. Cali~ o~es NON-~ON units ~hn~se'aal~ iff the ~r~mem, ~1 ~m~nts ~e ~ntl~ont upon ~ke~ ~cid~, w~h~, 8n~ dulays'b~ond the contm~ Ctli~. Thtb pro~ is subj~ to ~ptun~ w~m 10 days Dom thu d~c o~th~s ~r~cnt is w~M Ih~Mcr ~ o~ o~on, Any ~ilioml wo~ or r~rs s~ may ~ en~unt~rM will ~j~ to m ~um Io ~is ~eflt whic~ may be v~l m asreemem bet~ the ~o~e~an o~ are ~ n p~n~psl oft~ Client's tnd initiulM on t~s document or ~py. 02 Request to be placed on: x Regular Agenda When: 01/18/00 AGENDA REQUEST Special Agenda Description of agenda item (who, what, where, how much): Florida Sheriff's Association Contract for a Agenda Item No: Workshop Agenda Approve a bid award under 2000 Ford Excursion 3/4 ton 4x4 in the amount of $35.939 with funding to come from account number 501-3312-591-64.20. Replacement for vehicle #9411. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Department Head Signature: Determination of consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items invo~g ex~pendil~re Funding Availaa~~)O ~' t ~ Funding alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:&O ~]~ Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved I:ITY OF DELRI:IY BEACH DELRAY BEACH AIHknedcaCity 1993 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 TO: FROM: MEMORANDUM David T. Harden City Manager Aobert A. Barcinski ssistant City Manager DATE: January 13, 2000 SUBJECT: AGENDA CITY COMMISSION MEETING JANUARY 18, 2000 BID AWARD FORD EXCURSION 4X4 561/243-7000 Action City Commission is requested to approve a bid award under Florida Sheriff's Association contract for a 2000, ~ ton 4x4 Ford Excursion in the amount of $35,939. Funding is available in account 501-3312-591-64.20. Background Vehicle unit 9411, a 1994 GMC Suburban, was wrecked on 11/30/99. The vehicle was totaled. The vehicle proposed for purchase is a replacement vehicle for unit 9411. The Battalion Chief uses this vehicle as an emergency command vehicle. A ~ ton 4x4 is needed to carry equipment, for towing, and for off road applications. Recommendation Staff recommends bid award under the Florida Sheriff's Association Contract for a 2000, Ford Excursion in the amount of $35,939 as a replacement for vehicle unit 9411, a 1994 GMC Suburban with funding to come from 501-3312-591-64.20. RAB:tas Fil¢:u:sweeney/agenda Doc: bid award ford excursion THE EFFORT ALWAYS MATTERS g. PS. Prtnted on Recycled Paper [ITY JIF DE[RRY BERgH FIRE DEPARTMENT DELRAY BEACH SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH 1993 TO: THRU: FROM: ROBEI~0REHR, FIRE CHIEF CITY MANAGER M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: JANUARY 12, 2000 SUBJECT: VEHICLE REPLACEMENT FO SUBURBAN #9411 Due to the accident of November 30, 1999, our vehicle #9411 was declared a total loss after it was broadsided by a citizen who ran a stop sign. I have had the assistance of Bill Darty and Battalion Chief Charles Stravino working on a replacement vehicle. We have priced out the Florida Sheriff's Association, the Florida State Vehicle bid contracts as well as our local dealers in order to determine the best price. The best offer is through the Florida Sheriff's Association Bid Award (99-07- 0913) which is a Ford Excursion, % ton, 4x4, base priced at $29,759. To set up this vehicle to the standard of #9411, I used the delete option to remove the 3rd seat at a savings of $400. The add-on options are listed below. Skid Plate Package 75. Third key (for City Garage) 30. Complete set of Shop Manuals 250. 6/100 Extended Extra Care Warranty 1490. Federal Vector Light Bar & Smart Siren 1700. 4 Corner Strobe System 395. Captain's Chair w/dual Air Conditioner 3155. A/T Tires 255. Total Cost $36,709. These listed options will bring the replacement vehicle to the equivalent of the former vehicle. FIRE DEPARTMENT HEADQUARTERS o 501 WEST ATLANTIC AVENUE o DELRAY BEACH, FLORIDA 33444 (561) 243-7400 ° SUNCOM 928-7400 ° FAX (561) 243-7461 Printed on Recycled Paper January 12, 2000 - Memorandum Replacement of Veh. #9411 Page - 2 - To justify this request for the Captain's chair; the bench seat, as we had to use in 1987, is not conducive for the mounting of the radio/telephone components and the operational equipment needed for a Command Vehicle. The use of the captain's chair allows the equipment to be mounted between the seats which makes it easier and safer to use while driving or responding to emergency calls. By purchasing this as a factory installed package, the City is removed from liability for any changes made at a later date. The dual air conditioner is needed. It is also strongly recommended by the manufacturer due to the size of the passenger compartment. This compartment will be used for passenger transportation as well as a Command Center and an Emergency Response Vehicle. Your concurrence with this proposal will be appreciated. Pertinent data is included in this package. If there is any further information I can give you please call me. M. B. Wigderson Assistant Fire Chief MBW/mmh Robert B. Rehr, Fire Chief Bill Darty, Fleet Service Supv. Charles Stravino, Battalion Chief To: From: Date: Subject: MEIVIORANDUM Robert A. Barcinski, Assistant City Manager Bill Darty, Fleet Maintenance Service Coordinator December 15, 1999 VEHICLE 9411, FIRE SUBURBAN Today we received the Intercity Auto Appraisal Evaluation report for the 1994 Suburban, which was wrecked on November 30, 1999. The total estimated cost for repair is $16,574.93, and the estimated value is $20,050.00. This vehicle is deemed a total loss and Chief Wigderson has expressed his concerns of the need to get it replaced with a comparable command vehicle as an emergency purchase. I have made several phone calls to local dealer to check into either a new or used replacement vehicle that may be in stock. As of this time we have not located any suitable replacement. It is estimated that a new vehicle ordered off contract will take approximately 9 weeks due to the Christmas holidays. It is recommended that the replacement vehicle be a Ford Excursion 3A ton 4X4 which has a base cost of $29,759.00. This is the only vehicle on contract that is a large utility 3A ton 4X4 that would be an equivalent replacement to our current vehicle. Let me know which way you would like for me to proceed in this replacement process. c: Chief Wigderson FLORI~ ¥ Assoc /ur O / ~ CO UNTIES~ ~ FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2000 FORD EXCURSION Specification #09 (Extended Wheelbase Utility, 4 x 4) The Ford Excursion purchased through this contract comes with all the standard equip- ment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: Western $29,772.00 Northern $ .9,7s2.oo Central $29,672.00 Southern $29,7~9.00 While the Florida Sheriffs Association and the Florida Association of Counties have at- tempted to identify and include those equipment items most often requested by participat- ing agencies for utility vehicles, we realize equipment needs a_nd preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to dete~-u,ine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Specification Low Bid LF_~END FOR DELETE/ADD OPTIONS Every line will rcquirc a DOLLARVALUE or one of the followh~g abb .r~tl. ons: Std. = manufacturer~ standaro equip. Incl. = included with ba~¢ specs. = no additional charge NA ~- not applicable to the vehicle -- option not bid b~ vendor Bid Award Announcement (99-07-0913) 13 7 VEHICLE: DEALER: ZONE: BASE PRICE: Excursion Dural Ford Western $29,772.00 Excursion Duval Ford Northern $29,732.00 Excursion Don Reid Central $29,672.00 Excursion Don Reid Southern $29,759.00 DEDUCT: DELETE OPTIONS Console Engine: 5.4L V8 in lieu of 6.8L Vl0 3rd seat Limited slip axle $ 444.00 $ 170.00 $ 444.00 $ 170.00 $ $ 400.00 $ 400.00 400.00 $ - 400.00 ADD: ADD OPTIONS Manufacturers heavy- duty towing package with class IV receiver hitch Limited slip rear axle, manufacturers standard ratio per application Cloth bench seats in lieu of vinyl bench seats Gasoline engine, 7.4L, V8 Diesel engine, 6.5L V8 turbo Diesel engine $ 7.3 LT Mirrors, camper type, stainless /Skid plate pkg. $ AM/FM cassette radio v/Third key $ ~'Complete set of shop $ manuals ONLY 5/75 Extended Base $ Care Warranty (gas) ~ 5/75 Extended Extra $ Care Warranty (gas) 5/75 Extended Base $ Care Warranty (diesel) 5/75 Extended Extra $ Care Warranty (diesel) /6/100 Extended~e~_ x-d-7:~' Care Warranty $ 486.O0 $ 486.00 Std. Std. Incl. Incl. Std. Std. Std. N/C N/C Std. N/A N/A 4,005.00 N/A 75.00 Incl. 65.00 225.00 1,205.00 1,405.00 1,505.00 1,705.00 N/A Std. Std. $ 4,005.00 N/A $ 75.00 Incl. $ 65.00 $ 225.00 $ 1,205.00 $ 1,405.00 $ 1,505.00 $ 1,705.00 $ 3,900.00 $ 3,900.00 N/A N/A $ 75.00 $ 75.00 N/c N/C $ 30.00 $ 30.00 $ 250.00 $ 250.00 $ 905.00 $ 905.00 $ 1,470.00 $ 1,4,7o.o0 · 138 B~ Award Announcement (99-07-09I 3} VEHICLE: DEALER: ZONE: BASE PRICE: Excursion Duval Ford 'k Western $29,772.00 Excursion Duval Ford -k Northern $29,732.00 Excursion Don Reid Central $29,672.00 Excursion Don Reid Southern $29,759.00 Add Options (continued Delete special service group (D- 17K) Comfort & convenience group (requires D- 17K) High capacity A/C V~Federal Vector lightbar & smart siren v~4 corner strobe system Headlight flashers Front mirror strobes Whelen 9000 FSA lightbar & siren Federal Street Hawk lightbar & siren Rainshields Grille guard V/Captain chairs with ,~ dual A/C ¢'A/T tires $ 1,995.00 $ 167.00 $ 705.00 $ 1,623.00 $ 354.00 $ 87.00 $ 386.00 $ 1,463.00 $ 1,394.00 $ 96.00 $ 670.00 1,995.00 167.00 705.00 1,623.00 354.00 87.00 386.00 1,463.00 1,394.00 96.00 670.00 $ 705.00 $ 1,700.00 $ 395.00 $ 1,600.00 $ 3,155.00 $ 255.00 '/';-_---T_-': L 1,995.00 167.00 705.00 1,700.00 395.00 1,600.00 3,155.001 255.00) Bid Award Announcement (99-07-09I 3) 139 II TO: FROM: SUBJECT: 'CITY COMMISSION DOcUM'ENTATION DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, PLANNING AND ZONING'DIRECTOR ~ / MEETING OF JANUARY 18, 2000 APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION ON THE SILBERSTEIN OFFICE BUILDING AT 219 NE IsT AVENUE--REQUEST FOR FURTHER CONTINUANCE This appeal relates to the Historic Preservation's Board's review of the plans to renovate the above referenced structure, which is located on Banker's Row. The Board denied the applicant's request to replace the original wood windows at the front of the structure with aluminum windows. The Board's denial was based upon the design guidelines for Banker's Row, which require wood windows on the front elevations. These guidelines were developed prior to the post-Hurricane Andrew building code revisions for the protection of window and door openings. The code changes have created some difficult choices for the treatment of windows in historic structures, and aluminum windows with impact resistant glass are probably among the better solutions. This appeal was postponed from the City Commission meeting of December 14, 1999 to allow the HPB time to review the Banker's Row design guidelines and amend them as necessary. That review is still ongoing, and input has been solicited from the affected property owners. Those owners have been invited to participate in a discussion of this issue at the Board's meeting of January 19, 2000. Mr. Silberstein has installed the aluminum windows with the understanding that if the Board does not modify the guidelines accordingly, and his appeal is unsuccessful, he will replace them with wood windows. In light of the fact that the resolution of this issue is ongoing at this time, it would be appropriate to continue the appeal for at least another month. RECOMMENDED ACTION By motion, continue the appeal to the meeting of February 15, 2000. ~i31/11/0 ®2.34 PM [~ 1/1 Silberstein Architects International 1001/2 NE 5~h Avenue, Ddray Beach, R~nda 33483 Tet 561.276.9393 Fax 561.276.0585 Ucense AR0013424 DATE: TO: FROM: RE: VIA: January 11, 2000 Diane Dominguez Jeffrey Silberstein COA - 399 SII .RERSTEIN OFFICE BUrl.DING Fax I have been trying to contact you regarding the postponement of our appeal. I believe you said it was postponed till January 18 and that you had hoped the guidelines would have been changed by then. Please advise how I am to proceed. Thank you. Sincerely, Jeffrey Silberstein, A.I.A. Memo To: From: Re: David Harden, City Manager Lula Butler, Director, Community Improvement ~,,,~,,,/--'~ - -.....~ January 13, 2000 Coral Trace Development Request for Waiver of Permit Fee ITEM BEFORE THE COMMISSION: City Commission reconsideration of the action taken at the Regular meeting of January 4~ on the request submitted by Mr. Jeffrey N. Spear, President of the Spear Coral Corporation, managing partner of the Coral Trace Development. Mr. Spear is again requesting waiver of the $12,077.35 permit fee assessed for the s~te development permit for Phase II of this project. BACKGROUND: This item was before the Commission at the regular meeting of January 4. Mr. Spear, representing the Coral Trace Development, was not present at the meeting. He believes the Commission's action may have been different if he had been present to present his hardship. The applicant was aware of the scheduled agenda item. I have attached a copy of my transmittal memorandum as submitted for the January 4 agenda item. In addibon, staff would like to reinforce the fact that Coral Trace Development is required to submit a new application w~th revised plans that address prior comments as well as changes resulting from consultations with the Environmental Services Department. Although staff may be familiar with these plans, having reviewed them in 1997 and 1998, a complete staff review is still required to ensure that the plans submitted complies w~th design standards. In addition, the $12,077.35 that was paid by the prior development group is one half of the assessed permit fee. The City does not have a separate "plan check" fee. We collect half of the permit fee at the time applications for projects estimated at over $20,000 are submitted. Mr. Spear was contacted several times pdor to the application being closed, in our efforts to ensure he understood the implications. The closed file and plans were retumed to him as the owner. We had a similar situation with the Coral Trace clubhouse permit; he resubmitted and paid all fees as required. RECOMMENDATION: Staff recommends denial of the request to waive the permit fees in the amount of $12,077.35 paid in 1997 for the site development permits for Phase II of the Coral Trace Development as requested by Mr. Jeffrey Spear, President of the Joint Venture for the development. · Page 1 January 7, 2000 CiTY COMMISSION c/o City Managers Office 1 O0 NW 1" AveC~ue Delray Beach, Florida 33444 Re: City Commission Janum¥ 4'h Meeting, Regular Agenda Item D Dear Mayor Alperin: At the next city commission hearing on Janum¥ 18~' we would I~ke to request a reconsideration of the item D regarding the prior Iand development permit fee acceptance for Coral Trace. It is with much regret that we (lid not realize tt~at this item wc)uld be on the commission agonda of January 4'h. We strongly wish to make a presentation for this hardship situation. We appreciate your consideration of the above situation request. Sincerely, CORAL TRACE A JOINT VEN I'URE By: Spear Coral Corp., managing partner Jeffrey N. S/ear / President JNS/gs c'~ ,..~w~ a]~.e~ ,,~ - ~a.ct clc-velupmen! ~'rma ~ue ,~,.eulancr' m oc,P.~O w~,xJ 2531 Coral Trace l'laet: * l~elr:ty lk'at:h. FI, 334-t5 * 561-243-690¢) ' Fax 561-2 t3-6985 ~O'd 9~2.~6~6 800800! dflOS~U~d$ ~U 9£: 60 BO--IO--NU£ Memo To.' David Harden, City Manager From: Lula Butler, Director, Community Improvement Re: Coral Trace Development Request for Waiver of Permit Fee ITEM BEFORE THE COMMISSION: City Commission consideration of a request as submitted by Mr. Jeffrey N. Spear, President of the Spear Coral Corporation, which is the managing partner for the Coral Trace Development. Mr. Spear is requesting waiver of the $12,077.35 permit fee assessed for the site development permit for Phase II of the project. BACKGROUND: The original developer, via his contractor, Shelter Construction, submitted the appropriate applications and plans for site development November 12, 1997 for Phase II of the Coral Trace Development. Plan check fees in the amounts of $7,626 and $4,451.35 (totaling $12,077.35) were assessed, representing one half of the actual permit fees. Sometime after November 1997, the developer filed for bankruptcy. The site development permits were unable to be ~ssued because of comments from staff, which tnggered required changes to the plans before final approval The City Engineer did the last staff review on July 14, 1998 and he disapproved the plans because of deficiencies. Revised plans addressing the Engineer's comments were never responded to The permits were closed on November 30, 1999 after no activity for more than 180 days. The Spear Group, under a joint venture with Aurora Homes (the odginal developer), is the development group for the Coral Trace project. Mr. Spear has put forth an argument that the plans which require minor changes should be accepted with a credit for the plan check fees paid, since staff has already done the major plan review work and the changes that must be submitted at this time are m~nor or are required by City Staff. He is also claiming a financial hardship to the company. The applicant is required to submit new applications and plans for the site work for Phase II of this project. Staff is responsible for reviewing the plans again to ensure all comments have been addressed and are submitted in compliance with the approved site plan. It is staffs position that new fees are applicable since the submission includes changes and the initial review of these plans were done two (2) years ago. We also believe the new Joint Venture partners were fully aware that the original permits had been closed and that new applications would be necessary. RECOMMENDATION: Staff recommends denial of the request to waive the plan check fees for the site development permits for Phase II of the Coral Trace Development submitted by Mr. Jeffrey N Spear, President of the Joint Venture for the development. Coralwaiver. 1299 RECEIVED city AU,q E FACSIMILE MESSAGE ~ FT. LAUDERDALE, FL 33314 TO: ORGANIZATION: CITY COMMISSION u/u CITY [MANAGERS OFFICE DELRAY BEACH, FLORIDA (561) 243-7166 MAYOR ALPERIN (NOTIFY IMMEDIA ! ELV UPON ARRIVALI LOCATION: FAX NUMBER: FROM: ATryENTION: FAX NUMBER- TELEPHONE - ORIGINATOR: (954) 792-7126 (954) 581-9000 JEFF SPEAR SALES (561) 243-6985 (561) 243-6900 FIELD (561) 276-0969 (5(,1) 276-0901 256 EXT.# DATE: JANUARY 7, 2000 TOTAL PAGES: 2 (INCLUDING COVER SHEET) CITY COMMISSION 0ANUARY 4th MEETING, RECULAR REGARDING: $IIOULD YOU ENCOUNTER ANY PROBLEMS WITIt TRANSMITTAL, PLEASE CALL THE ABOVE TELEPHONE NUMBER [O'd 9~]Z~6ZO§6 ooo0o0I dnO~U3dS Mu g£:6o TO: THRU: FROM: SUBJECT: VID T. HAlOgEN, C!TY MANAGER I~L~NIN~NG DIRECTOR JA~'~'~KS, SENIOR PLANNER MEETING OF JANUARY 18, 2000 APPROVAL OF AN IN-LIEU PARKING FEE FOR THREE SPACES FOR TOWN SQUARE, A MIXED-USE DEVELOPMENT TO BE LOCATED ON THE SOUTH SIDE OF NE 1~' STREET BETWEEN THE FEDERAL HIGHWAY PAIRS. At its meeting of October 20, 1999, the Site Plan Review and Appearance Board approved site and development plans for Town Square, a proposed mixed-use development. The approval will allow the construction of a 17,380 square foot office building with a drive thru bank (Republic Security Bank) and 22 fee simple townhomes. At the time of writing of that staff report the parking requirement for the project was 90 spaces and only 84 spaces can be accommodated on site, which created a deficit of 6 spaces. The City Commission has since approved a change in the parking requirements to allow a reduction in parking for multiple family structures in the CBD from 2 spaces per 2 bedroom units to a rate of 1.75 spaces per 2 bedroom unit. This reduces the parking requirement for the project to 87 spaces. A condition of that approval was the payment of an in-lieu fee for the deficient parking spaces. As currently designed, the project provides 84 spaces on site and 6 new parallel spaces (in addition to the two existing spaces) within NE 1st Street right-of-way, and 87 spaces are required under the new parking regulations. The spaces to be located in the right-of-way may not be counted towards meeting on site requirements, leaving a deficit of 3 spaces. The applicant has requested approval to pay an in-lieu parking fee of $36,000 for the 3 required spaces. While the proposed on-street spaces cannot be counted towards meeting the parking requirement, the cost of their installation can be credited against the in-lieu fee [LDR Section 4.6.9(E)(3)(e)]. The Parking Management Advisory Board recommended approval of the in-lieu fee for the original six spaces at its meeting of September 27, 1999, which has now been reduced to three spaces. By motion, approve the in-lieu parking fee ($36,000) for three (3) spaces for Town Square. Attachment: Site Plan CC:Town Square In-Lieu 129 42'(Meas,) '130'(Caic f~om Plat) N.E l~t STREET 12484'(Mea$) 125'(C0~c fresh Pt(3t} TOWN SOUARE for - _. IRONWOOD PROPERTIES, I~,. TO: THRU: FROM: SUBJECT: AVENUE. The action requested of the City Commission is that of acceptance of an in-lieu parking fee for 512-520 E. Atlantic Avenue, pursuant to LDR Section 4.6.9(E)(3). The subject property is located on the south side of E. Atlantic Avenue between the Federal Highway pairs (NE 5th Avenue and NE 6th Avenue) and is zoned CBD (Central Business District). At its meeting of November 5, 1999, the S~te Plan Review and Appearance Board approved a Class III Site Plan modification to allow a 2,334 sq ft. expansion to an existing commercial building with associated landscaping and parking. A condition of approval was that prior to submission of a building permit application, an in-lieu parking fee be provided for 8 spaces. The proposal requires 14 parking spaces (8 new and 6 replacement spaces) however, pursuant to LDR Section 4.4.13(G)(1)(b), when parking requirements are applied to new development or a change in use, said parking requirements can be reduced by one parking space on a one time only basis. With the one- t~me reduction, a total of 13 spaces are required and 5 spaces are provided on-site, which results in a deficiency of 8 parking spaces. A 39 space public parking lot is adjacent to the south of the subject property as well as public on-street parking along E. Atlantic Avenue. Thus, there is available public parking in the immediate area to accommodate the parking demand. Pursuant to LDR Section 4.4.13(G)(1)(c), it is stated that within the CBD when it is impossible or inappropriate to provide the required parking on-site or off-site, the parking requirement may be met by providing an in-lieu parking fee of $12,000 a space [REF: Section 4.6.9(E)(3)(b)(2) -Area 2: Parcels located west of the Intracoastal Waterway which area zoned CBD and which are not included within the Pineapple Grove Main Street area]. As recommended by the Parking Management Advisory Board at its meeting of September 28, 1999, the applicant is to provide for the in-lieu parking in the following manner: · Payment for the 8 deficient parking spaces in full for a total of $96,000. By mobon, approve the in-lieu of parking fee of $96,000 for 8 parking spaces for 512-520 E. Atlantic Avenue. Attachment: · Site Plan · Survey ! !I- TO: THRU: FROM: SUBJECT: DAVID T. HARDEI~ CITY MANAGER t, \ DIANE DOMING UE~~~ECTOR DEPARTMENT OF PLANNING AND ZONING MICHELLE E. HOYLAND, PLANNER MEETING OF JANUARY 18, 2000 ACCEPTANCE OF SIDEWALK EASEMENT AND RIGHT-OF-WAY DEDICATION ASSOCIATED WITH 512-520 EAST ATLANTIC AVENUE. The action requested of the City Commission is acceptance of sidewalk easement and right-of-way dedication associated with 512-520 E. Atlantic Avenue, located on the south side of E. Atlantic Avenue between the Federal Highway pairs (NE 5th Avenue and NE 6th Avenue) and is zoned CBD (Central Business District). At its meeting of December 17, 1999, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for 512-520 E. Atlantic Avenue subject to conditions, which included dedication of right-of-way and execution of a sidewalk easement agreement prior to issuance of a building permit. The approval was for a 2,334 sq.ft, addition to the existing 5,905 sq. ft. building, including elevation changes. Pursuant to LDR Section 5.3.1(D)(2) and the Transportation Element of the City Comprehensive Plan, the required right-of-way width for this section of East Atlantic Avenue is 80' and 66' currently exists. Thus, this development is responsible for dedication of an additional 7' of right-of-way. The portion of the property to be dedicated contains a 9.9' wide sidewalk with landscaping. A sidewalk easement agreement must also be executed for the 2.9' of public sidewalk existing on the subject property. The City Attorney has reviewed the right-of-way deed and sidewalk agreement for legal sufficiency and form, and determined it to be acceptable. By motion, accept the sidewalk easement and right-of-way dedication for 512-520 E. Atlantic Avenue. Attachments: Location Map Reduced Site Plan Right-of-Way Deed and Sidewalk Easement Agreement OLD SQUARE SE z SE SE N.E NE ATLANTIC 2ND 3RD 2ND 1s'r ~UD 'S $"r ST ST. ST ST VE TERA NS PARK ATLANTIC PLAZA AVENUE BAR ~ARBOUR CONDO SEA GA TE TOWERS Cl~ OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT 512-520 EAST ATLANTIC AVENUE -- DI~'I~'AI. 8,4~£ IV~P SYSTEM -- MAP REF* LM¢02 m~qlS~ '~,- !j ~JJi JJJiJJ Prepared By: Louis J. Carbone, Esq. Law Offices of Louis J. Carbone, P.A. 65 NE 4m Avenue Deiray Beach, Florida 33483 Record and Return to: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED AND SIDEWALK EASEMENT THIS INDENTURE made this day of Sanuary, 2000, between 512-520 Delray LLC., a Florida Limited Liability Company, having an address at 118 N. Bedford Road Suite 203 Mt. Kisco, New York 10549 , as party of the first part and THE CITY OF DELRAY BEACH, a municipal corporation existing under the laws of the State of Florida, 100 N.W. l't Avenue De[ray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations paid, receipt of which is hereby acknowledged, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: SEE EXHIBITS 'A" and "B" ATTAHCED HERETO AND MADE A PART HEREOF THIS Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a seven (7') foot fight-of-way along East Atlantic Avenue and a and two foot nine inch (2.9') sidewalk easement in and to said lands for public highway or street purposes; and is made, executed, and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property except for landscaping as permitted by the party of the second part. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good fight and lawfiil authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set its hand and seal the date first above written. Signed, sealed, and delivered in the presence off PARTY OF THE FIRST PART 512-520 OF DELRAY, LLC Witnesses: (Prim or Type Name) By: CHARLES ROSNER, Managing Member (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of January, 2000 by CHRLES ROSNER, Managing Member of 512-520 DELRAY, LLC. a Florida limited liability company on behalf of the company. He is personally known to me or has produced identification (type of identification) as identification and (did/did not) take an oath. Signature of Notary Public- Print, Type, or Stamp name of Notary Public EXHIBIT A RIGHT OF WAY The north seven ('~') feet&the following described parcel: The East 5 feet of Lot 2 and all of Lots 3 and 4, Block 109, TOWN OF DELRAY, formerly Linton, according to the Plat thereof, as recorded in Plat Book 1 at Page 3, of the Public Records of Palm Beach County, Florida. SIDWALK EASEMENT The South 2.90 feet of the North 9.90 feet of the following described parcel The East 5 feet of Lot 2 and all of Lots 3 and 4, Block 109, TOWN OF DELRAY, formerly Linton, according to the Plat thereof, as recorded in Plat Book 1 at Page 3, of the Public Records of Palm Beach County, Florida. EXHIBIT B SKETCH OF PROPOSED RIGHT-OF-WAY TAKING AND SIDEWALK EASEMENT MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM (~ ~' - REGULAR MEETING OF JANUARY 18, 2ooo LOCATION OF PLAYGROUND EQUIPMENT AT ORCHARD VIEW PARK JANUARY 14, 2000 Attached is a request from the Director of Parks and Recreation that the playground eqmpment currently located on Orchard View Elementary School property be relocated to a site withm the Orchard View Park property. Mr. Weldon believes this would be a more appropriate location to insure that the playground equipment is accessible to everyone at all umes. In its current locatton ti'ns is not possable due to constraints placed by the school. The current location as well as the proposed location are highlighted on the attached maps. The proposed site is roughly 100 yards from the school sate. Per Mr. Weldon's memo, the school could continue to make use of the playground m the new location. Commission direction is requested. Ref:Agrnemol 1.Playground Eqmpment. Orchard V~ew Park [IT¥ OF DEl, Il;IV BEli[H 993 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Orchard View Park DATE: January 13, 2000 Originally in the planning of Orchard View Park, we discussed with the School Board about installing playground equipment on their property that would be available to both the school children and park users (see Exhibit A) . However, after further discussions, the principal at Orchard View wants to limit the access of park users to the playground and to keep it for use only by school children certain hours of the day (see attached letter). I am unwilling to do this in that it is being purchased with City funds, and I want to make sure it is available to residents at all times. There are many parents with preschool children who frequently use our playgrounds at all hours at Veterans Park, Barwick Park, etc. and I am sure the same will be true at Orchard View Park. Therefore, I am proposing that the playground equipment be relocated within the park as shown in Exhibit B. The school can continue to make use of the playground in this area in that it is located about from the area originally proposed. Ioo Please place this on the January 18, 2000 agenda for City Commission consideration. J .~eldon Di~tor of Parks and Recreation Attachments JW:cp Ref: ovpleqmv Ptfnted on Recycled Paper THE EFFORT ALWAYS MATTERS 12/03/1999 1i:40 407-27g-1793 ~ ORCHARD VIEW ELEH PAGE 02 4050 Old Genmantoem Road Delray I~ch, Florida 33445 Phone: (561) 27(J-1770 Fax' (561) 27g-~793 Palm Beach County Scho~ OisW~ Debra P. Johnson, Prir~ipat Pamela P. Pq3aca. Assistant Prlnci~l Fdday, December 3, 1999 Mr. Joseph Weldon Director of Parks and Recreation City of Oelray Beach 100 NW 1st Avenue ~ Delray Beach, Florida 33444 Dear Joe: Following our conversation I thought of an idea that may meet everyone's needs. What if the playground was open to the public fi.om sun up to 10:00 a.m. and from 2:00 p.m. to sun down? Between 10:00 a.m. and 2:00 p.m, the playground could be used by the children in affendance here. The staff here could insure that the playground gates were locked and unlocked at scheduled times. My rationale with this recommendation is as follows: · Orchard View is a neighborhood school. Most of the children in the community near the park are in attendance here during the day anyway. The playground would certainly serve many more children from the community with a school schedule than without one. · When the children are dropped off and picked up from school, parents and/or guardians could use the playground for those younger siblings I hope this looks workable to you. Please call me if you have alternative ideas. My line is 279-1777. Sincerely, Debra Johnson ~lTte mission of O~cttard View Elementary $clu~ol is to provltle opportunities for all students to become literate and seif-motivttte& FYe will also provide our stttdent~ with experiences to help develop goed cititensttlp, positive ~iiltudes and respect for othet~ II "' J,t ljJiJ! j~ -' '"',, ,,,,,,, ,,, t t ] ~ ,t ~, ! I ljtj ]iii Jtt~ ,it. i ,t { '~{, lil{,d .itl. a{tt .ti .,! ..,li l l~ii Ifil .m ? J !1 :~l h',~ ililiJ ! I! iii # 0 I!, I AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: January 13, 2000 XX Regular Agenda __SpecialAgenda __WorkshopAgenda When: January 18, 2000 Description ofagendaitem: Request approval to relocate playground equipment within Orchard View Park. ORDINANCE/RESOLUTION REQUIRED' YES Draft Attached: YES Recommendation: Approval. NO X NO X Department Head Signature: Determination of Consistency wit~h~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives' Account Number. Account Description: Account Balance: City Manager Review: Approved for agend~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No No Disapproved (if applicable) [ITY OF I]ELARY BER[H pE, LBoAY. B,EAoCq NI-AmedcaCity TO: 1993 FROM: 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 David T. Harden City Manager Robert A. Barcinski Assistant City Manager MEMORANDUM DATE: January 14, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 18, 2000 EVENT APPROVAL - SAILBOAT RACE 561/243-7000 Action City Commission is requested to consider approval of a request from the Delray Beach Cat Sailors to stage a sailboat race from our Municipal Beach allowing access and assembly, and to utilize public parking for vehicles and trailers at no charge. Background Attached is a request from Mr. Chip Collard on behalf of the Delray Beach Cat Sailors to conduct a sailboat race from our Municipal Beach on February 19, 2000, starting time 9:30 a.m. ending at about 5:30 p.m. They are requesting boat access to the ocean for out of town sailors at Casurina, assembly on the north end of the beach for start of the race and the awards ceremony, and use of parking at Anchor Park free of charge for vehicles and boat trailers. They anticipate approximately fifty (50) participants. They are also requesting access and use of the beach on February 20e for a day of sailing and a fishing tournament. City Commission would have to waive City Ordinance number 101.32 "Assemblies" and waive parking fees. In addition, we would need to require general liability insurance, a hold harmless agreement, and individual waivers from participants in a form as approved by the City Attorney. Attached also is a memorandum from Mr. Weldon expressing concerns and providing recommendations on lifeguard needs, time frame of the race, alcoholic beverage consumption, and parking. Recommendation Staff recommends Commission consideration of the request from the Delray Beach Cat Sailors to utilize the Municipal Beach for access and assembly for the proposed sailboat race to be held on February 19, 2000 from 9:30 a.m. to approximately 5:30 p.m. and on Sunday February 20th, waiving ordinance 101.32 "Assemblies" under the following conditions: ~ The applicant is required to provide general liability insurance a hold harmless agreement, and participant waiver forms as prescribed by the City Attorney. ~ Prohibit use of alcoholic beverages on the beach and other City properties. THE EFFORT ALWAYS MATTERS Event Approval - Sailboat Race Page #2 Require three (3) lifeguards be present at race start as recommended and pay overtime costs (estimate $200). If City parking lot used for parking reimburse the City for lost revenue (estimate $300). Set an ending time for the race of no later than 4:00 p.m. RAB:tas Cc: Joe Weldon File:u:sweeney/agenda Doc: sailboat race To: From: Date: Re: 1/11/00 Robert Barcinski - Please prepare agenda memo for this special event request. (per DTH) kwg David Harden, City Manager Chip Collard, Delray Beachcat Sailors 3040 Jasmine Terrace Delray Beach, FL 33444 750-2107 December 28, 1999 CITY ~ANAGER Ci[y Commission Meeting Agenda Request, Sailboat Race We would like to host a beach catamaran sailboat race February 19th, 2000.in the ocean from the north end of Delray Beach to Hillsboro Inlet and back. The total distance will be twenty-eight miles. If the weather conditions are poor the date will be changed to February 20th or the following weekend. We're hoping to have fifty boats participate with two sailors on each boat. We can get insurance from the US Sailing Association and have the participants sign a waiver like the one enclosed. There will be a US Sailing Association certified race official to explain the race rules and start'the race. It would be nice if the city could provide the racers with a parking pass similar to the Budweiser Volleyball Tournament. The out of town sailors w~ll unload their boats at the south end and will need a place to park 15-20 trailers We may be able to park them in office building lot on George Bush blvd. or the city could allow trailers on the grass at the north end on AIA. This event won't be big enough warrant security or traffic control. The race has one sponsor thus far, Technisource, Inc and we're working on more. Any proceeds from the race will be donated to Reef Relief, a non-profit organization. We look forward to explaining more about the race to you and the city commissioners and thank you for your time. Schedule Friday 6-gp.m.: Late registration ond Skipper's AAeeting at Boston's Restaurant. Saturday 9:30a.m.: Skipper's AAeeting on the North end of b¢lray Beach. lO:OOa.m.: Race Start 4:30p.m.: Trophy Presentation at the finish Line on the beach. Sunday All day: Challenge races, fishing tournament and sailing fun. $20 REGISTRATION FEE GETS YOU A T'SHIRT~ RACE PACKET FILLED ~/ITH GOODIES FROM OUR SPONSORS, A CHANCE AT A COOL TROPHY AND HELPS PAY FOR THE RACE INSURANCE. THERE IS A LATE FEE Of $10 AFTER 2/12/00. EXTRA T'SHIRTS ARE $10. CONTACT CHiP COLLARD (561 )750-2107 Delra Beach Ocean Rescue 340 South Ocean Blvd · Delray Beach, Flonda 33483 · (561)243-7352 · FAX(561)243-7270 To: Thru: From: City Manager- David Harden Director of Parks and Recreation~oe Weldon Rescue Superintendent - Richard Connell Subject: :Race Proposal Date: In response to Mr. Chip'i' concerns: Time of the factor in starting daylight are within daylight hours. Distance of the race - Hillsborough Inlet is February vary consideral~ly would recommend allow the race to bi Unloading building Park will cost 'the following and would be a Hours of ~ of~lhe race should be well of trailers - I in the letter. Offioading boats and storing 1: City parking revenues and create confusion in the distance to ~i~t~pt. The winds during with cold fronts. I afifi~ack. This would office at Anchor ·: parking lot. I disagree with Mr. Collard's assumption this would not warrant security or traffic control. During the season, autos drive through the parking lot continuously waiting for the next available space. This in itself creates problems for cars trying to enter and exit the parking lot without the addition of trailers. The last sailboat race the City hosted was in 1991 during the Sunrise Kiwanis July Beach Festival. The organizer of that event had two boats on hand to follow the sailboats for safety and support. This proposal does not specify any support or safety boats. Alcoholic beverages on the beach and on board the sailboats was a problem and are prohibited by Municipal Ordinance. ref: C:LMyDocuments\wwdata\Sailboat Race Proposal.doc The attendance at the north end of the beach, the location of this proposed event, during February 1999, averaged 100 people per weekend day. This will require three additional lifeguards: one to supervise the shoreline, and two in the inflatable rescue boat to patrol the perimeter of the swimming area as sailboats launch and turn south toward Hillsborough Inlet. Sailboat races have been conducted at Delray Beach in the past without accident or injury. However, proper planning and management of this type of event cannot be underestimated. The potential for injury to sailors and swimmers in the swimming area is increased. Ultimately, the decision from my perspective is how much the City of Dekay Beach is willing to extend itself in the form of additional parking, staffing, and liability. Richard Connell Ocean Rescue Superintendent Assistant Director of Parks and Recreation - Joe Dragon ref: C:~VlyDocuments\wwdata\Sailboat Race Proposal.doc HOLD HARMLESS AGREEMENT ., for good and valuable consideration, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for use of the City's public beach or facilities for the special event of the "Delray Drag Race", which includes, but is not limited to, the loading and unloading of the boats at the Casuarina Road entrance to the public beach as well as all other activities associated with the race that will take place on Saturday, February 19 and all activities associated with this event that will occur on Sunday, February 20. shall list the City of Delray Beach as an additional insured on its comprehensive general liability policy and provide the City with a copy of such policy. Furthermore, it shall be the responsibility of to have each person who is participating in the "Delray Drag Race" or any other activities associated with this special event to execute the waiver agreement, attached hereto as Exhibit "A", prior to that person's participation in any activity. Witness Name Witness Tire EXHIBIT "A" RELEASE/WAIVER I, THE UNDERSIGNED, INTENDING TO BE LEGALLY BOUND, DO HEREBY FOR MYSELF, FAMILY, GUARDIANS, CHILD/CHILDREN, HEIRS, EXECUTORS AND ADMINISTRATORS, WAIVE AND RELEASE ANY AND ALL RIGHTS AND CLAIMS FOR DAMAGES WHICH, I/WE MAY HAVE AGAINST THE CITY OF DELRAY BEACH, THEIR REPRESENTATIVES, SUCCESSORS AND EMPLOYEES FOR ANY INJURIES I/WE MAY SUFFER IN CONNECTION WITH MY/OUR PARTICIPATION IN THIS EVENT. THIS RELEASE/WAIVER SHALL APPLY FOR ALL ACTIVITIES ASSOCIATED WITH THE "DELRAY DRAG RACE" EVENT OCCURING AT THE DELRAY MUNICIPAL BEACH ON FEBRUARY 19 AND 20, 2000. THIS RELEASE SHALL ALSO APPLY TO ANY DAMAGE THAT MAY OCCUR TO THE PARTICIPANT'S BOAT OR OTHER PERSONAL PROPERTY, REGARDLESS OF WHO IS AT FAULT. I HAVE READ AND UNDERSTAND THE ABOVE STATEMENTS RELATING TO THE "DELRAY DRAG RACE" EVENT. PARTICIPANT'S SIGNATURE DATE MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ]-/. - REGULAR MEETING OF JANUARY 18, 2000 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS DATE: JANUARY 14, 2000 This is before the Commission to consider approval of the following housing rehabilitation contracts: $11,376.75 to Abisset Corporation for 910 S.W. 3ra Court $15,650.00 to South Florida Construction for 687 N.W. 46th Avenue Funding in the total amount of $27,026.75 for these two grants is available from 118-1963-554-49.19 (CDBG Housing Rehabilitation). For the most part, housing rehabilitation grants through our affordable housing programs are placed on the agenda as consent items under award of bids and contracts. In this instance, however, the grant award for 910 S.W. 3rd Court IS not to the apparent low bid but to Abisset Corporation as the lowest responsive bidder. As explained in the attached memorandum from the Commumty Development Division, the low bid was not considered as the reqmred bid bond or check was not provided. Therefore, the recommendauon is to award that particular contract to other than the low bidder which requires consideration by the City Comtmsslon on the regular agenda. Recommend approval of the housing rehabilitation grant award contracts as outlined above. RefiCDBG Housing Rehab Awards MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Ken Thomas, Community Development Coordinator Lula Butler, Community Improvement Director January 12, 2000 Community Development Division's Housing Rehabilitation Grant Awards for Two Units ITEM BEFORE THE COMMISSION This is to request approval for two Housing Rehabilitation grant awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low responsible bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Community Development Division provides the City of Delray Beach's Instructions to Bidders and General Bid Specifications during the formal bid process to all contractors/companies participating in the City's Affordable Housing Rehabilitation Program. The Division is responsible for ensuring that housing rehabilitation contracts are awarded to the lowest responsible bidder who meets all of the requirements contained in the Instruction to Bidders. The Contract Award and Bid Summary sheets are attached for your reference. Bids were awarded to the "lowest bidder" with the following exception: 910 SW 3ra Court: The "lowest bid" was submitted by William Hatcher Construction, an existing contractor in the City's Affordable Housing Rehabilitation Program. The Instructions to Bidders specifies that "a 5% bid bond, cashier's check or company check must accompany each proposal". William Hatcher Construction's bid was not accompanied by a bid bond, cashier's check or company check and was therefore not considered. RECOMMENDATION Staff recommends awarding the bids for two Housing Rehabilitation projects to the verified responsible low bidders and authorizes awards in the following amounts: Case Number Address Contractor 97-005 HR 910 SW 3rd Court Abisset Corporation 99-026 HR 687 NW 46th Avenue South Florida Construction Grant Amount $11,376.75 $15,650.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-12 HR APPLICANT: Bobby Gilchrist PROJECT ADDRESS: 910 SW 3rd Court DATE OF BID LETTERS: December 21, 1999 DATE OF BID OPENING: January 7~ 2000 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE AMOUNT OF BIDS $ 10,835.00 $ 8,678.00 $ 11~215.00 $ 15~085.00 $ 14,180.66 $ $ 9,670.00 CONTRACTOR AWARDED CONTRACT: Abisset Corporation BID/CONTRACT AMOUNT: $10~835.00 bid/contract amount (+ 5% Contingency = $11,376.75) FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554.49-19 COMMENTS: William Hatcher Construction was not awarded the bid/contract because of failure to submit 5% bid bond as stipulated in the Notice to Contractors. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-12 HR APPLICANT: Eloise Griffin PROJECT ADDRESS: 687 NW 46t~ Avenue DATE OF BID LETTERS: December 21~ 1999 DATE OF BID OPENING: January 7~ 2000 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ WILLIAM HATCHER CONSTRUCTION $ T. H. MOTTLEY CONSTRUCTION $ 18~525.00 KONRADY CONSTRUCTION CO., INC. $ CRAFTSMAN PLUS, INC. $ 27~605.00 DAKOTA CONSTRUCTION, INC. $ 34~200.00 J.A.S. CONSTRUCTION $ HENRY HAYWOOD $ FRANK BOUMAN CONSTRUCTION $ MICHAEL SHUBERT CONSTRUCTION, INC. $ WRIGHT'S WAY ROOFING $ SOUTH FLORIDA CONSTRUCTION $ 14,905.00 NAUTILUS CONTRACTING CO., INC. $ IN-HOUSE ESTIMATE $ 15,225.00 CONTRACTOR AWARDED CONTRACT: South Florida Construction BID/CONTRACT AMOUNT: $14~905.00 bid/contract amount (+ 5% Contingency = $15,650.00) FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554.49-19 COMMENTS: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda ~ Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR Agenda Item No.: Date: January 12, 2000 When: January 18, 2000 TOTAL GRANT AMOUNT 97-005 HR 910 SW 3rd Court Abisset Corporation $11,376.75 99-026 HR 687 NW 46t~ Avenue South Florida Construction $15,650.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draf~ Attached: YES/NO Recommendation: Recommend approval of two Community_ Development Block Grant (CDBG) Housing Rehabilitation Grants and Contract Awards from Account 118-1963-554.49-19 in the total amount of $27,026.75. Each grant amount includes 5% contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of~funds): Funding available: ~NO~ 1/~4~ ~ Funding Alternatives: (if applicable) Account No. & Description: ~3~_~;~ P.s~.~ (~4~-~,,._(..l~.'~tc',~--S~c_,,~.13") Account Balance: ~'~ t ~.oc3 o City Manager Review: Approved for agenda~'qO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action · Approved/Disapproved Memo To~ Re: David Harden, City Manager Lula Butler, Director, Community Improvement January 13, 2000 Visions 2010 Proposed Boundaries for Appointment of Nominating Committee ITEM BEFORE THE COMMISSION: Proposed maps delineating the boundaries for the appointment of the nominating committee responsible for recommending a 15-member Steedng Committee for the Visions 2010 Planning Retreat proposed for November 2000. BACKGROUND: The Commission by consensus at its regular scheduled workshop meeting on January 11, 2000 gave staff direction to present the proposed boundaries from which a nominating committee could be appointed. The Commission expressed its desire to have a five or seven-member committee representative of the diverse community who will assume the responsibility of recommending the 15 member Steedng Committee for the Visioning process. Staff has proposed the following: The attached map which divides the City into seven (7) target areas, with one appointment per Commissioner and two consensus appointments by the entire Commission. The nominating committee would then recommend two representatives each from their areas to serve on the 15-member Steering Committee. The Commission would have one at-large appointment. RECOMMENDATION: Staff is recommending approval of the 7 areas as proposed for the purpose of appointing a nominating committee as a part of Visions 2010 Planning process based on the ~ndividual assigned area. Commissioners should select their area at this regular meeting and make the actual appointments at the next regular meeting. ® Page I (~...~.,, CITY OF DELRAY BEACH, FLORIDA Vision 2010 Community Forum GULF STREAM BL VD CANAl. i LOWSON BOULEVARD L-38 CANAL ROA! N W 2ND ST S.W 2ND ST UNTO~ C-15 CANAL ........ CITY LIMITS ......... NUMBER ONE MILE I GRAPHIC SCALE CI'P( OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JANUARY 2000 Agenda Item No.: ~..~ AGENDA REQUEST Request to be placed on: xxxx Regular Agenda Special Agenda __ Workshop Agenda __ Consent Agenda Date: January 13, 2000 When: January 18, 2000 Description of Item: Proposed maps delineating the boundaries for the appointment of the nominating committee responsible for recommending a 15-member Steering Committee for the Visions 2010 Planning Retreat proposed for November 2000. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff is recommending approval of the 7 areas as proposed for the purpose of appointing a nominating committee as a part of Visions 2010 Planning process based on the individual assigned area. The Commission should select their area at this regular meeting and make the actual appointments at the next regular meeting. Department Head Signature: ' ~.~..~~~~;~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ AGENDA ITEM #C~.J"REGULAR MEETING OF JANUARY 18, 2000 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD JANUARY 14, 2000 The term for John Goodman, regular member, serving in the capacity of real estate person and James Griffis, regular member, serving in the capacity of general contractor will expire on January 14, 2000. Both have served two complete three-year terms and are not eligible for reappointment. The term for George Brewer, regular member, architect, serving in the capacity of subcontractor will also expire, he was appointed to fill an unexpired term, therefore he is eligible for reappointment and would like to be considered. Roger M. Simon, alternate member, real estate person, serving in the capacity of layperson, is interested in being appointed as a regular member (attendance records attached). All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor Janet E. Baron George Brewer Jay E. Hasner Roger M. Simon Josh Smith, Jr. (administrative) (architect) (general contractor-currently on BCA) (real estate-alternate) (educator) Pursuant to Commission direction, a check for possible liens/code violations was conducted. None were found, with the exception of Josh Smith, Jr. (see attached). The order of appointment will be as follows: Commissioner Schmidt (Seat #1) - real estate person, regular member Commissioner Archer (Seat #2) - general contractor, regular member Commissioner Wright (Seat #3) - subcontractor, regular member Recommend appointment of one (1) real estate person, regular member, one (1) general contractor, regular member and one (1) subcontractor, regular member for a three (3) year term ending January 14, 2003. board comm~s~ton memo code board I 18 00 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 , Please type or prim the following information: 1. Last Name: Name Middle Initial BARON Janet E. 2. Home Add.ss: 3. Legal Residenc~ - ~ame 4. Principal Business Address: Same 5. 'Home Phone: ( 561 ) 279-0931 #6 City Delray Beach City State FL State Zip Code 33483 Zip Code City State Zip Code Business Phone: (561) 279-0931 6. What Board(s) are you interested in serving? Historical Preservation, Board of Adjustment 7~ others would be considered ListallCi~ Boardsonwhichyouarecurrentl~sc~ingorhavepreviouslyse~:(Please'included~es) Board of ADjustment 1995-1998 8. F. zluca6onal qualifications: ' 9. List any related professional certifications and licenses which you hold: 10. Give your p~s~nt, or most recen! employer, and PosifioniCurrent: Regional Director/Excel Telco~ ~_~.y~ ~n~q~m~_nt.'. Residential ProDert~ Manaqer Beck Summit Hotels; Secretary to President I i. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ] hereby certify that ali the above statements are true, and ] agree and understand that any of material facts contained in this application may cause forfeiture upon my part of misstatement 'Note: ~/ /z;~ March 10, 1999 y/l/7 7 DAT~ This application will remain on file ~"~-~i~'~"i~'k';Vl~f~c-'~o~. i~riod 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. [tCffYCL.ERK ~OARD'~,-II~pL ICATION JANET E. BARC 1920 South Ocean E Delra¥ Beach, FL : (561) 279-0931 To secure a position using my broad range of ac INDEPENDENT REPRESENTATIVE COMMUNICATIONS On hne ~ith the future CURRAN MURPHY JANET BARON-MURPHY Regional Director / Rcgsonal Tnunmg [hrector 1920 South Ocean Blvd #6 Delray Beach, FL 33483 Tel: 561-279-O931 E-mad' jaycur~ aol corn SUMMARY OF QUAUFICATIONS 12 years experience as an Executive Assistant. Versatile with Windows 95, MicroSoft Word, Corel Word Perfect and Lotus 123. LaROFESSIONAL EXPERIENCE January, 1996- ~t ..~u,l£,t, ~/8 HAWK-EYE MANAGEMENT, INC, Boca Raton, FL Position: Office Manager, Property Manager Responsibilities: Secretary to President, supervise 5 person office staff, manage three homeowners associations, arrange monthly board meetings and annual meetings. Uaison between boards of directors and management office for 18 properties, research and monitor monthly billing for management office and individual associations, handle employee benefit program, define and project professional image for office. Schedule work for field personnel. January, 1995- January, 1996 ERA SAND & SHORE REALTY, INC., Delray Beach, FL Position: Office Manager and Transaction Coordinator Responsibilities: Administration of real estate office. Liaison between broker, 12 sales associates and real estate clients. Coordinated closings and all follow-up procedures February, 1993- December, 1995 GEMINI FINANCIAL HOLDINGS, INC., Boston, MA and Boca Raton, FL Position: Executive Administrator Responsibilities: Office manager and executive secretary to the Senior Vice President in the Boston office and the President of Equities Division in the Boca Raton office. Coordinate meetings between executives and national office staff, made all business and travel arrangements, prepare monthly reports and budgets. April, 1990- February, 1993 THE COPLEY GROUP, Boston, MA Position: Executive Secretary, CXt'ice Manager, Insurance Administrator Responsibilities: Total operation of office, human resources, supervise staff of 30 employees, prepare and morlitor executive staff meetings, purchasing agent, liaison between president, controller, and clients, coordinate daily schedules, travel arrangements, end.advertising. August, 1986 to January, 1990 ASHWORTH MORTGAGE CORP., Newton, MA Position: Executive Secretary, Office Manager Responsibilities: Total operation of office, supervision of office personnel, liaison between president and clients, coordinate advertising efforts, press releases, etc., purchasing agent, prepare monthly budgets, commissions, and travel reports, schedule appointments and made travel a .r.r[angements for executives. DRRAY BEACH 1993 GITY OF DELRAY BEAGH BOARD MEMBER APPLICATION Please type or p,rin.t et. ,following information: 1. Last Name: Brewer George ~l. Home Address: 204 N. W. 9th St. Beach, 3. LegM R.esidence 4. Principal Business Address: 11 S. E. 4th Ave. 5. Home Phone: (561) 272-1119 City City Delray Beach Business Phone: ( 561 State FL State ) 272--7301 //-/y- ~/' ~dd!~..ai,id Zip C. ode 3344'4 Zip Code' Zip Codc 33483 6. What Board(s) are you interested in serving? Code Enforcement Board, Board of Construction Appeali List all Cio Boards on whic~ you are cunently seining or have previously seined: (Ple~e include daes) Code Enforcement Board - Appt. 2/99 ~,/~"~ ' Education~J qualifications: B. A. Architecture 9.' ~i~t an~ r~lat~d pro~ssionai certifications and licenses which you hold: Florida Architect #AR-0013954 10. Give your presen~ or most recent emPloYer, and position: Owner - Brewer Architecture 11, Describe experiences, sMlls or knowledge which quali~ you m serve on ~is board: (Please attach a bde~ resume) , ~uildin~, Site Plan Design & Construction knowledge, Historical Renovations I hereby c~rtify that all the above statements are true, and I agree and understand that any rnisstat~r~ent of material facts contained in this application may cause fo~eiture upon my par~ of any app~ntrnent ~ may receive. "ONATUR.~ NOV 2 2 1999 DATE ,,o~: This application will remain on file~fi~thd C~r'R"s Office for a period of 2 years from the da{e it was submit'ted. It will ~e the applicant's responsibility to ensure that a current application is on file. I~LRA¥ BEAOI BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home Addi'ess: ' _. / C.~i~,~... 3. Legal Residence ~City State 4. Principal Business Address: 6. What Board(s) are you imerested in serving.'? M~lnitial Zip Code , Zip Code City State Zip Code 7. I~ist all City Boards on which you are currently serving or have previously served: (Please include dales) 9. List any related professional certifications and licenses which you hold: 10. Give your present, or m~ recent employer, and position: ^ .,., i I 1. DFscribe experiences, skills~ or knowledge which qualify you to serve on ~is board: (Please~ttach a brief resume) ! '-'- ISIGNA su 'tted. and understand that any contained in this application may cause forfeiture upon my part of 2 years ~om the date it was It will be the applicant's ~~iVE [~sure that a current application is on file. AUB 0 9 1999 ~',CITYCI.~JO~O,~,~J~,LICATION CITY CLERK JAY HASNER 7284 Via Palomar Boca Raton, Florida 33433 CASTLE FLORIDA BUILDING CORP. EXECUTIVE VICE PRESIDENT / SEC / TREAS R~poneible for: · Residential/Commercial Division · Project Coordination · Management responsibility for overall operations PROFESSIONAL QUALIFICATIONS · Ac~vely ~nvolved ~n building, development and real estate for 28 years · Engaged in producbon of single.family home.~ multi-family office building. shopping centers, land development and general real estate · Florida Certified Residential Contractor · Florida Licensed Real Estate Broker · Graduate Realtors Insbtute · Member. Instrtute of Residential Marketing CiViC ! COMMUNITY INVOLVEMENT · PB Land Development Regulabon Commies · Member. C~ty of Delray Beach Board of Construction Appeals · Member. Citizen Task Force Palm Beach County · Member, Palm Beach County Impact Fee Review Board. Palm Beach County · Member. Delray Beach Chamber of Commerce · Past Member, Palm Beach Gardens Comprehensive Land Uae Plan Committee · Past Member Palm Beach County Land Usa Advisory Board · Past Member Palm Beach County Consumer Affairs Board · Member, Palm Beach County Cable Television Task Force INDUSTRY INVOLVEMENT GOLD COAST BUILDERS ASSOCIATION · , President-lg85 · Palm Beach County Builder of the Year- 1986 · Chairman, Governmental Affairs Committee FLORIDA HOME E~UILDERS ASSOCIATION · Life D,rector · Chairman. Loca~ Presidents Council · Member, Legal Defense Funcl · Area Vice President-1987 · Chairman, Membersh~pCommittee-1986 · Board of Directors-$EBC-1982-Present · Chairman. Warranty Advisory Committee · President, Florida Home Builders Warranty · Execubve Committee-1983-1987 · Trustee, Chairman-1986-1987 · Commercial Self-Insurance Fund · Director Builders & Employees Mutual Insurance Company NATIONAL ASSOCIATION OF HOME BUILDERS · Board of D~rectors-1981-1995 RECEIVER · Court appointed for 45th St. Shopping Center, West Palm Beach EDUCATION · Bachelor of Arts, Brooklyn College Brooklyn, New York · Graduate Study. Richmond College Staten Island. New York I 199] CITY elIr DELRAY BEACH BOARD MEMBER APPLICATION D. lza B~ach FL ) 393-8800 .... Zip (~ode ' 33&83 ZiP cea. ~ip Co~ ' Co~e Enforc~men~ Boazd, BOA, SPRA.B 7. L~st ~il Ci~ Bo~ds o~ which y~ ~rm' ~unefltly se~in~ or 'hive previously ge~ (Pleue tnci~de dateS) -' Educational ~lu/tiflcatioris~ _ ~ '. 9. List any ~elaied profeuio~ll ce~ifications and licenses ~ich you Aold: lO. Olde ~Our present, or most recent employer, end positiO~:~ ] !. ~escrib ex~rieflc~e,bkills or ~owledle which q~li~ you to s~e off ~is ~d: (Pleue 8~ i b~cf re~ume) Note: 'l"bls~aPPlication ~Till remain on file' i~ the CiW Clerk's Or, ce for a period of 2 years from th"a date it was submi~e4. It will be the applicant*s responsibility to ensure that a current application is on fil~, RESUME ROGER M. SIMON 1 Harbourside Drive, #3604 Delray Beach, Flodda 33483 (561) 276-2728 (Home) Bom: May 21, 1948 at Williamsport, Pennsylvania Married Health: Excellent Social Security Number: 162-38-8789 *************************************************************************************************** EDUCATION: University of Pittsburgh School of Law, Pittsburgh, Pennsylvania, J.D. awarded May, 1973. University of Pennsylvania, Philadelphia, Pennsylvania, B.A. in History awarded May, 1970. EMPLOYMENT: 8/92 - Present, Realtor-Associate for Keyes Company Realtors, Boca Raton, Florida, with full responsibilities for marketing and sale of primarily residential properties. 4/90-8/92, Auction Manager and Residential Sales Associate ERA Florida Real Estate Specialists, Inc., Boca Raton, Florida 1989 - 3~90, Auction Manager, Auction Management, Inc. and AMI Real Estate, Inc., Juno Beach, Florida, with responsibilities including creation of marketing materials, advertising creation and coordination, and complete organization and implementation of real estate auctions. 1987 - 1989, Director of Marketing, Dryclean Development Systems, Inc., Delray Beach, Florida, with responsibilities including the sale of drycleaning plants, site selection and negotiation of leases throughout Florida, and the securing of bank financing for each store sold. 1986 - 1987, Flodda licensed Realtor acting as a business broker employed by Certified Busine.ss Services, Inc., West Palm Beach, Florida, with responsibilities including the solicitation and listing of businesses for sale and the negotiation and sale of businesses. Roger M. Simon Resume Page Two 1984 - 1988, Real estate developer of projects including historic renovations and a residential subdivision, with responsibilities including negotiation of land purchase, resolution of governmental agency problems and marketing. 1979 - 1984, Central Pennsylvania Abstract, owner of a small title insurance a,aency servicing a group of independent attorneys with responsibilities including drafting of documents and performing all matters involving settlements. 1979 - 1981, Real estate broker and owner responsible for all operations of a for-sale-by- owner residential real estate agency employing between ten and twenty agents. 1977 - 1984, Self employed in general law practice with emphasis in real estate, administrative law, domestic law and litigation. 1974 - 1977, Staff counsel for the Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, with primary responsibilities in the interpretation of the applicable labor laws, evaluation of cases involving representation, unit clarification, unfair labor practices and implementation of collective bargaining agreements. 1973 - 1974, Special counsel for the Commonwealth of Pennsylvania, Department of Community Affairs, with full responsibility for the management and administration of a grant program assisting flood victims. REFERENCES: Personal and Professional references available upon request. lEACH 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the follow,n.' g hzfotmation: 1. Last Name: Smith, Jr. 2. Home Address: 3616 Avenue DeGien 3. Legal Residence 3616 Avenue DeGien 4. Principal BUsines~ ~ddress: N/A Josh City. Delray City Delray City Home Phone: ( 561 ) Beach Beach Business Phone: ( State FL State FL State Mid~elniti~ Zip Code 33445 Zip Code 33445 Zip Code 498-7220 ) N/A 6. What Board(s) are you interested in serving? In terms of priority: 1) Planning & Zoning Board, 2) Community Redevelopment Agency, 3) Code Enforcement Board List all Cio Boards on which you are cu~ently se~ing or have previously served: (Please include dates) Pompey Park Advisory Board 1997 Educmionalqualifications: B.S. Degree (Chemistry, Math & Science), Masters Degree (Educational Adm. & Supv.), Educational Specialist Degree (Adm. & Supv.), Doctorate Degree (Adm. & Supv.) List any related pro~ssional ce~ific~ions and licen~s which you hold: e 30. Give your present, or most recent employer, and position: Retired Senior High School Principal (Palm Beach County School District) 11. DesCribe experiences, skills or knOwledge which qualify you to serve on this board: (Please attach a 'brief resume) Organizational Skills, Analytical Skills, Verbal & Written Communication Skills, Problem Solving Skills, Conflict Resolution Skills & Human Relations Skills. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con*.ained in this application may cause forfeiture upon my part of any a~j~/ointment I may receive. Note: RECEIVED 0CT 2 6 1999 DATE This appl'ication will remain on file i~'~i~~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. ~'~CITYCL E.II.K',,BOARITL4Jq~ ICA TION RESUME JOSH SMITH, JR. Residence 3616 Avenue DeGien Delray Beach, FL 33445 (S6 t) 498.7220 EDUCATION ALLEN UNIVERSITY, Columbia, S.C. B.S. in Chemistry, 8/62 Minors: Mathematics and Science FLORIDA ATLANTIC UNIVERSITY, Boca Raton, FL M. Ed. in Administration & Supervision, 8/76 Ed. S. in Administration & Supervision, 8/77 Ed. D. in Administration & Supervision, 3/81 WORK EXPERIENCE Pre~nt Retired Senior High School Principal 2/1 ,s/g3 to s/30/G4 DISTRICT OFFICES, West Palm Beach, FL Principal on Special Assignment Department of Curriculum and Instruction Responsible for development of implementation plan for District-Wide 1993 Special Session/Summer School Responsible for extensive research on Year-Round Schools 1085-1893 Assistant Principal (Palm Beach County School District) Dean of Students (Palm Beach County School District) .1862-t879 Classroom Teacher (Palm Beach County School District) VARIED RESPONSIBILITIES Personnel Selection Preparation of school center budget Preparation of F.T.E. (School Center Funding) Internal Accounting School plant and facilities Supervision and Evaluation of school center personnel Supervision of custodial and cafeteria staffs Development of Marketing Plan and school newsletter School activities and monthly event calendars FURTHER EDUCATION FURTHER EXPERIENCE City College of New York [Chemistry] New York, N.Y. Florida State University [Chemistry] Tallahassee, FL Florida A&M University (Science) Tallahassee, FL SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS INVOLVEMENT (Serving on Accreditation Committees) 1893 t984 1980 1979 1978 Southwest Miami High School - Miami, FL Miami Jackson High School - Miami, FL Westward High School - Fort Pierce, FL Stone Middle School - Melbourne, FL Edgewood Junior High School - Merritt Island, FL MR430101 City of Delray Beach Florida Miscellaneous Receivables Inquiry 12/28/99 09:33:34 Customer ID . . . : Last statement : Last invoice : Current balanc~ : Pending ..... : Previous balance : Deposit balance : T~i e options, press Enter. =Select Opt Code 345 12/0 /99 7/1~/94 938.51 .00 938.51 .00 Open Activity Description _ ADM01 N/A ADMINISTRATIVE FEE CODE1 Nuisance Abatement _ CODE5 Recording Fees Name: SMITH, J Jr & MARY B Addr: 3616 AVE DEGIEN DELRAY BEACH, FL 33445 A ACTIVE Code Enforcement Current Overdue Total due 1.84 195.66 197.50 5.84 726.83 732.67 .06 8.28 8.34 F3=Exit F10=Combined detail F14=Deposit detail F7=Pending activity F11=Invoice inquiry F21=Other tasks F8=Charge hsty F12=Cancel Fg=Payment hsty MR450102 City of Delray Beach Florida Invoice Inquiry 12/28/99 09:33:57 Customer ID . . . : Last statement : Last invoice : Current balancg : Pending ..... : 345 12~01/99 7/13/94 938.51 .00 Name: SMITH, J Jr & MARY B Addr: 3616 AVE DEGIEN DELRAY BEACH, FL 33445 Status: A ACTIVE Type options, press Enter. l=Selec t Opt Date Invoice 7/13/94 3084 -- 12/23/93 774 -- 6/13/91 15964 -- 6/13/91 15965 i 8/20/ 0 1 713 Current .00 .00 .00 .00 .00 Overdue 107.83 123.59 76.77 76.77 202.20 Total billed 107.83 123.59 76.77 76.77 202.20 F3=Exit F12=Cancel MEMORANDUM TO: FROM: SUBJECT: DATE: Lula Butler, Community Improvement Director ~, / Richard Bauer, Code Enforcement Administrator'~ V SUMMARY OF CASE HISTORIES REGARDING MR. JOSH SMITH'S PROPERTY ON SW 13TH AVENUE. December 14, 1998 Nuisance Tvpe Violations Case Number 90-11657 was initiated on 4/4/90 by Code Enforcement Officer Jeff Vorpagel for 221-223 SW 13th Avenue. The inspections indicated overgrowth and trash in the alleyway. A violation notice was mailed on April 4, 1990. A reinspection was done 4/16/90 with no change noted. A vendor was assigned and performed the work on 5/2/90 at a cost of $150. An invoice was sent 5/10/90 in the amount of $185 (including a $35 administrative charge). This invoice was not paid. (No data sheet-prior to computer) Case Number 90-505 was initiated on 11/9/90 by Code Enforcement Officer Marty Sohn for 221- 223 SW 13th Avenue. The inspection indicated trash and overgrowth in the alley area. A violation notice was mailed 11/9/90. A reinspection on 11/30/90 indicated no change. Subsequently, a vendor pedormed the work at cost of $78. An invoice was mailed on 1/14/91 in the amount of $133 (including a $55 administrative fee.) This, invoice was not paid. (No data sheet - prior to computer). Case Number 91-1315 was initiated on 9/17/91 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspection indicated overgrowth and trash in the road right of way and alley areas. A violation notice was mailed 9/17/91. On 10/1/91 a reinspection indicated the violations were corrected. Lula Butler December 14, 1998 Page Two Case number 91-2520 was initiated on 12/11/91 for 221-223 SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The inspection indicated overgrowth and trash in the road right of way and in the alley area. A violation notice was issued 12/11/91. On 12/26/91, a reinspection indicated the violations were corrected. o Case Number 92-4484 was initiated on 4/24/92 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspections indicated overgrowth and trash in the alleyway. A violation notice was issued on 4/24/92. On 5/8/92, a reinspection indicated the violations were corrected. o Case Number 92-4486 was initiated on 4/24/92 for a vacant lot on SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The inspections indicated overgrowth and trash in the alleyway. A violation notice was issued on 4/24/92. On 5/8/92, a reinspection indicated the violations were corrected. Case Number 92-6655 was initiated on 8/18/92 for 221-223 SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The inspections indicated overgrowth and trash in the alleyway. violation notice was issued on 8/18/92. The owner appealed the notice. Subsequently, the owner was granted an extension to 11/6/92 to comply. On 11/19/92, a reinspection indicated the violations were corrected. A Case Number 92-6656 was initiated on 8/18/92 for a vacant lot on SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The sequence of events is the same as for case number 92-6655, above. Case Number 93-13370 was initiated on 6/30/93 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspection indicated overgrowth and trash in the alleyway and road right of way. A violation notice was issued on 7/14/93. The owner performed mowing on 7/26/93 but did not remove the trash in the right of way. Code Enforcement notified the owner and gave a time extension. A reinspection on 8/8/93 indicated all violations were corrected. Lula Butler December 14, 1998 Page Three 10. 11. 12. Case Number 93-14965 was initiated on 10/29/93 by Code Enforcement Officer Emmanel Guerrier for 221-223 SW 13th Avenue. The inspections indicatedovergrowth and trash, mostly in the alley area, and tree foliage over hanging into the alley area. The Code Enforcement Officer went to the owner's residence several times to attempt to discuss the problem but the owner was not at home at the time of his visits. A violation notice was mailed on 11/10/93. A reinspection on 12/3/93 indicated none of the violations were corrected. A vendor was assigned to do the work and completed the mowing, cleaning and trimming on 12/17/93 at a cost of $50. An invoice was mailed on 12/28/92 to the owner in the original amount of $105 (including a $55 administrative charge.) To date, the invoice has not been paid. Case Number 94-17239 was initiated on 5/5/94 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspections indicated overgrowth and trash in the alleyway area. On 5/10/94, a violation notice was issued. Subsequently, the owner was granted two time extensions until 6/10/94 to comply. The reinspection on 6/13/94 indicated the violations were not corrected. A vendor was assigned to do the work and completed the mowing and cleaning on 7/6/94 a cost of $35. An invoice was mailed on 7/19/94 to the owner in the original amount of $90 (including an administrative charge of $55). To date, the invoice has not been paid. Case Number 94-19456 was initiated on 10/12/94 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspections indicated overgrowth in the alley, including weeds and tree foliage, and exterior building walls requiring painting. A violation notice was mailed on 12/9/94. Subsequently, the owner mowed the overgrowth, but did not trim the trees and appealed the painting violation. Our vendor trimmed the trees but the owner was not invoiced because the work was done prematurely. At a hearing on 6/6/95, a hearing panel found the owner in violation of the painting requirement. A reinspection on 9/8/95 indicated the painting violation was corrected. Lula Butler December 14, 1998 Page Four 13. Case Numbers 95-27407 and 95-27408 was initiated on 12/4/95 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspections indicated overgrowth in the alley area. A violation notice was mailed 12/4/95. However, as a showing of good faith. City personnel sprayed weed killer on the overgrowth on or about 5/13/96. Hence, both cases were closed. 14. Case Number 97-37946 was initiated on 5/6/97 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspections indicated loose vegetation mixed with trash in the road right of way area. A violation notice was issued 5/6/97. A reinspection pedormed on 7/14/97 indicated that the violation was corrected. 15. Case Number 98-44812 was initiated on 4/23/98 by Dennis Dickson for 221-223 SW 13th Avenue. The inspection indicated overgrowth in the alley area. A violation notice was issued on 4/23/98. The owner requested a hearing which was held. At the hearing, the panel found the owner in violation and granted a 30 day compliance period. Due to an oversight, a written determination was not mailed by the panel to the owner until approximately 11/4/98 with a final compliance date of 12/4/98. A reinspection on 12/9/98 indicated the violation was not corrected. B. Abandoned Vehicles Case Number 92-3327 was initiated on 3/6/92 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspection indicated an abandoned truck. A violation notice was issued 3/9/92. On 3/20/92, a reinspection indicated the vehicle was not removed. A time extension was granted to the vehicle owner until 4/30/92. On 5/1/92, a reinspection indicated the vehicle was removed. t~ Case Number 97-39941 was initiated on 8/7/97 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspection indicated an unlicensed car on the property. However, subsequent investigation indicated that the vehicle owner did have valid license plate and the case was closed on 8/11/97. Lula Butler December 14, 1998 Page Five B. Abandoned Vehicles (cont'd} Case Number 98-44815 was initiated on 4/23/98 by Code Enforcement Officer Dennis Dicks0n for 221-223 SW 13th Avenue. The inspection indicate that unlicensed vehicles were parked on the property. A violation notice was issued 4/23/98. The notice was finally served on 6/15/98. A reinspection on 7/20/98 indicated the violations were corrected. C. General Violations Case Number 93-15544 was initiated on 12/16/93 for 221 SW 13th Avenue by Code Officer, Emmanuel Guerrier. The inspection indicated that the owner did not have a landlord permit. A violation notice was issued on 12/30/93. We later determined that the unit in question (221) was under HUD and that a landlord permit was not required. Hence, this case was closed. Case Number 97-36602 was initiated on 3/17/97 by Code Enforcement Officer Dennis Dickson for 221 SW 13th Avenue. The inspections indicated that a landlord permit was not obtained. However, the unit in question was vacated and not rented at the time of the Code Enforcement Board Hearing. This case was dismissed. Case Number 98-47076 was initiated on 8/3/98. This case was based on a letter of complaint submitted by Mr. Josh Smith and concerned a shed erected on SW 12th Avenue. The area was checked and no violation was noted. This case was closed. Case Number 98-50004 was initiated on 12/10/98 by a phone call from Mr. Josh Smith concerning 221-223 SW 13th Avenue. Mr. Smith reported vehicles parking in front of his duplex on the grass swale area. Code Enforcement Supervisior Tom Meeteer and myself visited the site on 12/10/98 and found One vehicle parked on the swale (road right of way.) We determined who owned the vehicle and requested that it be removed, although the area is road right of way and not posted no parking. We will request "No Parking" signs be posted in this area. Lula Butler December 14, 1998 Page Six D. Housinq Code Case Number 98-49437 was initiated on 11/17/98 at 221-223 SW 13th Avenue. An inspection was made on 11/17/98 by Code Enforcement Officer Dennis Dickson based on a complaint from the tenant living in one of the units about vermin and tall weeds (in the rear of the property in the alley area.) The tall weeds were cited under case 98-44812. The vermin problem was reported to the property owner 11/24/98. Subsequently, the tenant verified an extermination service pedormed remedial action. Since the property owner performed voluntary corrective action, a violation notice was not issued. A violation notice is pending for 223 SW 13th Avenue as there is no landlord permit on file for this unit and the tenant was not listed under a HUD or other Federal Program. E. Non-Conformin~l Landscape Case Number 93-12474 was initiated on 4/12/97 by Landscape Inspector Robert Kussner for 221-223 SW 13th Avenue. An inspection on 4/12/93 indicated deficiencies based on the minimum landscape code requirements. Courtesy notices were mailed on 5/5/93 and again on 12/1/93. Since the owner did not comply, a violation notice was issued on 4/12/96. A reinspection on 3/13/97 indicated non-compliance and the case was scheduled for the Code Enforcement Board. On 6/10/97, the property owner was found in non-compliance by the Code Enforcement Board and given to approximately 9/18/97 to comply or a $60 per diem fine would be assessed. A reinspection indicated non-compliance and the case was referred back to the Code Enforcement Board on 2/24/98, at which time another extension until 7/1/98 was granted and an accrued fine of $3,140 was held in abeyance for future discussion. A reinspection indicated compliance on or about 6/24/98. Another hearing before the Code Enforcement Board was held on 8/11/98 to discuss the accrued but unassessed fine. The board decided to reduce the $3,140 fine to $300 if the $300 was paid by 8/31/98. Failure to pay the $300 would result in a lien of $3,140 against the property. Since the fine was nqt paid, the $3,140 lien was filed on 9/17/98. RB:ib MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # qK REGULAR MEETING OF JANUARY 18, 2000 APPOINTMENTS TO THE PARKING MANAGEMENT _ADVISORY BOARD DATE: JANUARY 14, 2000 The terms for Bruce Gimmy (Atlantic Ave. corridor between Swinton Ave. & Intracoastal), Janet Onnen (Old School Square Historic Arts District), Francis A. Marincola (Atlantic Ave. & State Road AIA corridors and lying East of the Intracoastal Waterway and James L. Shuler (Atlantic Ave. corridor between Swinton Ave. & Interstate 95) will expire on January 31, 2000. Mr. Gimmy and Janet Onnen have both served one (1) full term and are eligible for reappointment and would like to be considered. Mr. Marincola was appointed to serve an unexpired term and would like to be considered for reappointment (attendance records attached). Mr. Shuler has resigned from the Parking Management Advisory Board and therefore is not interested in reappointment (see attached letter). 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 in accordance with the provisions as stated in the Resolution. The board's membership was amended to include the citizen-at-large position by Resolution No. 10-98 adopted by the City Commission on January 20, 1998. As of this date, the following have submitted applications and would like to be considered for appointment Bruce Gimmy Howard B. Lewis (representing Atlantic Ave. corridor between Swinton Ave. & Interstate 95) Francis A. Marincola Janet I. Onnen Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commissioner Wright (Seat #3). Recommend appointment of four (4) members to the Parking Management Advisory Board for term ending January 31, 2002. board commission memo pmab l 18 00 P~U,-~ 18 98 0~. 81 ~T&T F~>~ 5300 P~GE 1 Shuler's Memorial Chapel, Inc. 606 W. Atlantic Avenue 1000 N. 8eaorest Boulevard I~lrey BeaCh, FL 33444 Boynton Beach, FL ~$ (6~1) 2es-os22 (s~) 3~-~s Fox (661) ~2730 J~ ~, 2000 ~ Box t3~ Jam~ ~mrBhul~r, L.~. To: Bob Barcinski From: Subject: Jmues Lamar Shuler Parking Management Advisory Board This is to certify that 1, James Ltmxar Shuler, would like to r~sign from, the Parking Mmlagement Advismy Board, due to my health at this t/me. At a later date 1 would like to be considered at the memioned board. J~mes Lamar Shuler RECEIVED JAN 0 3 2000 CITY CLERK BOARD MEMBER APPLICATION - [:t. Legal Rmddenc~: - Cit~ -' 5tare Zip Cod~ J 439 E. Atlantic Ave. J ~'~y ~¢~ ! ~ [ aa48a I ' 5. ~;~e Phone: ( 561 ) 734-6159 J B~ess Phone: (561) 278';;2;- - ......... ,,,' 6. Wh~ B~($) ~ ~ou iflte~d ~ se~ing? ~arki~a ~nage~nt ~viso~y Soa;d . List all Ci~ Bo~ on which you ~ cu~tly se~inj oc haw pmvio~ly se~: (PI~ McI~e ~s) .... ~- ~998 ...... Educational qualifications: Two yeal;$ Hichigan State University 9. List any related professional certifications and licenses which you fi61'd: Ail Count~, City & State Licenses necessary for retail merchandising. 10. Give your present, or most r~cent mmployer, and-P°siti°n: Owner/ The Trou~er Shop J ! ~erebj~-?~/~a · ~b~ stateme, t~ a~ t~e, and I ag~ and unde~end that any ~~ep~ may ~ve. --I ~ Note: ~,,pplication~II,~'onffl''-" " ' ~ ' submittecL It will be the applicant's responsibility to ensure that a current appIication is on file. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please lype or print the following information: 1. Last Name:: 2. Home Address:' 3. Leial Residence 4. Principal Business Address: ~. Home ~'ho~e: (S~ / ) '/~ ~.- ~/, ~-/ Name City State State Middl~lnitiaI Zip Code Zip Code City ~"//-~1 Sta~t Zip Code Business Phole: (.~,/) 6. Wha~Board(s)are you interested in serving? ?. List all Cit~ Boards on which you are currently serving or have previously served: (Please include dates) 8. F. xlucational qualifications: List any related professional certifications and licenses which you hold: I0. Give your presi~nt, or most recent employer, ,and position: 1 I. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I ~ereb~ ce~i~ t~t ~ll t&d~bove s~tements ~re true; ~n~ I ~gree misstatement of m~teri~! f~s cont~lne~ in t&is ~ppli~tion m~y ~use ~offeiture opon my p~ o~ any ~piointm~n( I may receive. 3EGEIVE~ // o 7 CITY CLERK '"Note: 'T~s application will ~main on file L~ the City Clerk's Office £or a period of 2 ye~s ~om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. $'~TW~OARD~LICAYION o, IIit Fo 'BOARD MEMBEK APPLICATION 81 ~001 il zii~ Cod~ 9.- Li~ ~ny~ln-~jd~prOft'ssi°~! ~flr~ion$ and llc, ns~S w~ich you hold. . -- ................... C. ~../:.-_¥.~ .. Z~, ~,:, . Do.c ~. /?4 c,. ..... '! i. ]:)~ri~ t.~p~riel~eS, skillSO~ kaoi~/i~g~ whiGh qaali~, you to s/~ve on tlilf ~m'~i] (~lflL~ attach, la-ief/e-~me) - FRANCIS MARINCOLA 36 S. OCEAN BLVD #B4 ~ DELRAY BEACH, FL 33483 TEL: (561) 274-4455 ~ PERSONAL SUMMARY Education: Villanova University - BA in Economics Trenton State College - MA in Education Business History: I have been a successful owner in businesses ranging from Boardwalk Concessions (NJ), Retail Carpet (NJ), Nightclub/Restaurant (NJ), Beach Cabana Rentals (FL), and currently Caffe Luna Rosa Restaurant (FL). Organizations: I helped organize the Seaside Businessmen's Association (NJ) which is still in charter today. I am Vice President of the New Monmouth Condo Association and more recently helped to organize the Beachside Business Association in Delray Beach. I am also a member of Dclray's Beach Property Owners Association. 01 '04 o0 12/27/99 10:16 FAX 561 278 8397 MPN 12:59 FAX $61 243 3774 ~IS~R E~C~IC cI~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 993 002 '002 Ple~.~ type ~ ~l~th~ following 1. L~t Name: 2. Home 946 S. easage Dr±v~ 4.' ~ci~ ~m~ Ad~: ' 5. Home Phone: ( 5~1 ) & Wh~ ~o~d(~) ~ you in~er~ in Janet ~l~elray Beach Del~ay Beach Bu~e~ Phone: ) 278-8,36.7. Middle Iakiat-- I 33483 Zip Code Zip~COde 33444 Pa.vk.l~g H~nagem~ut; .4~h~soz'y l~oard Li~t all City Boards on which you are currently serving or have previously servea;-(Pl~as~ include <i~tes) IRiA~- I998 Educational qualifications: University of To,fa 1968 - 1972 9. List any related PrOfesgional certffi~:a~lons and licenses which you hold: - See attached Give yom' present, ot most re~'ent e'm~6~fa~-p~'skion: M~i~ner Eleaeric, ~c. 11. b¢~:~ J~¢det~.es, skills or kno~ledSe ~&ich-qu~lif7 you m s,:rvc ~n ~ boa~/: Cede a~a~h a b~efresu~,) See attached JAN 0 ~ 2000 /-' DATE hereby certify that all the above' s~'eteme~are b"ue, and I agree and understand l;~a'~ any -- upon my par~ of CITY CLERK This application ~ remain on/Lie in ih~ Ciey' Clerk'sOfflce roi: a~period 0/'2 ycara from the date it waz subrni~ed. It will be ~he applicant's responsibility ~o ensure that a current application Ls on fac. 12,'01,'94 10:37 ~407 278 8362 ~4EI$.X'ER ELEC. -~-*-~ CITI','DELKa. y BCtt. ~]003,'00.1 RESUME JANET ONNEN -Meisner Electric Inc. 7/01/83 Delray Beach, Florida Chief Executive Officer/Secreta.-yfrreasurer Corporate Banking Relationships Corporate Bonding Relationships Upper Management Staffing Develop and Kcview Corporate Policies i.e. Personal, Safety, Customer Bidding, Vehicle, Tool, Purchasing, Record Rctemion, Qu~iry Control Customer Contract Negotiations and Administration Corporate Litigation Review Staff Performance Corporate Promotion and Advertising Corporate Investments Meisner Electric is a Member of the Following Trade Associations Associated General Contractors Associated Builders and Contractors American Subcontractors Association National Association of Women in Construction Construction Financial Management Association National Association of Won~n Business Owner Florida Home Builders -Meisner Electric Inc. 8/01/81 to 7/01/83 Delray Beach, Florida Director/Corporate Secretary Supervisor of Accounting and Data Processing Branch Office Setup and Management Customer Contract Negotiations Customer Collections Branch and Corporale Office Staffing Rcsun~e- J~et Olmen Page 2, .Mcisncr Elcctfic Inc. ?/01171 to 8101181 lqevaon, Iowa Co. rate Secre~ Acco~g Sup~iso~ Da~ ~oce~ $u~sor Develop ~d A~~ Elec~c~ A~ren~s~P ~o~ Select ~d Education: U~versi~ of Iowa 1968 - 1972 B~incss A~s~a2On N~ero~ $emi~s Cove~g ~t Follow~g Topics ~sk ~agemeni Job ~st Acco~g Records M~gemcnt Co~CfiOn WorSens Come--don Disaster Recove~ ~bBc ~s ~d Leg~sl~ve Process Bo~ng Ch~ge Order Co~g Co~ra~ Equal BmplOymen~A~a%~vc Ac~On ~g Te~ng Personnel ~g/Fi~g Flori~ Lien Law B~g/Gmh Flow Unint~plible p~w~r Systems ~S/Genera~ot MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM # 9/. REGULAR MEETING OF JANUARY 18, 2000 APPOINTMENT TO THE EDUCATION BOARD JANUARY 14, 2000 With the automatic resignation of Clifford Durden from the Education Board, a vacancy has been created to fill his unexpired term ending July 31, 2000. Members of the Education Board must be residents of the City or have a child attending Delray Beach public schools or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. As of this date, the following have submitted applications and would like to be considered for appointment. William L. Berry Ron Brito Barbara D. Brown Ronald C. Nyhan Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Schmidt (Seat #1). Recommend appointment of one regular member to the Education Board for the unexpired term ending July 31, 2000. s/¢ltyclerk/board commission memo ixltlc~tlon 1 18 00 DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home Address: 3. Legal Residence 4. Principal Business Address: $ ~ o e.,., . /P7' /- ,q ~ :5. HomePhone:(~/)y~g.. 9¢005/ 6. W~at~oard(s) are you inte~sted in se4'ving? Name City Ci~ Business Phone: (~-6/) State State Middle/_. Initial I Zip Code. I Zip Code Zip Code 7. List all City Boards on which you ar~ currently serving or have previously served: (Please include dates) -'-' .Educational qualifications:.. List any related professional certifications and licenses which you hold: I0. Give your present, or mo. st recent employer, and position_: 11. Describe experiences, skills or knowledge which q~lifY you to serve on this board: (Plense attach a brief resume) ..7;. Aa~.X. $ c~,t~',c,~x., 4Kr'. ~ 7'~,~-T, c M.,f', ~ /</~,,..-. W~P~-~ I hereby certify that ali the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. '~GNATURE _,ore: RECEIVED J U L 2 0 1999 DATE CITY CLERK 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~rrYCLF. J~'~OARD~.IHR,ICATION 05/19/99 IrED 15:00 FA[ 561 243 37?4 CITY CLERK CITY OF DELRAY BE ACH BOARD MEMBER APPLICATION Pl~se Wpe or ]m-hn ~he followi%~ ird'orma~ion: Na e Middle Initial 1. Last NamC::RRiTO 2[ Home Address: I QR ~. 9'7t-h hxr~mn~'- [ 3. Legal Residence ....... ,"iON . C~ State Zip Code '="' ~it~ St:at~ Code game 4. l~inCipal Business Ad'ess: ...... 2210 N. Federal Hwy. ~. Ho~¢Ph0Bei(561 )734-8828- 6. ~at B~(s) ~ you inl~ed m se~in~ IDelray Beach ,![ B~siness Phone: 5 61 State )279-0311 Zip Code 33483 DDA, Planning & Zoning, Board of Adjustment ,, and others as neede4,Education Bnard (2 children 7.' Lim ali'Ci~ Boar~ on which you arecur~ntlyserv~gorhave'p~viouslyse,~ed:(P]~eincludedates) Ch_gir~.=_n, Constrnr_~ian Beard of Appaal~ (lqqfi -. Educational ~lualificefio~s: ' 9. List any rela~ed professional certifications and ]icense~ which you hold: .cica r~_~ nm ~, ....... 10. ~ive )'our present, or most re,em employer, and po~i'~i'On: ~ Presiden~ add Owner. Enterprise Contractors. Tnc~ 1. Describe experiences, skins or 'knowledge which qualify y~u ~o serve on ~hi:i b~ard: (Please attach a brief resume) see Resume hereby certify that all the above statement~ are true, and f ag'. ee and understand that any misscatement of maCerfal facts contained in this application ma), cause forfeiture upon my part of any appointment I may recetv,~. SIGNATUP, E DATE -Note: TI{is application will r~nain c;h file i~ ~he City-Clerk's O'ffice for fi ~od of 2 years from Ibc date it was submitted. It will be the applicant's responsibility to ensure that a ,lu-rent application is on file. 1999 A.H.S. CITY CLERK RON BRITO 198 S.E. 27rna VENUE BOYNTON BEACH, FLA. 33435 RONJO20~AOL.COM PERSONAL RESUME WORK HISTOR Y: 1965 - 1979 14 years as a framing and finish carpenter in Riverside, San Bernardino, and Laguna Beach, Californitr Production framing on several multi- family complexes, housing tracts encompassing slab layout, framing, joisting, trussing, fascia, siding, setting doors, windows, cutting rafters & stairs etc. Eventually started high quality custom finish worlc 7years as carpenter, 2 years as Leadman, 5 years as Foreman on new residential and commercial projects, as well as some renovation and remodeling. 1979 - 1983 Obtained Building Contractor License /B-388997 Calif. (currently in- active status) still valid thru 4-30-00 Spent 5 years sub-contracting and running framing, siding, trussing, floor joisting, stair fabrication and installation on multi-family complexes from large contractors. During this time I contracted new single family homes, additions, remodeling, commercial roofs, and commercial tenant improvements. 1983 - 1985 Job superintendent on custom housing in the Nashville, Tennessee area for I year. Sub-contracting framing, trussing, siding jobs for the next two years. 1986-1989 Obtained General Contractor License/CGC-047369/FLORIDA (Active) Worked at "The Township" as punch out foreman for 1 year. Worked for David Jones Consa at Gleneagles, Polo Club as Lead Carpenter. Foreman for 1 year on 32 eight-plex wood frame multi-family duplexes. Constructed custom housing from Manalapan to Sa Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989-1991 LICENSED GENERAL CONTRACTOR / U.S. EL 2-01392-91 Went to St. Croix, U.S. EL after Hurricane Hugo for $ days to bring supplies and help restore power and water to units of condos for a friend. Agreed to come back to restore 2 houses. Acquired General Contractors License in the U.S.V.L in February 1990. Restored 14 residences, 2 commercial buildings and 6 rental units. Also completed renovations in St. Thomas and St. John on custom homes. Returned to Florida July 2, 1991 and began new additions and remodeling projects. After Hurricane Andrew, opened a field office in Miami for restoration work My Miami office completed 16 residential restorations and about 44 roofing projects. 1992 - 1993 Was asked to take over operations of Falkav Construction and to qualify the company. Although thorough research into Falkav prevented me from qualifying the company, I did bring the Delray Tennis Center to substantial completion in time for the Virginia Slims TournamenL Falkav Construction was at that time under contract with the City of Delray Beach for the Tennis Center (2.$ million-dollar contract) and was also engaged in 6 school projects for school districts from Palm Beach County to Dude County. Falkav Construction went into bankruptcy and was dissolvetg Currently, my company, Enterprise Contractors Inc. is located at 2210 N. Federal Hwy. Delray Beach. I do Custom Homes, Historical Renovations, and Commercial Projects. I do my own estimating, contract negotiations, and am computer literate and familiar with several different estimating and accounting programs. I also run most of my own projects. I am a 30- year carpenter, experienced in material take-offs for jobs, flow chart and scheduling for jobs with deadlines and fast track completion. Familiar with AIA contracts & draw reques~ I am used to hard work and long hours. I remain teachable with an open mina[ I believe that a good leader has to first be a good fol!ower. PERSONAL HISTORY I am 52 years old, married, with four children. I'm a high school graduate with 2 years junior college in business management. I have 30 years of construction experience. I hold three different Contractor's Licenses: Florida, the U.S~ Virgin Islands and California. I am currently applying for a State of Tennessee General Contractor's License. · am an active member of my church (SDA) where I am a Sabbath (Bible Study) teacher for an adult class. · am also on the Church Building and Nominating Comm_i#ee and a Deacon. · am a 13-year member of A. A. and active on several committees within (2 yr. Former board member of Crossroads Club). I am the Chairman of the Construction Board of Appeals for the City of Delray Beach. Two years on Brentwood Hills Home Owner's Architectural Comm. i#ee. I own a house in Boynton Beach where my family and · have lived for the last 14 years. · also own property in White Home, Tennessee and Delray Beach, Floridm Tennis, surfing, and jogging are my favorite pastime& DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name: ~ 2. Home Address: / ,6. 3. Legal Residence City I 4. Principal Business Address: City S. Home Phone: gll) ¢ q ~ 5' b t (/ susiness Phone: ( ) What Board(s)are you interested in serving? ~"d{J 6d .-~/fi 4 ;rate hit/al Zip Code Zil:J Code State Zip Code 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) E_dgcatiqnal qualif~ations: 9. List any related professional certifications and licenses which you hold: 10. Give your vresent, or m,.~ecent en~ployer, and position: 11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a briefresfime) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause fo~eiture upon my part of ~any appointm~t ~ve. RECEIVED JUN ! ~! 1999 CITY CLERK 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'~ClTYC L ERK~OARDV~PL lC ATION I BOARD MS:MBS:R APPLICATION 1993 Please type or print the following information: Middle Initial ]. Last Name:: /,,,,! h} ~4~ Name '"~tDi~/'~,~0 3. Leg~ Residence CiF State Zip Code 4. ~ncipal Business Ad.ess: Ci~ S~ 5. H°mePh°ne:(s~l) gT&- OZ~q Business Phone: ~ff~) ~& ~_ T~6 6. Whm Board(s) ~o you interested in se~ing? 7. List all CiW Boards on which you ~e cu~ently seining or have previously se~ed: (Please include dates) 8. E~a: qg}fications: 9. List any related professional ce~ifications ~d licen~s which you hold: 10. Give your present, or most recent employer, and position: 1 l. Describe experiences, skills or ~owledge which quali~ you to se~e on this board: (Please a~ch a brief resume) I hereby ce~i~ that oH the above statements ore true, ~nd I ~gree and unde~tand that any misstatement of m~teriol facts contained in this ~pplicotion may cause forfeiture upon my of ~ appointment I may receive. R E C E IV E D JAN 1 0 2000 DATE ~I~ CLERK 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'~iTYCLERK~BOARD~PLIC ATION RONALD CHARLES NYHAN 832 Lake Shore Dr. Delray Beach, FL 33444 (561) 276-0284 rcnyhan@£au, edu EDUCATION 1994 Ph.D., Florida Atlantic University, College of Urban and Public Affairs, School of Public Administration. 1974 Master of Applied Science, Public and Societal Systems, School of Engineering and Applied Science, Southern Methodist University. 1973 Bachelor of Science in Applied Mathematics, Embry Riddle Aeronautical University. 1973 Bachelor of Science in Business Administration, Embry Riddle Aeronautical University. PROFESSIONAL EXPERIENCE August 1994to present Assistant Professor Florida Atlantic University College of Urban and Public Affairs School of Public Administration Ft. Lauderdale, FL August 1994 to August 1997 Visiting Assistant Professor Florida Atlantic University College of Urban and Public Affairs School of Public Administration Ft. Lauderdale, FL May 1986 to present Principal, GN Associates De/ray Beach, Florida June 1980 to May 1986 President, Landrum & Brown, Ltd., Jeddah, Saudia Arabia November 1974 to June 1980 Principal, Booz, Allen & Hamilton Washington, D.C. COMMUNITY SERVICE Delray Beach Cultural Alliance 1998-2000 President Delray Beach Playhouse Center for Nonprofit Managemem 1996-1999 1999-2001 Immediate Past Presidem, Board of Governors Member, Board of Directors ACADEMIC JOURNAL PUBLICATIONS Nyhan, R., 2000. Changing the paradigm: Trust and its role in public sector organizations. The American Review of Public Administration. Nyhan, R. & Peter L. Cruise, 2000. DEA Revealed: A Guide to Data Envelopmem Analysis for Health Care Mangers. Journal of Health Administration and Education. Nyhan, R. C. and M. Alkadry, 1999. Impact of infrastructure investments and socio-economic conditions on student achievement. Journal of Education Finance. Nyhan, R. C. and L. L. Martin, 1999. Assessing the performance of municipal police departmems using data envelopment analysis: An exploratory study. State and Local Government Review. Nyhan, R. C. and L. L. Martin, 1999. Comparative performance measuremem: A primer on data envelopment analysis. Public Productivity and Management Review 22, (3), 364-378. Nyhan, R. C and H. A. Marlowe, Jr., 1997. Developmem and psychometric properties of the organizational trust inventory. Evaluation Review, 21, (5), 614-635. Nyhan, R. C and H. A. Marlowe, .Ir., 1995. Performance measurement and Total Quality Management (TQM) in the public sector: Opportunities and challenges. Public Productivity and Management Review 18, (4) 333-347. Liou, K. T. and R. C. Nyhan, 1994. Dimensions of organizational commitment in public organizations: An empirical assessment. Public Administration Quarterly, 18, 99-118. Martin, L. L. and R. C. Nyhan, 1994. Determinants of county charter home role. International Journal of Public Administration, 17 (5), 955- 970. Marlowe, H. A., R. C. Nyhan, L. Arrington & W. Pammer 1994. The re-ing of local government: Understanding and shaping governmental change. Public Productivity and Management Review, 17, 299-311. Bazemore, G., T. Dicker and R. C. Nyhan, 1994. Juvenile justice reform and the difference it makes: An exploratory study of the impact of policy change on detention worker attitudes. Crime and Delinquency, 40 (I), 37-53. Lynch, T. and R. C. Nyhan, 1993. A holistic approach to productivity. International Review of Administrative Sciences, 59 (1), 47-56. BOOK CHAPTERS Marlowe, H. A..and R. C. Nyhan, 1995. Innovations in public budgeting: Applying organizational development processes to downsizing (with Herbert A. Marlowe, Jr.). In A. Khan & W. B. Hildreth (Eds.) Case Studies in Public Budgeting and Financial Management. Dubuque, IA, Kendall/Hunt. Nyhan, R. C and H. A. Marlowe, Jr., 1993 Organizational effectiveness enhancement under Total Quality Managemem (TQM) in a non-manufacturing setting. In Sumanth, D. J., Poupart, R. and Sink, D. S. (Eds.) Productivity and Quality Management Frontiers- IV, Norcross, GA: Industrial Engineering and Management Press, 294-303. Marlowe, H. A. and R. C. Nyhan 1993. Redesigning a public organization to activate ego energy. In R. Kilman (Ed.) Ego Energy, San Francisco: Jossey-Bass. Marlowe, H. A. and R. C. Nyhan, 1993. Changing the deep structure of a public organization: Using the punctuated equilibrium paradigm to guide productivity and quality improvement programs. In Sumanth, D. J., Poupart, R. and Sink, D. S. (Eds.) Productivity and Quality Management Frontiers- IV, Norcross, GA: Industrial Engineering and Management Press, 597- 606. CONF]~RENCE PAPERS Cruise, P. L. and R. C. Nyhan, 1999. Comparative Performance Assessmem for the Health Care Manager. The Conference of Minority Public Administrators, Pittsburgh, PA. Cruise, P. L. and R. C. Nyhan, 1999. First Among (Un)Equals: Performance Assessmem Measures for the Health Care Manager (with Peter L. Cruise). The Southeastern Conference on Public Administration, Pensacola, FL. Nyhan, R. C. and M. Alkadry, 1999. Does Money Matter?: How Increased Funds Impact on Student Achievement Test Scores. The Southeastern Conference on Public Administration Pensacola, FL. Nyhan, R. C. and L. L. Martin, 1997. Assessing the performance of municipal police departments using data envelopmem analysis: An exploratory study. Association for Public Policy Analysis and Management, Washington, D.C. Nyhan, R. C. and L. L. Martin, 1997. Comparative performance measurement: A primer on data envelopment analysis. American Society for Public Administration, Philadelphia, PA. Nyhan, R. C. and H.A. Marlowe, 1994. Performance measurement and Total Quality Management (TQM) in the public sector: Opportunities and challenges. American Society for Public Administration, San Francisco, CA. Nyhan, R. C., 1993. Measuring and managing Total Quality Management (TQM) in utility organizations. Association for Quality and Participation/Edison Electric Institute. Tampa, FL, September 15. Marlowe, H. A., R. C. Nyhan, L. Arrington and W. Pammer 1993. The Re-ing of Local Governmem: An integrated model for incremental and dramatic change. Sixth National Public Sector Productivity Improvemem Conference. September 8-10, Phoenix, AZ. Marlowe, H. A. and R. C. Nyhan, 1993. Using the punctuated equilibrium paradigm to guide organizational change. American Society for Public Administration, National Conference, San Francisco, CA, July 16. Nyhan, R. C. and H.A. Marlowe, 1994. Performance measurement and Total Quality Managemem (TQM) in the public sector. American Society for Public Administration, National Conference, San Francisco, CA, July 16. Nyhan, R. C., 1993. Performance measurement in the public sector. South West Florida Government Finance Officers Association, Municipal Financial Administration Seminar, Ft Myers, FL, April 30. Nyhan, R. C. and H.A. Marlowe, 1993. Organizational effectiveness enhancemem under Total Quality Managemem (TQM) in a non-manufacturing setting. Fourth International Conference on Productivity and Quality Research, University of Miami, Institute of Industrial Engineers, Miami, FL, February 11. Marlowe, H. A. and R. C. Nyhan, 1993. Changing the deep structure of a public organi?otion: Using the punctuated equilibrium paradigm to guide productivity and quality improvement programs. Fourth International Conference on Productivity and Quality Research, University of Miami, Institute of Industrial Engineers, Miami, FL, February 11. Lynch, T. and R. C. Nyhan, 1992. Leadership, emerpreneuralism and productivity: Challenges for public administration in the 1990s. President's Commission on Management Initiatives/ American Society of Public Administration. Charleston, SC, July 8. Lynch, T. and R. C. Nyhart, 1991. A holistic approach to productivity. International Institute of Public Administration. Brussels, Belgium, November 28. NON-REFEREED JOURNAL ARTICLES Nyhan, R. C. 1997. Sot~ware Performance Evaluation: Fromier Analyst. Operations Research/Management Science Today (forthcoming). Nyhan, R: C. and Herbert A. Marlowe, Jr., 1993. Pertbrmance measurement and TQM in the public sector The Public Manager~ 22, (3) 80-81. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~//b"I AGENDA ITEM /0 ~ - REGULAR MEETING OF JANUARY 18, 2000 ORDINANCE NO. 1-00 (EMS TRANSPORTATION FEES) JANUARY 13, 2000 Tkts is second reading and a public hearing for Ordinance No. 1-00 Much amends Secuon 96.66 of the City Code by adjusting the fee schedule for emergency medical transportation in accordance w;th the Inflation Index _Charge (I.I.C.). The Fire Department has been notified that the I.I.C. for 2000, apphcable to Medicare services and fee schedules, will be a 1.7% increase. are recommended: To stay within the Medicare allowances, the following increases FROM $300.00 Advanced Life Support Basic Life Support $218.00 Mileage Fee $6.08/mile The increases will be effective retroactive to January 1, 2000. TO $305.00 $220.00 $6.20/nule At first reading on January 4, 2000, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 1-00 on second and final reading. RefiAgmemo21.Ord 1-00.EMS Transport Fees Sheet1 RATES CHARGED BY PALM BEACH COUNTY EMS AGENCIES: 16-Dec-99 American Medical Rescue Boca Raton Fire REscue Boynton Beach Fire Rescue Delray Beach Fire Rescue Greenacres Public Safety Lake Worth Fire Rescue North Palm Beach Public Safety Palm Beach County Fire Rescue Palm Beach Gardens Fire Dept. Riviera Beach Fire Rescue Royal Palm Beach Fire Dept. West Palm Beach Fire Dept. ALS BLS MILEAGE $328.70 $328.70 $6.50 $272.00 $170.00 $5.80 $289.00 $6.50 $300.00 $218.00 $6.08 $280.00 $197.00 $5.70 $310.00 $6.00 $310.00 $6.00 $325.00 $225.00 $7.50 $297.50 $5.50 $270.00 $270.00 $6.00 $325.00 $225.00 $5.50 $340.00 $7.25 Page 1 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 DELRAY BEACH, BY AMENDING SECTION 96.66, ~EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE ANNUAL INFLATION INDEX CHARGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, pursuant to Section 96.66(B) of the City Code, the City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine appropriate fee changes; and WHEREAS, the City Commission has been notified that the Inflation Index Charge (I.I.C.) for 2000, applicable to Medicare services and fee schedules, will be a 1.7% increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, ~General Regulations", Chapter 96, ~Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support Transportation fee (2) Basic Life Support Transportation fee $218.DD $220.00 (3) Mileage fee $6~ $6.20/mile Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective as of January 1, 2000. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2000. ATTEST: MAYOR City Clerk First Reading Second Reading Ord. No. l-O0 FIRE DEPARTMENT DELRAY BEACH SERVING DELRAY BEACH City ]993 MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER · GULFSTREAM · HIGHLAND BEACH FROM: ROBERT B. REHR, FIRE CHIEF DATE: DECEMBER 15, 1999 SUBJECT: ADJUSTMENT OF EMS TRANSPORT FEES We have been notified that the Inflation Index Charge (I.I.C.) for 1999, applicable to Medicare services and fee schedules, will be a 1.7% increase. According to City of Delray Beach Ordinance No. 5-95, Section 96.66, Emergency Medical Transport Fees, Sub-Section B: "The City Commission may adiust fees annually pursuant to the Inflation Index Charee (I.I.C.) which is used by Medicare to determine the appropriate fee charges." It is our recommendation that an increase be granted effective January 1, 2000. This will allow us to keep up with the changes m Medicare allowances. I suggest we put this on the next Commission Meeting agenda, if ~t meets with your approval. The followmg shows what percentage charges would be for each charge: PRESENT FEE 1.7% INCREASE TOTAL RECOMMEND ALS $ 300.00 $ 5.10 $ 305.10 $ 305.00 BLS $ 24~.00 $ 3.71 $ 221.71 $ 220.00 Mileage $ 6.08 $ .10 $ 6.18 $ 6.20 If you are in agreement with the above, I have attached an agenda so we can proceed w~th this proposal. Fire Chief Attachment FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Prtnted on Recycled Paper Request to be placed on: X Consent Agenda When: Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST January 4, 2000 ~ Special Agenda Date: December 16, 1999 __ Workshop Agenda The City of Delray Beach Ordinance No. 5-95, Section 96.66 allows an annual adjustment of transport charges according to the inflation index (IIC). We have been advised that this charge will increase 1.7% this year and want this increase to reflect upon the rates that are charged for Emergency Medical Transport Fees Sub-Section B. ALS transport from $300 to $305, BLS from $218 to $220, mileage from $6.08 to $6.20. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: NO ~ NO Staff recommends the granting of this increase to stay with the Medicare allowances. This increase should take effect by January 1,2000. This is no monetary cost to the Department or to the Clty, ,t wlll increase the returns o~ ~ ~ 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: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Yes No applicable) Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved PO.#