Agenda Reg 02-01-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
FEBRUARY 1, 2000 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
DELRAY BEACH
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
lA.
:L.
2.
3.
4.
5.
6.
Oath of Office to incoming Commissioner N. Willard Schwartz·
Roll Call.
Invocation.
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes:
Proclamations:
A. Calling for the First Nonpartisan Election on March 14, 2000
(Perry DonFrancisco)
City Manager recommends approval.
Presentations:
A. Delray Citizens for Delray Police
Holiday Toy Drive Presentation
Consent Agenda:
A. PROPERTY TAX EXEMPTIONS FOR IMPROVEMENTS TO HISTORIC
Be
PROPERTIES (RESOLUTION NOS. 11-00, 12-00 & 13-00): Approve
the final applications and associated resolutions for property
tax exemptions for three historic properties, as follows:
Dietrich Residence at 238 S.E. 7th Avenue/Resolution No.
11-00; Turner Residence at 145 N.E. 6th Avenue/Resolution No.
12-00; and Hayes Residence at 1109 Seaspray Avenue/Resolution
No. 13-00.
PALM BRACH COUNTY LOCAL MITIGATION STRATEGY AND ASSOCIATED
INTERLOCAL AGREEMENT: Adopt the Palm Beach County Unified
Local Mitigation Strategy (LMS) and authorize the execution of
the associated Interlocal Agreement between the County and the
City which provides that the City and County agree to be
governed by the criteria outlined in the LMS document.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTIONS: Ratify the various actions
approved by the South Central Regional Wastewater Treatment
and Disposal Board at the quarterly meeting of January 20,
2000.
Regular Commission Meeting
February 1, 2000
ADDENDUM TO AGREEMENT (CREDIT CARD SERVICES)/UNIFIED MERCHANT
SERVICES & FIRST FINANCIAL BANK: Approve an addendum to the
Agreement between Unified Merchant Services, First Financial
Bank, and the City which will provide processing of the City's
credit card services at a rate of 2.24% for a period of three
years.
SERVICE AUTHORIZATION ~99-01.0/ECKLER ENGINEERING (BREEZY
RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS): Approve Service
Authorization #99-01.0 in the amount of $50,000.00 with Eckler
Engineering for survey and design services on N.W. 24th
Avenue, N.W. 23rd Avenue and N.W. 2nd Street in Breezy Ridge
Estates. This project is part of the 2000 Road Bond Program,
and funding is available from 448-5470-538-65.48 (Stormwater
Utility - Breezy Ridge Estates).
SERVICE AUTHORIZATION ~4/ROBERT G. CURRIE PARTNERSHIP
(MAINTENANCE SHOP ADDITION): Approve Service Authorization %4
in the amount of $7,350.00 with Robert G. Currie Partnership
for consulting services associated with a 912 sq.ft, addition
to the existing Maintenance Division building at 434 South
Swinton Avenue, with funding from 441-5161-536-62.10 (W&S
Capital Outlay - Buildings).
SERVICE AUTHORIZATION #4/PROFESSIONAL ENGINEERING CONSULTANTS
(BARRIER ISLAND REUSE PROGRAM): Approve Service Authorization
%4 in the amount of $23,925.00 with Professional Engineering
Consultants (PEC) for consulting services associated with the
proposal for a wast,water reuse program to service the barrier
island for irrigation. Funding is available from
441-5111-536-31.90 (W&S Administration - Other Professional
Services).
SERVICE AUTHORIZATION ~i/PROFESSIONAL ENGINEERING CONSULTANTS
(N.W. 18TH AVENUE a MARTY FLADELL DRIVE): Approve Service
Authorization #1 in the amount of $131,540.00 with
Professional Engineering Consultants (PEC) for consulting
services on the preliminary and final design phases for
improvements on N.W. 18th Avenue and Marty Fladell Drive, with
funding from 448-5470-538-65.47 (Stormwater Utility - NW 18th
Avenue/Marty Fladell Drive).
RESOLUTION NO. 9-00: Approve a resolution assessing costs for
abatement action required to demolish an unsafe structure at
315 S.W. 3rd Street.
RESOLUTION NO. 10-00: Approve a resolution assessing costs
for abatement action necessary to remove nuisances on twelve
(12) properties located throughout the City.
Ko
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period January 18th through January 28, 2000.
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Regular Commission Meeting
February 1, 2000
L. AWARD OF BIDS AND CONTRACTS:
Confirm an emergency purchase in the amount of $24,126.45
for firewall security software for the City's Internet
connection from Mission Critical Systems, Inc., with
funding from 334-6112-519-66.10 (Software Over $500),
334-6112-519-46.90 (Other Maintenance), and
334-6112-519-31.90 (Other Professional Services).
Confirm an emergency purchase in the amount of $13,800.00
from Power Sports of Delray, via Florida State contract,
for the purchase of two (2) Kawasaki ATV Mules for use by
the Ocean Rescue Division, with funding from
501-3312-591-64.20 (Garage/Vehicle Replacement -
Automotive)
Purchase award in the amount of $25,035 to Southeastern
Pump for the purchase of pumps and related equipment for
the Lift Stations llA, 25 and 53 rehabilitation project,
with funding from 442-5178-536-61.83 (W&S Renewal &
Replacement - Lift Station Conversion to Submersible).
o
Purchase award in the amount of $17,256 to Data Flow
Systems, sole source provider, for the purchase of
telemetry components to be provided by the City for the
Lift Stations llA, 25 and 53 rehabilitation project, with
funding from 442-5178-536-61.83 (W&S Renewal &
Replacement - Lift Station Conversion to Submersible).
o
Contract award in the amount of $38,125 to Chaz Equipment
Company, Inc. for the rehabilitation of seventeen (17)
manholes on the southeast interceptor gravity main, with
funding from 442-5178-536-63.93 (W&S Renewal &
Replacement - Southeast Interceptor). Chaz Equipment is
the sole source provider for the rehabilitative process
being used.
Contract award in the amount of $18,300.00 to Shenandoah
General Construction Company, via Broward County
contract, for cleaning and television survey of
approximately 15,000 linear feet of sanitary sewer main,
required as part of the design work for the 2000 Roadway
Bond projects, with funding from 442-5178-536-31.90 (W&S
Renewal & Replacement - Other Professional Services).
o
Contract award in the amount of $23,860.00 to Shenandoah
General Construction Company, via Broward County
contract, for the emergency repair of approximately 400
joints along the gravity sewer main located within the
alley between N.E. 6th Avenue and N.E. 7th Avenue, from
Atlantic Avenue to N.E. 2nd Street, with funding from
442-5178-536-63.51 (W&S Renewal & Replacement - Sewer
Mains).
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Regular Commission Meeting
February 1, 2000
Contract award in the amount of $30,000.00 to Colonna
Asphalt Restoration, Inc., via Broward County contract,
for miscellaneous asphalt repairs and patching as a
result of utility work within paved areas, with funding
from 442-5178-536-63.90 (W&S Renewal & Replacement -
Other Improvements).
Award of contract addition in the amount of $30,000.00 to
Metro Service Consultants, Inc. for miscellaneous fire
hydrant repairs and maintenance, with funding from
441-5123-536-34.90 (Water Distribution - Other
Contractual Services). This item is a sole source award
as Metro Service is already contracted to do cosmetic
maintenance and is on-site.
10.
Purchase award in the total amount of $58,955 to GameTime
for the purchase and installation of Orbiter One
playground equipment for Pompey Park. The price includes
removal and disposal of the old equipment. Funding is
available from 334-4172-572-63.04 (Pompey Park
Playground).
11.
Bid award in the amount of $19,510.00 to Tropical Awning,
Inc. for the replacement of awnings at Veterans Park,
with funding from 001-4126-572-63.90 (Veterans Park
Recreation Facility - Other Improvements).
9. Regular Agenda:
A. CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH:
Bo
Consider a request for conditional use modification to add
10,000 sq.ft, of floor area to the approved project for
Creations of Delray Beach, located at the northeast corner of
Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street
within the former Winn Dixie building. The subject property
is zoned CBD (Central Business District). The Planning and
Zoning Board and staff recommend DENIAL. QUASI-JUDICIAL
PROCEEDING
CONDITIONAL USE MODIFICATION REQUEST FOR DELRAY'S LOST
DRIVE-IN: Consider a request for conditional use modification
to change the phasing of required improvements for Delray's
Lost Drive-In (f/k/a Delray Swap Shop). The subject property
is located on the east side of North Federal Highway,
approximately 500 feet north of Allen Avenue, and is zoned GC
(General Commercial). QUASI-JUDICIAL PROCEEDING
CONDITIONAL USE REQUEST/ADULT DAY CARE CENTER WITHIN DELRAY
OFFICE PLAZA COMPLEX: Consider a request for conditional use
approval to allow the establishment of an adult day care
facility in Building C of the Delray Office Plaza complex
located at 4733 West Atlantic Avenue (north side of West
Atlantic Avenue immediately east of Delray Square shopping
-5-
Regular Commission Meeting
February 1, 2000
center).
Center).
The subject property is zoned POC (Planned Office
QUASI-JUDICIAL PROCEEDING
CONDITIONAL USE MODIFICATION REQUEST FOR GAS DEPOT GASOLINE
STATION: Consider a request for conditional use modification
of the previously approved plan for redevelopment of a
gasoline station by adding another 444 sq.ft, to the
convenience store for a total of 2,444 sq.ft., installing 12
gasoline dispensers instead of the previously approved six,
and phasing the removal of the existing billboard sign for Gas
Depot Gasoline Station. The subject property is located at
the northwest corner of Barwick Road and West Atlantic Avenue
and is zoned GC (General Commercial). QUASI-JUDICIAL
PROCEEDING
VALET PARKING QUEUE & PARKING LICENSE AGREEMENT/KYOTO SUSHi &
SAKE LOUNGE, INC.: Consider approval of a four (4) space
parking queue on the east side of N.E. 2nd Avenue just north
of the first alley north of Atlantic Avenue and a Parking
License Agreement with Kyoto Sushi and Sake Lounge, Inc.
SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from
the Chamber of Commerce for special event approval for the
Delray Affair to be held April 28-30, 2000.
SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a
request from the Chamber of Commerce for special event
approval for the 3rd Annual Delray Affair 5K Run & Health Walk
to be held on Saturday, April 29, 2000.
REOUEST FOR FUNDING/ATLANTIC HIGH SCHOOL BOYS CROSS COUNTRY
TEAM: Consider a request from Atlantic Community High School
for funding support to assist the Boys Cross Country Team in
participating in the Nike National Indoor Track and Field
Championships which will be held in Bloomington, Indiana, in
March 2000.
TENNIS CENTER LICENSE AGREEMENT/CARIBBEAN FESTIVAL: Consider
approval of a license agreement between the City and the
Milagro Foundation, Inc. d/b/a the Milagro Center for a
Caribbean Festival event to be held at the Tennis Center on
Saturday, March 18, 2000. Center (JAY)
BID AWARD/SPORTS TURF ONE, INC. (BALLFIELD MAINTENANCE AT
POMPEY PARK): Consider approval of a bid award at an
estimated annual cost of $21,731 to the lowest responsive,
responsible bidder, Sports Turf One, Inc. (third low bidder)
for the annual landscape maintenance contract for the Pompey
Park basefall fields, with funding from 001-4131-572-34.90
(Parks Maintenance - Other Contractual Services).
CANCELLATION OF.BID AWARD & RE-AWARD/READY MIX CONCRETE ANNUAL
CONTRACT: Consider cancelling the bid award to Callaway
Concrete Company for the ready mix concrete annual contract,
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Regular Commission Meeting
February 1, 2000
and re-award the contract to Florida Rock Industries, Inc.,
second low bidder, at an estimated annual cost of $77,660.00
with funding from 001-3113-541-53.90 (Streets Maintenance/
Other Road Materials) and various capital project accounts.
This is a joint bid with the City of Boynton Beach.
SETTLEMENT OFFER/ELAINE WHITE V. CITY:
offer in the referenced matter.
Consider a settlement
M. APPOINTMENTS TO NOMINATING COMMITTEE FOR VISIONS 2010:
10.
11.
12.
13.
14.
Appoint members to the nominating committee for the Visions
2010 initiative.
No
REQUEST FOR DIRECTION/POMPEY PARK ADVISORY COMMITTEE: Provide
direction concerning the Pompey Park Advisory Committee.
REPLACEMENT APPOINTMENT/SOUTH COUNTY JURY TRIAL FEASIBILITY
COMMITTEE: Consider appointing a replacement for Commissioner
Wright to serve on the South County Jury Trial Feasibility
Committee.
Public Hearings: None
Comments and Inquiries on Non-Agenda Items
Immediately following Public Hearings.
from the Public-
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
First Readings:
ORDINANCE NO. 2-00: An ordinance amending Chapter 56,
"Stormwater", Section 56.04, "Definitions", of the City Code
by removing the definitions of "Director" and "Department",
and amending Section 56.17, "Adjustment of Stormwater
Management Assessments", by adding the definition of the term
"Director" If passed, a public hearing will be scheduled for
February 15, 2000.
Be
ORDINANCE NO. 3-00: An ordinance rezoning four properties
located at the southwest corner of Palm Trail and McKee Lane
from R-1-A (Single Family Residential) District to RM (Medium
Density Residential) District. If passed, a quasi-judicial
public hearing will be scheduled for February 15, 2000.
Co~--ents and Inquiries on Non-Agenda Items.
Ae
City Manager
City Attorney
City Commission
cLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
Scheinberg, et al. v. City of Delray Beach.
re:
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Regular Commission Meeting
February 1, 2000
Attendees:
Mayor Jay Alperin
Commissioner Pat Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Bill Schwartz
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney Jay Jambeck
A certified court reporter
PurDose:
Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
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CITY OF DELRAy BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 1. 2000 - 6:00 P.M.
COMMISSION CHAMBERS
A VDA ADD DK/44
THE REG~ MEETING AGENDA IS AMENDED BY ADDING THE FOTI.OWING
ITEM:
Bid awards for replacement vehicles from various vendors; via Florida Sheriffs Association
contract as specified in Attachment "B", Florida State contract as specified in Attachment
"C", and outside vendors at a total cost of $467,011, with funding from 501-3312-591-64.20
(City Garage Velude Replacement - Automotive).
Also attached are the following:
5. Approval of Minutes:
Minutes of the Regular Meeting of December 7, 1999
9~t. Conditional Use Modification for Creations of Delray Beach.
Request from Jeff Kurtz, applicant's agent, for a postponement from February 1, 2000 to the
February 15, 2000 regular meeting.
9.0. Replacement Appointment/South County. Jury. Trial Feasibility. Committee.
Additional information is provided.
Addendum. Febmat'y 1, 2000.Reg. Mtg.
DECEMBER 7, 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 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
The opening prayer was delivered by Reverend Dan
Casselberry, Cason United Methodist Church.
The Pledge of Allegiance to the flag of the United
States of America was given.
Agenda 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 statufory 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.
ApDroval 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.
6.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 Harry, 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.
8.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.
8oDo
RESOLUTION 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 PARTICUz
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 TEE 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.)
8oFo
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 ~I/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. (SEAGATE 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).
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.
-4- 12/07/99
8oJo
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).
o
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).
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 HI STORIC
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 would be conducted
as a quasi-judicial proceeding 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.
Pat Ca¥ce, Historic Preservation Planner, stated that
the appeal is about upholding the Historic Preservation Board's
decision to add hardware to decorative plastic shutters which
were installed on the two newly constructed buildings without
the approval of the Historic Preservation Board. The Board is
not asking for the removal of the shutters or any change, with
the exception of having hardware installed. The reason for this
is that it would give the shutters the appearance of being
operable shutters. Ms. Cayce stated that the Design Guidelines,
which are part of the City's historic preservation ordinance,
require that shutters be the full length of the window and half
of the width and be installed on the casing side of the window
so that if they aren't operable, at least they appear to be
operable. In the case of the Castle Florida (Swinton Avenue)
building, the approval was for wood louvered shutters, wall
mounted with spacers to make them appear operable, where shut-
ters were indicated on the elevations. The use of shutters on
the front elevation was left to the owner's discretion. In the
case of the Dittman Federspiel building (N.W. 1st Avenue), the
material for the shutters was never approved. The Mhutters on
both buildings were installed as wall shutters, that is against
the wall, and they are vinyl shutters.
At this point, Ms. Cayce stated she wished to enter
the project file into the record, including a set of photographs
which she submitted to the City Clerk for review by the City
Commission.
Tony Keller, Vice-Chairman of the Historic Preserva
tion Board (who was acting Chairman of the HPB at the meeting at
which the decision was made), stated that the original proposal
was that the shutters on the Castle Florida building would be
wooden and would appear to be operable. Contrary to that, the
shutters are vinyl with no spacers. In an effort to mitigate
the problem, the Historic Preservation Board voted to add the
hardware and the shutter dogs. Mr. Keller stated that the Board
felt this was a reasonable compromise to correct a problem that
-6- 12/07/99
the developer self-inflicted. He asked that the Commission
support the Historic Preservation Board's decision.
Robert Federspiel, representinq Dittman Federspiel and
also Castle Florida, stated that the City's code does not pro-
vide for standards as they would relate to inoperable shutters.
It only has one short sentence dealing with shutters, and it
predates the hurricane code issues and all of the problems that
came out of Hurricane Andrew. He continued that in his building
impact glass was installed and the shutters were only installed
as a cosmetic addition. He explained the problems associated
with trying to now come back and install fake hinges to make it
appear that the shutters are operable. Further, the building
was C.O.'d by the City. Mr. Federspiel felt that a study should
be done as to how shutters should be dealt with in the historic
districts and include in that study the changes in the hurricane
code to see how those changes might impact various considera-
tions.
Lloyd Hasner, representinq Castle Florida, also dis-
cussed the rationale for installing the vinyl shutters flush
against the wall with no spacers behind them. They are cosmetic
in nature and meant to blend in with the character of the neigh-
borhood and historic district. If the Historic Preservation
Board had told them from the beginning that the buildings should
have operable shutters, then that if what they would have been.
However, there was no clear direction and the end result is that
the buildings were finished in the manner that was the most
aesthetically pleasing.
At this point, Ms. Cayce clarified that the Historic
Preservation Board was not requiring anything more than the
hardware. They were not requiring spacers between the unap-
proved vinyl shutters. Also, the Board has had a policy (and it
is a part of the Design Guidelines) that decorative shutters are
not historically correct. In this case, however, the Board is
only hoping to rectify the situation as it exists.
A lengthy discussion by the Commission followed, after
which Mr. Schmidt moved to deny the appeal. The motion died for
lack of a second.
Mrs. Archer moved to approve the appeal as modified
(i.e. that the applicant agrees to install the shutter dogs, but
not the hinges, and the applicant will come to some agreement
with the Historic Preservation Board as to color). The motion
was seconded by Mr. Wright. Upon roll call the Commission voted
as follows: Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt
- No; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion FAILED
TO PASS with a 3 to 2 vote.
Mr. Randolph moved to approve the appeal, seconded by
Mr. Wright. Upon roll call the Commission voted as follows:
Mayor Alperin - No; Mr. Schmidt - No; Mrs. Archer - No; Mr.
-7- 12/07/99
Wright - Yes; Mr. Randolph - Yes.
with a 3 to 2 vote.
Said motion FAILED TO PASS
The City Attorney stated that the appeal is denied.
9oBo
REOUEST 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.
Following a lengthy discussion, it was the consensus
of the City Commission that further analysis of the request as
well as input from the neighborhood would be helpful before
reaching a decision.
Mrs. Archer moved to postpone consideration of the
request for waiver to the December 14, 1999 regular meeting.
The motion was seconded by Mr. Schmidt. 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.
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
(OSSHAD)", 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
8 12/07/99
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. ORDINANCE NO. 48-99 (REZONIN~ ASSOCIATED WITH TENNIS
CENTER EXPANSION): An ordinance rezoning two properties located
on the west side of N.W. 2nd Avenue, approximately 400 feet
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,
-9- 12/07/99
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
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
feet
lines.
(2) That hedges with a shade tree every twenty-five
(25 ft.) be installed along the north and west property
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
-10- 12/07/99
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 Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearinqs.
11.A City Manager's response to prior public comments and
~n-H-~-Iries.
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.
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 low 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.
-11- 12/07/99
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 Rocko£f, 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. Virginia Snyder, 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
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.
11.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 guide-
lines for the Education Board and Mrs. Rolle was welcome to
obtain a copy of them from his office.
11.B.4. Commander Scott Schley, 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 Finer, 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
-12- 12/07/99
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.
REOUEST 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-
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 Atlantic 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
-13- 12/07/99
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.
9oFo
TENNIS CENTER CONSULTING AGREEMENT/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
-14- 12/07/99
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.
9.G. 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-
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.
9oHo
PROPOSED POLICY CHANGES/TENNIS CENTER STADIUM USAGE
FEES: Consider approval of proposed policy changes with regard
to usage fees for non-profit civic groups to use the Tennis
Center Stadium.
Brahm Dubin stated that he has been in discussions
with a local organization in an effort to attract them to the
Tennis Center. He explained that the present policy for non-
profit civic groups is to discount the stadium rental fee from
$3,000 by 30% to $2,100. In addition, $500 is charged for
utilities, $250 for trash removal, $300 for clean-up during the
event and $500.00 for post-event clean-up, installation and
removal of the stage and floor at $2,500, and a City Electrician
at $250.00. There is also a facility fee on every ticket sold.
-15- 12/07/99
Only the rent portion is discounted. The interested organiza-
tion suggested that since theirs would be a new event, perhaps
the City would consider helping out by waiving the rent. In an
effort to give himself a little more latitude when trying to
attract events, Mr. Dubin developed the proposed policy changes
that would help him in negotiating arrangements.
Mr. Dubin stated that the amended policy would allow
him to consider waiving the rental fee of $3,000 if the organiza-
tion is a non-profit or civic group that is located within the
City limits and makes a multi-year commitment. The facility fee
would then be increased by $0.75 per ticket in an effort to
recoup the rental fee. If 2,800 tickets are sold for an event
the City gets back the rental fee. He felt that it might be
appropriate in instances where all of the qualifications are met
for the City to share in the risk to a certain extent when it
fits the City's long-term goals of bringing certain types of
events to the Tennis Center. He asked that he be granted the
latitude to negotiate along this line with prospective groups
that might be interested in using the Tennis Center for an event.
Discussion by the Commission followed. Some concern
was expressed about the ability of smaller non-profit groups to
attract enough people to an event so that the City would recoup
the rental fee.
Mr. Schmidt commented that he would be willing to give
the proposal a try to see if it works because it hopefully will
give the City more of an opportunity to get some more use of the
stadium by non-profit groups if the option is available. It may
or may not work, but it can always be reevaluated at a later
date.
Mr. Dubin clarified that his intent was to allow this
as an option only for first-time events that are trying to get
off the ground. It could serve as an incentive to bring events
into the tennis center, but the organizations would have to meet
the criteria and it would be only for the first year.
Mr. Schmidt moved to approve the proposed policy
change for non-profit civic groups to use the tennis stadium for
a term of one year, with it to be reevaluated by the City Commis-
sion at the end of one year. The motion was 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 - No. Said motion passed with a 4 to 1 vote.
9oio
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.
Richard Hasko, Director of Environmental Services,
presented an overview of the proposed Roadway Bond Program. For
-16- 12/07/99
purposes of this project, the City was broken down into four
quadrants by Atlantic Avenue separating north from south and
Congress Avenue separating east from west. The bond program
projects and associated costs are outlined by quadrant in Exhib-
it I of the background documentation. The program costs are
projected to total $12,273,738 and are categorized as follows:
$7,269,020 for roadway improvements; $1,536,833 for potable
water improvements; $749,984 for wastewater improvements; and
$2,717,901 for drainage. From an administrative standpoint, the
program will be implemented in eight (8) projects which are
defined as follows:
* Resurfacing/Swale Reconstruction
project (citywide) ........... $
845,040
* Barrier Island Projects ......... $1,742,231
1-95 to Intracoastal
* Lake Ida Road to North City Limits
$1,208,201
* Atlantic Avenue to Lake Ida Road .... $2,404,093
* Atlantic Avenue to South 10th Street
$1,692,251
* South 10th St. to South City Limits
$2,110,329
West of 1-95
* Congress Avenue to 1-95 ......... $1,159,000
* Congress Avenue West .......... $ 792,920
Mr. Masko noted that a complete project listing with
costs for each of the eight project areas was provided in the
background documentation as Exhibit II.
As far as funding for the program, it is ~nticipated
that initial funds will be available about February 1, 2000.
Roughly $2.3 Million will be required for the resurfacing/swale
reconstruction project and engineering for the balance of the
projects. On or about June 1, 2000, staff will be looking to
encumber all of the funding required for the construction con-
tracts for all of the projects (roughly $6.4 Million) except the
two between Lake Ida Road on the north and S.W. 10th Street on
the south, 1-95 to the Intracoastal Waterway. This area is
expected to be affected most significantly by design parameters
and requirements which will be presented in the Master Drainage
Plan update currently being prepared by Kimley-Horn. The design
and construction of these two projects will be delayed to allow
for completion of the drainage report update so that its recom-
mendations can be incorporated into the project engineering
designs. Funding in the amount of $3.4 Million will be required
-17- 12/07/99
about October 1,
projects.
2000 for construction contracts for these
Bonding in the amount of $7,269,020 is proposed to
provide funding for roadway elements of the program. Approxi-
mately $1,770,000 will be borrowed to meet current fiscal year
funding requirements for stormwater related improvements with
debt service funding available in subsequent years as shown on
Exhibit V of the background documentation. Projects currently
programmed in the Water & Sewer Fund will be accelerated as
shown on Exhibit VII of the background documentation which will
provide funding for utility related costs of the program from
current revenues.
The City Manager stated that the action requested of
the City Commission at this point is to approve the changes to
the Stormwater capital program as shown on Exhibit V of the
background documentation and the changes to the Water and Sewer
capital program as shown on Exhibit VII of the background docu-
mentation.
Mr. Schmidt 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.
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-
rin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0
vote.
2/07/99
9.K. BID AWARD TO ENVIRODYNE LABORATORY INC. (ANNUAL CON-
TRACT FOR SUPPLEMENTAL LABORATORY ANALYSIS): Consider approval
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 iow 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 satisfactory. 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
-19- 12/07/99
of creating a countywide 800 megahurtz communication system for
all police and fire public safety units. The recommendation is
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.
9.Oe
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint a member to the Downtown Development Authority to fill
-20- 12/07/99
an unexpired term ending July 1, 2000.
made by Mayor Alperin (Seat #5).
The appointment will be
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 BOARD: 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.
REQUEST 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-
-21- 12/07/99
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
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. He
felt that over time a parking garage would become neqessary 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
-22- 12/07/99
responses in support of the proposed location have been received
from them.
Upon further discussion, it was felt it would be
desirable to get 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.
12.
FIRST READINGS: None
Comments and Inquiries on Non-Aqenda Items.
13 .A.
C~ty 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.
13 .B.
City Attorney.
-23- 12/07/99
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 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 Wriqht 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.
-24- 12/07/99
FEBRUARY 1, 2000
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, February 1, 2000.
1.A. Oath of Office to incominq Commissioner N. Willard
(Bill) Schwartz·
The Deputy City Clerk administered the oath of office
to incoming Commissioner Bill Schwartz, who was appointed to
City Commission Seat #3 to fill the unexpired term of Commission-
er Michael Wright ending March 29, 2001.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Bill Schwartz
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 Richard
Evans, Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
Agenda Approval.
Mayor Alperin noted an addition of Item 9.P. Bid
Awards for Replacement Vehicles, to the Regular Agenda by adden-
dum, and the addition of Item 5., Approval of Minutes of the
Regular Meeting of December 7, 1999· A request for postponement
of Item 9.A., Conditional Use Modification for Creations of
Delray Beach, and, also the distribution of additional backup
information for Item 9.0., Replacement Appointment/South Jury
Trial Feasibility Committee, to the Regular Agenda.
Mr. Schmidt 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. Schwartz -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Regu-
lar Meeting of December 7, 1999, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mrs. Archer Yes;
Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Procl~unations:
6.A. Callinq for the First Nonpartisan Election on March
14, 2000.
Mayor Alperin read in its entirety a proclamation
calling for the First Nonpartisan Election to be held in the
City of Delray Beach on March 14, 2000.
Presentations:
7.A. Delray Citizens for Delray Police (Perry DonFrancisco)
- Holiday Toy Drive Presentation.
Perry DonFrancisco, on behalf of Delray Citizens for
Delray Police, presented a check to the City's Parks and Recrea-
tion Department for support of the after school program.
CONSENT AGENDA: City Manager recommends approval.
8.a.
PROPERTY TAX EXEMPTIONS FOR IMPROVEMENTS TO HISTORIC
PROPERTIES (RESOLUTION NOS. 11-00, 12-00 & 13-00): Approve the
final applications and associated resolutions for property tax
exemptions for three historic properties, as follows: Dietrich
Residence at 238 S.E. 7th Avenue/Resolution No. 11-00; Turner
Residence at 145 N.E. 6th Avenue/Resolution No. 12-00; and Hayes
Residence at 1109 Seaspray Avenue/Resolution No. 13-00.
The caption of Resolution No. 11-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
AD VALOREM TAX EXEMPTION TO DANIEL G. DIE-
TRICH FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 238 S.E. 7TH AVENUE, AS
FURTHER DESCRIBED HEREIN; DETERMINING THAT
THE COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(M) (5); PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 11-00 is on file
in the City Clerk's office.)
The caption of Resolution No. 12-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
2/Ol/OO
AD VALOREM TAX EXEMPTION TO OCIE L. TURNER
EST FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 145 NE 6TH AVENUE,
DELRAY BEACH; AS FURTHER DESCRIBED HEREIN;
DETERMINING THAT THE COMPLETED IMPROVEMENTS
ARE CONSISTENT WITH LAND DEVELOPMENT REGULA-
TION (LDR) SECTION 4.5.1(M) (5); PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 12-00 is on file
in the City Clerk's office.)
The caption of Resolution No. 13-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
AD VALOREM TAX EXEMPTION TO CARL S. & PATRI-
CIA O. HAYES FOR THE HISTORIC REHABILIATION
OF THE PROPERTY LOCATED AT 1109 SEASPRAY
AVENUE, DELRAY BEACH; AS FURTHER DESCRIBED
HEREIN; DETERMINING THAT THE COMPLETE IM-
PROVEMENTS ARE CONSISTENT WITH LAND DEVELOP-
MENT REGULATION (LDR) SECTION 4.5.1(M) (5);
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 13-00 is on file
in the City Clerk's office.)
PALM BEAC~ COIYNTY LOCAL MITIGATION STRATEGY AND ASSOCI-
ATED INTERLOCAL AGREEMENT: Adopt the Palm Beach County Unified
Local Mitigation Strategy (LMS) and authorize the execution of
the associated Interlocal Agreement between the County and the
City which provides that the City and County agree to be gov-
erned by the criteria outlined in the LMS document.
8.C.
RATIFICATION OF SOUT~ CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various ac-
tions approved by the South Central Regional Wastewater Treat-
ment and Disposal Board at the quarterly meeting of January 20,
2000.
8.D. ADDENDUM TO AGREEMENT (CREDIT CARD SERVICES)/UNIFIED
MERCF~NT SERVICES & FIRST FINANCIAL BANK: Approve an addendum
to the Agreement between Unified Merchant Services, First Finan-
cial Bank, and the City which will provide processing of the
City's credit card services at a rate of 2.24% for a period of
three years.
SERVICE AUTHORIZATION #99-01.O/ECKLER ENGINEERING
(BREEZY RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS): Approve
Service Authorization #99-01.0 in the amount of $50,000.00 with
Eckler Engineering for survey and design services on N.W. 24th
Avenue, N.W. 23rd Avenue and N.W. 2nd Street in Breezy Ridge
Estates. This project is part of the 2000 Road Bond Program,
-3-
2/01/00
and funding is available from 448-5470-538-65.48
Utility - Breezy Ridge Estates).
(Stormwater
8.F. SERVICE AUTHORIZATION #4/ROBERT G. CURRIE PARTNERSHIP
(MAINTENANCE SHOP ADDITION): Approve Service Authorization #4
in the amount of $7,350.00 with Robert G. Currie Partnership for
consulting services associated with a 912 sq.ft, addition to the
existing Maintenance Division building at 434 South Swinton
Avenue, with funding from 441-5161-536-62.10 (W&S Capital Outlay
- Buildings).
8.G. SERVICE AUTHORIZATION #4/PROFESSIONAL ENGINEERING
CONSULTANTS (BARRIER ISLAND REUSE PROGRAM): Approve Service
Authorization #4 in the amount of $23,925.00 with Professional
Engineering Consultants (PEC) for consulting services associated
with the proposal for a wastewater reuse program to service the
barrier island for irrigation. Funding is available from
441-5111-536-31.90 (W&S Administration - Other Professional
Services).
8.H. SERVICE AUTHORIZATION #l/PROFESSIONAL ENGINEERING
CONSULTANTS (N.W. 18TH AVENUE & MARTY FLADELL DRIVE): Approve
Service Authorization #1 in the amount of $131,540.00 with
Professional Engineering Consultants (PEC) for consulting servic-
es on the preliminary and final design phases for improvements
on N.W. 18th Avenue and Marty Fladell Drive, with funding from
448-5470-538-65.47 (Stormwater Utility - NW 18th Avenue/Marty
Fladell Drive).
8.I. RESOLUTION NO. 9-00: Approve a resolution assessing
costs for abatement action required to demolish an unsafe struc-
ture at 315 S.W. 3rd Street.
The caption of Resolution No. 9-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 9-00 is on file
in the City Clerk's office.)
2/01/00
8.J. RESOLUTION NO. 10-00: Approve a resolution assess-
ing costs for abatement action necessary to remove nuisances
on twelve (12) properties located throughout the City.
The caption of Resolution No. 10-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 10-00 is on file
in the City Clerk's office.)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period January 18th through January 28, 2000.
AWARD OF BIDS AND CONTRACTS:
Confirm an emergency purchase in the amount of
$24,126.45 for firewall security software for the
City's Internet connection from Mission Critical
Systems, Inc., with funding from
334-6112-519-66.10 (Software Over $500),
334-6112-519-46.90 (Other Maintenance), and
334-6112-519-31.90 (Other Professional Services).
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Confirm an emergency purchase in the amount of
$13,800.00 from Power Sports of Delray, via
Florida State contract, for the purchase of two
(2) Kawasaki ATV Mules for use by the Ocean
Rescue Division, with funding from
501-3312-591-64.20 (Garage/Vehicle Replacement -
Automotive)
Purchase award in the amount of $25,035 to South-
eastern Pump for the purchase of pumps and relat-
ed equipment for the Lift Stations llA, 25 and 53
rehabilitation project, with funding from
442-5178-536-61.83 (W&S Renewal & Replacement -
Lift Station Conversion to Submersible).
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Purchase award in the amount of $17,256 to Data
Flow Systems, sole source provider, for the
purchase of telemetry components to be provided
by the City for the Lift Stations llA, 25 and 53
rehabilitation project, with funding from
442-5178-536-61.83 (W&S Renewal & Replacement -
Lift Station Conversion to Submersible).
Contract award in the amount of $38,125 to Chaz
Equipment Company, Inc. for the rehabilitation of
seventeen (17) manholes on the southeast intercep-
tor gravity main, with funding from
442-5178-536-63.93 (W&S Renewal & Replacement -
Southeast Interceptor). Chaz Equipment is the
sole source provider for the rehabilitative
process being used.
Contract award in the amount of $18,300.00 to
Shenandoah General Construction Company, via
Broward County contract, for cleaning and televi-
sion survey of approximately 15,000 linear feet
of sanitary sewer main, required as part of the
design work for the 2000 Roadway Bond projects,
with funding from 442-5178-536-31.90 (W&S Renewal
& Replacement - Other Professional Services).
Contract award in the amount of $23,860.00 to
Shenandoah General Construction Company, via
Broward County contract, for the emergency repair
of approximately 400 joints along the gravity
sewer main located within the alley between N.E.
6th Avenue and N.E. 7th Avenue, from Atlantic
Avenue to N.E. 2nd Street, with funding from
442-5178-536-63.51 (W&S Renewal & Replacement -
Sewer Mains).
Contract award in the amount of $30,000.00 to
Colonna Asphalt Restoration, Inc., via Broward
County contract, for miscellaneous asphalt re-
pairs and patching as a result of utility work
within paved areas, with funding from
442-5178-536-63.90 (W&S Renewal & Replacement -
Other Improvements).
Award of contract addition in the amount of
$30,000.00 to Metro Service Consultants, Inc. for
miscellaneous fire hydrant repairs and mainte-
nance, with funding from 441-5123-536-34.90
(Water Distribution - Other Contractual Servic-
es). This item is a sole source award as Metro
Service is already contracted to do cosmetic
maintenance and is on-site.
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10.
Purchase award in the total amount of $58,955 to
GameTime for the purchase and installation of
Orbiter One playground equipment for Pompey
Park. The price includes removal and disposal of
the old equipment. Funding is available from
334-4172-572-63.04 (Pompey Park Playground).
11.
Bid award in the amount of $19,510.00 to Tropical
Awning, Inc. for the replacement of awnings at
Veterans Park, with funding from
001-4126-572-63.90 (Veterans Park Recreation
Facility - Other Improvements).
Mr. Schmidt moved to approve the Consent Agenda,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin
- Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
REGULAR AGENDA:
9oa·
CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY
BEACH: Consider a request for conditional use modification to
add 10,000 sq.ft, of floor area to the approved project for Crea-
tions of Delray Beach, located at the northeast corner of Pineap-
ple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within the
former Winn Dixie building. The subject property is zoned CBD
(Central Business District). The Planning and Zoning Board and
staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING
Mayor Alperin noted the applicant's request for a
postponement to the February 15, 2000 regular meeting.
Mr. Randolph moved to postpone the Conditional Use
Modification for Creations of Delray Beach to the City Commis-
sion Regular Meeting of February 15, 2000. 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. Schwartz - Yes. Said motion passed
with a 5 to 0 vote.
9.B. CONDITIONAL USE MODIFICATION REQUEST FOR DELRAY'S LOST
DRIVE-IN: Consider a request for conditional use modification
to change the phasing of required improvements for Delray's Lost
Drive-In (f/k/a Delray Swap Shop). The subject property is
located on the east side of North Federal Highway, approximately
500 feet north of Allen Avenue, and is zoned GC (General Commer-
cial). QUASI-JUDICIAL PROCEEDING
The City Attorney stated that this item would be
conducted as a quasi-judicial proceeding which allows for presen-
tations by all involved parties, the admission of documents into
the record and public testimony.
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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
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended approval.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mrs. Archer moved to approve the conditional use
modification request for Delray's Lost Drive-In, based upon the
findings and subject to the conditions recommended by the Plan-
ning and Zoning Board. The motion was seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5
to 0 vote.
9.C. CONDITIONAL USE REQUEST/ADULT DAY CARE CENTER WITHIN
DELRAY OFFICE PLAZA COMPLEX: Consider a request for conditional
use approval to allow the establishment of an adult day care
facility in Building C of the Delray Office Plaza complex locat-
ed at 4733 West Atlantic Avenue (north side of West Atlantic
Avenue immediately east of Delray Square shopping center). The
subject property is zoned POC (Planned Office Center). QUASI-JU-
DICIAL PROCEEDING
The City Attorney stated that this item would be
conducted as a quasi-judicial proceeding which allows for presen-
tations 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
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended approval.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mrs. Archer moved to approve the conditional use
request for an adult day care center within Delray Office Plaza
Complex, based upon the findings and subject to the conditions
of approval recommended by the Planning and Zoning Board. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes;
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Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.D. CONDITIONAL USE MODIFICATION REQUEST FOR GAS DEPOT
GASOLINE STATION: Consider a request for conditional use modifi-
cation of the previously approved plan for redevelopment of a
gasoline station by adding another 444 sq.ft, to the convenience
store for a total of 2,444 sq.ft., installing 12 gasoline dis-
pensers instead of the previously approved six, and phasing the
removal of the existing billboard sign for Gas Depot Gasoline
Station. The subject property is located at the northwest
corner of Barwick Road and West Atlantic Avenue and is zoned GC
(General Commercial QUASI-JUDICIAL PROCEEDING
The City Attorney stated that this item would be
conducted as a quasi-judicial proceeding which allows for presen-
tations 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
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended approval.
Mayor Alperin declared the public
Speaking from the audience was the following:
hearing open.
Alice Finst, 707 Place Tavant, spoke in opposition to
the proposal as she was concerned about additional traffic that
she felt would be generated in the area.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Commissioner Archer expressed some concern about the
possibility of children loitering at the facility with its close
proximity to the middle school. It was the consensus of the
Commission to add a condition that no video games be installed
in the convenience store.
Mrs. Archer moved to approve the conditional use
modification request for Gas Depot Gasoline Station, based on
the findings and subject to the conditions of approval recommend-
ed by the Planning and Zoning Board, and with the added condi-
tion added condition that no video games be allowed on-site.
The motion was seconded by Mr. Schmidt. Mrs. Archer - Yes; Mr.
Schwartz - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
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9.E. VALET PARKING QUEUE & PARKING LICENSE AGREEMENT/KYOTO
SUSHI & SAKE LOUNGE, INC.: Consider approval of a four (4)
space parking queue on the east side of N.E. 2nd Avenue just
north of the first alley north of Atlantic Avenue and a Parking
License Agreement with Kyoto Sushi and Sake Lounge, Inc.
Mrs. Archer moved to approve the valet parking queue
and parking license agreement for Kyoto Sushi & Sake Lounge as
recommended by staff. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Schwartz -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.F. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a
request from the Chamber of Commerce for special event approval
for the Delray Affair to be held April 28-30, 2000.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the request as outlined in his memorandum to the
City Commission.
Mr. Schmidt moved to approve the special event request
for the Delray Affair pursuant to the staff recommendation. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
9.G. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider
a request from the Chamber of Commerce for special event approv-
al for the 3rd Annual Delray Affair 5K Run & Health Walk to be
held on Saturday, April 29, 2000.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the request.
Mrs. Archer moved to approve the special event request
for the Delray Affair 5K Run pursuant to the staff recommenda-
tion. The motion was seconded by Mr. Schwartz. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Ran-
dolph - Yes. Said motion passed with a 5 to 0 vote.
9.H. REQUEST FOR FUNDING/ATLANTIC HIGH SCHOOL BOYS CROSS
COUNTRY TEAM: Consider a request from Atlantic Community High
School for funding support to assist the Boys Cross Country Team
in participating in the Nike National Indoor Track and Field
Championships which will be held in Bloomington, Indiana, in
March 2000.
The City Manager stated that he recommends funding
support in the amount of $500. The funds are available from the
City Commission's Special Event contingency account.
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Mr. Schmidt moved to approve funding support in the
amount of $500.00 for the Atlantic High School Boys Cross Coun-
try Team, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes;
Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.I. TENNIS CENTER LICENSE AGREEMENT/CARIBBEAN FESTIVAL:
Consider approval of a license agreement between the City and
the Milagro Foundation, Inc. d/b/a the Milagro Center for a
Caribbean Festival event to be held at the Tennis Center on
Saturday, March 18, 2000.
Mrs. Archer moved to approve the Tennis Center License
Agreement for the Caribbean Festival, seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.J. BID AWARD/SPORTS TURF ONE, INC. (BALLFIELD MAINTENANCE
AT POMPEY PARK): Consider approval of a bid award at an estimat-
ed annual cost of $21,731 to the lowest responsive, responsible
bidder, Sports Turf One, Inc. (third low bidder) for the annual
landscape maintenance contract for the Pompey Park baseball
fields, with funding from 001-4131-572-34.90 (Parks Maintenance
- Other Contractual Services).
Joe Dragon, Assistant Director of Parks and Recrea-
tion, explained that the recommendation is to award to the third
low bidder since the apparent low bidder does not have any
experience with Bermuda grass and the second low bidder likewise
has minimal experience with Bermuda grass and no experience in
sports turf maintenance. Sports Turf One, the third low bidder,
has experience with Bermuda grass sports fields and has also
provided quality service to the City in the past. Hence, the
recommendation to award to Sports Turf One as the lowest respon-
sive, responsible bidder.
Mr. Schmidt moved to approve the bid award for the
annual landscape maintenance contract for the Pompey Park ball-
fields to Sports Turf One, Inc., seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
CANCELLATION OF BID AWARD & RE-AWARD/READY MIX CON-
CRETE ANNUAL CONTRACT: Consider cancelling the bid award to
Callaway Concrete Company for the ready mix concrete annual
contract, and re-award the contract to Florida Rock Industries,
Inc., second low bidder, at an estimated annual cost of
$77,660.00 with funding from 001-3113-541-53.90 (Streets Mainte-
nance/Other Road Materials) and various capital project ac-
counts. This is a joint bid with the City of Boynton Beach.
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The City Manager explained that when the contract was
presented to the low bidder, Callaway Concrete Company, they
declined to sign it and were unwilling to commit to the price
they bid for the term of the contract. In view of this, staff
recommends that the bid award be cancelled and that the bid be
awarded to the second low bidder, Florida Rock Industries, Inc.
Mr. Randolph moved to approve the bid cancellation
with Callaway Concrete Company and re-award to Florida Rock
Industries, Inc. for the annual ready mix concrete contract.
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. Schwartz -
Yes. Said motion passed with a 5 to 0 vote.
9.L. SETTLEMENT OFFER/ELAINE WHITE V. CITY: Consider a
settlement offer in the referenced matter.
Mr. Schmidt moved to DENY the settlement offer as
recommended by the City Attorney. The motion was seconded by
Mrs. Archer. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5
to 0 vote.
9.Mo
APPOINTMENTS TO NOMINATING COMMITTEE FOR VISIONS
2010: Appoint members to the nominating committee for the
Visions 2010 initiative.
Area ~1 (City Manager)
The City Manager recommended the appointment of Loren
Sheffer as the Area #1 representative to the Visions 2010 Nomi-
nating Committee. Mrs. Archer so moved, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz Yes; Mr. Ran-
dolph Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
Area #2 (Commissioner Archer)
Mrs. Archer moved to appoint Arthur Antin as the Area
#2 representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
Area #3 (Commissioner Schwartz)
Mr. Schwartz moved to appoint Jay Felner as the Area
#3 representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes;
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Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes.
motion passed with a 5 to 0 vote.
Said
Area #4 (Commissioner Schmidt)
Mr. Schmidt moved to appoint Ann Koplas as the Area #4
representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
Area %5 (Commissioner Randolph)
Mr. Randolph moved to appoint Alfred Straghn as the
Area #5 representative to the Visions 2010 Nominating Commit-
tee. The motion was seconded by Mr. Schmidt. Upon roll call
the Commission voted as follows: Mayor Alperin Yes; Mr.
Schmidt Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Ran-
dolph - Yes. Said motion passed with a 5 to 0 vote.
Area %6 (Mayor Alperin)
Mayor Alperin stated that he wished to appoint Bill
Wood as the Area #6 representative to the Visions 2010 Nominat-
ing Committee. Mrs. Archer so moved, seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Schmidt -
Yes; Mrs. Archer Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
Area ~7 (City Attorney)
The City Attorney submitted the following three names
for consideration: Frank McKinney, Dr. Frank Boyer, and Kevin
Warner. Mr. Schmidt moved to appoint Frank Boyer as the Area #7
representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes.
Said motion passed with a 5 to 0 vote.
9.N. REQUEST FOR DIRECTION/POMPEY PARK ADVISORY COMMITTEE:
Provide direction concerning the Pompey Park Advisory Committee.
The City Manager stated that there are several vacan-
cies on this particular board and staff has been unable to find
people interested in appointment to the committee. At this
point, direction is needed from the Commission on how to pro-
ceed. The committee can either be disbanded, or else assistance
is needed from the Commission in efforts to recruit people that
have some interest in this and are willing to take the initia-
tive and become more involved. In the first two or three years
the board met on a fairly regular basis, but in the last couple
of years it has been something of a struggle. The records in
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the Clerk's office indicate that the last meeting was held in
February 1998.
During discussion, Mr. Randolph commented that this
board basically came about as a result of the beach unrest
several years ago. The committee was formed to try to get some
control and have some advice from the community concerning some
of the problems that were perceived as problems. Mr. Randolph
stated that he felt the board had served its usefulness and he
did not see where it really needed to be continued.
Mr. Randolph moved to disband the Pompey Park Advisory
Committee, seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9,0.
REPLACEMENT APPOINTMENT/SOUTH COUNTY JURY TRIAL FEASI-
BILITY COMMITTEE: Consider appointing a replacement for Commis-
sioner Wright to serve on the South County Jury Trial Feasibili-
ty Committee.
After discussion, it was the consensus of the City
Commission to postpone action on this item until the next regu-
lar meeting so that additional information could be provided
concerning whether or not it would be appropriate to have two
elected officials (Mayor Alperin and Commissioner Schwartz)
serve on the committee or perhaps P.R.O.D. might have another
recommendation.
9.P. Bid awards for replacement vehicles from various
vendors; via Florida Sheriffs Association contract as specified
in Attachment "B", Florida State contract as specified in Attach-
ment "C", and outside vendors at a total cost of $467,011, with
funding from 501-3312-591-64.20 (City Garage Vehicle Replacement
- Automotive).
Mr. Schmidt moved to approve the bid awards for re-
placement vehicles as recommended by staff, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5
to 0 vote.
10.
PUBLIC HEARINGS: None
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
The City Manager had no responses to prior public
comments and inquiries.
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ll.B. From the Public.
11.B.1. Frank Behrman complimented the City Commission on
their selection of Commissioner Bill Schwartz to fill the unex-
pired term created by Commissioner Wright's resignation.
11.B.2. Luis Martinez, Southridge Road, spoke concerning the
unpaved roads in the Southridge area and the fact that no
progress has been made in making improvements to this area.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 2-00: An ordinance amending Chapter 56,
"Stormwater", Section 56.04, "Definitions", of the City Code by
removing the definitions of "Director" and "Department", and
amending Section 56.17, "Adjustment of Stormwater Management
Assessments", by adding the definition of the term "Director"
If passed, a public hearing will be scheduled for February 15,
2000.
The City Manager presented Ordinance No. 2-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 56, "STORMWATER", SECTION 56.04,
"DEFINITIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY REMOVING THE
DEFINITION OF "DIRECTOR" AND BY REMOVING THE
DEFINITION OF "DEPARTMENT"; AMENDING SECTION
56.17, "ADJUSTMENT OF STORMWATER MANAGEMENT
ASSESSMENTS" BY ADDING THE DEFINITION OF
THE TERM "DIRECTOR"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 2-00 is on file in
the City Clerk's office.)
Mr. Schmidt moved to approve Ordinance No. 2-00 on
FIRST Reading, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 3-00: An ordinance rezoning four proper-
ties located at the southwest corner of Palm Trail and McKee
Lane from R-1-A (Single Family Residential) District to RM
(Medium Density Residential) District. If passed, a quasi-judi-
cial public hearing will be scheduled for February 15, 2000.
The City Manager presented Ordinance No. 3-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1-A (SINGLE
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FAMILY RESIDENTIAL) DISTRICT IN THE RM
(MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
DISTRICT: SAID LAND BEING FOUR PROPERTIES
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
PALM TRAIL AND McKEE LANE, AS MORE PARTICU-
LARLY 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. 3-00 is on file in
the City Clerk's office.)
Mrs. Archer moved to approve Ordinance No. 3-00 on
FIRST Reading, seconded by Mr. Schwartz. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
13.
Comments and Inquiries on Non-Aqenda Items.
13 .A.
City Manager.
The City Manager advised the City Commission that he
would be out of the office this coming Thursday and Friday as he
would be attending the Florida Institute for City Managers.
13 .B.
City Attorney.
The City Attorney had no comments or inquiries.
13 .C.
City Commission.
Commissioner Schwartz expressed his appreciation to
the City Commission for the opportunity to serve out Commission-
er Wright's unexpired term. He stated that he hoped he would be
able to live up to the standards set by this outstanding Commis-
sion.
At this point, the time being 7:30 p.m., the Commis-
sion moved to Item 14 on the agenda.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to
286.011(8) re: Scheinberg, et al. v. City of Delray Beach.
F.S.
Attendees:
Mayor Jay Alperin
Commissioner Pat Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Bill Schwartz
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney Jay Jambeck
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A certified court reporter
Purpose: Discuss settlement negotiations and
strategy related to litigation expenditures in the referenced
case.
Mayor Alperin reconvened the regular meeting at 8:05
p.m.
Prior to adjournment, the City Manager stated that the
tennis courts, clubhouse and swimming pool at the Layer's Rac-
quet Club facility are on the market at an asking price of
$750,000. In discussing this with the Tennis Center Manager,
there is a need for additional clay courts. If the Commission
wished to consider this matter further, staff would proceed with
the required advertising and letter of intent, as there is a
formal process that the City would have to go through.
After discussion, it was the majority consensus of the
City Commission to direct staff to proceed as outlined by the
City Manager.
There being no further business,
adjourned by Mayor Alperin at 8:30 p.m.
the meeting was
City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the February 1, 2000 City Commission Regular Meeting, which
minutes were formally approved
sion on ~lf~ /'~'-f ~- '
and adopted by the City Commis-
...... ~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.
-17-
2/o /oo
WHEREAS, the Charter of the City of Delray Beach, Florida, provides for the
calling of a First Nonpartisan Election for the purpose of electing officers of the City and
such other purposes as the Commission may prescribe; and
WHEREAS, pursuant to said Charter provisions, it is provided that a First
Nonpartisan Election shall be held on the second Tuesday in March of each year
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby call for such nonpartisan election
to be held on Tuesday, March '14, 2000, between the hours of 7:00 a.m. and 7:00
p.m., with all the precincts and polling places in the City of Delray Beach, as designated
by the Supervisor of Elections for Palm Beach County, being as follows:
Precinct No. Polling Place
166&166A
166B
166C
170
171,171D
171A
171B
171C
172
172A, B,C,D
173
174,174B
174A
174C
175
175A
176
176A, 177
176B
178
178A
179
189&190
Lakeview Baptist Church, 2599 N. Swinton Avenue
Pines of Delray North Clubhouse, 1641 NW 18th Avenue
Country Manors Clubhouse, 4900 Country Manors Blvd.
Church of the Palms, 1960 N. Swinton Avenue
Delray Beach Municipal Golf Course, 2200 Highland Avenue
Banyan Creek Elementary School, 4243 Sabal Lakes Road
Temple Sinai, 2475 West Atlantic Avenue
West Park Baptist Church, 4004 Lake Ida Road
Pompey Park Recreation Center, 1101 NW 2nd Street
Cornell Museum-Old School Square, 51 N. Swinton Avenue
Delray Full Service Cerlter, 301 SW 14th Avenue
Delray Woman's Club, 505 SE 5th Avenue
Sun Sentinel Building, 3333 South Congress Avenue
Abbey Delray South, 1717 Homewood Boulevard
Community Center, 50 NW 1=t Avenue
Cornell Museum-Old School Square, 51 N. Swinton Avenue
Temple Sinai, 2475 West Atlantic Avenue
Emmanuel Catholic Church, 15700 Military Trail
Orchard View Elementary School, 4050 Old Germantown Road
Boca-Delray Church of Christ, 620 Bluebird Drive
Lake Delray Apartments, 700 Lindell Boulevard
Pines of Delray Clubhouse, 2451 Black Olive Boulevard
Adult Recreation Center, 802 NE Ist Street
All qualif'~l electors of the City of Delray Beach, Florida, shall be qualified to vote
in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 1st day of
February, 2000.
Jay Alperin
Mayor
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR
PAT CAYCE, HISTORIC PRESERVATION PLANNER..~,/~"'~-"~
MEETING OF FEBRUARY 1, 2000
APPROVAL OF THREE FINAL APPLICATION REQUESTS FOR PROPERTY TAX
EXEMPTIONS FOR IMPROVEMENTS TO HISTORIC PROPERTIES
On November 3, 1992, Florida voters approved an amendment to the state constitution that allows local
governments to prowde a property tax exemption to increases in assessed values that result from
improvements to historic properties. The Florida Legislature enacted Sections 196.1997 and 196.1988
to govern the allowance of such exempbons. The goal of th~s legislabon is to encourage preservation
and rehab~htation of historic properties and to assist in efforts to revitalize older neighborhoods and
commercial areas. On November 19, 1996 the City Commission approved an amendment to LDR
Section 4.5.1, H~storic Sites and Districts, by adding subsection 4.5.1(M), Tax Exemption for Historic
Properties.
Three property owners have since applied to the Historic Preservation Board (HPB) for the exemption by
submitting Pre-Construction Applications detailing the proposed improvements. As required by the
ordinance, the HPB granted Certificates of Appropriateness for each property prior to commencement of
construction The improvements have now been completed, and the Final Applications were submitted
to the HPB for review. Subsequent to City Commission approval, the applications will be forwarded to
the Board of County Commissioners for final approval. Attachedis a description of each property and a
summary of the improvements made to each.
At the meeting of January 19, 2000 the HPB reviewed the Final Applications for each property and
determined that the work done on each was completed in conformance with the review standards
contained in LDR Section 4 5.1(M)(5), and constituted a qualifying improvement. The Board voted
unanimously to recommend that the City Commission grant the tax exemptions for a period of 10 years
for the following historic properties:
1. Dietrich Residence, 238 SE 7th Avenue, Marina Historic District, cost of improvements: $64,754
2 Turner Residence, 145 NE 6th Avenue, individually listed in the Local Register of Historic Places, cost
of ~mprovements: $165,000
3 Hayes Residence, 1109 Seaspray Avenue, individually listed ~n the Local Register of Historic Places,
cost of improvements: $287,355
The exemptions will apply to any increase in assessed value resulting from the improvements.
By motion, approve the tax exemption for a period of 10 years for the 3 properties listed above, subject to
the recordation by each owner of a Restrictive Covenant guaranteeing that the character of the property
and qualifying improvements will be maintained during the period that the exemption is granted.
Fdelpzlhpblcc doc for 3 final app tax
RESOLUTION NO. 3.1 - O0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO DANIEL G. DIETRICH FOR THE HISTORIC
REHABILIATION OF THE PROPERTY LOCATED AT 238 SE 7TM
AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING
THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATION (LDR) SECTION
4.5. l(M)(5); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the
"City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive
and significant elements of the City's historical, cultural, social, economic, political, archaeological,
and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing
for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic
properties (Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to
increase interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present
such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall
recommend that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on September 16, 1998, for an ad valorem tax
exemption for the historic renovation and restoration of the property located at 238 SE 7~ Avenue,
Delray Beach; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on
January 19, 2000, for a determination that the completed improvements were consistent with LDR
Section 4.5. l(M)(5) and recommends approval to grant an ad valorem City tax exemption to Daniel G.
Dietrich for the restoration, renovation, and improvement to the property located at 238 SE 7~ Avenue,
Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 238 SE 7* Avenue, Delray Beach; as described in the application for ad valorem tax
exemption filed with the City, were consistent with LDR Section 4.5. l(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, Daniel G. Dietrich, for a ten year period, commencing on , from that
portion of ad valorem taxes levied on the increase in assessed value, between the years
, resulting from the renovation, restoration, and rehabilitation of the property
located at 238 SE 7* Avenue, Delray Beach; which property is legally described as follows and which
improvements are described in HPB Certificate of Appropriateness No. 336:
GRAOEY-BYRD, LOT 15 & THE SOUTH 10 FEET OF LOT 16, AS
RECORDED IN PLAT BOOK 10, PAGE 52 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Section 3. Prior to the ad valorem tax exemption described herein being effective, Daniel G.
Dietrich shall execute and record a restrictive covenant in a form established by the State of Florida,
Department of State, Division of Historical Resources, requiring the qualifying improvements be
maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall
be provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
PASSED AND ADOPTED in regular session on the ~
day of ,2000.
ATTEST:
MAYOR
City Clerk
2 Res. No. 11-00
DIETRICH RESIDENCE
238 SE ?TH AVENUE
MARINA HISTORIC DISTRICT
Cost of improvements: ~64,754
The improvements to this histodc residence encompass a 676 s.f. addition to the original,l,000
s.f. cottage. The addition is 2 story and contains a master bedroom and bath on the 2 floor
and a new living room and porch on the first floor. The owners enjoy the house and the historic
neighborhood, and therefore chose to expand rather than to move to a larger residence to
accommodate their growing family.
North Side of House showing Old & New Construction
..now en,
serve as
& Wood
m. ~Planr. ng& Zo~ng~le~li~PB~ei~ch Remdence doc
RESOLUTION NO. 12- 00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO OCIE L. TURNER EST FOR THE HISTORIC
REHABILIATION OF THE PROPERTY LOCATED AT 145 NE 6TM
AVENUE, DELRAY BEACH; AS FURTHER DESCRIBED HEREIN;
DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE
CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5. l(M)(5); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the
"City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive
and significant elements of the City's historical, cultural, social, economic, political, archaeological,
and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing
for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic
properties (Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to
increase interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present
such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall
recommend that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstmction Application and received preliminary
approval from the Historic Preservation Board on May 6, 1998, for an ad valorem tax exemption for
the historic renovation and restoration of the property located at 145 NE 6~ Avenue, Delray Beach; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on
January 19, 2000, for a determination that the completed improvements were consistent with LDR
Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Ocie L.
Turner Est. for the restoration, renovation, and improvement to the property located at 145 NE 6t~
Avenue, Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 145 NE 6~ Avenue, Delray Beach, as described in the application for ad valorem tax
exemption filed with the City, were consistent with LDR Section 4.5. l(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, Ocie L. Turner Est., for a ten year period, commencing on , from that
portion of ad valorem taxes levied on the increase in assessed value, between the years
, resulting from the renovation, restoration, and rehabilitation of the property
located at 145 NE 6~ Avenue, Delray Beach; which property is legally described as follows and which
improvements are described in HPB Certificate of Appropriateness No. 335:
TOWlq OF DELRAY, THE SOUTH 27.6 FEET OF LOT 5, LESS THE
WEST 5 FEET OF THE STATE ROAD RIGHT-OF-WAY OF LOTS 6
& 7, LESS THE WEST 5 FEET AS RECORDED IN PLAT BOOK 1,
PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
Section 3. Prior to the ad valorem tax exemption described herein being effective, Ocie L.
Turner Est. shall execute and record a restrictive covenant in a form established by the State of Florida,
Department of State, Division of Historical Resources, requiring the qualifying improvements be
maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall
be provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
PASSED AND ADOPTED in regular session on the ~
day of ,2000.
ATTEST:
MAYOR
City Clerk
2
Res. No. 12-00
TURNER RESIDENCE
145 NE 6TM AVENUE
INDIVIDUALLY LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES
Cost of improvements: ~;165~000
The improvements to this residence were mainly structural and mechanical. The foundations on
the south and east elevations were failing and needed total reconstruction. The failing
foundation had caused many of the wood windows and frames to crack and deteriorate. The
replacement windows are historically correct reproductions of the originals. The electrical
system was installed when the house was constructed and had not been updated. An entirely
new electrical system was installed. A new clay tile roof was installed.
Delray's first architect, Samuel Ogren, designed the house in 1925. The owner, who
was born in the house and has a great attachment to it, is determined to maintain its
historical integrity.
$ ~leflnmg & Zoning~rd$~/-lPEl~Tum~- re~Kleflce
RESOLUTION NO. 13 - 00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO CARL S. & PATRICIA O. HAYES FOR THE
HISTORIC REHABILIATION OF THE PROPERTY LOCATED AT
1109 SEASPRAY AVENUE, DELRAY BEACH; AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT
REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and
significant elements 9f the City's historical, cultural, social, economic, political, archaeological, and
architectural identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing
for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic
properties (Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to
increase interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present
such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall
recommend that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstmction Application and received preliminary
approval from the Historic Preservation Board on March 18, 1998, for an ad valorem tax exemption for
the historic renovation and restoration of the property located at 1109 Seaspray Aveune, Delray Beach;
and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on
January 19, 2000, for a determination that the completed improvements were consistent with LDR
Section 4.5. l(M)(5) and recommends approval to grant an ad valorem City tax exemption to Carl S. &
Patricia O. Hayes for the restoration, renovation, and improvement to the property located at 1109
Seaspray Avenue, Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 1109 Seaspray Avenue, Delray Beach; as described in the application for ad valorem
tax exemption filed with the City, were consistent with LDR Section 4.5. l(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, Carl S. & Patricia O. Hayes, for a ten year period, commencing on .,
from that portion of ad valorem taxes levied on the increase in assessed value, between the years
, resulting from the renovation, restoration, and rehabilitation of the property
located at 1109 Seaspray Avenue, Delray Beach, which property is legally described as follows and
which improvements are described in HPB Certificate of Appropriateness No. 344:
LOT I1, SEASPRAY ESTATES, RECORDED IN PLAT BOOK 21,
PAGE 15 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
Section 3. Prior to the ad valorem tax exemption described herein being effective, Carl S. &
Patricia O. Hayes shall execute and record a restrictive covenant in a form established by the State of
Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements
be maintained during the period that the tax exemption is granted. A copy of the recorded covenant
shall be provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
PASSED AND ADOPTED in regular session on the ~
day of ,2000.
ATTEST:
MAYOR
City Clerk
2 Res. No. 13-00
HAYES RESIDENCE
1109 SEASPRAY AVENUE
INDIVIDUALLY LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES
Cost of improvements: $ 287,355
The house was designed by Samuel Ogren and was originally located on North Ocean
Boulevard. In the path of development, it was scheduled for demolition, when the owners
purchased it and moved it to its present location. The cost of improvements includes site
preparation; moving; pilings and foundation; mechanical upgrading; and general repair and
rehabilitation, including painting and landscaping.
~.~Plann,na & Zonlna~mrdsg. IPB~-Iaves Ree~dence dec
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDI~N, CITY MANAGER
PAUL DORLING, PRr~IPAL PLANNER
MEETING OF FEBUARY 1, 2000 ***CONSENT AGENDA ***
ADOPTION OF THE PALM BEACH COUNTY LOCAL MITIGATION
STRATEGY AND APPROVAL OF AN ASSOCIATED INTERLOCAL
AGREEMENT BETVVEEN PALM BEACH COUNTY AND THE CITY OF
DELRAY BEACH
On April 7, 1998 the City Commission approved joining a city/county partnership to
develop a local mitigation strategy. An intedocal agreement to participate was signed
by City Commission on June 1, 1998. The Commission appointed a member of the
Planning and Zoning Department (initially John Walker and later Paul Doding) to
represent the City on the County's LMS Steering Committee. The Committee has
worked over the past 15 months to help develop a local mitigation strategy document
that has been forwarded to DCA (Department of Community Affairs). In summary this
document includes the following:
· Description of Countywide hazards and vulnerabilities
· Definitions and the location of critical facilities throughout the County
· A list of pre-identified and prioritized mitigation projects.
· A method of conflict resolution between LMS members
· A methodology to revise the prioritization list of mitigation projects.
The Palm Beach County Local Mitigation strategy is to identify and rank mitigation
projects throughout the county. This mitigation list is then periodically updated,
eliminating completed projects and adding new mitigation projects. The ranked list is
then consulted when pre and post disaster funding becomes available. A further benefit
to having a local mitigation strategy plan in effect is an increase in the matching ratio of
FEMA disaster recovery funding from 50/25/25 (federal/state/local) to 901515(federall
state/local). An executive summary of the PBC Unified Local Mitigation Strategy is
attached. The complete plan is available for review in the Planning and Zoning
Department.
The associated interlocal agreement stipulates the City and County agree to be
governed by the following criteria outlined in the Palm Beach County Local Mitigation
Strategy document;
· Instructions for evaluating Hazard mitigation projects;
· Project Prioritization Methodology;
· Resolution of conflicts using the LMS Conflict Resolution Procedure.
In addition, the agreement requires future mitigation projects for which funding is
requested, to be submitted to the County (through the LMS steering committee) for
approval at least once a year. Either party upon 180-day notice to the other party may
terminate the agreement without cause.
The Local Mitigation Strategy has been presented to the League of Cities Board, which
endorsed the Strategy. Adoption of the Local Mitigation Strategy and associated
interlocal agreement is tentatively scheduled for consideration by the Palm Beach Board
of County Commissioners in March, 2000.
The LMS intedocal agreement has been reviewed and approved as to legal form by the
City Attorney.
By motion, adopt the Palm Beach County Unified Local Mitigation Strategy for Palm
Beach County and execute the associated interlocal agreement between Palm Beach
County and the City of Delray Beach.
Attachments:
Executive summary
Interlocal agreement
S:\adv\longrange/Ims6
Palm Beach County Unified Local Mitigation Strategy
Executive Summary
Overview:
The Palm Beach County Local Mitigation Strategy (LMS) hazard mitigation program
was funded in 1998 by the Florida Department of Community Affairs (FDCA) with
Federal Emergency Management Agency (FEMA) funds for comprehensive disaster
mitigation planning. The purpose of the Palm Beach County LMS is to develop a
unified approach among County and municipal governments in reducing vulnerability
of identified hazards, provide hazard management tools, and prioritize mitigation
projects.
Objectives:
The ultimate objectives of the LMS process are to:
1) Improve the community's resistance to damage from natural,
technological, and societal hazards;
2)
Place Palm Beach County in a position to compete more effectively
for pre and post-disaster mitigation funding;
3) Reduce the cost of disasters at all levels; and
4) Speed community recovery when disasters occur.
Plan Outline:
The Palm Beach County LMS accomplishes the following objectives:
1)
Sets forth the guiding principles with which both the County and
municipal governmental entities of Palm Beach County will address
the issue of hazard mitigation (Section 2,0, Guiding Principles);
2)
Identifies the known hazards to which the county is exposed,
discusses their range of impacts, and delineates the individual
vulnerabilities of the various jurisdictions and population centers
within the county (Section 3.0, Hazard Identification and Vulnerability
Analysis);
3)
Reviews and evaluates the existing legal, regulatory, and response
framework currently in place to deal with hazard mitigation (Section
4.0, Inventory and Evaluation of Existing Hazard Management Goals,
Policies, Procedures, Ordinances, Projects, and Activities);
4)
Develops a detailed method by which the Palm Beach County
community (municipalities and County govemment) can evaluate and
prioritize proposed mitigation projects (Section 5.0, Project
Prioritization Methodology);
5)
Develops a conflict resolution procedure by which municipalities and
county governmental entities can resolve any differences that arise
over prioritized mitigation projects or mitigation strategies (Section
6.0, Conflict Resolution Procedures);
6)
Develops the process and schedule by which this entire Unified Local
Mitigation Strategy will be review and updated (Section 7.0, Review
and Revision Procedures for the Palm Beach County Local Hazard
Mitigation Strategy); and
7)
Develops and maintains a Prioritized Projects List (PPL) (Section 8.0,
Palm Beach County Fall 1999 Prioritized Mitigation Projects) of
mitigation projects cross-referenced with potential funding sources.
LMS Process and Procedures:
The LMS Steering Committee has been organized to serve as the policy body for the
LMS program. The role of the Steering Committee is to advise and assist in the
development and implementation of the unified Palm Beach County LMS. The ongoing
objectives of the LMS program include updating the project prioritization list on a bi-
annual basis, updating the plan after a major declared disaster or on a five year cycle,
and implementing the fifteen countywide initiatives and multiple county specific
objectives. The program must also continues the work of the Community Rating
System (CRS) subcommittee which is currently developing numerous policy
recommendations related to the National Flood Insurance Program's Community Rating
System with the goal of decreasing flood insurance premiums to home owners in Palm
Beach County.
The composition of the Steering Committee includes one representative from each
municipality and one representative from the County. Excepting the Evaluation Panel,
which is authorized and whose rules are specified within the LMS, the Chair of the
Steering Committee is authorized to establish subcommittees as needed to further the
goals and objectives of the LMS. Subcommittee members need not be Steering
Committee members but may be any individual able to provide special expertise and
knowledge about specific concerns addressed in the LMS. Currently three
subcommittees remain in existence the Community Rating System (CRS)
subcommittee, the Update/Review subcommittee, and Project Evaluation Panel.
Longrange/executivesummary
INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND
THIS INTERLOCAL AGREEMENT is entered into this day of ,
1999 by and between the Board of County Commissioners, Palm Beach County, Florida
(herein referred to as 'COUNTY"), and
(herein referred to as 'CITY'), each one constituting a public agency as defined in Part I
of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS, Section 163.01 of the Florida Statutes, known as the UFIorida Interlocal
Cooperation Act of 1969," authorizes local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of rnutual
advantage and thereby to provide services and facilities in a manner and pursuant to forms
of governmental organization that will accord best with geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies
as defined therein to enter into interlocal agreements with each other to exercise jointly
any power, privilege, or authority which such agencies share in common and which each
might exercise'separately; and
WHEREAS, in July of 1998, the State Department of Community Affairs provided
funding and entered into an agreement with Palm Beach County to develop a countywide
unified Local Mitigation Strategy that will become part of a Statewide Hazard Mitigation
Strategy; and
WHEREAS, the development of the countywide unified Local Mitigation Strategy
required the participation of all the local municipal governments within Palm Beach County;
and
WHEREAS, the (Town, City, Village, etc.) entered into an interlocal agreement with
Palm Beach County to develop a countywide unified Local Mitigation Strategy, and
assigned a voting representative to the Local Mitigation Strategy Steering Committee,
which is an advisory committee to the Board of County Commissioners; and
WHEREAS, with the completion of the LMS planning process, each local
government will be in the possession of a strategy which will guide the priorities of
rebuilding the community after disasters; and
WHEREAS, communities that implement disaster resistant planning techniques
such as a Local Mitigation Strategy will receive more funding faster after a disaster than
those that have not undertaken a Local Mitigation Strategy project. Furthermore, these
communities will be given a priority over those that have not implemented a mitigation
strategy when various mitigation funding sources are made available; and
WHEREAS, the Local Mitigation Strategy Steedng Committee has developed a
countywide Local Mitigation Strategy that includes a description of countywide hazards
and vulnerabilities, a definition of critical facilities, a database detailing specific latitudinal
and longitudinal locations of those facilities, a method for conflict resolution between
participants, a list of pre-identified and prioritized mitigation programs, projects and
initiatives, and a methodology to revise the prioritized list of mitigation programs, projects
and initiatives; and
WHEREAS, as required by the State of Flodda Department of Community Affairs,
the Local Mitigation Strategy, including the specifics mentioned above, must be adopted
by Palm Beach County and by each local municipal government within the County.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties hereto agree as follows:
SECTION t. PURPOSE
To develop a strategy which will systematically guide the priorities of rebuilding after
a disaster including a method for conflict resolution between participants, a list of pre-
identified and prioritized mitigation programs, projects and initiatives, and a methodology
to revise the prioritized list of mitigation programs, projects and initiatives.
SECTION 2. GENERAL TERMS AND CONDITIONS
A. Both the COUNTY and the CITY agree to be governed by this Agreement,
as well as applicable State and Federal laws, rules and regulations.
B. Modification of this Agreement may be requested by either party. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each party and attached to the original Agreement.
C. There is hereby created a committee to be known as the "Local Mitigation
Strategy Evaluation Panel" responsible for developing the draft list of prioritized Local
Mitigation Strategy projects. The Local Mitigation Strategy Evaluation Panel shall be
governed by the Palm Beach County Local Mitigation Strategy as approved by the
Steering Committee on September 30, 1999, attached hereto as Exhibit A and
incorporated herein by reference.
D. The parties agree to be governed by the Instructions for Evaluating Hazard
Mitigation Projects described by the Local Mitigation Strategy.
E. The parties agree to be governed by the Project Prioritization Methodology
as described by the Local Mitigation Strategy.
F. The COUNTY and the CITY agree to resolve any conflicts that may arise
from the development of the Local Mitigation Strategy by using the Local Mitigation
Strategy Conflict Resolution Procedure attached as described by the Local Mitigation
Strategy.
G. Future prioritized project lists developed in accordance with the Local
Mitigation Strategy Project Prioritization Methodology shall be submitted to the COUNTY
for approval at least once per year. In the event that a prioritized list is not approved by
the COUNTY, the last approved prioritized list shall be deemed the governing list.
H. Future revisions of the Local Mitigation Strategy shall be submitted to the
COUNTY by resolution for formal adoption.
SECTION 3. LIABILITY
A. The CITY as a Florida municipality agrees to be fully responsible as set forth
in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts
which result in claims or suits against the COUNTY and agrees to be liable to the limits set
forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts
or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by
the CITY to which sovereign immunity applies. Nothing herein shall be construed as
consent by a State agency or subdivision of the State of Florida to be sued by third parties
in any matter arising out of any contract.
B. The COUNTY, as political subdivision of the State, agrees to be fully
responsible as set forth in Section 768.28, Florida Statutes, shall be fully responsible for
its own negligent acts or omissions or tortious acts which result in claims or suits against
the CITY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by the COUNTY to which sovereign immunity applies.
Nothing herein shall be construed as consent to be sued by third parties in any matter
arising out of any contract.
Nothing herein shall be construed as a waiver of sovereign immunity by either party,
pursuant to Section 768.28, Florida Statutes.
SECTION 4. TERMIHATION
This Agreement may be terminated without cause by either party to this Agreement
upon one hundred eighty (180) days written notice to the other party. Termination will not
affect the opportunity to place projects on prioritized project lists.
SECTION 5. NOTICE AND CONTACT
A. All notices provided under or pursuant to the Agreement shall be in writing,
delivered either by hand or by first class, certified mail, return receipt requested, to the
representatives identified below at the address set forth below.
For the COUNTY:
William O'Brien, III, Director
Division of Emergency Management
20 South Military Trail
West Palm Beach, Florida 33415
For the CITY:
Alternate for the CITY:
SECTION 6. ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein.
SECTION 7. INVALIDITY OF CLAUSES
The validity of any portion, article, section, paragraph, provision, clause, or any
portion thereof of this Agreement shall have no effect upon the validity of any other part
or portion hereof.
SECTION 8. VENUE
To the extent allowed by law, the venue for any action arising from this Agreement
shall be in Palm Beach County, Florida.
SECTION 9. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties, however, this clause pertains only to the parties to this Agreement.
SECTION 10. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the officers of the COUNTY and CITY.
SECTION 11. EQUAL OPPORTUNITY PROVISION
The COUNTY and the CITY agree that no person shall, on the grounds of race,
color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation
be excluded from the benefits of, or be subjected to, any form of discrimination under any
activity carried out by the performance of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
set forth above.
ATTEST: CITY:
By: By:.
Print Name:
Print Name:
Title: Title:
ATTEST:
DOROTHY H. WILKEN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
Deputy Clerk
By:
Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
Assistant County Attorney
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM O__... - REGULAR MEETING OF FEBRUARY 1, 2000
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
DATE:
TREATMENT AND DISPOSAL BOARD ACTIONS
JANUARY 26, 2000
This is before the City Commission to ratify the actions taken by the South Central Regnonal Wastewater
Treatment and Disposal Board on January 20, 2000. By a vote of 6 to 0, the SCRWTD Board approved
the following:
Authorization to enter into a contract with Britton Services, Inc. for janitorial services at the rate of
$291.80 per month. The contract term is for one year commencing March 1, 2000, and may be
extended for an additional two one-year terms.
Authorization to enter into a contract with New Look Lawn Services at the rate of $1,400.00 per
month for the North Area and an additional $1,000.00 per month for the South Area, for a total cost
of $2,400.00 per month. The contract term ~s for one year commencing March 1, 2000, and may be
extended for an additsonal two one-year terms.
Authorization to expend $1,234.00 from Board surplus funds to make final payment to the City of
Delray Beach in accordance with the Ocean Outfall Purchase Agreement of july 12, 1979.
Authorization to expend $17,400.00 from Repair & Replacement funds for the emergency replacement
of two (2) pumps for emergency chlorine scrubber.
· Authorization to expend $35,000.00 from Repair & Replacement funds for the emergency repair of the
centrifuge conveyor.
· Authorization to expend $3,000.00 from Repair & Replacement funds to replace waste meter to
centrifuge.
Recommend ranfication of the actions approved by the SCRWTD Board on January 20, 2000.
Ref:Agmemol 6 SCRWTD Board Acnon of 1.20.00
BOARD
City Council Members of
Boynton Beach & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-ma~]: scrwwtp@ix.netcorn.com
MEMORANDUM
TO:
FROM:
DATE:
City Clerk's Office,
Mary Ann Shumilla
January 21, 2000
City OF Delray Beach
RE:
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of January 20, 2000
which require signatures. Would you place these on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 2000, by a vote of 6-0, approve Authorization to Enter Into Contract
With BR/TTON SERVICES, INC. Dated March 1, 2000 For the Sum of ;291.80
Dollars Per Month For Janitorial Services. Contract Will Be In Effect For One Year But
May Be Extended For an Additional (2) One Year Terms.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 2000, by a vote of 6-0, approve Authorization to Enter Into Contract
With NEW LOOK LAWN SERVICES Dated March 1, 2000 For The Sum of ;~1,400.00
Dollars Per Month For the Length of Contract In the North Area and An Additional
Sum of ;1,000.00 Dollars Per Month For the Length of the Contract in the South
Area For a Total of $2,400. O0 Per Month. Contract Will Be in Effect For (1) One Year
But May Be Extended For An Additional (2) Two One Year Terms.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Debay Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 2000, by a vote of 6-0, approve Authorization to To Expend
;~1,234.00 From Board Surplus Funds To Make Final Payment To The City Of Defray
Beach As Per The Ocean Outfall Purchase Agreement Of JUL Y 12, 1979.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20. 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 2000, by a vote of 6-0, approve Authorization to Expend ~ 17,400.
From Repair & Replacement Funds To Replace Two (2) Pumps For Emergency Chlorine
Scrubber On An Emergency Basis.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 2000, by a vote of 6-0, approve Authorization to Expend ;~35,000.
From Repair & Replacement Funds To Repair the Centrifuge Conveyor On an
Emergency Basis.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 2000, by a vote of 6-0, approve Authorization to Expend ~3,000.
From Repair & Replacement Fund To Replace Waste Meter To Centrifuge.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Att est:
City Clerk
Approve as to form:
City Attorney
MEMORANDUM
To~
From:
Subject:
Date:
David T. Harden, City Manager
Joseph M~ector of Finance
Visa/Mastercard Services - Savings
January 26, 2000
Pricing for the Visa/Mastercard services provided at the Municipal Golf Course,
Lakeview Golf Course as well as the Tennis Center was reviewed to see if rates were
competitive. Pricing was obtained from Retriever, IMT Payment Service Co. and
Bancard Systems, which are processors for Visa/Mastercard credit card transactions. In
addition, several municipalities within Palm Beach County were called to see what they
are currently being charged.
The compiled information was used to re-negotiate the pricing with Unified Merchant
Services, our current provider, in order to beat the pricing provided by the firm giving the
lowest rates. The current fees are based primarily on a discount of 3.21% on gross sales
and a transaction fee of .08/item. The proposed fee is based on a blended discount and
transaction rate of 2.24% for a three-year period. Other minor fees shall remain the same.
The proposed fee shall result in cost savings of approximately $15,350 per year. (This is
based on the total gross sales and the number of transactions for the period June 1998
through May 1999.) Please see the attached schedule. The City should see the cost
savings, however, as an increase in revenues for each site due to the fact that the vendor
takes their fee off revenues generated. It should also be noted that if sales increase, the
savings to the City would be even greater.
We recommend that the City enter into the attached contract amendment with Unified
Merchant Services. Our services would remain the same but at a much lower cost.
Request to be placed on:
x Regular Agenda
When: 2/1/00
Agenda Item No. :
AGENDA REQUEST
Date: 1/26/00
Special Agenda
Workshop Agenda
Descriptzon of agenda item (who, what, where, how much):
Approve contract amendment with Unified Merchant Services.. Unified Merchant
of ~4% for a period of 3 years.
ORDINA/4CE/ I~SOLUTION REQUII~D: YES/NO Draft Attached: YES/NO
Recommendation: Approve the above.
Department Head Signature:
Determination of Consistency wit~w4~omprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director
of funds):
Review (required
Funding available: YES/ NO
Funding alternatives:
Account No. & Description:
Account Balance:
on all items involving expenditure
~applicabl0
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
NO
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
CITY OF DELRAY BEACH
VISA/MASTERCARD PRICING
SITE GROSS NUMBER OF CURRENT CURRENT TOTAL
SALES TRANSACTIONS DISCOUNT TRANSACTION CURRENT
@ 3.21% FEE (~ .08/ITEM FEE
Municipal G.C.-Pro Shop 655,068 19,795 21,028 1,584 22,611
Mun;cipal G.C.-Rest 199,841 3,215 6,415 257 6,672
Lakeview G.C. 313,695 8,581 10,070 686 10,756
Tennis Center 139,270 1,733 4,471 139 4,609
Total 1,307,874 33,324 ~ ~ ~
SITE GROSS NUMBER OF r PROPOSED PROPOSED TOTAL
SALES TRANSACTIONS DISCOUNT TRANSACTION PROPOSED
~ 2.24% FEE (~ S0/ITEM FEE
Municipal G C.-Pro Shop 655,068 19,795 14,674 14,674
Municipal G.C.-Rest 199,841 3,215 4,476 4,476
Lakeview G.C. 313,695 8,581 7,027 7,027
Tennis Center 139,270 1,733 3,120 3,120
Total 1,307,874 33,324 ~ ~ ~
SITE
TOTAL
SAVINGS
Municipal G C.-Pro Shop
Municipal G.C -Rest
Lakeview G.C
Tennis Center
ADDENDUM TO AGREEMENT
The Sales Agreement by and between Unified Merchant Services ("UMS"), First Financial Bank and
City of Delray Beach CChent") dated May, 1993 (the "Agreement") is hereby amended as follows:
It is understood and agreed that the following Fee Schedule hereby replaces the Fee Schedule set forth in
the Agreement:
N. FEE SCHEDULE
In accordance with the Sales Agreement, the following schedule of fees and other services applies:
Service Fees*:
Process Mode: EDC
MC 2.24% Chargebacks: N/A
Visa 2.24%
Statements: N/A
Diners NA ' Monthly: N/A
JCB N/A
Discount Deducted: N/A
Monthly Minimum Processing Fee**: N/A
Annual Sales Volume: $1,292,141.00 Average Ticket: $38.00
Network Access Fee Per Transaction: N/A
Authorization Capture
MasterCard N/A N/A
Visa N/A N/A
Diners Club N/A N/A
American Express N/A N/A
Discover N/A N/A
JCB N/A N/A
ETC Scan N/A N/A
MC Foreign Handling: N/A
VI Foreign Handling: N/A
FLOOR LIMITS ARE: MasterCard: $0.00
Visa: $0.00 Diners: $0.00
* If Client's MasterCard and Visa transaction(s) qualify for an interchange level lower than the level
set forth below, UMS will credit Client for thc difference between thc lower rate and the established rate.
However, if Client's MasterCard and Visa transaction(s) fail to qualify for the established rate, UMS will
bill back Client for the difference between thc established rate and thc higher rate. Additionally, each
Foreign Visa/MasterCard transaction submitted by Client will be subject to a .1% international transac6on
handling fee.
** The monthly Minimum Processing Fee will be calculated beghming two (2) months after the date
the Credit Department approves the Client. The formula for calculating the Minimum Processing Fee wall
be:
$35.00 - Net MasterCard/Visa/Diners Club Discount (Service Fees) actually paid = Minimum Processing
Fee owed.
*** In the event that transactions fail to meet any of the above conditions, the Service Fee may be
adjusted retroactively and/or prospectively on a monthly basis. Should MasterCard and/or Visa increase
interchange and/or assessment fees, your Service Fee will be adjusted prospectively, as of the effective date
to reflect this change.
The following are the requirements for qualifying for each level of Visa/MasterCard interchange rates:
Visa Interchange Requirements
CPS Retail 1
Zero Floor Limit with a single authorization/settlement for each transaction
Read and transmit entire magnetic stripe data in authorization record
Deposit and clear within 2 days
Transaction must be face to face with the card present and signature obtained
Enriched data in authorization and settlement records
Purchase date must be within 1 day of authorization date
Authorization and clearing MCC must match
Terminal at the point of sale must be, under normal operating conditions, capable of electronically reading
and transmitting the entire contents of the stripe
CPS Retail 2
Zero Floor Limit with a single authorization/settlement for each transaction
Key entered transactions
Deposit and clear within 2 days
Transaction must be face to face with the card present and signature obtained
Enriched data in authorization and settlement records
Purchase date must be within 1 day of authorization date
Authorization and clearing MCC must match
Terminal at the point of sale must be, under normal operating conditions, capable of electronically reading
and transmitting the entire contents of the stripe
CPS-Car Rental/Hotel 2
Zero Floor Limit
Read and transmit entire magnetic stripe data in authorization record
Deposit and clear within 2 days
Card present/signature obtained
Enriched data in authorization and settlement records
One or more authorizations
Single clearing transaction
Clearing amount must be within 15% of authorized amount
Market specific data in authorization and clearing records
CPS-Car Rental/Hotel 1 (Preferred Customer)
Zero Floor Limit
Deposit and clear within 2 days
Card not present/signature on file
Enriched data in authorization and settlement records
Single clearing transaction
One or more authorizations
Preferred Customer status
Clearing amount must be within 15% of authorized amount
Certain Chargeback representment rights forfeited
CPS-Passenger Transport 1
If card present/signature obtained/full magnetic sWipe required
If card not present/valid cardholder signature on file
Deposit and clear within 8 days
Enriched data in authorization and settlement records
Address verification may be performed or certain Chargeback represenmaent rights forfeited
Multiple clearing sequence code required
Total clearing amount must match authorized amount
Airline/railway ticket identifier requixed in settlement
CPS-Passenger Transport 2
Card present/signature obtained/full magnetic stripe required
Deposit and clear within 8 days
Enriched data in authorization and settlement records
Multiple cleating sequence code required
Total clearing amount must match authorized amount
Airline/railway ticket identifier required in settlement
CPS-Card Not Present
Card not present
Deposit and clear within 2 days
Single authorization request
Address verification
Single clearing transaction
Purchase date (shipping date) must be within 7 calendar days of authorization date
Clearing amount 'must match authorized amount
Market specific data in authorization and clearing records
Merchant's order number must be present in the clearing/settlement record
Merchant's customer service number must be in city and state field
CPS-Automated Fuel Dispenser
Read and transmit entire magnetic stripe data in authorization record
Card present/signature not obtained
Deposit and clear within 2 days
Single authorization request for $1.00
Single clearing transaction
Clearing amount no more than $50.00
MCC code must be 5542
Electronic Interchange Reimbursement Fee (EIRF)
Zero Floor Lirmt
Depostt and clear 3 days
Enriched data in authorization and settlement records
Standard
Zero Floor Limit
Deposit and Clear within 30 days
T&E Commercial Card - Electronic
Zero Floor Limit
Transaction must be face to face with card present and signature obtained
Enriched data in authorization and settlement records
Authorization and Clearing MCC must match
Applies to T&E industry only
T&E Commercial Card - Key Entered
Zero Floor Limit with a single authorization/settlement for each transaction
Deposit and clear within 2 days
Transaction must be face to face with the card present and signature obtained
Enriched data m authorization and settlement records
Authorization and clearing MCC must match
Terminal at the point of sale must be, under normal operating conditions, capable of electronically reading
and transmitting the entire contents of the stripe
Must meet CPS T&E requirements
Must be Corporate Cad/Business Card product
Commercial Card - Key Entered Non T&E
Zero Floor Limit with a single authorization/settlement for each transaction
Deposit and clear within 2 days
Transaction must be face to face with the card present and signature obtained
Enriched data in authorization and settlement records
Purchase date must be within 1 day of authorization date
Authorization and clearing MCC must match
Merchant must qualify transactions for CPS Retail
Terminal at the point of sale must be, under normal operating conditions, capable of electronically reading
and transmitting the entire contents of the stripe
Only one authorization may be requested per transaction
Must be Commercial Business Card product
T&E Commercial Card - Standard
Zero Floor Limit
Enriched data in authorization and settlement records
Applies to T&E industry only
CPS Cheek Card
CPS Retail criteria
Authorization record and clearing amounts must match
CPS Supermarket
CPS Retail criteria
MCC code must be 5411
Express Payment
$25.00 Floor Limit
$75.00 Floor Limit for airport parking lots
Read and transmit entire magnetic stripe data in authorization record
Deposit and clear vathm 3 days
Cardholder signature not required for transactions $25.00 and under, or $150.00 and under for airport
parking lots
Must provide copy of transaction record if requested
Transaction not to exceed $25.00 (does not apply to airport parking lots)
Transactions over $25.00 must be processed as normal purchase transacnons (does not apply to airport
parking lots)
Registration in Express Payment Program required
Standard
Zero Floor Limit
Deposit and clear within 30 days
MasterCard Interchange Requirements
Merit IH
Zero Floor Limit
Read and transmit entire magnetic stripe data in authorization record
Deposit and clear w~thin 2 days
Transaction must be face to face with card present and signature obtained
Enriched data in authorization and settlement records
Authorization code must be provided in settlement record
Authorization and clearing mounts must be within applicable tolerance (25% restaurants and bars - 10%
everyone else)
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Merit I
Zero Floor Limit
Deposit and clear within 3 days
Enriched data in authorization and settlement records
Authorization code must be provided in settlement record
Authorization and clearing amounts must be within applicable tolerance (25% restaurants and bars - 10%
everyone else)
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Standard
Zero Floor Limit
Deposit and clear within 30 days
Quick Payment Service (QPS)
$25 Floor Limit
No Authorization: Standard requirements
Foreign - Electronic (Non U.S. Location)
Zero Floor Limit
Read and transmit entire magnetic stripe data in authorization record
Deposit and clear within 5 days
Card and cardholder must be present at the tmae of sale
Authorization and settlement MCC must match
10% transaction tolerance (25% for Restaurant and Bar transactions)
Banknet reference number and Banlmet authorization date must be present in clearing/settlement record
Foreign - Standard (Non U.S. Location)
Zero Floor Lirmt
Deposit and clear within 30 days
Foreign - Electronic (U.S. Location)
Zero Floor Lirmt
Read and transmit entire magnetic stripe data in authorization record
Deposit and clear within 5 days
Card and cardholder must be present at the time of sale
Enriched data in authorization and settlement records
Authorization and settlement MCC must match
10% transaction tolerance (25% for Restaurant and Bar mmsactious)
Banlmet reference number and Banknet authorization date must be present in clearing/settlement record
Foreign - Standard (U.S. Location)
Zero Floor Limit
Deposit and clear within 30 days
MasterCard Corporate Products
Face To Face
2 day settlement
Valid authorization
Card gresent (swiped)
Full txack I or II
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Corporate Card product
10% transaction tolerance
Authonzation and settlement MCC must match
Postal code and state code (Purchase Card only)
Data Rate I
3 day settlement
Valid authorization
Date must be present in clearing/settlement record
Banknet reference number and Banlmet authorization date must be present in clearing/settlement record
Must be a Corporate Card product
Authorization and settlement MCC must match
Postal code and state code (Purchase Card only)
Data Rate II
3 day settlement-
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Purchase Card product
Authorization and settlement MCC must match
Level II Purchasing Card Data
Data Rate III
3 day settlement
Valid authorization
Banknet reference number and Banknet authorizatmn date must be present m clearing/settlement record
Must be a Purchase Card product
Authorization and settlement MCC must match
Level II and Level III Purchasing Card Data
Large Ticket Rate
2 day settlement Fleet card at fuel location or Business Card
2 day settlement Fleet card at non-fuel location or Purchase Card
Transaction amount must be $3,000 or greater
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Corporate Card product
Authorization and settlement MCC raust match
25% transaction tolerance (excludes MCC 5542)
Level II and Level III Purchasing Card Data (Purchase Card only)
International Corporate Interchange
Purchasing Large Ticket
30 day settlement
Transaction amount must be $3,000 or greater
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Purchase/Fleet Card product
T&E MCC codes do not qualify
Purchasing Data Rate
5 day settlement
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Purchase/Fleet Card product
Level II Purchasing Card Data
Fuel MCC codes 5541, 5542, 7511 do not qualify
Purchasing
30 day settlement
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Purchase/Fleet Card product
Corporate
30 day settlement
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Corporate/Business Card product
Corporate Standard
30 day settlement
Valid authorization
Banknet reference number and Banknet authorization date must be present in clearing/settlement record
Must be a Corporate Card product
Postal code and state code (Purchase Card only)
Standard
30 day settlement
Valid authorization
Banknet reference number and Banlmet authorization date must be present m clearing/settlement record
Must be a Consumer Card product
It is further understood and agreed that the Agreement shall continue in full force and effect for
three (3) years from the date of execution of this Addendum.
In the event any of the terms of this Addendum conflict with the Agreement, this Addendum shall
govern. All remaining terms and conditions of the Agreement remain in full force and effect.
This Addendum is hereby executed this __ day of~ 1999.
CITY OF DELRAY BEACH
FIRST FINANCIAL BANK
By: By:
Title: Mayor Title:
ATTEST:
UNIFIED MERCHANT SERVICES
By:
City Clerk
By:
Title:
Approved as to Form and
Legal Sufficiency:
By:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM ~2. ~ . - REGULAR MEETING OF FEBRUARY 1, 2000
SERVICE AUTHORIZATION #99-01.0/ECKLER ENGINEERING
DATE:
(BREEZY RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS)
JANUARY 28, 2000
This is before the City Commission to approve Service Authorization #99-01.0 in the amount of
$50,000.00 w~th Eckler Engineering, Inc. for survey and design services on N.W. 24th Avenue, N.W.
23'd Avenue and N.W. 2"d Street m Breezy Ridge Estates.
Proposed improvements include water main upgrades, a new 8-inch sanitary collection system, a
sanitary lift station, stormwater collection system rehabflitauon, and street reconstruction, including
landscaping and driveway aprons. This prolect xs part of the 2000 Roadway Improvement Bond
Program.
Funding is available from 448-5470-538-65.48 (Stormwater Utility - Breezy Ridge Estates
Nexghborhood Improvements).
Recommend approval of Service Authorization #99-01.0 with Eckler Engineering, Inc.
RefiAgmemol 6.Serv~ceAuth.#99-01.0.Eckle~ Eng.Bzeezy 1Ltdge Estates
Agenda Item No. o~. F__..
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda
Date: 25-Jan-00
When: 01-Feb-00
Description of item (who, what, where, how much): Staff requests Commission
Approval/Authorization for Mayor to execute Service Authorization #99-01.0 from Eckler
Engineering, Inc. for survey and design services on NW 24~ Avenue, NW 23~d Avenue,
and NW 2nd Street. This project is included in the 2000 Road Bond Program. Total cost
for this Service Authorization is $50,000.00. Funding from Account # 448-5470-538-
65.48 Breezy Ridge Estates Neighborhood Improvements.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-I'ACHED YES/NO
Recommendation: Staff recomrp~nds appr. o, val .--,
Department head signature: ~~~~--
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~j[~ on all items involving expenditure of funds): Funding available: ~_~_~10
Funding alternative~'-"' .(if applicable)
Account No. & Description 448-5470-538-65.48, Breezy Ridge Estates
Account Balance $50,000.00 (~¢ ~#aCke~ d',~ ~a~~~)
Ci~ Manager Review:
Approved for agenda: ~/NO~ ~/00
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:iengadminlprojectst2000t2000-O43~official~agendaO~.doc
TO:
FROM:
DATE:
SUBJECT:
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
David T. Harden, City Manager
Randal Krejcarek, P.E. City Engineer~/'/~
January 28, 2000
Breezy Ridge Estates Neighborhood Improvements
Project #2000-043
Please find enclosed the agenda request for Commission to award the Breezy Ridge
Estates Neighborhood Improvements project contract.
The work generally consists of a topographical survey locating all above and below
ground improvements, including significant landscaping, driveway aprons and location
of sanitary cleanouts on NW 24th Avenue, NW 23rd Avenue, and NW 2nd Street.
Proposed improvements to be provided through the design of this project include water
main upgrades, a new 8-inch sanitary collection system, one (1) sanitary lift station,
stormwater collection system rehabilitation, and street reconstruction.
Attached is a map for the referenced project.
Funding Source
Breezy Ridge Estates Neighborhood
Improvements
Account Number
448-5470-538-65.48
Amount
$50,000.00
If acceptable, please place this item on the February 1, 2000 Commission meeting for
Commission approval.
Attachment
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file: 2000-043 (A)
file:s\engadmin~000~000-043~official~agmemo.doc
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db ;~ Cl~ Of DEE.AY BEACH BREEZY RIDGE ESTATES
~M~ ~8 ~PA~ IMPROVEMENTS
~~~~y~~~ oo-o~3
ECIO.I=.R ENGINEERING, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
FOR CONSULTING SERVICES
DATE: January 20, 2000
SERVICE AUTHORIZATION NO.
CITY P.O. NO.
PROJECT NO.: 2000-043
TITLE:
CITY EXPENSE CODE
CITY 215.O1
Breezy Ridge Estates Neighborhood Improvement Project
ECKLER ENGINEERING
This Service Authorization, when executed, shall be incorporated into and shall become an integral
part of the Contract, dated June 2, 1999, between the City of Delray Beach and Eckler Engineering,
Inc.
I. PROJECT DESCRIPTION
Eckler Engineering met with the City of Delray Beach on January 6, 2000 in order to obtain a
thorough understanding of the improvements required to be completed on this neighborhood
improvement project. Eclder Engineering visited the Breezy Ridge Estates Subdivision to gain a
more thorough understanding of the exact field conditions. The following improvements are
proposed to be provided through the design of this project:
Project Area: The project area included within the Breezy Ridge Estates project covers NW 24ta
Avenue, NW 23~ Avenue and NW 2na Street. There will also be a connection from this subdivision
to the sanitary sewer system on Coral Trace Boulevard.
Water System Improvements: There is a water system currently serving this subdivision. It is 4-
inch and 6-inch pipe which must be removed and replaced. A new 8-inch water main will be
installed along each of the roads within this subdivision and the water services will be reconnected
to the new water main. The old water mains will be removed and disposed of at an appropriate
location.
Sanitary Sewer Collection System: There is no sanitary sewer collection system within this
subdivision at this time. A new 8-inch, PVC sanitary sewer collection system will be installed to
serve all of the houses within this subdivision and provide a connection to the vacant property along
Atlantic Avenue east of NW 24~ Avenue.
Stormwater Collection System: There are a few catch basins existing in this subdivision. There
are two outfalls from these catch basins to the Lake Worth Drainage District E-3 Canal and to the
Lake Worth Drainage District Canal to the north of the subdivision. Swales will be incorporated into
the project in all the areas. The existing stormwater collection system will be cleaned and televised
by the City of Dekay Beach and reviewed by Eclder Engineering. If the collection system needs to
be rehabilitated, then plans and specifications will be incorporated into the project for lining or
replacing of the existing pipeline system No additional stormwater pipelines or catch basins are
anticipated to be included in this project.
Roadway Reconstruction: All of the roads within this area will be reconstructed. The existing
roads are in very poor condition and after the construction of the sanitary sewer and water
distribution systems, the roadways will need to be complete reconstructed to current City standards.
All driveways will be replaced from the edge of pavement to the edge of the right-of-way. The
driveways will be installed without the swale passing through the driveway.
This proposal consists of the design of these facilities and improvements, including preparation of
details plans and specifications following by permitting, bidding assistance and recommendation of
award. A detailed probable cost of construction will be prepared upon completion of the final
design.
II. SCOPE OF SERVICES
The Engineer shall provide a complete design of these neighborhood improvements in accordance
with out site visits and our discussions with the City staff and handouts provided by the City. The
work shall include the following:
DESIGN PHASE
The Engineer shall provide the services outlined in Article 3, paragraphs B and C, Phases 2 and 3,
pages 5 and 6, of the Agreement. Specific tasks include:
Task 1 - Administration
Administration of the project includes project setup, client interface, interface and coordination with
Dekay Beach operations personnel, quality control and invoicing.
Task 2 - Field Visits/Collect and Review Data
The Engineer shall visit the project site to review the existing cond'm'ons and facilities and take the
necessary field measurements for design purposes. Finished floor elevations and house numbers will
be obtained. The City will assist the surveyor in location of sanitary cleanouts. The Engineer will
provide a complete survey of the project site to a distance 10 feet outside the existing right-of-way
on each side of the streets and 15 feet at the driveways. One sketch and easement description will
be provided for the pump station and the crossing of the Temple property to Coral Trace Boulevard.
The Engineer will review the tapes of the stormwater collection system prepared by the City in order
to make a recommendation on the method of rehabilitation for the stormwater system
Task 3 - Prepare Design Report
The Engineer will prepare a preliminary design report from the survey and geotechnical data
collected in the field and a review of the existing utilities. This design report will determine how
the stormwater collection system is to be rehabilitated, where a wastewater pump station is to be
located, ff required, or where the gravity system will discharge to the sanitary system along Coral
Trace Boulevard, if possible. The report will also include the type and size of water mains to be
designed along with their proposed location.
Task 4 - Prepare Drawings
The Engineer will prepare the drawings required to complete the design of the water distn~bution
system, wastewater collection system, wastewater pump station, storm drain rehabilitation, and
paving and drainage for the Breezy Ridge Estates Neighborhood Improvement project. The
drawings will include a cover sheet, legends, details, overall site plan, plan view of utility
improvements, profile for the water system and gravity sewer, plan view for roadway improvements,
and details of the utility construction, cross-sections, striping plans, street signs, and other details
required to complete the project in accordance with the City of Delray Beach standards. There is a
total of 25 sheets anticipated to be included in this project.
Task 5 - Prepare Specifications
The Engineer will prepare a set of technical specifications for the required construction of these
neighborhood improvements. A copy of the Contract Documents will be prepared for the
construction of these neighborhood improvements. The Contract portion of these Contract
Documents will be provided by the City of De[ray Beach. These documents will be edited by the
Engineer. The technical specifications will be prepared in the Construction Specification Institute
format.
Task 6 - Submit and Review with City
The Engineer will submit the design report and drawings to the City for reviews at the completion
of the design report and at the 50% and 90% completion stages of design. These three review
meetings will be held with all parties present and the review win take place at the time of the
meeting. Two hours of meeting time has been set aside for each of these three meetings.
Task 7 - Permit Preparation
The Engineer win prepare permit documents for signature by the City as the Owner and for submittal
to the various regulatory agencies having jurisdiction over this project. The Engineer will follow
through to be sure the required permits are obtained. The permits anticipated for this project include
the Florida Department of Environmental Protection, Palm Beach County Public Health Unit,
poss~ly the Florida Department of Transportation and poss~ly the Lake Worth Drainage District.
Task 8 - Bidding and Recommendation of Award
The Engineer will provide services for the preparation of any Addenda required from contractor
comments and questions provided to us by the City. Eckler Engineering will also provide an
electronic and hard copy of the drawings and specifications for preparation of the bidding and
Contract Documents by the City. The Engineer will review the contractor bids and recommend the
award of the Contract to the lowest, respons~le, responsive bidder. The Engineer will provide the
City with a complete bid tabulation in Excel format.
CONSTRUCTION PHASE
There are no construction services to be provided by the Engineer under this Work Authorization.
If these services are required, the Engineer can provide them on an hourly rate plus direct expenses
basis. The payment for these services will come from the comingency item in the proposal.
DATA OR ASSISTANCE PROVIDED BY THE CITY
As a part of this Service Authorization, the CITY shall:
1. Provide a video tape of the existing storm drain system
2. Assist in locating the best possible outlet for discharge of the sanitary sewer.
3. Obtain any necessary easements from easement descriptions provided by the Engineer.
4. Pay all permit fees.
5. Pay all Florida Power & Light fees for electrical service which will be required at the
pump station.
6. Field locate and mark water meters and water valves within the subdivision and mark the
poss~le locations for discharge of the sanitary sewer in the vicinity of Coral Trace
Boulevard.
7. Assist with the location of sewer cleanouts at each house.
III. BUDGET
This proposal is made in accordance with Article VII - Compensation, Paragraph A, Method 2 -
TIMES CHARGES, NOT TO EXCEED BUDGETED AMOUNT, Page 17 of the AGREEMENT.
The budgeted amount is $40,000.
IV. COMPLETION DATE
The design of these neighborhood improvements will be completed so that the project can be
advertised for bid about May 10, 2000. This is assuming that the Agreement will be authorized on
February 1, 2000.
Approved by:
CITY OF DELRAY BEACH:
Date
Signature
Print Name
Title
Attest
Approved as to legal Sufficiency
and Form
ECKLER ENGINEERING, INC.
Date !/Zl/t::~
Donald A. Eclder, President
Wimess
CORPORATE ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instnnnent was acknowledged before me this c:~/ day of~ff/'fZ/~'/"~--/'
/
2000 by Donald A. Eckler , President, of Eckler Engineering, Inc., a Florida corporation,
on behalf of the corporation. He is personally known to me and did not take an oath.
Sig~a~re of Person Taking Acknowledgment
Linda C. Fracasso
Name of Acknowledger Typed, Printed or Stamped
OFHCIAL NOTARY SF_akL
LaVNrDA C FRAGAK.c,O
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC63~95
MY~ISSION EXP. MAY 1,2~I
CITY OF DELRAY BEACH
BREEZY RIDGE ESTATES NEIGHBORttOOD IMPROVEMENTS
PROJECT COST BREAKDOWN
DATE: January 20, 2000
L DESIGNPHASE
ITEM DESCRIPTION TITL~ .... ' HoI~S ' ~TE~ ' AMOUNT ~¥ALUE"
TASK 1 AMINISTRATION
PRINCIPAL $8.00 $43.00 $344.00
ENGINEER 7 $8.00 $34.00 $272.00
ENGINEER I $0.00 $18.50 $0.00
TECHNICIAN 3 $0.00 $21.00 $0.00
SECRETARY $4.00 $17.25 $69.00
SUB-TOTAL $685.00
TASK 2 FEILD VISIT/COLLECT AND REVIEW DATA
PRINCIPAL $0.00 $43.00 $0.00
, ENGINEER 7 $6.00 $34.00 $204.00
[ENGINEER 1 $6.00 $18.50 $111.00
TECHNICIAN 3 $0.00 $21.00 $0.00
SECRETARY $2.00 $17.25 $34.50
SUB=TOTAL $349.50
TASK 3 PREPARE DESIGN REPORT
PRINCIPAL $8.00 $43.00 $344.00
ENGINEER 7 $8.00 $34.00 $272.00
!ENGINEER 1 $32.00 $18.50 $592.00
!TECHNICIAN 3 $40.00 $21.00 $840.00
I SECRETARY $8.00 $17.25 $138.00
SUB-TOTAL $27186.00
TASK 4 PREPARE DRAWINGS
I pRINCIPAL $8.00 $43.00 $344.00
[ENGINEER 7 $8.00 $34.00 $272.00
ENGINEER 1 $32.00 $18.50 $592.00
.'~. CHNICIAN 3 $132.00 $21.00 $2~772.00
SECRETARY $4,00 $17.25 $69.00
SUB-TOTAL $4~049.00
TASK 5 PREPARE SPECIFICATIONS
PRINCIPAL $4.00 $43.00 $172.00
ENGINEER 7 $12.00 $34.00 $408.00
ENGINEER 1 $24.00 $18.50 $444.00
TECHNICIAN 3 $2.00 $21.00 $42.00
SECRETARY $24.00 $17.25 $414.00
SUB-TOTAL $1~480.00
Page 1 of 3
ITEM DESCRIPTION TITLE' HOURS RATE AMOUNT VALUE
TASK 6 SUBMIT AND REVIEW WITH CITY (3 Meetings)
PRINCIPAL $1.00 $43.00 $43.00
ENGINEER 7 $12.00 $34.00 $408.00
ENGINEER 1 $0.00 $18.50 $0.00
TECHNICIAN 3 $0.00 $21.00 $0.00
SECRETARY $2.00 $17.25 $34.50
SUB-TOTAL $485.50
TASK 7 PERMIT PREPARATION
PRINCIPAL $1.00 $43.00 $43.00
ENGINEER 7 $4.00 $34.00 $136.00
ENGINEER I $16.00 $18.50 $296.00
TECHNICIAN 3 $2.00 $21.00 $42.00
SECRETARY $6.00 $17.25 $103.50
SUB-TOTAL 5620.50
I~ASK 8 BIDDING AND RECOMMENDATION OF AWARD
PRINCIPAL $1.00 $43.00 $43.00
ENGINEER 7 $8.00 $34.00 $272.00
ENGINEER 1 $0.00 $18.50 $0.00
TECHNICIAN 3 $0.00 $21.00 $0.00
SECRETARY $4.00 $17.25 $69.00
SUB-TOTAL $384.00
:SUB ~.:TOTAL EABOR:~ .('R~.'WSL~OR *: 3;0) =?...~ ?~?·. ~.~'2"$30;7-18;50 '.... ...
II. REIMBURSIBLE EXPENSES
~., .~-. ,~ .... ~ ..... ~-,~, ~.~ ~,~ [. ~.,. NO.'OF ¥- -,COSTPER ..... --TOTAL
$1.00 ~PRODUC~ON LS $0.00 $0.00 $0.00
52.00 PHOTOCOP~S EA $800.00 $0.20 $160.00
53.00 ~LEPHO~ LS $1.00 $50.00 550.00
$4.00 POSTAGE LS $1.00 550.00 550.00
,55.00 PLO~G
llXl7 I EA I $100.00 ] $3.00 I $300.00
$6.00 ~L
~LEAGE EA $300.00 $0.31 $93.00
TOLLS EA $6.00 $1.50 $9.00
$7.00 S~CONS~T~TS
S~~G LS $1.00 $6~450.00 $6~450.00
ELEC~C~ LS $1.00 $2~ 120.00 $2,120.00
GEO~C~C~ LS $1.00 $1 ~000.00 $1,000.00
~:g~OT~
Page 2 of 3
IlL CONTINGENCY
EXPENSE ~ - .... :':- ":'~:'";' ' ,' ,'-:; - '.' ' ' '~ '- ;- ' ~,, :- -~ NO; OF. ':' COST PER'.' , .~OTAL
ITEM EXPENSE TYPE " "UNIT ~' ~ ':' UNIT COST
$1.00 CONTINGENCY LS $1.00 $10~000.00 $10~000.00
SUB - TOTAL COI~INGENCY $10~000.00
III. SUMMARY
I. DESIGN, PEr--G, B~D~G SER~CES $30,718.50
II. ~~LE E~SES $9,232.~
III. CO~G~ $I0,~0.~
PRO. CT TOT~~- ~' ~ ...... t~ ..... $$0~000100~
Page 3 of 3
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~r. )=:r. - REGULAR MEETING OF FEBRUARY 1, 2000
DATE:
SERVICE AUTHORIZATION #4/ROBERT G. CURRIE PARTNERSHIP
(MAINTENANCE SHOP ADDITION)
JANUARY 27, 2000
This is before the City Commission to approve Service Authorization #4 in the total mount of
$7,350.00 with Robert G. Currie Parmership for consulting services required for the design and
approval of an addition to the Maintenance Division building. The total cost mcludes a lump sum fee
of $7,250 plus $100.00 for reimbursable expenses.
The project consists of preparation of perrmt and construcuon documents for an additional 912
square feet to the existing Maintenance building located at 434 South Swinton Avenue. I realize the
dollar amount involved does not require City Comrmsslon approval. However, I wanted to make you
aware of this project.
Funding will be from 441-5161-536-62.10 (W&S Capital Outlay - Buildings).
Recommend approval of Service Authorization #4 with Robert G. Currie Partnership for the
Maintenance Division bmlding ad&tion.
RefiAgmemol 6.ServiceAuth #4 Cume Partnership. Maintenance Bldg. Adchtion
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
C. Danvers Beatty, P.E. U
Deputy Director of Public
January 24, 2000
Maintenance Shop Addition
Project Number 2000-051
Attached is Service Authorization No. 4 to Robert G. Currie Partnership for services
required for design and approval of the maintenance shop building addition. The total
amount of Service Authorization No. 4 is $7,350.00. Attached is a Budget Transfer from
the City Manager Contingency Fund to Account No. 441-5161-536-62.10 to provide
funding for this portion of the project.
After your review and approval, please sign the attached service authorizations and
return to our office for further processing. Please call if you have any questions. Thank
you.
cc: Richard C. Hasko, P.E., Director of Environmental Services
U'\wwdata~Vlemo~Project 2000-051 doc
ROBERT G. CURRIE PARTNERSHIP
Architects, Planners & Interior Designers AA000~71
Robert G. Currie, AIA
Jess M. Sowards, ALS.
ROBERT G. CURRIE PARTNEI~HIP, INC
CONSULTING SERVICE AUTHORIZATION
DATE: Janua~ 10. 2000
SERVICE AUTHORIZATION NO. Four (4-) FOR CONSULTING SERVICES
CITY P. O. NUMBER: CITY' EXPENSE CODE:
TITLE: Environmen~al 5ervl~e~ Department, - Maint, erm~ Divi~lon Add.on
This Service Authorization, when ¢~_,ct. rr, e~, shall be incorl~rated in and shall become an inl;cgral
part of the Agreement dated March 29, 1996, between the City of Delray Beach and The
Robert G. CurHe Partnership, Inc.
PROJECT DEeP. ON
The project consists of preparation of permit and construction documents for an
additional 912 square feet to the existing Maintenance Division building, located at 434
South Swinton Avenue.
II
f:~T, OP'E OF 5ERVICE,~
The following scope of se~ices has been developed in accordance with the Agreement for
Architectural Services.
1. Preliminary lay-out for client review and approval, based on drawing
prepared by ESD.
2. Submittal to the City for administrative review for site plan approval.
SPRAB review Type I.
3. Preparation of permit and construction documents ( architectural,
structural, electrical, and mechanical) from approved lay-out
4. Assistance during the permit review.
5. Limited Construction Administration (four hours maximum).
6. Not included in this Service Authorization are landscaping, plumbing, and
Civil engineering.
!11
,p. UD~ET
These services will be provided on a lump fee of Seven Thousand Two Hundred and Fifty
($7.250.00) dollars.
Reimbursable expenses are expected to be no more than one hundred ($100.00) dollars,
which will not be exceeded without prior authorization.
C0MPLEnON DATE
Completion of Construction Documents will be within forty five (45) days following
receipt of executed copy of this Service Authorization from the City.
134 Northeast Ist Avenue, Delray Beach, Florida 33444 Telephone: (561) 276-4951 Facsmilie: (561) 243-8184
E-maih rcpse@aol.com
This Service Authorization is approved contingent upon the City's acceptance of and
satisfaction with the completion of services rendered in the previous phase or as encompassed
by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the
service provided in the previous phase or Service Authorization, the City may terminate the
Contract without incurring any further liability. The CONSULTANT may not commence work on
any Service Authorization approved by the City to be included as part of the Contract without
a further notice to proceed.
Approved
CITY OF DELRAY BEACH
David T. Harden, City Manager
Attest:
ROBERT G. CURRIE PARTNERSHIP, INC.
Roberl G. C-~rri~, Part, net~-'~
Witness J ' '-' ' *
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following instrument was acknowledged
Before me this I~1 Day of ~J~,/~e~,
2000, by Robert G. Currie of The Robert G.
Currie Part, nership, Inc.. a professional
Association. He is personally known to me
And did not take an oath.
My Commission Expires:
'OFFICIAL SEAL'
Crystal Kauffman
My Commission Expires 2/19/200~EA L
Commission ~::;C 5,33733
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
CCi
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
Utility Maintenance Division Expansion
December 27, 1999
Dan Beatty, P.E., Deputy Director Public Utilities
Attached is a memo from Dan Beatty and a copy of a proposed expansion to the Utility
Maintenance Facility at the Environmental Services Complex. As outlined in Dan's
memo, over the years since its creation as a unified division, Utility Maintenance has
implemented technological advances in both water treatment and storage and wastewater
transmission and pumping operation and maintenance facilities. While these updates and
system enhancements have resulted in significant benefits to our customers, they have, of
necessity, required an evolution of the Maintenance Division toward more electronic
oriented maintenance activities. ¥9~hile the traditional mechanical equipment
maintenance operations remain as a staple in divisional activities, the addition of
computerized electronic systems controls have created a demand not only for
maintenance personnel with the appropriate fields of expertise, but also for a more
controlled environment in which to conduct the necessary maintenance activities due to
the sensitive nature of the electronic equipment.
The facility expansion proposed as attached will provide the appropriate environment for
current and future electronic maintenance tasks as well as relieving the cramped
condition under which the division currently operates. Accommodations will also
include enhanced employee rest areas and facilities as well as a sorely needed expansion
of administrative space for management and supervisory staff. We are examining the
current year Renewal & Replacement Fund for possible available money to accommodate
this project. If funding cannot be found this year, we would like to program this project
in the 2000/2001 capital plan.
When you have had an opportunity to review the attached proposal, my staff and I would
like to meet with you and discuss its merits.
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N
D
U
M
TO:
FROM:
DATE:
SUBJECT:
Richard C. Hasko, P.E.
Director of ESD
C. Danvers Beatty, P.~
Deputy Director of Pubtfc Utilities
December 21, 1999
Expansion of Maintenance Shop
In May of 1990 the Water Treatment Plant Maintenance Division was merged with Lift-Station
Maintenance and relocated to the shop area west of the Fuel Island at the ESD Complex. Since
that time our preventative maintenance program has expanded greatly as well as our
electronic/telemetry surveillance capabilities. As a result, this Division has become
increasingly cramped for workspace involving a variety of different requirements. There is no
specifically dedicated work area for sophisticated electrical and instrumentation repair nor is
there space within the existing shop area to be dedicated. The proposed expansion of the
Maintenance Shop will provide a well-planned facility to accommodate administrative,
electrical, computer, telemetry and mechanical needs. The following are additional benefits:
An area for the Instrument Technician and the Generator Technician will be created
allowing them to work on sensitive electronic equipment and create programs for complete
record keeping, along with other field related paper work.
· An area would be dedicated for the main frame computer (HyperTAC) and fiber optics,
allowing for a controlled environment.
· Workbenches would be set up for the oscilloscope, spectrum analyzer, and other electronic
test equipment.
· Movable workbenches in a controlled environment would allow the ability to increase the
in-house repair of electronic and telemetry equipment.
· An area will be set up for the storage of PLC's, telemetry cards, electronic meters and other
items which require a clean relative dust free environment. ,
· By relocating the staff assistant to the front office, the manager will not be continually
interrupted by walk in visitors.
U'WIemos~RHasko122199-01.doc
Richard C. Hasko, P.E.
Director of ESD
December 21, 1999
Page 2
· The proposed new manager's office will allow for private and group meetings of up to six
(6) people.
· The creation of the two (2) Supervisor's offices will allow privacy for one-to-one
evaluations, counseling, training, and job instructions.
· Additional space in the existing shop which is needed for motor and pump rebuilding, etc.
· Create a break room environment free of sewage, grease, oil and chemical odors.
By creating a break room, all of the associated machines, i.e., refrigerator, coke, candy,
microwaves, and coffee machines will be relocated from the shop area, thereby increasing
the available work area.
The estimated budget for the proposed expansion including design, construction office/furniture
and shop equipment is $120,000.00. This estimate is based on current market prices for small
construction projects. One scenario which may reduce the cost would be to include this project
with another project such as the Parks Maintenance Shop expansion.
U'~Vlemos~RHasko 122199-01 doc
S,W, 3RD AVENUE
PARKS AND
RECREATION
~UIL~ING
PROPOSED FUTURE /
IMPOUNDED VEHICLE
STORAGE LOT
I
-- I
TRUCK BUILDING
WASH # 3
Z
RECEIVING
OPERATIONS BUILDING
GARAGE
ti'
I~G 7
City of Delray Beach
Environmental Services Department Complex
SITE PLAN
CE SHELVES
4ACHINE
I WORKBENC,
~ [ .... il ~_~E?_ j
~ABLE
SAW
MOVABLE
WORKBENCH
STORAGE SHELVES
CLOSET
EXIS~NG WINDOWS
AND RELOCATE.
B'-2"X6'-O"
NEW
,HYPERTAC
CENTRAL
RECEPIlON/
EAD-/
STAFF ASST AREA
NEW PASSAGES AS PER
EXIS~NG DIMENSIONS
4'X8' W/ HURRICANESHUT
L ~ STORAGE ~/RELOCATEO
10'-10"X10'-10"
SUPV. 6'-4"X6'-4" g'XB' IIIitl
/
NEW 8' C B Vi/ STUCCO-"
FINISH TO MATCH EXISLNG
BUILDING
10'-10"X10'-10"
SUPV
OFF{ CE
LRELOCATEO WINDOW
HURRICANE SHUI-[ERS
NEW WINDOWS
SHUTTERS TO MATCH EXISTING
38'_0'
PROdE~CT NO
MAINTENANCE BUILDINO ADDITION 99-200
ENVIROMENTAL SERVICES .S~:T ~o
CiTY OF DELRAY BEACH 2 oF 2
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~]/bI
AGENDA ITEM ~' ~" - REGULAR MEETING OF FEBRUARY 1, 2000
SERVICE AUTHORIZATION #4/PROFESSIONAL ENGINEERING
CONSULTANTS (BARRIER ISLAND REUSE PROGRAM)
JANUARY 26, 2000
This is before the City Comrmss~on to approve Service Authorization #4 in the amount of $23,925.00
with Professional Engineering Consultants (PEC) for consulting services to determine the economic
feasibility of umplementmg a wastewater reuse program for provismn of ~rrigatton water to the barrier
island and selected roes west of the Intracoastal Waterway.
PEC's study will incorporate system design concepts unexplored in previous smd/es, such as use of an
existing Intracoastal Waterway crossing to enable the treatment facility to be sxted west of the
Waterway. Fmancxal impacts wxth respect to current potable water revenues versus potential reuse
revenues and treatment costs will also be considered.
Funding will be from 441-5111-536-31.90 (W&S Admimstration - Other Professional Services).
Recommend approval of Service Authorizatton #4 with Professional Engineering Consultants (PEC)
in conjuncuon w~th the barrier island reuse program.
RefiAgmemol 6.Serv~ceAuth #4 PEC.Barner Island Reuse Program
AGENDA ITEM NUMBER: ~. ~'-
Request to be placed on:
X
AGENDA REQUEST
Regular Agenda
Special Agenda
Workshop Agenda
Date: January 24, 2000
When: February 1, 2000
Description of agenda item (who, what, where, how much): Staff requests Commission approval of
Service Authorization No. 4 for Professional Engineering Consultants (PEC) in the amount of $ 23,925 for
provision of consulting services regarding determination of the economic feasibility of implementing a
wastewater reuse program for provision of irrigation water to the barrier island and selected facilities west of
the Intracoastal Waterway (ICWW). This study will incorporate system design concepts unexplored in previous
studies, such as use of an existing ICWW crossing to enable the treatment facility to be sited west of the
ICVVW. Financial impacts regarding current potable water revenues vs. potential reuse revenues and
treatment costs will be considered. Funding for this study will be provided from acct. # 441-5111-536-31.90,
Other Professional Services (budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES
NO X DRAFT ATTACHED: YES NO X
Recommendation: Staff recom_.,mends approval of Serv, ic~Authorization No. 4 to PEC
Department Head Signature: , /_ ~ ~-(~ o
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 i,/' No
Funding alternatives:
Account Number: ,~z/_,.~, / / / ~,3 ~ - ,3 J. ~ O
Account Description: ~¢~' ~'~5~I D /) D' / ~r~/ c ~
Account Balance: ~~ ~/. ~/¢~ ~
City Manager Review: ~~g~ ~ ~;
Approved for agenda No _
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved
Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
Richard C. Hasko, P.E., Director of Environmental Services
Barrier Island Reuse Program
January 24, 2000
Attached is an agenda request and a copy of service authorization #4 for Professional
Engineering Consultants (PEC), for provision of consulting services in conjunction with
the proposal for a wastewater reuse program to service the barrier island for irrigation.
Scope of services for this contract includes the modification of prior reports and study
conclusions to consider the use of a 16" intracoastal pipe crossing to allow a reuse filter
facility to be sited west of the intracoastal waterway rather than on the barrier island. The
report will be updated to consider all of the alternative conceptual modifications resulting
from the more westerly plant site.
In addition, PEC will perform a financial analysis of the proposal taking into account
potential impacts on utility revenues by the provision of reuse water in lieu of potable
water to the barrier island for irrigation. The purpose of this update is primarily an
attempt to establish the financial viability of the project and to provide City Commission
with sufficient reliable information to decide to either pursue the project or reject it as
economically unfeasible.
The total proposal for this update is $23,925.00, with funding available in Administration
account #441-5111-536-31.90 (budget transfer attached). Please place this item on the
February 1 City Commission agenda for consideration.
/rch
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION NO. 4
DATE:
SERVICE AUTHORIZATION NO.
CITY P.O. NO. -
PROJECT NO.:
4 FOR CONSULTING SERVICES
CITY EXPENSE CODE
CITY OF DELRAY BEACH PEC DB-16
TITLE: UPDATE AND EXPANSION OF THE BEACH AREA RECLAIMED WATER SYSTEM
FEASIBILITY STUDY
This service authorization, when executed, shall be incorporated in and shall become an integral part
of the Contract, dated May 9, 1995, by and between the City of Delray Beach and PEC.
PROJECT DF_~CRIPTION
Development of a reclaimed water report to determine the feasibility of a reclaimed water system
utilizing an existing 16-inch subaqucous pipeline crossing the Intercoastal Waterway.
SCOPE OF SERVICES
Please refer to the attached proposal, Proposal No. P-9292R2 for the scope of services.
BUDGET
The a~ve Scope of Services will be completed on an hourly not-to-exceed basis, at our hourly rotes
with a not -to-exceed amount of $23,925. Refer also to the attached proposal, Proposal No. P-
9292R2.
COMPLETION DATE
These services will be completed within 90 days after receipt of the written notice to proceed.
-1- DB16CSA4
engineers
planners
surveyors
PEC
PROFESSIONAL
ENGINEERING CONSULTANTS, INC.
January 11, 2000
P-9292R2
MK-04
Mr. Dick Hasko, P.E.
Environmental Services Director
City of Delray Beach
100 N.W. 1st Avenud
Delray Beach, Florida 33444
Proposal to Update and Expand the
"Beach Area Reclaimed Water System Feasibility Study"
Dear Mr. Hasko:
Professional Engineering Consultants, Inc. (PEC) is pleased to present a proposal to update
and expand the "Beach Area Reclaimed Water System Feasibility Study" completed by
PEC (February 96).
The purpose of updating and expanding the existing reclaimed water study is to evaluate
the feasibility of using an existing and abandoned 16-inch subaqueous pipeline crossing of
the Intercoastal Waterway (ICW) as an integral component of the proposed reclaimed
water system. The possibility of using the existing 16-inch crossing of the ICW has
expanded the options for the location of a new treatment and storage facility west of the
ICW. A new treatment and storage facility would consist of filtration systems, high level
disinfection and reclaimed water storage of 1.0 - 1.25 million gallons (MG). The new
treatment and storage facility is mandatory to achieve public-access standards necessary
to implement a reclaimed water system.
The potential of locating the new reclaimed water treatment and storage facility west of
the ICW has changed the overall goals and alternatives evaluation contained in the "1996
Beach Area Reclaimed Study." By locating the new reclaimed treatment and storage
facility west of the ICW, the cost assumptions concerning the price of available land has
significantly changed (decreased) and the goal of supplying reclaimed water only to the
beach area has changed to allow an evaluation of supplying reclaimed water to the beach
area and numerous selected sites west of the ICW.
The Scope of Services for this project and the corresponding man-hours are provided in
Attachment A. The associated cost estimate is provided in Attachment B.
"Eng/neenn¢ Our Commumty"
200 East Robinson Street · Suite 1560 · Orlando, FIonda 32801 . 407/422-8062 · FAX 407/849-9401
Mr. Dick Hasko, P.E.
January 11, 2000
Page 2
P-9292R2
MK-04
PEC proposes to complete the "Update and Expansion of the Beach Area Reclaimed Water
System Feasibility Study' within ninety (90) days of the written Notice to Proceed for a
lump sum of $23,925. We will present the report to City staff for review and comment
and make a presentation to the City Commission for their consideration.
Very taffy yours,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Principal
KRH/cs
G:\...kPRO99~P-9292R2
Enclosures: (1) Attachment A - Maa-hour Estimates
(2) Attachment B - Engineering Cost Estima~,s
cc:
Tom Kelley, P.E., PEC
Arthur R. Austin, P.E., PEC
Kathleen N. Gierok, P.E., PEC
Mr. Dick Hasko, P.E.
January 11, 2000
Page 3
ATTACItl~E~ "A" - MAN-HOUR ESTIMATES
Task Description / Labor Classification / Hours
No Scope of Services
TASK A- IDENTIFICATION O1~ POTENTIAL SITES I~OR LOCATION OF
T AT NT STORAaE FAc rr
1 Due to potential use of existing 16-inch ICW crossing, additional evaluatio~ of 2 2 2' 0 0 0 6
alternative sites must be reviewed west of ICW.
2 Planning level review of possibilitie~ relating to cost, access, public acceptance, 5 8 8 0 0 0 21
system hydraulics, and schedule.
3 Develop map of all potential sites.' 1 "8 4 0 8 0 21
4 Provide recommendation of site for treatment and storage facility. 1 2 ' 2 0 0 2 7
ITASK B - PROVIDE INVENTORY OF POSSIBLE RECLAIMED WATER
!USERS WEST OF ICW
1 IdentifY possible users (sites). 1 2 0 0 0 0 3
~' Develop reclaimed water flow estimates. 0
3 Provide map of potential sites. 0 4 0 0 8 0 12
TASK C - UPDATE MODELING OF PROPOSED RECLAIMED WATER 1 8 8 0 4 ~" 21
[DISTRIBUTION SYSTEM CONNECTING NEW TREATMENT AND
STORAGE FACILITY TO USER SITES
TASK D DEVELOP FINANCIAL INFORMATION CONCERNINGi
RECLAIMED WATER SYSTEM
1 Cost estimates for total reclaimed water system. 5 5 0 15 0 2 '27
2 Define reclaimed water rate alternatives. 1 8 8 0 0 1 18
3 IdentifY impact related to potable water revenue loss. 0 1 1 0 0 0 2
~ .... T'ASK E - OETERMXNE nV~PACT OF TI~ PROPOSEO RECLAnVmb 4 ~6 '8 0 0 2 3o
WATER SYSTEM RELATED TO THE CITY'S CONSUMPTIVE USE
PERMIT ISSUED BY THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT
TASK F - DESCRIBE POTENTIAL ENVIRONMENTAL BENEFITS DUE TO 1 2 2 0 0 1 6
IMPLEMENTATION OF PROPOSED RECLAIMED WATER PROGRAM.
TASK G - REPOR~
I Develop Report presenting findings. 10 40 20 0 10 20 100
2 Meet with City at 60 % for review comments. 4 4 0 0 0 1 9
3 Submit review copies' o~ Report at 60 % and 9(~'%.
4 Submit ten (10) copies of Report at 100% completion. 1 3 0 0 0 3 7
Mr. Dick Hasko, P.E.
January 11, 2000
Page 4
MK-04
ATTACHMENT "A" - MAN-HOUR ESTIMATES
Task Description / Labor Classification / Hours
No Scope of Services ~.M. Sr. E.' Eagr.Tech. CAD ~ To~l
TASK H - PRESENT FINDINGS TO C~TY COMMISSION AND STAFF. 10 10 0 10 0 $ 35
,I
........................ T'crrXCTASKA-H 48 130 (~3 25' J0 ~3' 339
Mr. Dick Hasko, P.E.
January 11, 2000
Page 5
P-9292R~
MK-04
ATTACTIMF~NT "B" - COST ESTIMATES
LABOR CLASS
Hourly
Rate
' TASK I TASK { TASK I TASK } TASK { TAsK [ TASK [ TASKI
TOTAL LABOR
HOURS COST
Direct Labor
Project Manager $110.00 '"9 I I ' ' 6 4 I 16 4 42 $4,62t
Senior Engineer $80.00 20 7 8 14 "16 2 53 4 124 $9,920
Er~gineer $60.00 16 ' 0 8 9 8 2 20 0 63 $3,780,
Technician $55.00 0 0 0 15 0 0 0 0 15 $825'
CADD $50.00 '8 8 4 0 0 0 10 0 30 $1,500
Word Pmceasor $40.00 2 0 0 3 2 1 30 1 39 $1,560
Sub-Total Hou~ 55 16 21 47 30 6 129 9 313'
Sub-TotalI.~bor '$4,030 Sl,070 $1,430 $3,265 S2,2S0 $430 $8,900 S800 $22,205.
Avg. HrlyRate $73.27 $66.~8 $68.10 $69.47 $76.00 $71.67 $68.99 $88.89
Sub-Total Ext. Associates $0 $0 ' $0 $0 $0 $0 $0 $0 $0
Other Direct
Reproduction / Printing $0 $0 $0 $0 $0 $0 $500 $0 ' $50~
Computer Support / Plotting ' $0 $100 '$0 $0 $0 $0' $200 $0 $300
Telephonc $5 $5 $5 $5 $5 $5 '$~ $5 $40
Mileage $0 $0 $0 $0 $0 $0 $400 $400 $800
Postage $5 $5 $5 $5 $5 $5 $5 $5 $40
Fax $5 $5 $5 $5 $5 $5' $5 $5 $40
Sub-Total ODC $15 $115 $15 $15 $15 $15' $1,115 $415 $1,72G
Total Costs
Tota, Co,~Is4,o451s1.~,5 1 s~,4~51 s3,:~801 s:~.~'~ I $*,5 Is~0,0151 s~,215 1 I s:~,9251
CONSULTING SERVICE .AUTHORIZATION NO, 4
(Cont'd)
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the
completion of the services rendered in the previous phase or as encompassed by the previous service
authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase
or service authorization, the City may terminate the contract without incurring any further liability.
APPROVED BY THE CITY OF DELRAY BEACH, This Day of
CITY OF DELRAY BEACH, a municipal corporation of the STATE OF FLORIDA
By:
Attest:
Mayor
Approved as to Legal Sufficiency and Form by:
City Attorney
Kenneth R. Hooper
(Type or Print)
Vice-President
(Title)
(Corporate Seal)
INC., This Day of
STATE OF Florida
COUNTY OF Orange
,2O
The foregoing instrument was acknowledged before
me by Kenneth R. Hooper a duly authorized officer
of Professional Engineering Consultants, Inc., a
Florida corporation, on behalf of the Corporation and
said person executed the same free and voluntarily
for the purposes therein expressed. He/~h¢ is
personally known to me (o~- ha~ t)iod~c~d
identification) and did not (did) take an oath.
WITNESS my hand and seal in the County and
State aforesaid this .... day of ,20
Notary Public
State of Florida
Mary K. Hayes
My Commission Expires:
(NOTARY SEAL)
-2- DB16CSA4 (ol/ll/oo)
CONSULTING SERVICE AUTHORIZATION NO. 4
(Cont'd)
Approved by:
PROFESSIONAL ENGINEERING
CONSULTANTS, INC.
Type or Print
'
THE CITY OF DELRAY BEACH
DAY OF ,20
CITY OF DELRAY BEACH, a municipal corporation of
the STATE OF FLORIDA
BY:
MAYOR
Witness:
Witness:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before mc
this __ day of . ,
20 by
(name of officer or agent, title of officer or agent), of_
(name of corporation acknowledging), a
(state or place of incorporation)
corporation, on behalf of the corporation. He/She is
(personally known to me) (or has produced
identification)
(type of identification)
(as identification) and (did/did noO take an oath.
(Notary Public)
My Commission Expires:
-3- DB16CSA4 (ot/~/oo)
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: bo.~ CITY MANAGER
O
SUBJECT: AGENDA ITEM ~. ~. - REGULAR MEETING OF FEBRUARY 1, 2000
SERVICE AUTHORIZATION #1/PROFESSIONAL ENGINEERING
CONSULTANTS (N.W. 18TM AVENUE & MARTY FLADELL DRIVE)
DATE:
JANUARY 26, 2000
This is before the City Commission to approve Service Authorization #1 m the mount of
$131,540.00 with Professional Engineering Consultants (PEC) for consulting services on the
preliminary and final design phases for improvements on N.W. 18th Avenue and Marty Fladell Drive.
The improvements will include installation of new sanitary sewer (e.g. gravity main and manholes),
drainage improvements, water main upgrades, tie-ins and stub-outs, roadway reconstrucuon and
resurfacing at N.W. 18th Avenue and Marty Fladell Drive, and construcuon of N.W. 18m Avenue.
Funding will be from 448-5470-538-65.47 (Stormwater Utdtty - NW 18t~ Avenue/Marty Fladell
Drive).
Recommend approval of Service Authorizauon #1 with Professional Engineering Consultants (PEC)
for N.W. 18~ Avenue/Marty Fladell Drive.
RefiAgrnemol 6.ServiceAuth.#1 PEC NW 18 Ave. Fladell Dr
Agenda Item No. ~'./~.
AGENDA REQUEST
Date: Jan. 26, 2000
Request to be placed on:
X
Regular Agenda
Special Agenda
Workshop Agenda
When: Feb. 1, 2000
Description of item (who, what, where, how much): Commission approval/authorization for
Ma},or to execute Service Authorization # 1 with Professional Engineering Consultants, Inc. This
Service Authorization covers the Preliminary and Final Design Phases for improvements on NW
18t~ Avenue and Mart}, Fladell Drive. These improvements include: installation of new sanitary
sewer (e.g. gravity main and manholes), drainage improvements, water main upgrades, tie-ins
and stub-outs, roadway reconstruction/resurfacing on NW 18th Avenue and Marry Fladell Drive,
construction of NW 18th Avenue. Total cost for this Service Authorization is $131,540.00.
Funding is available from account # 448-5470-538-65.47.
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval/authorization of Service Authorization # 1 with
Professional Engineering Consultants, Inc.
Department head signature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)i
Budget Director Review ~a~l on all items involving expenditure of funds):
Funding available: YES/~O
Funding alternativ'~-~-~ (if applicable)
Account No. & Description 448-5470-538~65.47 (NW 18
Account Balance $131,540.00
City Manager Review: ~.
Approved for agenda: ~__~O~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: s:lengadminlprojects1200010441egenda2-1-OO.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
David T. Harden, City Manager
Barron E. Caronite, P.E., Assistant City Engine~
/ -
January 26, 2000
SUBJECT:
NW 18t' Avenue/Marty Fladell Drive
Project # 2000-044
Commission Agenda Item
Service Authorization # 1 with Professional Engineering Consultants, Inc.
Attached is an agenda item for Commission approval/authorization for the Mayor to execute
Service Authorization # 1 with Professional Engineering Consultants, Inc.
This Service Authorization covers the Preliminary and Final Design Phases for improvements on
NW 18~ Avenue and Marry Fladell Drive.
These improvements include:
· drainage improvements
· construction of NW 18th Avenue
· roadway reconstruction/resurfacing at NW 18th Avenue & Marty Fladell Ddve
· construction of new sanitary sewer (e.g. gravity main and manholes)
· water main upgrades, tie-ins, stub-outs, services, and fire hydrants
The attached map shows the project location.
Total cost for this Service Authorization is $131,540.00.
Funding is available from account # 448-5470-538-65.47
If this meets with your approval, please place this item on the February 1, 2000 Commission
meeting.
enc
cc:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
S:tEngAdmtnV=rojects~2000~2000-O44V-ETTERStagendamemo2-1-O0.doc
CANAL ,
C of DELRAY BEACH LOCA~ON MAP
~~ ~ ~~E~ N.W. 18~ AVE.~AR~ FLADELL DR.
engineers
planners
surveyors
PEC
PROFESSIONAL
ENGINEERING CONSULTANTS, INC.
Sanuary 24, 2000
P-0022/R1
Mr. Barton E. Caronite, P.E.
Assistant City Engineer
City of D~lray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
Proposal for Engineering Services
NW 18th Avenue/Marty Fladell Drive (City Project//2000-044)
Delray Beach, Florida
Dear Mr. Caronite:
Professional Engineering Consultants, Inc. (PEC) is pleased to provide this proposal for the above
referenced project.
BASIC SERVICES
Following is a list of Basic Services we anticipate as necessary to accomplish the work required for
the referenced project.
Land Surveying Services
A. Desi_ma/Loeation Surveys: The following surveying services are to be provided.
Survey will show all platted rights-of-way (including bearing and distances for
centrlines), lot numbers, block numbers, house numbers (if available) and platted
easements.
Survey will show all improvements, physical objects, driveways and significant
landscape (i.e. trees, shrubs) to 25 feet outside of the right-of-way.
All underground utilities will be shown on the survey. Inverts on sanitary and
storm sewers will be indicated, as well as, locations of water valves and meters will
be shown. Responsibility for coordination with Sunshine State Call One Center for
location of other underground utilities is included.
AH topographical surveys will have station established from south to north and west
to east where applicable, including baseline.
Elevations will be indicated every 50 feet, at a minimum, to indicate centerline
grades, edge of pavement grades, and shoulder grades. Intermediate grades will
be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the
right-of-way line and one 25 feet back) will be indicated on the driveways to
indicate direction of grade.
"Engineering Our Community"
200 East Robinson Street · Suite 1560 · Orlando, Florida 32801 · 407/422-8062 · FAX 407/849-9401
Mr. B. Caronite
January 24, 2000
Page 2
P-0022/R1
The survey will include topography of the complete intersection at terminal end of
each street.
Surveys shall be submitted on floppy disk, one vellum copy, and one signed and
sealed print, with a copy of field notes.
o
Boundary survey and topographic information on 50 foot grid of proposed pond
area and location of core borings.
Geotechnical Engineering Services
1. Conduct geotechnical investigations/analysis to include the following:
Prior to the mobilization of drilling equipment, a geotechnical engineer will
visit the site to identify any problem areas and to place boring locations for
subsequent utility clearance and drilling activities.
Perform eight (8) Standard Penetration Test (SPT) borings in accordance
with ASTM D-1586 specifications to a depth of fifteen (15) feet in the area
of the proposed roadway reconstruction.
Perform two (2) 40 foot test borings in the area of the proposed retention
ponds.
do
At the completion of the field work, the soil samples will be returned to the
laboratory for classification criteria. If there is a need for laboratory
testing, prior approval will be obtained before performing any tests.
An Engineering Report will be provided and will contain a description of the
findings and general site preparation recommendations. The report will include
graphic logs of the borings.
It is assumed that the site is accessible to truck mounted drilling equipment, and that
underground utilities will be cleared by others prior to the start of the geoteehnical
field work.
Civil Engineering Services
A. Preliminary. Design Report
1. Preliminary Drainage Information
Investigate and analyze existing drainage system and ouffalls for integrity
and capacity. Existing ouffall information outside the limits of this project
Mr. B. Caronite
January 24, 2000
Page 3
P-0022/R1
will be based on data contained within the City drainage atlas. (City to
complete and pay for all television investigation of piping.)
b. Propose required drainage improvements determined from the analysis.
e. Determine most feasible location of drainage pond (if required).
2. Preliminary Potable Water and Sanitary Sewer Information.
a. Investigate and analyze existing potable water and sanitary sewer piping
systems and associated sewer lift stations for integrity and capacity. (City
to complete and pay for all television investigation of sanitary piping.)
b. Propose required potable water and sanitary sewer system improvements
determined from the analysis.
Final Construction Documents Phase Services: The following engineering services are to
be provided during the Final Construction Documents phase of the project.
1. Preparation of final construction drawings suitable for bidding and construction for
the required roadway improvements. Design services will be provided for, but not
limited to, the following:
a. Pavement evaluation/design
b. Roadway typical sections
e. Roadway paving, grading, and drainage improvements
d. Signing and pavement marking improvements
e. Intersection Details
f. Pond design/details
g. Assistance in acquiring land for proposed drainage pond (if required).
h. Design of sanitary sewer collection system
i. Design of required potable water connections to those adjacent sites not yet
developed and fire hydrants to City's required spacing.
Mr. B. Caronite
January 24, 2000
Page 4
P-0022/R1
Do
Preparation of final design calculations necessary for the design of the subject
roadway, as necessary to demonstrate compliance with design requirements of the
City of Delray Beach, SFWMD and LakeWorth Drainage District, including but
not limited to the storm water management design and calculations.
Coordinate with the survey and geoteehnical subconsultants to obtain topographic
and geographic investigations necessary for the roadway improvements.
4. Preparation of technical specifications as provided by the City.
Conduct meetings with the City staff to review the construction documents at
conceptual, 50% and 90% completion stages.
Prepare an opinion of probable construction costs based on 100% complete
construction documents.
Provide electronic files of 100% Contract Documents in Microsoft Word and
Autodesk/Autocad compatible formats to the City.
Permitting_ Services: The following permits/approvals are anticipated to be required prior
to construction, or in conjunction with the proposed project improvements. Applications for
these permits/approvals will be completed, submitted to the City for execution, and
forwarded to the appropriate regulatory agency for processing. Coordination with the
regulatory agencies will be provided during the permit application review process, and
requests for additional information as related to the engineering easements will be
addressed. Attendance at required meetings will also be performed.
South Horida Water Management District (SFWMD): Environmental Resource
Permit (ERP) Application to allow construction of the project improvements and
associated storm water management system.
2. Lake Worth Drainage District (LWDD): Permit Application.
3. County Connection Permit at Congress Avenue.
Two local Health Department permits for potable water and sanitary sewer
improvements.
Bidding Phase Services:
Prepare project contract documents including City of Delray Beach Standard
Technical Specifications. City of Delray Beach standard from end documents will
be utilized.
2. Assist City with addenda (2 assumed).
Mr. B. Caronite
January 24, 2000
Page 5
P-0022fR1
Review of bid and recommendation of award. Prepare bid tabulation and
completion of Agreement pages of Delray Beach Contract.
BASIS OF PROPOSAL
This proposal is based on the following conditions and assumptions:
1. It is our understanding that the roadway improvements are to include the following:
Reconstruct NW 18th Avenue from Marty Fladell Drive to 500 LF north
of Marry Fladell Drive (500 LF).
bo
Reconstruct Marty Fladell Drive from Congress Avenue to NW 18th
Avenue (460 LF) including storm water system improvements.
Construct NW 18th Avenue (currently unpaved) from 500 LF north of
Marty Fladell Drive to Dr. Carol Krol Way (1,000 LF) including storm
water system improvements.
o
It is assumed that the design of storm water improvements will be limited to one
pond to meet water quality treatment and attenuation requirements for the proposed
improvements. The design of exfiltration systems are not included in this proposal.
The construction documents will require the contractor to be responsible for
preparation, submittal, and approval by the City of a Maintenance of Traffic Plan
for proposed roadway improvements. Preparation of Maintenance of Traffic plans
are not included in this proposal.
It is assumed that the storm water treatment areas will be capable of percolating
storm water runoff without the benefit of underdrains. Design of a ditch underdrain
system is not included in this proposal, but may be provided as an additional
engineering service if determined to be necessary.
This proposal does not include upgrading the existing drainage ouffall along Marry
Fladell Drive to the E4 Canal. Manhours for upgrading this system, if required,
will be negotiated separately.
Construction documents for the proposed roadway improvements shall be prepared
in accordance with abe City of Dekay Beach Minimum Construction Standards and
Specifications, 1999.
7. The following services are not included under this proposal:
a. Engineering services related to the negotiation and contract award.
Mr. B. Caronite
January 24, 2000
Page 6
P-0022/R1
b. Structural engineering designs (e.g., retaining walls, sign foundations).
c. Landscape designs/plans.
d. Non-civil utility engineering design (e.g., irrigation, electrical, gas,
telephone, cable television).
e. Street lighting design.
f. Preparation and/or attendance to public meetings.
g. Contamination assessments.
h. Traffic Analysis including traffic data collection.
i. Wetland Mitigation.
jo
Post design services including shop drawing reviews and response to
RFI's.
8. Surveying services and geotechnical investigations will be performed by
subconsultants to PEC.
ADDITIONAL ENGINEERING SERVICES
Following is a list of Additional Engineering Services that are not included under the Basic
Engineering Services. These services, if required, may be performed upon proper authorization by
the Owner.
Services resulting from significant changes in the general scope, extem or character
of the Project including, but not limited to, changes in size, complexity or character
of construction; and revising previously accepted studies, reports, or design
documents when such revisions are required by the City, changes in laws, rules,
regulations, ordinances, codes or orders enacted subsequent to the preparation of
such studies, reports or documents, or are due to any other causes beyond
Engineer's control.
Providing any type of property surveys or related engineering services needed for
the transfer of interests in real property, except as hereinbefore described under
Land Surveying Services (e.g., parcel area and/or access/drainage/utility/sign
/construction easement surveys or legal descriptions).
Field surveys for staking to enable Contractor(s) to proceed with their work, and/or
providing other special field surveys (e.g., wetland, tree, as-built surveys, etc.).
Mr. B. Caronite
January 24, 2000
Page 7
P-O022/R1
Preparation of permit applicatiom or negotiations with regulatory authorities, other
than those specifically listed to be provided in this proposal.
o
Preparing to serve or serving as a consultant or witness for City in any litgafion,
arbitration or other legal or administrative proceeding involving the project.
Services required due to conditions different from those itemized under Basis of
Proposal or due to events beyond the control of the Engineer.
COMPENSATION
Basic Engineering Services: Engineering services itemized under the Basic
Engineering Services shall be performed on a lump sum basis as indicated below.
Monthly invoicing will be billed on a percent completion basis.
Land Surveying Services (O'Brien, Suiter & O'Brien, Inc.)
A. Design/Location Survey
$ 9,500
Geotechnicai Investigations Services (Nutting Engineers)
A. Investigation/Report
$ 3,690
Civil Engineering Services (PEC)
A. Final Construction Documents/Permitting
$118._350
TOTAL $131,540
Additional Engineering Services: Any engineering services authorized by the City
and performed as an Additional Engineering Service shall be performed on a time-
and-material basis.
Permit Fees: Permitting fees associated with any required permits for the Project
shall be paid by the City.
We appreciate the opportunity to provide this proposal and trust that the information provided herein
is sufficient for your needs. Also, we are prepared to commence work on this assignment as soon
as an agreement for the work is executed.
Mr. B. Caronite
January 24, 2000
Page 8
P-0022/R1
If you have any questions or require additional information, please contact us.
Very truly yours,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Fursan S. Munjed,~P.. '
Associate
FSM/dp
G: \C I.~?.\LD\PRO~P-0022. WPD
Appro~rof '~~1 E~,~'~..ering Consultants, Inc.
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION NO. 1
DATE: January 26, 2000
SERVICE AUTHORIZATION NO
CITY P.O. NO.
PROJECT NO.:
CITY OF DELRAY BEACH 2000-044
TITLE:
1 FOR CONSULTING SERVICES
CITY EXPENSE CODE
PEC DB-17
NW 18TH AVENUE/MARTY FLADELL DRIVE ROADDWAY AND UTILITIES
IMPROVEMENT PROJECT
tie
mn
IV®
This service authorization, when executed, shall be incorporated in and shall become an integral part
of the Contract, dated July 8, 1999, by and between the City of Delray Beach and PEC.
PROJECT DESCRIPTION
Preparation of Final Construction Documents for the roadway and utilities improvements along NW
18th Avenue and Marty Fladell Drive.
SCOPE OF SERVICES
Please refer to the attached proposal, Proposal No. P-0022/R1 for the scope of services.
The above Scope of Services will be completed on a lump sum fee basis, not to exceed $131,540.
Refer also to the attached proposal, Proposal No. P-0022/R1.
COMPLETION DATE
These services will be completed within 180 days after receipt of the written notice to proceed.
G:\CLER\ENV\DBkDB-17~DB 17CSA 1 .WPD - 1- (01/'26/00)
CONSULTING SERVICE AUTHORIZATION NO. 1
(Cont'd)
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the
completion of the services rendered in the previous phase or as encompassed by the previous service
authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without incurring any further liability.
APPROVED BY THE C1TY OF DELRAY BEACH, This Day of
CITY OF DELRAY BEACH, a municipal corporation of the STATE OF FLORIDA
,2O
By:
Attest:
Mayor
Approved as to Legal Sufficiency and Form by:
City Attorney
PROFESSIONAL ENGINEERING CONSULTANTS, INC., This
Day of ,20~
By:
STATE OF Florida
COUNTY OF ~
Kenneth R. Hooper
(Type or Print)
Vice-President
(Title)
ATTEST:
The foregoing instrument was acknowledged before
me by Kenneth R. Hooper a duly authorized officer
of Professional En~neering Consultants. Inc., a
Florida corporation, on behalf of the Corporation and
said person executed the same free and voluntarily
for the purposes therein expressed. He/$h, is
personally known to me (o~
id,u;di,~,,fi,~,0 and did not (did) take an oath.
WITNESS my hand and seal in the County and
State aforesaid this ~ day of ,20
(Corporate Seal)
Notary Public
State of Florida
Mary K. Hayes
My Commission Expires:
(NOTARY SEAL)
G:\CLERkENV~DBkDB-17XDBI7CSAI .WPD -2- (01/26/00)
CONSULTING SERVICE AUTHORIZATION NO.
(Cont'd)
Approved by:
PROFESSIONAL ENGINEERING
CONSULTANTS, INC.
THE CITY OF DELRAY BEACH
DAY OF ,20
CITY OF DELRAY BEACH, a municipal corporation of
the STATE OF FLORIDA
BY:
Date:
Type or Print
BY:
Witness:
MAYOR
Witness:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged befor~ me
this day of ,
20 by
(name of officer or agent, title of officer or agent), of__
(name of corporation acknowledging), a
(state or place of incorporation)
corporation, on behalf of the corporation. He/She is
(personally known to me) (or has produced identification)
(type of identification)
(as identification) and (did/did not) take an oath.
(Notary Public)
My Commission Expires:
G :\CLER~BNVkDB\DB- 17kDB 17CSA 1 .WPD -3- (01/26/00)
January 24, 2000
NW 18th Ave/Marty Fladell Drive Utility Design - Section I
ATTACHMENT "A~ - MAN-HOUR ESTIMATES
Task Description / Labor Classification / Hours
No Scope of Services P.M. Sr. E. Engr. Tech. CAD WP Total
Premise: This proposal includes design and permitting services for a sanitary
sewer line and associated connections and potable water connections as directed
by City staff along NV/18~ Avenue from Dr. Carol Krol Way to Mary Fladell
Drive and along Marty Fladell Drive from NW 18~ Street to Congress Avenue.
The scope of services is broken down as follows:
A PRELIMINARY DESIGN
1 Collect and review available City water and sewer atlas maps, construction plans, 0 1 2 0 0 0 3
"as-built" plans, right-of-way maps and other pertinent information to be made available
by the City.
2 'Walk' the proposed right-of-way routings to examine field conditions and to verify the 0 0 4 4 0 0 8
approximate locations of existing utilities.
3 Develop preliminary baseline drawings for proposed alignments of potable water 0 1 4 0 8 0 13
connections and sewer improvements using available highway plans as base maps.
4 Submit preliminary baseline drawings to utility owners for mark-up and potential 0 1 3 0 0 2 6
conflict identification. (Bell South, FPL, Adelphia Cable, Florida Public Utilities)
5 Prepare preliminary alignment for City's approval. 1 0 8 0 10 1 20
6 Prepare preliminary design report amdyZing tho integrity and capacity of the existing 8 30 30 8 16 30 112
potable water and sanitary sewer piping and associate sewer lift stations and proposing
required system improvements as determined from said analysis.
(The following only pertains to the selected pipeline alignment)
7 Coordinate soils investigation along proposed alignment to address removal of
unsuitable materials, stream/canal crossings (if applicable), bore & jack installations,
dewatering, trench stability, bedding for pipe and structures, fill suitability of excavated To be completed under highway
soil, utility line installation, thrust considerations and backfill and compaction design eontraet.
requirements.
..!0 Field Engineering (Surveying Services) I I I I I I
a Establish bench markusing City / County NGVD datum. Set bench marks at 1,500 ft.
intervals using railroad spike in a power pole or tree set on the opposite side of the road
from the proposed pipeline.
b Call and coordinate utility locater, locate all utility flags within the right-of-way as! To bo completed under highway
directed by PEC. Provide elevations (inverts, pipe sizes) for all accessible underground design contract.
utilities (storm and sanitary sewers .... etc.)
e Provide cross-sections within right-of-way as directed by PEC.
11 Prepare preliminary cost estimate. 1 0 2 0 0 1 4
12 Prepare and meet with City staff to review preliminary engineering data and estimates! 0 8 0 0 0 1 9
before proceeding with final design.
13 Prepare and meet with local Health Department, the County and other jurisdictional 1 1 4 0 0 0 6
agencies to review proposed project scope and alignment and determine specific
permitting requirements.
SUBTOTAL TASK A - Preliminary Design 11 42 57 12 34 35 191
Page U-1
January 24, 2000
NW 18th Ave/Marty Fladell Drive Utility Design - Section I
ATTACHMENT "A" - MAN-HOUR ESTIMATES
Task Description / Labor Classification / Hours
No Scope of Services '~,.M. Sr. E.Engr.Tech.CAD WP I Total
B FINAL DESIGN
1 Make find adjustments for sani~3t sower and potable water pipe alignments and locate 0 2 4 4 8 0 18
valved points of future connections for customers.
2 Prepare Contract Drawings (24" x 36") as follows: 4' i2 40 5 80 0 141
1 - Cover Sheet
1 - Location/Key Map and General Notes
1 - Legend Sheet
4 - Single frame plan and profile at 1" = 20' scale
9 - Sheets Total
3 Prepare construction documents using the City's existing standard technical specifica- 2 2 20 0 0 20 44
tions and current NSPE Standard General Conditions.
4 Prepare and meet with City staff at 60% and 90 % completion levels to review the status 0 16 0 0 0 2 18
of the work.
5 Prepare Kw. al cost estimate prior to advertising the project. 1 0 2 0 0 1 4
6 Furnish three (3) copies of the completed contract documents to City and review with 1 0 4 0 4 4 13
City staff.
SUBTOTAL TASK B - Final Design 8 32 70 9 92 27 238
Page U-2
January 24, 2000
NW 18th Ave/Marty Fladeil Drive Utility Design - Section I
ATTACHMENT 'A" - MAN-HOUR ESTIMATES
Task Description / Labor Classification / Hours
No Scope of Services P.M. iSr. E.Engr. Tech. CAD WP Total
C PERMITTING
1 Prepare FDEP's agent's (local Health Department) Permit Application for the 1 0 8 0 2 2 13
Construction of Water im~rrrov~molllll Itlld 81ulital'y sewer lines.
2 Respond to FDEP's agent's Request for Additional Information 1 0 4 0 1 2 8
I
SUBTOTAL TASK C - Permitting 2 0 12 0 3 4 21
Page U-3
January 24, 2000
NW 18th Ave/Marty Fladell Drive Utility Design - Section I
ATTACHMENT "B" - COST ESTIMATES
LABOR CLASS Rate Prcl. Des Final Des Pcrmi~n~ HOURS COST
Direct Labor
'Project Manager $110.96 ii 8 2 21 $2,330
Senior Engineer $73.00 42 32 0 74 $5,402
Engineer $58.40 57 70 12 139 $8,118
~Tech $55.48 12 9 0 21 $1,165
CADD $46.72 34 92 3 129 $6,027
'Word Processor $35.04 35 27 4 66 $2,313
Sub-Total Hours 191 238 21 450
Sub-Total Labor $11,096 $13,055 $1,203 $25,3~4
Avg. Hrly Rate $58.09 $54.85 $57.29
External Associates
Survey subc°nsultant $0 ' $0 $0 $0
Soils Subconsultant $0 $0 $0 $0
Sub-Toted Ext. Associates $0 $0 $0 $0
Other Direct Costs
Reproduction / Printing $75 $200 $25 $300
Computer Support / Plotting $100 $400 $100 $600
Telophone $40 $40 $10 $'90
Mileage $50 $100 $10 $160
Postage $10 $40 $10 $60
Fax $15 $50 $10 $75
Sub-Total ODC $290 $830 $165 $1,285
Total Costs
Page U-4
January 24, 2000
NW 18th Ave/Marry Fladell Drive Utility Design - Section I
PREMISES TO PROPOSAL
1. All information to be provided by the Owner/City is presumed to be accurate information and no verification of this ds_ts will
bo required.
2. Work under this authorization shall not begin until all information which will enable the ENGINEER to proceed with this
assignment is received by PEC.
3. The generation of new ,t~ta_ which may bo required also is not included in this scope of services provided by this proposal, except
as specifically stated herein.
4. Engineering documents provided herein are not intended or represented to be suitable for reuse by the client or others on
extensions of the project or on other projects and that such reuse or modification by the client or the client's consultant without
the written verification or adaptation by the Engineer for the specific purposes intended will be at the client's sole risk and
without liability or legal exposure to the Engineer or the Engineer's consultants.
1. Copies of all information related to the existing system, including as-builts or record drawings will be provided to the ~ngineer
at no cost by the City.
2. It is assumed that all easements, maps and legal descriptions for proposed pipeline alignment have already been acquired.
1. Contract Specifications will utilize City of Delray Beach Standard front-end bidding documents and Standard technical
specifications.
2. Wetland impacts will require a joint permit from FDEP/ACOE.
3. Revisions at 60%, and 90% progress completion stages will be completed by PEC upon receipt of corresponding review
comments from all departments of Owner's staff with sign-offby Owner's project manager or designated contact.
Page U-5
( NUTTING
ENGINEERS
OF FLORIDA INC.
ESTABLISHEO 1967
Geotechnical & Construction Materials
Hydrogeology & Monitoring Wells
Engineering · Inspection · Testing
www. nuttingengineers.corn
January 17, 2000
Ms. Katie Gierok
Professional Engineering Consultants, Inc.
200 East Robinson Street
Suite 1560
Orlando, Florida 32801
Phone: (407) 422-8062
Fax: (407) 849-9401
Subject:
Proposal/Agreement for a Geotechnical Exploration
City of Delray Beach Roadway Construction
Approximately 1,800 LF along Marry Fladell Drive
And NW 18th Avenue
Dekay Beach, Florida
Dear Ms. Gierok:
Nutting Engineers of Florida, Inc. is pleased to present this proposal/agreement for
performing geotechnical engineering services for the above referenced project.
We understand that plans for this project include repaying a portion of Marty Fladell Drive
and NW 18th Avenue in Delray Beach, Florida. The scope of work will entail
approximately 1800 lineal feet between the two roadways. Additionally, the plans also
call for constructing one retention pond within the immediate vicinity of the project. Two
locations for the retention pond will be identified and a test boring at each location will be
accomplished to determine subsurface soil conditions.
Based on your request for proposal, and our understanding of the project, we propose the
following scope of work and fee schedule. Prior to the mobilization of drilling equipment,
a geotechnical engineer will visit the site to identify any problem areas and to place boring
locations for subsequent utility clearance and drilling activities. The borings will be layed
out in a saw tooth pattern along the roadway in an effort to provide a complete lithologic
profile. The geotechnical engineer will also research the available soil profile maps prior
to the site visit.
SCOPE OF WORK
We will perform eight (8) Standard Penetration Test (SPT) borings in accordance with
ASTM D-1586 specifications to a depth of fifteen feet in the area of the proposed
roadway reconstruction. Additionally, we will perform two (2) 40 foot test borings in the
area of the proposed retention ponds. We note that the borings will not be terminated in
1
1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA 33426
Palm Beach (561) 736-4900 · Broward (954) 941-8700 · Miami-Dade (305) 858-0981 · Fax (561) 737-9975 · Fax (954) 938-8900
very loose or deleterious material, and therefore, the depth of the borings may change
depending on the conditions encountered during the field work.
At the completion of the field work, the soil samples will be returned to our laboratory for
classification criteria. We will provide an engineering report including a description of our
findings, and general site preparation recommendations. The report will include graphic
logs of the borings. We assume the site is accessible to truck mounted drilling equipment,
and that underground utilities will be cleared by others prior to our performing the field
work.
FEE SCHEDULE
The above indicated scope of work will be performed for an estimated cost of $3,690.00
based on the following rates and quantifies:
Mobilization
Standard Penetration Tests
Utility clearance by Senior Technician
Maintenance of traffic plan, if required
Staft Engineer
Principal Engineer
$250.00
120 @ $8.00 if $960.00
80 @ $8.00 If $640.00
8 hrs @ $40.00/hr. $320.00
Lump sum $500.00
12 hrs @ $70.00/hr. $840.00
2 hfs @ $90.00/hr. $180.00
Representative soil samples may require laboratory testing in order to determine specific
engineering properties. If there is a need for laboratory testing, we will notify you to
obtain approval prior to performing any tests.
We can begin this work within approximately four' days of receiving written authorization.
The field work should take one day to complete. The geotechnical report should be
available within approximately one week after the field work is complete.
Thank you for providing us the opportunity to present this proposal/agreement. We look
forward to working with you on this and future projects.
Sincerely,
NUTTING ENGINEERS OF FLORIDA, INC.
Division Manager
James J. Flaig, P.E.
Vice President
( NUTTING
ENGINEERS
~ OF FLORIDA. INC
ESTABLISHED 1967
Reports and invoices will be addressed to the client as listed below unless other instructions are
provided in writing with this executed proposal. The undersigned, as an authorized
representative of the entity listed below, approves this proposal and agrees to be bound by the
terms and conditions contained in this proposal. We note that our terms are net thirty days.
Any invoices over thirty days will be assessed a 1 1/2 percent service charge. If you are a first
time client, we request that the fee for these services be paid at the time the report is
delivered. Once your account is established, we will bill you on an invoice basis.
SIGNATURE: DATE:
PRINT NAME:
TITLE:
ADDRESS:
PHONE: FAX:
cc: R. Wohlfarth, P.E., P. Hall, J. Flaig, P.E., B. Butler
Professional Engmeenng Consultants Prop se.bm
( NUTTING
ENGINEERS
OF FLORIDA. INC
ESTABLISHED lg67
<~RO~ .~ O~BRIEN, SUITER ~ O'BRI~N, INC PHON~ NO. : 5Gl 276 ~390 Jan. 25 2~0 04:12PM Pi
O'BRIEN, SUITER & O'BRIEN, INC.
Land Surveyors
2601 N. FEDERAL HIGHWAY
~UiAY BEACH, FLORIDA 33&S3
DELR&Y 276-~Q!
BOYNTON 732-337~
January 25, 2000
Professional En9ineering Consultants
200 E. Robinson St. #1560
Orlando, Florida 32801
Attention: Katie Gierok
RE: MARTY FLADELL DRIVE & N.W. 18TH AVENUE
Dear Ms. Gierok:
The following is a scope of services and cost proposal for
surveying services on the above referenced project.
II.
PROJECT DESCRIPTION
Prepare route survey Marry Fled·Il Drive from Congress
Avenue to N.W. 18th Avenue and N.W. 18th Avenue from
Marry Fled·Il to Dr. Carol Krol Way.
SCOPE OF SERVICES
e
Survey will show all platted rights-of-way (including
bearing and distances for centerlines), lot numbers,
block numbers, house numbers (if available) and
platted easements.
survey will show all improvements, physical objects,
driveways and significant landscape (i.e. trees,
shrubs) to 25' outside of the right of way.
All underground utilities will be shown on the survey.
Inverts on sanit&ry and storm sewers will be
Indicated, as well as, locations of water valves and
meters will be shown. Coordination with Sunshine
State Call One Center for location of other
underground utilities shall be our responsibility.
All topographical surveys will have station
established from south to north and west to east where
applicable, including baseline.
Elevations will be Indicated every 50 feet, at a
minimum, to indicate centerline grades, edge of
Page 1
*'FR~ Q ~'BRIEN, SUITER & O'BRIEN, INC PHONE NO. : 561 276 239~ Jan. 25 20BB 04:12PM P2
pavement grades, and shoulder grades. Intermediate
grades will be indicated st all grade breaks,
driveways, and sidewalks. Two grades (o~e at. the
right of way line and one 25 feet back) will be
indicated on the driveways to indicate direction of
grade·
The survey will include topography of the complete
intersection at terminal of each street.
Surveys shall be submitted on floppy disk, one vellum
copy, and one signed and sealed print, with a copy of
field notes.
Boundary survey and topographic Information on 50'
grid of proposed pond area and location of core
borings.
III. BUDGET ESTIMATE OF ~ERVICE~
Compensation for services described herein shall be in
lump sum of $7,000.
Retainer in the amount of $3,000 is due prior to
commencing work.
Any additional services up to,$2,500 will be billed at our
normal hourly rate of $85/hour field and SSS/hour office.
Services above the $2,500 will require a new contract.
Iv.
COMPLETION DATE
This work for this Service Authorization will be completed
within forty-five (45) days of the date of this Service
Authorization.
if we can be of services or if you need any additional
Information, please contact the undersigned·
Sincerely,
O'BRIEN, SUITER & O'BRIEN, INC.
Paul O. Engl .
POE/cb
Page 2
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM 15'. ~_... REGULAR MEETING OF FEBRUARY 1, 2000
RESOLUTION NO. 9-00
JANUARY 25, 2000
This is a resolution assessing costs for abatement action reqmred for the demolition of an unsafe structure
located at 315 S.W. 3`d Street.
The resolution sets forth the actual costs incurred and provides the mechamsm to attach a hen against the
property in the event the assessment remains unpaid.
Recommend approval of Resoluuon No. 9-00.
RefiAgmemol 5.Res9-00.DemoliuonUnsafe.315 SW 3rd St
RESOLUT'I ON NO. 9-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION;. PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREA~, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 9-00
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2000.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 9-00
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
MAILING ADDRESS:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
LUCIUS SIMMONS
909 GIBSON STREET
315 SW 3a~ STREET, DELRAY BEACH, FL
S 75' OF W 135.6' OF BLOCK 39, TOWN OF DELRAY ACCORDING TO PLAT BOOK 11,
PAGE 34, OF THE OFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $6,488.85 by resolution of the City Commission of the
City of Delray Beach, Florida, dated has been levied against
the above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on December 7, 1998 that the Chief Building official
had determined that a building/structure located on the above described property was
unsafe. You were advised in that notice of the action that would be taken to remedy that
unsafe condition and that the action would be initiated by the city if you failed to act.
You failed to appeal the decision of the chief Building Official to the Board of
Construction Appeals although you were informed of your right to an appeal and of the
procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
__X__ You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of t.he Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 9-00
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on January 7, 2000 at a cost of
$6,488.85 which includes a ten percent (10%) administrative fee. If you fail to pay this
cost within thirty (30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 9-00
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~/4/~
AGENDA ITEM ~'~J' - REGULAR MEETING OF FEBRUARY 1, 2000
RESOLUTION NO. 10-00
JANUARY 25, 2000
This is a resolutton assessing costs for abatement action required to remove nuisances on twelve (12)
properties throughout the Ctty.
The resolutton sets forth the actual costs recurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpmd.
Recommend approval of Resoluuon No. 10-00.
RefiAgmemol 5 Resl 0-00.NuisanceAbatement
RESOLUTION NO. 10-00
A RESOLUTION OF TH~ CITY COMMISSION OF TH~ CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATZNQ NUISANCES UPON
C~RTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEHENT AND LEVYIN~ TH~ COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DU~ DATE AND INTEREST ON
A~SESSMENTS; PROVIDIN~ FOR THE RECORDIN~ OF THIS RESOLUTION, AND
DECLARINg. SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ABSESSMENTS.
WHEREAS, the City Manager or his dosi~nated representative hms, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(e) and hms determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawmlls} they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against amid property; and,
WHEREAS, the property owner(s) named in the list attached hereto and mede a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time lim/ts prescribed in s&id notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive · hearing, said
property owner(s) failed and/or neglected to &bate such nuisance(s) within the time
desi~nated It the hearing wherein a decision was rendered adverse to the property
owner(s); and,
WHiP. AS. the City of Delray Beach. through the City &~-4nistration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon tho land(e) described in the list atteched and made a part hereof and
incurred costs in Ibating the subject nuisance(s) existing thereon ae described in the
notice; and.
WHerEAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter lO0 of the Code of Ordinamces of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved~ and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter X00 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against laid property owner(s),
NOW, THE~EFORB, BI IT P~ESOLVED BY TH~ CITY COMMISSION OF THE CITY OF DIL~AY
BEACH, FLORIDA, AS FOLLOWS=
Hection 1. That allessmentB in the individual ~tl aa sho~ by the
report of the City ~nager of the City of Delray Beach, Anvolvin~ the City's colt of
~atin~ the aforesaid nuis~ces upon the lots or parcels of l~d described in said
report, a copy of which is attached hereto ~d ~de a part hereof, are hereby levied
a~ainst the parcel(s) o[ l~d described in said report ~d in the ~t(s) indicates
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
~ilin~ o~ the notice described in Sec. 3, beene a lien upon the respective lots ~d
parcel(s) of l~d described in said report, of the s~e nature ~d to the ~e extent
as the lien for ~eneral city t~es ~d shall be collectible in the s~e ~er as
~rtgages ~d foreclosures are ~der state law.
Section 2. ~at such asses~entl shall be legal, valid ~d binding
obligations upon the property against which said assesmn~s are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to i--~ediately mail by first class mail to the owner(e) of ~e property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against laid property for the cost of abatement of laid nuisance
by the City, and that said assessment is due and payable within thirty ($0) days after
the mailing date of said notice of assessment, after which & lien shall he placed on
said property, and interest will accrue et the rate of S% per annum, plus reasonable
attorney's fees and o~her costs of collecting laid sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of slid assessment(s),
after which a lien shall be placed on laid property(s), and interest s~all accrue at
the rate of eight (S) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section S. That in ~he event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment,
City Clerk is hereby directed to record · certified copy of this resolution An the
public records of Palm Beach county, Florida, and upon the date and time of recording
Res. No. 10-00
of the certified copy o£ this resolution a lien shall becom~ effective on the subject
property which shall secure the cost of ~batement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
, 2000.
MAYOR
ATTEST:
City Clerk
Res. No. 10-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOTS 22 TO 26 INC., BLOCK 15, ALVAN E. MC FORD
PB 13, P 18, PUBLIC RECORDS OF PALM BEACH 17831 NW 47TH AVENUE
COUNTY, FL CAROL CITY, FL 33055-3255
(SW 7TH AVE, VAC LOT SO. OF 239) $80.75
$70.00 ADM. FEE
SUB 8-46-43 E 60 FT OF W 250 FT OF S 135 FT OF JOHN D. WELLS
W 1/2 OF S 1/2 OF LOT 5, PB 1, P 5, PUBLIC 310 WASHINGTON AVENUE
RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(709 NW 4TH STREET)
$50.00
$70.00 ADM.FEE
RIDGEWOOD HEIGHTS DELRAY, N 35 FT OF LOT 3, PILAR PEP, ALES
BLOCK D, PB 14, P 44, PUBLIC RECORDS OF 1109 SW7TH AVENUE
3ALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(1107 SW 7TH AVENUE)
$88. OO
$70.00 ADM.FEE
RIDGEWOOD HEIGHTS DELRAY, E 41 FT OF LOT 2, MADELINE S. SANTIAGO
BLOCK D, PB 14, P 44, PUBLIC RECORDS OF 1105 1/2 SW7TH STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(1105 & 1/2 SW 7TH AVENUE)
/
$46.
00
$70.00 ADMFEE
ATLANTIC PARK GARDENS, DELRAY, LOT 13, DAISY M. RAY
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF P.O. BOX 74
PALM BEACH COUNTY, FL LENOX, GA 31637-0074
(17 SW 13TH AVENUE)
$57.00
$70.00 ADM. FEE
4
Res. No. 10-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
ATLANTIC PARK GARDENS, DELRAY LOT 19, J.D. & EARLINE MONROE
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF 32 EARLE STREET
PALM BEACH COUNTY, FL HARTFORD, CT 06120-1714
(39 SW 13TH AVENUE)
$62.00
$70.00 ADM.FEE
SUB OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW JAMES BROWN &
ll41UNRECILOT 1, PB 1, P 3, PUBLIC RECORDS HATTIE L. BROWN
OF PALM BEACH COUNTY, FL 802 SW 3RD STREET
(SW 3RD STREET) DELRAY BEACH, FL 33444
$109.00
$70.00 ADM. FEE
TOWN OF DELRAY, LOTS 32 & 33, BLOCK 15, VERA F. GIBSON
PB 13, P 18, PUBLIC RECORDS OF PALM P.O. BOX 66
BEACH COUNTY, FL INKSTER, MI 48141-0066
(VAC LOT SO OF 234 SW 6TH AVENUE)
$109.00
$70.00 ADM. FEE
ESTATE OF ORA WALLACE &
TOURIST NOOK DELRAY, LOT 6, BLOCK A, ELOISE HUNTER
PB 24, P 235, PUBLIC RECORDS OF PALM 121 NW 11TH AVENUE
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE) $70.00
$70 00 ADM. FEE
DELL PARK, S 28 FT OF LOT 2 & ALL OF LOT 3, ALEXIS FRANKEL &
BLOCK 7, PB 8, P 56, PUBLIC RECORDS OF JEAN BOYER
PALM BEACH COUNTY, FL 1012 NE 2ND AVENUE
(1012 NE 2ND AVENUE) DELRAY BEACH, FL 33444
$25.OO
$70.00 ADM. FEE
Res, No. 10-00
COST OF ABATING NUISANCES UNDER CHAPTER t00
OF THE CODE OF ORDINANCE
GRIFFIN GATE, LOT 2-B, PB 69, P 126, LUSHNOR MONCHER &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL JEAN R. FIEFFIE
(440 SE 1ST AVENUE) 440 SE 1ST AVENUE
DELRAY BEACH, FL 33444
$57.OO
$70.00 ADM. FEE
TOWN OF DELRAY, LOT 7 (LESS S 9.85 FT OF MICHAEL GOCHENOUR
.27 FT) BLOCK 92, PB 2, P 21, PUBLIC RECORDS 301 EAST ATLANTIC AVENUE
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(301 EAST ATLANTIC AVENUE) $46.00
$70.00 ADM. FEE
r
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE
Res No 10-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~P~
AGENDA ITEM ~/~ - REGULAR MEETING OF FEBRUARY 1, 2000
REVIEW OF APPEAI,&BLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
JANUARY 28, 2000
Attached is the Report of Appealable Land Use Items for the period January 18e' through January
28, 2000. It informs the Comrmssion of the vanous land use actions taken by the designated boards
which may be appealed by the City Comrmssion.
Recommend remew of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo/Appealables/02.01 00
TO:
THRU:
FROM:
SUBJECT:
O/V~::) T. HARE~, N, CITY MANAGER
DIANE DOMINGUEZ, PLA~iNIN(~ AND ZONING DIRECTOR
MIN ALLEN, PLANNER
MEETING OF FEBRUARY 1, 2000 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 18,
2000 THRU JANUARY 28, 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 18,
2000 through January 28, 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.
No appealable ~tems were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for
action.
Recommended approval (6 to 1, Hasner dissenting), of an abandonment
request for a portion of Bronson Avenue, lying approximately 150 feet south
of East Atlantic Avenue.
City Commission Documentation
Appealable Items Meeting of February 1, 2000
Page 2
Recommended denial (6 to 1, Bird dissenting) of an abandonment request
for a portion of NW 2nd Avenue, lying south of NW 12th Street.
Recommended approval (7 to 0), of a rezoning from R-1-A (Single Family
Residential) to RM (Medium Density Residential) for four properties located
at the southwest corner of Palm Trail and McKee Lane.
Recommended approval (7 to 0), of a conditional use request to allow the
establishment of an adult day care center within the Delray Office Plaza
complex, located on the north side of West Atlantic Avenue, approximately
1,250 feet east of Military Trail.
Recommended approval (6 to 1, Bird dissenting), of a conditional use
modification request to change the phasing of required improvements for
Delray's Lost Drive-In, located on the east side of North Federal Highway,
approximately 500 feet north of Allen Avenue.
Recommended approval (6 to 1, Eliopoulos dissenting), of a conditional use
modification of the previously approved plan for the redevelopment of a
gasoline station, by adding another 444 sq. ft. to the convenience store (total
2,444 sq. ft.), installing 12 gasoline dispensers instead of the previously
approved 6, and phasing the removal of the existing billboard sign, for the
Gas Depot Gasoline Station, located at the northwest corner of Barwick Road
and West Atlantic Avenue.
Recommended denial (6 to 1, Stark dissenting), of a conditional modification
request to add 10,000 square feet of floor area to the approved project for
Creations of Delray Beach, located at the northeast corner of Pineapple
Grove Way and NE 1st Street within the former Winn Dixie Shopping Center.
Recommended approval (7 to 0), of an amendment to the Land Development
Regulations Secbon 4 4.24(B) to allow catering service as a permitted use in
OSSHAD (Old School Square Historic Arts District) zoning district with a
limitation on the size of the building to a total of 2,000 square feet.
Recommended approval (7 to 0), of an amendment to the Land Development
Regulations to allow public parking lots and pocket parks within residential
zoning districts.
A. Approved (4 to 0, Perez-Azua and Friess absent, Fowler arrived late), a
request for a color change to the existing awnings for Down To Earth,
located on the south side of East Atlantic Avenue, east of SE 4th Avenue (418
East Atlantic Avenue).
City Commission Documentation
Appealable Items Meeting of February 1, 2000
Page 3
B. Approved (4 to 0), an elevation change to add awnings at the Little Mermaid
Restaurant, located at 115 NE 6th Avenue [northeast corner of NE 6th Avenue
(northbound Federal Highway) and NE 1st Street].
C. Approved (4 to 0), a request to modify the previously approved elevation plan
changing the pre-fabricated metal building to a CBS building with columns for
Jennings Commercial Building, a proposed mixed-use development to be
located at 2702 North Federal Highway which is on the west side of North
Federal Highway, approximately 200' south of Gulfstream Boulevard.
D. Approved with conditions (4 to 0), a Class III site plan modification, landscape
plan and architectural elevation plan, associated with the construction of a 62'
high monopole telecommunication tower for Nextel Communications to be
located on the west s~de of NW 18th Avenue, north of Marty Fladell Drive (231
NW 18th Avenue).
E. Approved (4 to 0, Fowler arrived, Branning stepped down), a free standing
sign for Kyoto Sushi Restaurant at Ocean City Lumber complex, located on
the east side of Pineapple Grove Way, south of NE 1st Street.
F. Approved with conditions (5 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a 35,969 sq. ff.
industrial building, Zenith Commerce Center within the Delray Park of
Commerce, which is located at the northeast corner of Lake Ida Road and
Congress Avenue. Concurrently, the Board granted a waiver to allow more
than 10 parking spaces in a row without a landscape island along the west
property line.
G. Approved with conditions (5 to 0), a Class V site plan, landscape plan and
building elevations for a 7,303 sq. ft. contractor and trade office and storage
yard for ABC Barricades, located on the south side of SE 6th Street
(unimproved) approximately 165' east of Swinton Avenue. Concurrently, the
Board approved waivers eliminating the required 5' wide sidewalk along SE
6th Street and eliminating the developer from the responsibility of one-half of
the cost for improving that portion of SE 6th Street adjacent to the property.
H. Approved with conditions (4 to 0, Shutt left the meeting), a Class V site plan,
landscape plan and architectural elevation plan associated with the
construction of a 46,560 sq. ft. mixed-use industrial and commercial building,
Tenth Street Commerce Park, located on the south side of SW 10th Street,
approximately 480' west of SW 10th Avenue. Concurrently, the Board
approved a waiver reducing the required stacking distance along SW 10th
Street from 50' to 28'.
City Comm~ssion Documentation
Appealable Items Meeting of February 1, 2000
Page 4
Approved (6 to 0, Bodker abstained), a request for a Certificate of
Appropriateness, Class V site plan, landscape plan and architectural
elevation plan associated with the renovation and conversion of the Spady
House into the Spady Museum, located on the west side of NW 5th Avenue,
approximately 1,000 feet north of West Atlantic Avenue (170 NW 5th Avenue).
Concurrently, the Board approved a waiver reducing the required perimeter
landscape buffer along the north side of the proposed parking area from 5' to
4.5'.
Approved (7 to 0), a request for a Certificate of Appropriateness modifying the
previously approved architectural elevation plan to allow a change in the roof
material and other fa(;ade changes for the Sundy Inn Cottage, located on the
east side of SW 1st Avenue, south of SW 1st Street (131 SW 1st Avenue).
No other appealable items were considered by the Board. However, the following
items were considered by the Board.
Granted variances on a 7 to 0 vote, reducing the front setback from 25' to
10' and the rear setback from 10' to 2' to allow a 6' wide wooden pergola to
be constructed at the front entrance and installation of a utility shed in the rear
of an existing duplex located at 330 NE 1st Avenue.
Recommended that the City Commission approve (7 to 0), the requests for
tax exemption for improvements to the historic properties located at 338 SE
7th Avenue (Deitrich Residence); 145 NE 6th Avenue (Turner Residence); and,
1009 Seaspray Avenue (Hayes Residence).
Forwarded a recommendation of approval to the Planning and Zoning Board
(5 to 2, Johnson and Ames dissenting), of a amendment to the Land
Development Regulations Section 4.4.24(B) to allow catering service as a
permitted use in OSSHAD (Old School Square Historic Arts District) zoning
district with a limitation on the size of the building to a total of 2,000 square
feet.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
FEBRUARY 1, 2000
GULF STREAM SLVD
CANAL
I o~ LAKE IDA ROAD --
~...... r ...... ~m "~
, ~- ....... _1- ..... '?
t..JI, I
""-' L ......................
i r"m, i
i_l ! [. ..... .j
I.
LOWSON BOULEVARD
UHTOH BO~JI. EVARD
'- i '
! I
~ ..... J
.................. ~.;i~'~ .......................
N W 2NO ST
SW 2NDST
&W
C-15 CANAL
S.P.R.A.B.:
A. DOWN TO EARTH
B. LITTLE MERMAID
C. JENNINGS COMMERCIAL BUILDING
D. NEXTEL
E. KYOTO SUSHI RESTAURANT
(OCEAN CITY LUMBER COMPLEX)
F. ZENITH COMMERCE CENTER A T
DELRA Y PARK OF COMMERCE
S.P.R.A.B. CON'T:
G. ABC BARRICADES
H. TENTH STREET COMMERCE PARK
H.P.B.:
I. SPADY MUSEUM
2. SUNDYINN
......... CFrYLIUrrS .........
ONE MILE
GRAPHIC SCALE
CiTY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
19~9
-- DIGITAl. BASE MAP SYSTEM .-
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM ~.,L-- REGULAR MEETING OF FEBRUARY 1, 2000
AWARD OF BIDS AND CONTRACTS
JANUARY 28, 2000
This is
1.
before the City Commission to approve the award of the following bids and contracts:
Confirm an emergency purchase in the amount of $24,126.45 for firewall security software
for the C~ty's Intemet connecUon from Mtssion Critical Systems, Inc., with funding from
334-6112-519-66.10 (Software Over $500), 334-6112-519-46.90 (Other Maintenance), and
334-6112-519-31.90 (Other Professional Sermces).
Confirm an emergency purchase in the mount of $13,800.00 from Power Sports of Delray,
vm Florida State contract, for the purchase of two (2) Kawasakt ATV Mules for use by the
Ocean Rescue Division, w~th funding from 501-3312-591-64.20 (Garage/Vehicle
Replacement - Automotive).
Purchase award in the amount of $25,035 to Southeastern Pump for the purchase of pumps
and related eqtupment for the Lift Stattons l lA, 25 and 53 rehabihtation project, w~th
funding from 442-5178-536-61.83 0V&S Renewal & Replacement -Lift Stanon Conversion
to Submersible).
Purchase award in the amount of $17,256 to Data Flow Systems, sole source promder, for
the purchase of telemetry components to be provided by the City for the Iaft Stanons 1 IA,
25 and 53 rehabilitation project, with funding from 442-5178-536-61.83 (W&S Renewal &
Replacement --Life Station Conversion to Submersible).
Contract award in the amount of $38,125 to Chaz Equipment Company, Inc. for the
rehabilitation of seventeen (17) manholes on the southeast interceptor gravity mare, with
funding from 442-5178-536-63.93 (W&S Renewal & Replacement - Southeast Interceptor).
Chaz Equipment is the sole source provider for the rehabflitattve process being used.
Contract award m the amount of $18,300.00 to Shenandoah General Construction
Company, via Broward County contract, for cleaning and television survey of approximately
15,000 hnear feet of sanitary sewer mare, required as part of the design work for the 2000
Roadway Bond prolects, w~th funding from 442-5178-536-31.90 (W&S Renewal &
Replacement - Other Professional Services).
Contract award in the amount of $23,860.00 to Shenandoah General Constmcnon
Company, via Broward County contract, for the emergency repair of approximately 400
joints along the gramty sewer main located within the alley between N.E. 6m Avenue and
N.E. 7~h Avenue, from Atlantic Avenue to N.E. 2nd Street, w~th funding from 442-5178-536-
63.51 (W&S Renewal & Replacement - Sewer Mains).
Contract award in the amount of $30,000.00 to Colonna Asphalt Restoration, Inc., via
Broward County contract, for miscellaneous asphalt repairs and patching as a result of utility
work within paved areas, with funding from 442-5178-536-63.90 (W&S Renewal &
Replacement - Other Improvements).
Award of contract addition in the amount of $30,000.00 to Metro Service Consultants, Inc.
for rmscellaneous fire hydrant repairs and maintenance, with funding from 441-5123-536-
34.90 (Water D~smbution - Other Contractual Services). This ~tem is a sole source award as
Metro Service is already contracted to do cosmeuc maintenance and ~s on-site.
10.
Purchase award in the total amount of $58,955 to GameTime for the purchase and
installation of Orbiter One playground equipment for Pompey Park. The price includes
removal and disposal of the old eqmpment. Funding ~s available from 334-4172-572-63.04
(Pompey Park Playground).
11.
Bid award in the amount of $19,510.00 to Tropical Awning, Inc. for the replacement of
awnings at Veterans Park, with funding from 001-4126-572-63.90 (Veterans Park Recreation
Facihty - Other Improvements).
Recommend approval of the bid and contract awards listed above.
RefiB~d.Agmemo.02.01.00
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
(Consent)
X Regular Agenda
Date:
Special Agenda
01-21-00
Workshop Agenda
When: 02-01-00
Description of agenda item (who, what, where, how much),: Approve the purchase
of firewall security software for the City's Internet connection from M~ss4on Critical
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval is recommended by the MIE Manager and:F~na~n~ D~r~ntor.
Department Head Signature:
Determination of Consistency(
n/a
City Attorney Review/ Recommendation (if applicable):
n,/a
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ ~/~NO (funding is available w/budget transfer attached)
Funding alternatives:~--~ (if applicable)
Account No. & Description: Various
Account Balance: fundinz is available w/budget transfer ~attached) .
City Manager Review:
Approved for agenda: Y~/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden
City Manager
Joseph M. Sa~~-~
Director of Financ~
Purchase of Firewall Security Software for Intemet Connection
Requisition Number 76977) -
February 1, 2000 City Commission Agenda Item
DATE: January 21, 2000
We would request the purchase of flrewall security software for the City's Intemet connection be placed
on the City Commission Agenda of February 1, 2000 for approval.
The focus of the MIS Division over the past two years has been on the Year 2000 projects. Consequently
other projects, including Citywide Internet access, were postponed. Management Information Systems
has many critical projects depending on Internet access. Other departments are finding that the only way
to obtain some information formerly issued in print is via the Intemet We are now prepared to proceed
as quickly as possible with implementing Citywide Internet access.
However, it is imperative that the City install a firewall prior to Citywide connection to the Internet. A
firewall provides a secure connection to the Internet and protects our internal network and systems from
unwanted Internet traffic. In other words, it prevents unauthorized individuals from accessing the City's
mainframe and network systems. In addition to managing internal traffic, the fire wall security software
gives us the ability to manage outgoing traffic. For instance, City employees could be prohibited from
accessing E-Bay, E-Trade, adult web sites, etc., via the City's Internet connection.
The M.I.S. Division reviewed several types of firewall software. Three quotations were not obtained as the
firewall software packages offer different features and direct comparison is not possible. Their
recommendation for the type of firewall software is Checkpoint. It is currently the number one selling
flrewall on the market. The Checkpoint software contains all of the functionality and flexibility the City
needs and has additional third party add-on products for reporting. M~ssion Critical Systems, Inc. is the
only Checkpoint premier partner in South Florida. Checkpoint only awards "premier partner" status to
companies with a high level of trained technical staff and successful installations.
Attached is Quotation Number Q00-1647 from Mission Critical Systems, Inc., in the amount of
$24,126.45, for the City's firewall.
Initially, we were going to "piggyback" onto the firewall the Police Department was planning to purchase.
We, therefore, did not budget for these expenses this fiscal year. However, the Police Department did
not purchase their firewall and used the monies elsewhere. Consequently, we are utilizing a portion of
the funding originally approved this year for the purchase of equipment and software necessary to
implement Phase II of our Document Storage and Imaging Project. We will then request additional
funding for that project during the mid-year budget process.
A budget transfer is attached transferring monies from the Document Storage and Imaging project
account code (334-6112-519-64.12) to the necessary account codes to cover the purchase of the firewall
(Requisition Number 76977).
/sam
Attachment
cc: Richard Zuccaro, MIS Manager
· ~ $19,935
334-61. ~ t /4 ~--~_ { 2,995
3..~u uther froz ~vcs 1,200
(10) TOTAL $24,130 $24,130
JUSTIFICATION: Expenditures related to purchase of firewall security software to provide
a secure connection to the Internet for City users (ref Req #76977).
NOTE:FundinK is bein~ transferred from a portinn of the fusding approved for Phase II of
the Document StoraKe and ImaKing Pro.~ect. Replacement funds will be requested during
mtd-v~ar budget process.
Finance Director ~ Gc:~ City Manager
(11) Budget Revision Date
(12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
ILl
LU
AGENDA ITEM NUMBER: ~. '/'' o~.
Request to be placed on:
XX Consent Agenda
When: February 1, 2000
Description of agenda item:
AGENDA REQUEST
Special Agenda
Date: January 24, 2000
Workshop Agenda
Emergency purchase of two (2) Kawasaki ATV Mules for Ocean Rescue from Power Sports of
Delray for a total cost of $13,800 per Florida State Contract Number 070-840-99-1.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve emergency purchase of two (2) Kawasaki ATV Mules for Ocean Rescue from Power
Sports of Delray for a total cost of $13,800 for Florida State Contract 070-840-99-1 Funding was
taken from account number 501-3312-591-6420
Department Head Sig~na~
Determination of Consistenc
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: e~
Hold Until:
(If applicable)
L~ No
Agenda Coordinator Review:
Received:
Action: Approved
D~sapproved
P.O. NUMBER: 582724
PURCHASING DIVISION
MEMORANDUM
TO:
FROM:
THROUGH'
DATE:
David T. Harden, City Manager
Jennifer Schillace, Buyer
Joseph Sa~inance Director
December 29, 1999
SUBJECT:
DOCUMENTATION
CITY COMMISSION MEETING, FEBRUARY '1, 2000
APPROVAL - EMERGENCY PURCHASE OF KAWASAKI MULES
FROM FOR OCEAN RESCUE
ITEM BEFORE COMMISSION:
The City Commission is requested to approve the emergency purchase of two (2) Kawasaki
Mules for Ocean Rescue per Florida State Contract Number 070-840-99-1 for a total purchase of
$13,800.
BACKGROUND:
Attached, please find a memorandum from the Assistant City Manager dated December 16, 1999,
requesting an emergency purchase of the two (2) Kawasaki Mules from Power Sports of Delray
for $13,800 with funding being taken from account number 501-3312-591-6420 Also, attached is
a memorandum from Bill Darty dated December 15, 1999 to Mr Barc~nsk~ recommending that
repairs not be made to the ATV Mules currently owned by the City.
At the time of the purchase of the Kawasak~ Mules, Power Sports of Delray had two 1999 models
in stock Power Sports of Delray offered the City of Delray Beach a discount of $1,399 per ^TV
off State of Florida Contract pricing and, if ordered immediately, next day delivery.
Joe Weldon, Director of Parks & Recreation, requests the purchase of the Kawasaki Mules per
his memorandum dated November 18, 1999. A copy of the memorandum is attached for your
reference
RECOMMENDATIONS:
The Purchasing staff is recommending the emergency purchase from Power Sports of Delray for
the two (2) Kawasaki Mules for a total amount of $13,800 per Florida State Contract Number
070-840-99-1 Funding has been taken from account number 501-3312-591-6420.
Attachments:
Memo 12/16/99
Memo 12/15/99
Memo 11/18/99
cc: Robert Barcinski, Assistant City Manager
Joe Weldon, Director of Parks & Recreabon
Rich Connell, Beach Supervisor
1VI O DUI
David T. Harden
City Manager
/E~.'~ ,~A..obert A. Barcinski
Assistant City Manager
DATE: December 16,1999
SUBJECT: Etnergencnd Purchase - ATV's Ocean Rescue
The 1997 Polaris ATV vehicle #799 and one of the 1998 Kawasaki ATV's vehicle #755 are
currently out of service. Per the attached memo from Bill Darty, it will cost
approximately $2,000 to fix the Polaris vehicle #799 and $3,000 - $5,000 to fix the
Kawasaki vehicle #755.
The Polaris (vehicle #799) scheduled for replacement this fiscal year cost $3,969, with a
life to date maintenance cost of $5,344.55. The 1998 Kawasaki (vehicle #755) also
scheduled for replacement this year, but we were trying to get one more years use, cost
$4,019 with a life to date cost of $1,443.79.
Ocean Rescue only has one ATV operational and has borrowed the Police Departmengs
mule. Mr. Weldon and Mr. Connel recommend that we replace the ATV's with
Kawasaki mule's model #2510 (see-attached memo). Mr. Darty and I have reviewed this
recommendation and concur and also recommend undercoating and rust proofing.
With the busy Christmas season almost upon us, I feel it is critical that two (2) ATV's are
replaced as soon as possible.
Power Sports of Delray Beach, has three (3) of these vehicles, 1999 models in stock at a
cost of $6,900 each. We could purchase the same vehicle off state contract (see attached)
for $6,953.54. I think we can get 4-5 years out of the mules versus 2-3 years from the
ATV's.
I am requesting approval to purchase two (2) Kawasaki mules #2510 for a total of
$13,800 under the emergency provisions of our purchasing code from Power Sports of
Delray Beach. Funding is available in account 501-3312-591-64.20.
The vendor can have the vehicles prepared and delivered in one day.
RAB/tas iM ~gLO[ ~.~ t.O
Cc: Joe Weldon
B~ Dar~
l ll~
]ackie ~oo~e~ ~
Ffle:u:sweeney/asmemos 12 17 . .0
MEMORANDUM
To:
From:
Date:
Subject:
Robert A. Barcinski, Assistant City Manager
Bill Darty, Fleet Maintenance Service Coordinator
December 15, 1999
BEACH PATROL ATV's
Two Beach Patrol ATV's is now at the City garage and I do not
recommend attempting any repairs due to excessive rust. Vehicle//755 a
1998 Kawasaki, which cost $4019.00, has severe rust problems and has a
broken control arm and vehicle //799 a 1997 Polaris, which cost
$3969.00, has a broken frame. I believe any fi~rther effort to repair these
vehicles would be very expensive and time consuming. Vehicle 799 is on
our 2000 replacement list to be replaced by a Kawasaki Mule· The State
· . .cs. ~¢_~-
contract price for a 2000 Kawasaki Mule 2510 is S690()r007Powersports
of Delray has three 1999 Kawasaki Mule 2510's with a list price of
$8299.00, but will sell the City one or two Mules at $6900.00 each.
These Mules can be prepped and delivered in one day instead of waiting
months for delivery off the State Contract. I have enclosed the most
current maintenance report, vehicle 799 has a LTD cost of 135% and
vehicle 755 is 36%. Steve at Powersports of Delray said it would take
$3000.00-$5000.00 to repair vehicle 755 and John at Powersports of
Boca said it would be at least $2000.00 to replace the frame on vehicle
799.
STOCK NO
SALESPERSON'
ADDRESS:
WORKSHEET
SOURCE:
CITY: ,l_).? i,v ¢'""i
RES PHONE:
SIS':
( /~, )
NEW
COLOR & STYLE TOP.
USED ( )
STATE:. ~L_ ZIP:
BUS PHONE:
DRIVERS LIC~: DATE OF BIRTH
COLOR' L¢~ TRIM'
TRADE IN __ MODEL
YEAR.__ TYPE'¥%~ ~7,,.:'0 t~' 5MILAGE: (.~
SELLING PRICE
FREIGHT '--'.-"--'
DEALER SETUP & PREP
ACCESSORIES
INSTALLATION
OEALER SERVICES
WASTE BATTERY & TIRE
SUB TOTAL
LESS TRADE ,N VA' ,~E
SUBTOTAL (~% O0
llC TITLE & REG.
TRADE IN PAYOFF'
TOTAL
CUSTOMER SIGNATURE. MANAGER APPROVAL:
REC£'!VED
o 1 8 199
Delray Beach Ocean
To:
Thru:
From:
Subject:
340 South Ocean Blvd. · Delray Beach, Florida 33483 · (561)243-7352
/
Assistant City Manager - Robert~BCnksi
h/
Director of Parks and RecreationS: Joe Weldon
~ach Supervisor - Richard Connell
of Polaris ATV
FAX(561)243-7270
Date: 99
I recommend the
vehicle replacement list.
area regarding the use ofAll'Te~ain'~e .hi.'el6s
Universal Beach Service.
results to ours with the excepfio¢
Counties are using this mod&l
However, after meeting
months on a daily basis on
Pert purchased this his vehici~
approximately $7,500 last;jdar
undercoating and
was well worth the
This vehicle may be
Equipment for ' '
!
:hard Connell
Beach Supervisor
Mo~tel
~Polaris ATV on the
of lif6~&ving agencies in our
~J~ohn Pert owner of
~ ~ '~: of ATVS with similar
and Manatee
Mule for the past 10
Oehicle for our needs. Mr.
and ~'hiler for a thorough
~'additional $350 and
against &~.e_ ~orros~y.,e.~¢anne environment.
c~i'~;i~}~o Pt~}~ and Florida Coast
cc: Assistant Director of Parks and Recreation - Joe Dragon
ref: Document2
Agenda Item No. F,£.~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: January 21, 2000
When: February 1, 2000
Description of item (who, what, where, how much): Staff requests
Commission Approval of the purchase of pumps and related equipment from
Southeastern Pump to be provided by the City in association with the
rehabilitation of Lift Stations llA, 25 and 53. The equipment will be
purchased from our annual contract with Southeastern Pump. Total amount
of this purchase is $25,035.00 and will be funded from R&R Account #442-
5178-536-61.83, Lift Station conversion to submersible.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval of purchase from Southeastern
Department head signature: . {-Z-~-oo
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:{~}/NO
Funding alternatives (i~ applicable)
Account No. & Description~-~-/~-~g~-~L ~% .~--/~'~'/'~.On';-O~";'7
Account Balance .~. /~ O~ ~2{~] ~g/O~ %}7~. ~,
City Manager Review:
ApprovedHold Until:f°r agenda:~/NO~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Di sapproved
file: S: \EngAdmin\Proj ects \ 99\99-036\OFFICIAL\southeaste rn2. ag. 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 ~,
C. Danvers Beatty, P.E.
Deputy Director of Utilities
January 28, 2000
REHABILITATION OF LIFT STATIONS 1 lA, 25 and 53
PROJECT NUMBER 99-036
Attached is an Agenda Request along with a quote for purchase of pumps and related equipment
from Southeastern Pump to be provided by the City in association with the subject project.
Southeastern Pump was awarded the annual contract for the purchase of submersible
wastewater pumps and equipment (Bid 99-19). The quote from Southeastern Pump is for
$25,035.00 and is itemized as follows:
ITEM QUANTITY UNIT COST TOTAL
7 % HP Pump 3 $1,892.00 $5,676.00
15 HP Pump 3 2,319.00 6,957.00
20 HP Pump 3 3,302.00 9,906.00
* BAF Ass'y 6 416.00 2,496.00
TOTAL
* Break Away Fringe
$25,035.00
Funding is from Account #-442-5178-536-61.83, lift station conversion to submersible.
Please place the item on the February 1, 2000 Agenda for consideration by City Commission.
CDB/cdb
Att:
cc:
Richard C. Hasko, Director of Environmental Services
City Clerk
Agenda File
file: S:\EngAdmin\Projects\99\99-036\OFFICIAL\southeastern2.mem.doc
. J~-0~ 00 0~:35 FROM:SUU1M~H~N
SEIq;:O
SOUTHEASTERN PUMP
P.O. Box 100727
Ft. Lauderdale, FL 33310
Phone (954) 781-8400
Toll Free (800) 396-4182
FAX (954} 781-8434
January 3, 2000
City of Delray Beach
Ubhty Maintenance Division
434 South Swinton Avenue
Delray Beach, FL 33444
Attention' Mr. Robert Bullard
Subject' LIFT STATION UPGRADES - L.S. #1IA, 25, 53 PUMP PRICING
Gentlemen:
Per your request, we have outlinecl below the contract materials and pricing for Barnes
Pumps, in accordance with B~d Award No. 99-19 For this project, we are pleased to offer the
following.
.L. ift Station No. 11A
Three (3) Barnes Submersible Sewage Pumps Model 4SE7534L, 7 % HP, Standard
Construction w~th 40 ff. cords, 230VI3/60, 7 ~ -inch impeller
Contract Price ..... $1,892.00 each
Two (2) Barnes BAF Assemblies, BAF-4
Contract Price'.. $ 416.00 each
Lift Station No. 25
Three (3) Barnes Submersible Sewage Pumps Model 4SE15034L, 15 HP, Standard
Construction with 40 ft. cords, 230Vl3160, 8-inch impeller.
Contract Price .... $ 2,319.00 each
Two (2) Barnes BAF Assemblies, BAF-4
Contract Price' .. $ 416 00 each
Lift Station No. 53
Three (3) Barnes Submersible Sewage Pumps Model 4XSE20034A, 20 HP, Standard
Construction with 50 ff. cords, 230VI3160, 10-inch impeller.
Contract Price .... $ 3,302.00 each
Two (2) Barnes BAF Assemblies, BAF-4
Contract Price' ... $ 416.00 each
In addition to the above contract items, we have proposed the ancillary items directly to Murray
Logan Construction.
Please advise us if we may be of additional assistance, or if we may receive your valued
order Please allow 10 weeks for dehvery of pumps for Lift Stabon No 53.
,~hncerelv, -
SOUTHEASTERN PUMP * 1368 S.W. 12th Avenue · Pompano Beach, FL 33069
Agenda Item No. ~.Z.~
Request to be placed on:
X Reqular Agenda
Special Agenda
__ Workshop Agenda
Date: January 21, 2000
When: February 1, 2000
Description of item (who, what, where, how much): Staff requests
Commission Approval of the purchase of .telemetry components to be
provided by the City in association with the rehabilitation of Lift
Stations llA, 25 and 53. The equipment will be purchased from Data Flow
Systems, our sole source provider for telemetry equipment. Total amount
of this purchase is $17,256.00 and will be funded from R&R Account #442-
5178-536-61.83, Lift Station conversion to submersible.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval of purchase from Data Flow
Systems. ~ ~~
Department head signature: ~ ~(~-o~
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: ~NO
Funding alternatives (if applicable)
Account No. & Des~cription~_~x-/~ ,~473& ~/,~ ~.~ ~& ~ ~ ~~J,;
Account Balance ~/~Z ~ -~ ~' ~/~/d~ ~'~P~ ~)
. . ~ ! !
City Manager Review: ~
Approved for agenda: ~E~NO
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file: S: \EngAdmin \Projects \99\ 99-036\OFFICIAL\df s2. ag. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM:
DATE:
SUBJECT:
C. Danvers Beatty, P.EE. ///~
Deputy Director of Ut
u~r~s ~
January 21, 2000
REHABILITATION OF LIFT STATIONS t lA, 25 and 53
PROJECT NUMBER 99-036
Attached is an Agenda Request along with a quote for purchase of telemetry components to be
provided by the City in association with the subject project. Data Flow Systems is the sole source
provider of our telemetry equipment. The total amount of this purchase is $17,256.00. Funding
will be from 442-5178-536-61.83, lift station conversion to submersible.
Please place the item on the February 1,2000 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, Director of Environmental Services
City Clerk
Agenda File
file: S:\EngAdmin\Projects\99\99-036\O FFICIAL\dfs2.mem.doc
January 14, 2000
Data l low Systems, Inc.
Quote No. 000114-01 -dw
Mr. Clayton Gilbert
City of Delray Beach
Fax:(561) 243-7344
Re: Lift Station 1 lA, 25, 53 Rehab
Dear Mr. Gilbert:
Thank you for this opportunity to provide a quotation for (3) three remote terminal units (RTU),
compatible with Delray Beach's existing radio telemetry system, for the above-captioned locations.
The units are offered as ship-only products. Pricing assumes the existing antenna subsystems will
remain. This quotation includes, and is limited to, the following:
(3)
RTU204, included with each as follows:
(1) 316 SS Enclosure
(1) Modular Backplane
(1) Radio Interface Module/radio
(1) RF Pigtail
(1) Pump Control Module
(1) Analog Monitor Module
(1) Power Supply Module
$1,429.00
740.00
1,118.00
33.00
1,065.00
999.00
368.00
Sub Total = $5,752.00
X 3 Sites = $17,256.00
Prices are F.O.B. job site. Lead time is 8-10 weeks ARO. Payment terms are Net 30. This quote will
be honored for 90 days.
Please contact me at 407-259-5009 with any questions or comments.
Sincerely,
Data Flow Systems, Inc.
David S. Walker Jr.
Sales Manager
cus~elray~g~000114quo
Data Flow Systems, Inc · 659 Eau C, alhe Blvd · Melbourne, Flonda 32935 * PH (407) 25%5009 * FAX(407)259-4006
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item
Date: January 24, 2000
When: February_ 1, 2000
Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract
to Chaz Equipment Company, Inc. for Rehabilitation of 17 Manholes along the Southeast Interceptor
Gravity Sewer Main. Total contract amount will be 38,125.00 with funding from R&R Account #442-5178-
536-63.93, Southeast Interceptor.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval ofcontract to ChazEquipment Company, Inc.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (resgi~d on all items involving expenditure of funds):
Funding available: ~__~TNO
Funding alternatives (if applicable)
Account No. & Descriptionqtq~ -.,3"/ qtff ',~,3~,'" ~$. q,3 ,,f ~
Account Balance ~/~(,~. 4zW~ o_~9 ~ 1,,/~7/0(.9 "FPD' r_..)'
City Manager Review:
Approved
for agenda:/YE)g/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\\essrv002\daws~Forms~kgendaReq2000-032 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
C. Danvers Beatty, P.E. ~"~
Deputy Director of Public Utiliti
January 24, 2000
Rehabilitation of Manholes
Southeast Interceptor
Project No. 2000-032
Attached is an agenda request and supporting documentation for the Rehabilitation of 17
Manholes utilizing the "Strong Seal" process for Insitu Rehabilitation. Chaz Equipment
Company, Inc. is the sole source provider for this rehabilitative procedure. We have
used the "Strong Seal" process in the past and have found it to be much more successful
than other Insitu Rehabilitation products. Total amount of this contract is $38,125.00 and
funding for this expenditure is available in R&R Account #442-5178-536-63.93,
Southeast Interceptor.
Please place this item on the February 1, 2000 Agenda for consideration by City
Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Howard Wight, Deputy Director of Construction
Allison MacGregor Harty, City Clerk
Agenda File
U.\wwdata~iemo~Project 2000-032 doc
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I I ~ % .......... ~ ~-~ ~!--~-* ~-~ "-¢
, ~;. ~ =~ :-,~:~--~---~ ; ~ ~, ! ~ , iii
~4 -_---: .... ~r--~-~T'~~ Ir~ ~
-~ .... ~ ~'";'~'~ 'f 'F b~-~ b~'~ ~ ~ , ~ ;~t
ii .~'~fl ~ .... i ~::~-4~1~'--'~ ~'~ .- ~ ~ ~~-~=~-~-'~,
~ ~ C~ of DELRAY BEACH MANHOLE REHABILITA~ON
~~ ~ ~~ SOU~ EAST
~ ~ ~ A~ ~Y ~ ~ ~ 2~0-0~2
FROM : CHez E~u~pmcnt
CHAZ [[QUIPMENT COMPANY, INC.
~ FAIRLANE I"ARMS ROAD #16
WELLINrOTON, FLORIDA 33414
FAYX NO. : 15613332180
PROPOSAL
Jan. 24 2~0 Og:42RM P2
Page I~o, ~
of 1 Pag~
PROPOSAL SUBMITTED TO' PHONE IDATE 01124/00
NAME SCOTT SOLOMON, CITY OF DELRAY BEACH JOB NAME MANHOLE REHAB
434 $, SW1NTON AVENUE STREET
STREET
cgY
STATE
·
DELRAY BEACH
FLORIDA
~ITY
JSTATE,
We hereby subma st~cifications and estimate for'
MAN-HOLE R~-HAB
SOUTHEAST INTERCEPTOR
Re-hab 113, vertical Feet of Manholes at a Unit
Price of $275.44 per Vertical Foot
Total: $31,125.00
NOTE: Contingency Price
Replace maximum of ten (10) manholes, ring
and cover, where designated by City a~ a
Unit price of $700.00
'.~.-,otal: $ 7,000.00
We hereby propose to r~n,i~ labor and materials - ¢ompl~e in accordan~ with the above specilicalion$, for the sum of
THIRTY-EiGHT THOUSAND ONE HUNDRED lINEN'fY FIVE dollars ($ 3 8 · 1 2 5.0 0 ) with payment to ix: made as follows'
All rn~fial iR g,x~'~ to bc ~,,t *.l~cilie4. All ~ to ~ ~ed in a workm~i~ke ~ a~ding to ~ ~aai~ ~ya~a~ wd~iat~
a~s c~t u~ ~tkes, a~d~t or dclmys ~d our c~ml ~is ~l ~bjc~ h~ ~a~ w~ 15 ~ ~ it is ~o~ ,
pre~!~~ --
ACCEPTANCE OF PROPOSAL
The above precis, spe~i£~.ation~ and comlitiona arc hereby accepted You ,arc auth~m~ed ~o do thc work as ~p~ilkx[ Payment will be
as outlined above
AC CEFI ED:
DA TE o~ r'Z4/o0 $ianatu~e
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item ~'. L./o
Date: January_ 26 2000
When: February_ 1, 2000
Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract
to Shenandoah General Construction Company for Cleaning and Television Survey. The unit prices for this
work are from the Broward County Contract with Shenandoah Construction Company. Total Contract
amount will be 18,300.00 with funding from R&R Account #442-5178-536-31.90, Other Professional
Services.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of a Contract to Shenandoah General Construction
Company.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re,.q~d on all items involving expenditure of funds): Funding available ~lqO
Funding alternatives-
(if applicable)
Account No. & Description ~c9
Account Bal~ce ~ ~ 0 Ha ch e ~ Oo ~ hada rq ~ ~ ~ ~ ~/~ ~o~
CiW M~ager Review:
Approved for agenda: ~0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\\essrv002\dav~s~Forms~gendaReq - Sewer Joints.doc
ff./-.6
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
C. Derivers Beatty, P.E.
Deputy Director of Publi, c-~:~ibe-'~--~
January 26, 2000
Sanitary Sewer Television Survey
2000 Roadway Bond Projects
Attached is an agenda request and supporting documentation for a Contract to
Shenandoah General Construction Company for cleaning and television survey of
approximately 15,000 L.F. of sanitary sewer main. This information is required as part of
the design work for the 2000 Roadway Bond Projects. Unit prices from the Broward
County Contract with Shenandoah General Construction Company will be utilized in
accordance with proper purchasing procedures. The total amount of this Contract is
$18,300.00 and funding is available in R&R Account #442-5178-536-31.90, Other
Professional Services (Budget Transfer attached).
Please place this item on the February 1, 2000 Agenda for consideration by City
Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Mike Offie, Manager of Water/Sewer Network
Scott Solomon, Supervisor of Water/Sewer Network
Allison MacGregor Harty, City Clerk
Agenda File
F'\wwdataWlemoX2000 Roadway Bond Project doc
O2:32P
Shenandoah
August 18, 1999
Const. 954 975 0098 P.O2
Purchasing Division
115 S Andrews Avenue, Room 212
Fort [ ouderdole. FL 33301
(954) 357-0005 · FAX (954) 357-~535
FE1#591707673 0
Shenandoah General Construction
1888 N.W. 21st Street
Pompano Beach, FL 33069
Reference: Bid #C49908481 for Sewer Main Cleaning, Grouting and Video Taping
Gentlemen:
This is to confirm that the Board of Codify Commissioners at its meeting held on
August 17, 1999 under Agenda Item No. 25 has conditionally accepted your Bid on
the above-referenced solicitation.
A Bid tabulation of all Bids received is enclosed, with item(s) awarded to your firm
underlined.
The Contract is in effect for the period beginning August 17, 1999 and ending August
16, 2000. Purchase.Order(s) will be placed as and when required.
A copy of this Notice, with a copy of your Bid, including all terms and conditions, is
being forwarded to all Using Agencies.
Thank you for your interest in doing business with Broward County.
Sincerely,
GLENN R. CUMMINGS, Director
Purchasia,~si~on- ~
~'rnd'Adler, PA: I!~
Purchagin~ Agent Spec
BID/LETTER 2/spg
IIIOWARD COUNTY ~OAIiD OF COIJNrY COMM~,~.~K)N~R~ -- A~I E~,OI OI3DOiiunlh/ Em~to¥®~ and P,ov4g:le~ e4 Se~4ce$
Wmid WIcle Web hflp*l/www co.l~owcnd.fl ustpurchoslng
',J~n-24-O0 02:32P Shenandoah Const. 954 97§ 0098
SEWER MAIN. CLEANING, GROUTING AND VIDEO TAPIN(~
BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
TO;
P.O3
ADDENDUM #1
MAY 11,1999
ALL BLANKS IIAVE BEEN FILLED IN, BID SHEET IS ATTACHED TO THE COMPLETED "INVITATION FOR BID" AND
RETURNED HEREWITH.
IN ACCORDANCE WiTH ALL TERMS, CONDITIONS, SPECIFICATIONS*AND REQUIREMENTS, THE BIDDER OFFERS THE
FOLLOWING:
GROUP 1 (ITEMS 1 THRU 26)
ESTIMATED
ITEM ANNUAl. COMMODITY CODE
NO.
1. 165,000 FT.
UNIT TOTAL
-' PRICE PRICE
#925610020001
SEWER CLEANING IN §" - 12" PIPE
ESTIMATED DAILY WORK 2000 FT,
90% 8" PIPE 80% BACKYARD EASEMENTS $
· $9~ /FT.
2. 112,000 FT.
#925840010001
VIDEOTAPINGOF SEWER MAIN 6"-24"
ESTIMATED DAILY WORK2000FT. 80%
BACKYARDEASEMENTS
$ .63~ /FT. $ 70 560.00
3. 10,500FT.
#925610020002
SEWER CLEANING IN 15" TO 24" PiPE
ESTIMATED DAILY WORK LESS THAN
2000 FT.
$ .$5~: /FT. .~ 5,775..00
4, 5,500
#925640010001
VJDEO TAPING OF SEWER MAIN 6" TO 24"
FOR ENGINEERING INSPECTIOH ESTIMATED
DAILY WORK 1,500 FT.
$ :2~C_/FT. $ 1,375.00
#925610030000
5. 140HRS. CLEAR OBSTRUCTION OR BLOCKAGE $ 1:L9.00 /HR, $. 16,660.00
#925610040000
§. 25 CALLS EMERGENCY CALL OUT DAY OR NIGHT FOR
ALL CONTRACT ITEMS, RESPONSE
ONE (1)HOUR. $ . .0LCICALL $
NAME DFBIDDER Sheaandoah OeneraZ Connt~uettnn C~m.nnn¥ ,
NOTE TO PROSPECTIVE BIDDER:
BE SURE rD IfA VE THE INVtTATION FOR BID, [BIDDER ACKNOWLEDGMENT (BLUE) FORMJ SIGNED B Y A N A U TH ORIZED
~MM/IIItFPB01
ICOV-SSA.BID
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item ~. L. 7
Date: January 25, 2000
When: February 1, 2000
Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract
to Shenandoah General Construction Company for Emergency Repair of Joints along 1200 L.F. of 15"
Gravi _ty Sewer Main. The Main is located within the Alley between N.E. 62 Avenue and N.E. 7th Avenue
from Atlantic Avenue to N.E. 2nd Street. The Unit prices for this work are from the Broward Coun_ty
Contract with Shenandoah Construction Company. Total Contract amount will be 23,860.00 with funding
from R&R Account//442-5178-536-63.51, Sewer Mains.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of a Contract to Shenandoah General Construction
Company.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re, flai~d on all items involving expenditure of funds):
Funding available. ~,,~,~O
Funding alternatives (if applicable)
Account No. & Description 4t4/~ ,5'7 qg ' cY,36, ~,._?. ~;] ~e~c~ /'~a, A,5
Account Balance4~/,ff~o, ~R l /~6I ~ 0 ~ '
CiW M~ager Review: ~,~
Approved for agenda:
Hold Until:
Agenda Coord~ator Review:
ReceNed:
Placed on Agenda:
Action:
Approved/Disapproved
\\essrv002\dawsWormsXAgendaReq - Sewer Joints 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
C. Danvers Beatty, P.E
Deputy Director of PubliCTUti~
January 25, 2000
Emergency Sanitary Sewer Joint Repair
Attached is an agenda request and supporting documentation for the Emergency Repair
of approximately 400 joints along 1200 L.F. of 15" Gravity Sewer Main. The Main is
th th
located within the Alley between N.E. 6 Avenue and N.E. 7 Avenue from Atlantic to
N.E. 2® Street. The existing joints are infiltrating and are causing severe pavement
deterioration within the Alley. By grouting the joints we will reduce the infiltration and loss
of material below the pavement surface, which create depressions in the Alley. This
work will be done utilizing unit prices from the Broward County Contract with
Shenandoah General Construction Company. The total amount of this Contract is
$23,860.00 and funding is available in R&R Account #442-5178-536-63.51, Sewer
Mains.
Please place this item on the February 1, 2000 Agenda for consideration by City
Commission.
CC.'
Richard C. Hasko, P.E., Director of Environmental Services
Mike Offie, Manager of Water/Sewer Network
Scott Solomon, Supervisor of Water/Sewer Network
Allison MacGregor Harty, City Clerk
Agenda File
U'\wwdata~lemo\Sewer Jo~n Repair doc
Jan-Z4-O0 02:32P Shenandoah Const. 954 g75 OOg8 P.02
Augu~ 18, 1999
t 15 $, Andrews Avenue, Ro(x~ 212
tort ~ aud~'dale, t:L 33301
(q54) 357-b0~5 *, FAX (95~) 357-~535
FEI~Sg17'07673 0
Shermndo~ Generd Construction
11~8 N.W. 21M Street
P~ IM~h, FL 33069
Reference: Bid ~,499084B~ for Sewer M~in Clem'~ing, Grouting wid Video T~ping
GenUemen:
Thil il tO COl'~irm this the BolrcI of Cc)~y Commissioners et its meeting held on
August 17, 1999 urtder AOef'tdm Item No. 25 hie conditionally eccepted your Bid on
Ihs Ibove-refmenced K)li~Mion.
A Bid tebulltion of ell Bidl received is encloled, with Item(s) ~verded to your firm
The Contrect t~ In effect for the period beginning August 17, 1999 and ending August
16, 2000. Purchue.Order(s) w~ll be pts,,ed It end when required.
A ~ of INs Notice, with I! co~ of your Bid, including ell terms end conditions, is
being forw~ded to MI Using Agencies.
Thw~ you for your interest in doing bu$1ne~ with Brov~rd Count),.
Sincerely,
GLENN R. CUJdMING$, Direc(or
purche Agent spec.
BID~.ETTER ?./'Sl~
SCOff I Cowall ~ N Gur~'jf(~ Krllfll't D, JCl~Obl ~ Llebem~ar~ Loft Non,..p_P?,_rlsh_. Jol*ln E R0al, tr0rrl,
ITEM ANNUAL COMMODITY CODE UNIT
NO, QUANTITY DESCRIPTION PRICE
?. 250 JOINIS
GROUTING OF LEAKING JOINTS
B, 20 JOINTS
#g2S8100510002
GROUTING OF LEAKING JOINTS
IN 15" - 18" PIPE
10 JOINTS
#928010060003
GROUTING OF LEAKING JOINTS
iN 24" - 30" PiPE
10, 20 MANHOLES
#g25610012001
GROUTING OF LEAKING MAN-HOLES
O' - 6' DEEP
11. 15 MANHOLES
#920&I0012002
GROUTING OF LEAKING MAN-HOLES
6' - 12' DEEP
12. 5 MANHOLES
#g2Salm)12003
GROUTING OF LEAKING MAN-HOLES
12' AND DEEPER
13. 50 LATERALS
#826810014000
GROUTING OF LEAKINO LATERALS
14. 10,000 LIN. FT.
#9~5tt0018001
CLEANING 12" - 24" STORM BEWER
15. 10.000 LIN. FT.
~258t001GG02
CLEANING 30" - 42" STORM 8EWEfl
16. 10,000 LIN. FT.
#925610010003
CLEANING 48" - 60" STORM SEWER
17. 10,000 LIN FT.
NAMI Ofr IIDDER
#826610010004
CLEANING 66" - 72" STOI~ SEWER
NOTE TO PROSPRC TIV~ ~IDDER:
OO98
$~EA.
$._._ 58.00/EA.
$ 39;OO/EA.
$ 10. O0/EA,
997.00 1EA.
$ , 2.50 /FT.
ADDEHDUM
MAY 11. tOOl
TOTAL
PRIGE
$~
$ L, 160.0.0
390
$ 200, O0
$14,500:00
$ 25,000;00
3.00 /FT. $,30,000.00
3.00 /FT. $~0,00,0.00
A,A/tlllll 1 ll/PlOl
IGG¥.IIA BiO
TO:
&EWER MAIN. CLEAHING. GRQUTING AND VIDEO T~PING
BOARD OF COUNTY COMMISSIONER8
BROWARD COUNTY, FLORIDA
AODINDUM #1
BID ~
ALL IL&NI(I Ii,Vi IEtN FILLED IN. BID SHEET IS AITAGHED TO THE COMPLETED "INViTA?ION/:ON BID" AND
I~ITIJlUilD HIItEWITH.
JN ACP,,ORDAIK:! W~TH ALL TEAMS, CONDITIONS, SPECIFICATIONS'AND REQUIREMENTB, THE BIDDEN OFFERS
flX.LI)W.40:
GROUP 1 (ITEM8 1 THRU
ESTIMATED
iTEM ANNUAL
N~O. q.UANTITY
1. 185,000 FT.
1'
COMMODITY CODE
DESCRIP. TION
g2561oozo00'
UNIT TOTAL
PRICE PRICE
SEWER CLEAHII~ IN 6" - 12' PiPE
ESTIMATED DAILY WORK 2000 FT.
90% 8" PIPE ~)°/e BACKYARD EASEMENTS $---.---~,,~T.
97,350.00
2. 112,00o FT.
if/g25840010001
VIDEO TAPING OF SEWER M~N 5" - 24"
ESTII~TED D~L'Y WORK 2000 FT, 80%
$ .63~_../FT. $,_J~
3. 10,500 FT.
SEWER CLEANING IN 16" TO 24" PIPE
ESTIMAIED DALLY WORK LESS THAN
2000 FT.
4. 5,500 FT.
#~26B40010001
VIDEO TAPJHG OF SEWER M&JN 8" TO 24'
FOR ENGINEERING INSPECTION ESTIMATE
DAILY WORK 1,500 FT.
5, 140 HRS.
#92S81003QQOQ
CLEAR OBSTRUCTION OR ~LOCKAGE
25 CALLS
N~2SSIO0400O0
EMERGENCY CALL OUT DAY OR NIGHT
ALL CONTRACT ITEM~, RESPONSE
ONE (1) HOUR.
NAME OF BIDDER ..
NOT~ rD PROLi~CTIv~
BE SURE rD flA VE THE INVITATION FOR BID. [BIDDER ACKNOWLEDGMENT
$ ].~.9 :,0O /HR. $
$.~----~Q,I.~/CALL $ , .2.~.
FORM) 3~NED B Y A N A U TH DRIZED
RiV~tlO P~Ol ? o~ 31
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__. Special Agenda
__ Workshop Agenda
Agenda Item ~', 1-' ~
Date: January 25, 2000
When: February 1, 2000
Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract
to Colonna Asphalt Restoration, Inc. for miscellaneous asphalt repairs and patching as a result of utility
work within paved areas. Unit prices are based on an existing Broward County Contract with Colonna
Asphalt Restoration, Inc. Total Contract amount will be 30,000.00 with funding from R&R Account #442-
5178-536-63.90, Other improvements.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of a Contract to Colonna Asphalt Restoration, Inc.
Depamnent head signature: ~~. ~)
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available(YEfltNO
Funding altemative~g'- (if applicable)
Account No. & Description 442-5178-536-63..90 Other Improvements
Account Balance See attached copy of budget transfer for $30,000.00
CityManagerReview: ~/NO ~ ~,0.[
Approved for agenda:
too
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\\essrv002\daws~Forms~gendaReq - Asphalt Patching 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
C. Danvers Beatty, P.E~~
Deputy Director of PublidUfilitTes
January 25, 2000
Asphalt Patching for Utility Repairs
Attached is an agenda request and supporting documentation for miscellaneous asphalt
patching as a result of utility repairs within paved areas. We have exhausted our
operating budget for this line item and anticipate the need for an additional $30,000.00
for the remainder of the year. The work will be done utilizing unit prices from the
Broward County Contract with Colonna Construction. Colonna has been very responsive
to our request for roadway patching and have provided a quality job. Funding for this
expenditure is available in R&R Account #442-5178-536-53.90, Other Improvements.
Please place this item on the February 1, 2000 Agenda for consideration by City
Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Mike Offie, Manager of Water/Sewer Network
Scott Solomon, Supervisor of Water/Sewer Network
Allison MacGregor Harty, City Clerk
Agenda File
\\essrv002\daws\wwdata~Vlemo~ksphalt Patching doc
5612437166 CITY OF DELRAY BEACH 966 P02/08 JAN 24 '00 15:47
Colonna
Asphalt Restoration, inc.
1100 S. Powerline Road · Suite 110
Deerfield Beach, Florida 33442
(954) 571-8740 · Fax (954) 571-8742
Toll Free 1-888-Colonna
Contract A~reement
This Agreement made thc . .. day of . , 1999,
Between the Contractor: Colonna Asphalt Restoration, Inc.
1100 South Powerline Road, Suite 110
Deerfleld Beach, FL 33442
and the Owner: City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
For the Following Project: "Concrete & Asphalt Maintenance Contract for City of Delray Beach"
Witnesseth, that the Contractor and the Owner for the considerations named agree as follows:
Article I, Scope of Work
The Contractor shall execute thc following Scope of Work destructed in thc Contract Documents, including
all labor, materials, equipment, services and other items required to complete The Scope of Work, except
to the extent specifically indicated in the Contract Agreement to be the responsibility of others:
Article 2, Time of Completion - Time k of the F-Menee.
Article 3. The Contract Price
The Owner skal] pay the Conwa~tor for the material and labor to be performed under the Contract based on
the attached unit price lists for both asphalt restoration ( Attachment A ) mid concrete restoration
( Attachment B ) pursuant to any authorized change orders.
Article 4. Progress Payments
Payments of the Contract Price shall be paid in the manner following:
Net 30 Days.
5612439166 CITY OF DELRAY BEACH S66 P03/08 JAN 24 '00 1S:40
Colonna
Asphalt Restoration, Inc.
1100 S. Powerline Road · Suite 110
Deerfield Beach. Florida 33442
(954) 571~8740 · Fax (954) 571-8742
Toll Free 1-888-Colonna
Article 5. General Provisions
Any alteration or deviation from the above specifications, including but not limited to any such alteration or
deviation involving additional mat~'rial and/or labor costs, will be executed only upon a written order for
same, s~n~l by Owner ~nd Contr~e~r. and ifthere is any cl~r§e for such al~ation or deviation, ~e
additional char~ will be added to the contact price of this contract.
If payment is not made when due~ Comractor may suspend work on the job until such time a~ all payments
due have been made. A failure to make payment ibr a period in excess of Fiv~]a2/s from the due date of the
paymen~ shall be deemed a material breech or,his contract
[naddition, the following §eneral provisions ~pply:
1. All work shall be completeed in a workman-I~e manner and in cornpiiance with all building codes and
other applicabl~ laws.
2. To the extent required by law all work shah be performed by individuals duly licensed and authorized by
law to perform said work.
3. Contractor may at its discretion engage subcontractors to perfo~ work her~tu-~der, provided Con,actor
shall fully pay said subcontra~or and in al! instances remain responsible for the proper completion of
this Contract.
4, Conmtctor shall furnish Owner oppmpriate releases or waiv~ of lien for ell work performed or materials
provided at the time the next periodic payment shall bc due.
$~ All Change Order~ shall be in writing sad slg~ed both by Owner amd Contractor, and shall be
incorpor~t~l In, and become a [mr~ of the eomtr~et
6~ Contractor warrants i! is adequately insured for injm~ to its employees and others incurrin~ loss or injury
as a result of the ac~s of Col~lractor or its employees or subcontractors.
7, All permitting/permits, ~ting fees and required inspections/inspection fees ar~ to be paid for by others
unless otherwise stated and al~reed upon by contractor and owner for specific jobs and is not include~l in
the price of this conu'act.
8~ Contractor agrees to remow all debris that is a r~ul! of biz scope of work.
9, In ~he even~ Owner shall fail to pay any periodic or installment payment due heretmd~r, Contractor may
cease work without breach pending l~Ym~nt or resolution of any dispute.
I 0. All disputes hereunder shall be resolved by bi~ding arbiffa~ion in accordance with rules of the American
Arbitration Association.
I I. Contractor shall not be liable for any delay due to cu'cumstances beyond itz contro~ including
strikes,casualty or general unavailability of materiais~
12. Contractor warrants all work for a period of 12 months following complelion~
Owner: Contractor:
Signature & Date
Signature & Date
Printed Name / Title
Printed Name / Title
CITY OF DELRAY BEACH g6~ PO6/OB SAN 24 '00 iS:4g
CON'it'R~CT
A&~'eeme,'t mnde arid e,lered into this October 3o. lggS, by
1100 $o~0~ Powerlllm .Ro.qd Suite 1[ if}, ~:ett'Jcld Beach, ~:toricl.q -'t3442, herci~i re'Totted Io .-'Is thc
"Co,~ractor" a,~d The City of Dclray Bear. h. hereil~ referred lo as tile "City".
C',onlracto/hcx'cby .q&rccs to trnltsf'cr nltd deliver nil Inber. material nlld ~ulpmcnt rot lbo City as i,ecded
an7 ~ncrel~asphalt ~teh~rk ~thi, the City o~ ~kay ~ach ~ivcn to the ~tractor ~ tile City via
The CJly agree.~ lo pay For tile walk performed by the Contractor within 30 dqys or the date of the invoice
which thc City recciv~ fYom file Co~ltractor.
The City q~a~ the ril~lt to examine tile work peri'errand upon
~cr t]le ~qy ~ ~mpletio, to noti~ ~ho ~nlractor ~y claim ~or ~qma~ or una~p~Qblc ~rk on a~oufll
~ the ~ndRio~L ~e or qtlalily ~ ~r~. Tha~ ~aid ~oti~ m~,st ~c~cally set ~o~]~ tlxe bnsi~ ~ ~s claim.
~[ly Thc b~sis
This contract sltalt "pilgD' 1~'~ck" tl~c contract flint tl~e Contractor already has tlr place wJ0x Elrownrd County
and is Sand £or a period o{'(J) year fram the date af this contract. Tile pHc~s are a~ Fellows:
el[ICE
913670200O tO
ROAD COiqSTZ[UCT[ON.
SIDEWALK, R~MO V~I./RJ~pL, A CE[M ENT
RPJv~OVB &: RBPLACB StDEW/Lt,K. I TO I S
S¥.
SY 108.00
~}1367020;0020
91367020~030
ROAD CONSTRUCTION.
SLD~W.&L~ R P--~ O VAL/R~PL, AC~MJE:LNT
30 SY
ROAD CONSTRUCTION
SlDEWALg: R EMOV.~L/RBPL ACta-M e NT
~EXvfOVR ~ KEPLAC8 S~BW~K, ~ I TO
50 SY.
SY 4o. os
37.80
9136702OO040
ROAD CONSTRUCTION
~IDBWALK RB.MO VAL/~.EP, LACE M ENT
REMOV~ ~ ~p~ ,ACe 8tO~WAbK, ~1 TO
70 SY.
SY 35,$S
5612437166 CITY OF DELR~Y BE~CH 966 PO?/OB Z~N 24 15:D0
91367020005o
91362o01do01
9]3620010002
913620010004
913620010050
91362001005~
913620O10053
9136200l~051
913620010~S4
913620010'055
91362001~061
~136200(~o62
913620010~0
~136200J0~?1
ROAD CONSTRUCTION
SrDI~WALK
RI~4OVI~ ~ K~PLACE SIDEWALK, 7 t TO
! ~ SY. SY
TEM~RY PATCH U~G COLD
ASP~TIC ~, t" DF~ SY
T~O~RY PAT~ US~G ~LD
AgPHALTIC MIX, 1.5" LEAH. SY
TEM~KY PATCH USING COLD
ASPHALTIC MIX, 2" D~H.
~DRR 72 HOURS,
1" COMPARED ASPHALT 'TYPE ~3" SY
1.5' CO~ACI'~D ASP~T 'TYPE S3' 8Y
2' ~MPA~D ASPII~T '~ YPE SY' SY
~" ~MPA~ ASP~T ~Y~ SV' 8Y
1.5" COCA,ED ASPH~T 'TYPE S I" SY
2" COMPA~ A~LT '~YP~ SI" SY
~JM~ ~AT, ~U~IffIED A~F~LT ABP
TACK ~AT, ~M~FIBD ASP~L~ ~P SY
G~DE · ~ACT ~~O J.~
BAE~ ~ E~PARATION FOR PATCHING
D~LI VER CLEAN BACK, FILL & ~MPA~
DELIVB~ G~DE, COMPAC~
~K aA~ r' D~a s V
32.85
27.00
29.2-';
275.00
]2 60
13.50
14.85
13.50
14.25
IS.?S
4,.50
I$.Oo
12,60
56124~7166 CITY OF DELRAY BE~CH 966 P08/0B JAN 24 '00 15:50
~ ._D. 1CS CR I I~_iON ILl NIT
913620O 10072
91362001~073
9J3620010074
DBLIVER. QRADE~. COMPA~r LIME
ROCK BASF~ I0" DI~PTH
DELI VE~, GRADE, COMPACT LIME
ROCK BASP~ 12" DEPTII
DIaLIrVW-,R, OKADE. CT)MPACT LIME
ROCK BA$1~ 20" DEFT~I
~RICe
SY 13.50
SY 16,20
SY 22.50
T~J$ ,qgrec, mei~l has la:Ch executed ht dupllcale, ~hereby bath thc Cily ~qnd (11c Cottlracior will be provided
u~ith e~pi~ once thi~ doculnent has been fully executed,
This =grce. nlcnt is hereby accepted by:
C2ontr~¢~or "
The City of De,ray BeaCh
City
Tillc
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda
Agenda Item ~" ]''' c~.
Date: January 25, 2000
When: February 1, 2000
Description of item (who, what, where, how much): Staff requests Commission Approve a Contract
addition to Metro Service Consultants, Inc. for Fire Hydrant Repair in the amount of $30,000.00. This
purchase was included in the budget for fiscal year 1999/2000 and funding is available from W&S Account
#44 I-5123-536-34.90, Contractual Services.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Contract to Metro Service Consultants, Inc.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available. ~.SfNO
Funding alternatives
Account No. &Des. cription 2¢6t/~ ,~/~..3 -'ff'3(-a" ,3~, qO
AccountBalance,O~t, q/(~/ ]gD. 64 ~ ~ 1/~1~
CiW M~ager Review:
Approved for agenda: ~O ~
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
F-~ormsLA_gendaReq -Ftre Hydrant 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
C. Danvers Beatty, P.E.~--'~,~
Deputy Director of Public'Utilities
January 25,2000
Fire Hydrant Repairs
Attached is an agenda request and supporting documentation for award of a Contract
addition to Metro Service Consultants, Inc. for miscellaneous fire hydrant repairs in the
amount of $30,000.00. Metro Service is currently under contract for the cosmetic
restoration of the remaining fire hydrants in the City and is the company which conducted
the original fire hydrant audit. Funding was budgeted in FY 1999/2000 from Water
Distribution Operating Budget for the mechanical repairs identified in the original audit.
The mechanical repairs associated with the fire hydrants are somewhat specialized and
no local contractors are experienced in this type of work. Metro Services is familiar with
the needed repairs and is already on site, therefore we are proposing this contract
addition. Funding for this expenditure is available in Water and Sewer/Water
Distribution Account #441-5123-536-34.90, Other Contractual Services.
Please place this item on the February 1, 2000 Agenda for consideration by City
Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Mike Offie, Manager of Water/Sewer Network
Allison MacGregor Harty, City Clerk
Agenda File
\~ESSRV002\daws\wwdataLMemo~F]re Hydrant Repairs doc
~' ' '! °81/25/2~00 11:30 28i-45v-2419 HET~O SERVICE CONSUL PAGE 82/82
25, 2000
Bonnet Reworks
Extensions 12" or Greater
For a total of
Send via Facsimile: 561/243.7060
Mr Michael S. Offie
Manager of Water & Sewer Network
Public Utilities
Ctty of Delray Beach
434 $, Swimon Avenue
Dclray Beack, FL 33444
1~ Fire Hydrant Repairs
Dear Mr. Offie.
Metro Service Consultants, Inc. is pleased to quote the City on the following fire hydrant repairs, as
reflected in your recent audit,
$24,540.00
$5460.00
$30,000.00
Should you have any questions o£concerns, do not hesitate to contact me at 800.64l. 2032 anytime,
I remain,
bfma C, Modlin
METRO SEKVICE CONSb-LTANT$, INC.
WEB CERTIFIED BY THE CITY OF HOUSTON & THE CITY OF AUSYIN, TX
· P.O. Box 148 Channelvtew, TX 77530 * 281-4§7-24D4 * FAX: 281-457-2419 *
AGENDA ITEM NUMBER: 8./- . lC)
Request to be placed on:
AGENDA REQUEST
Date: January 27, 2000
XX Regular /Agenda
Special Agenda
Workshop Agenda
When: February 1, 2000
Description ofagendaitem: Request approval to purchase playground equipment for
Pompey Park (including installation and removal and disposal of old playground
equipment) from GameTime for a total amount of $58,955 to be funded out of
account #334-4172-572-63.04.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO x
NO x
Recommendation: Approval.
Department Head Signatur.: ~:~_~ ~.~/
Determination of Consistency ~h Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes V/ No
Funding alternatives: (if applicable)
Account Number: ~.3 z_/_ ~Z'/~ - ~ ~'~:~ -~,,,.,~,, O Zj
Ac countDescription: ~e~t ~ ~/~.~/r~oCtr~ (~.
Account Balance: ~' (~. ~(30~ ~ !//~'7'1OO ~ 'C~'
City Manager Review:
Approved for agenda' ~") ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
[lTV I]F I]ELRRV BERgH
DELRAY BEACH
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORANDUM
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Playground Equipment for Pompey Park
DATE: January 27, 2000
Attached please find a quote sheet from Gametime, Inc. for the purchase
and installation of Orbiter One playground equipment for Pompey Park.
The quote sheet is for the playground equipment and installation of Fibar
material as a safety cushion underneath, and play curbs around the Fibar.
These items are on State contract. The State contract number for the
playground equipment is 650875, and the State contract number for the
Fibar material is 650876. Additionally, they will remove and dispose of
the existing playground equipment at Pompey Park for $2,600. The total
amount of the project is $58,955. This is to be charged to account #334-
4172-572-63.04 of which $60,000 was appropriated in this year's budget.
A public hearing was held at Pompey Park on September 16, 1999 at 6:00
PM, and the Orbiter One was the choice picked for playground equipment.
Additionally, we have applied for a grant from Florida Recreation
Development Assistance Program to cover the costs of the playground
equipment, installation and other materials. We will not have a decision
on the grant until May, 2000. If approved, the money will be available
for reimbursement on July 1, 2000. However, if the grant is approved, we
can proceed with the project because the grant is retroactive for one
year prior to the date of the Governor's signature.
I have enclosed a picture of the playground equipment and information
concerning the Fibar material for review. Please place this on the
February 1, 2000 agenda for City Commission consideration.
DJ'°lree~c~olrd°~f Parks and Recreation
Attachments
Ref:pplagnda
THE EFFORT ALWAYS MATTERS
360~
POLY
SL[0E W/
CANOPY
BAR
~VERHEAO
LADDER
Enriching Childhood Through Hay.
Datc: 1 I/3/1999
Ouoto #: 99112113
Qty part #
I 11137M
I ~,789
14 3791
21 3783
GameTime
c/o Dominica Recreation Products
P.O. Box 520700
Lonewoo& FL 32752-0700
Phone: 407-331-0101
Fax: 407-331-4720
Proposal for OameTime Equipment
Ship Zip:
City of Ddray Beach
Revision 10.18.99 ! 11.2.99
Mr..Ioo Weldon
Per your request of 7.29.99
Delray Beach, Fl 33444
Des~ripti0n
Orbitor-C)ne Modified Modular
Accessible Plavcurb Black
Curved Plavcurb Pkg-Black
Plavourbs - Black
Totals for Quote # 99112113
33444
Phone: 561-243-7251
Fax: 561-243-7268
Weight Unit Price
8,185.0 45,700.00
160.0 395.00
308.0 53.00
462.0 47.00
End of Line Items
9, I 15.0 lbs. Sub Total:
Deduct in accordance with State of Florida SNAPS Contract #650875.
Freiv_,ht:
E~endedPrice
45,700.00
395.00
742.00
987.00
$47,824.00
$7,174.00 -
$2,354.00
OameTime & PlayCurb Installation add: $7,210.00
Total GameTime Equipment & PlayCurbs delivered & installed: $50,214.00
2,972 Sq. Ft.
FIBAR System 100 Accessible Surfacing Materials
12" depth with 7 36' x 36" Black Rubber Wearmats
Delivered & lastalled above grade
GRAND TOTAL Materials Delivered & Installed indudlng FIBAR:
I Removal & Disposal of existing equipment. Consisting of:
I Hill-N-Dale Platform Climber
I GameTime SpaceNet Climber
1 4 Place Swing Frame and
I Platform Climber with attached tire swing to include ad_d:
Please Note!
Due to recent interpretation in the IPEMA certification the I 1137 Modular Unit layout was
revised slightly.
Installation does not include site preparation services.
$2,600.00
$6,141.00
Sales Tax Exemption Certificate # (Sales Tax will be added unless number is provided)
Prices are fLrm for 30 Days. Orders will ship approximately 35 days after receipt of order. Acceptance of this quote
indicates your agreement to OameTime's Terms which are: Payment in full with order or NET 30 Days Freight On
Board Shipping Point with approved credit.
Customer's Signature Date
IRN-26-L~00 16:~0 DRP 40? ~3!4920 P. ~4/~
lllf~t m~tly ie Fiber!
It is an engineered shredded wood fit:re.
Why not Just Install wood chips?
The U.S Department o! Inter,or (~1) has O~ermmed ~a~ wood
chips are not cobs'dared an accessible p~ay~rou~ surfKe
h Flbar ecc~elble?
F,,bar me.ts the proposed regulations of ;he Amen~ns with
Dba~lltl~ ~t, ~e U.5. Document o~ I~terlor ~) has also ruled
that w~ ~bre ~u~aces are accessible provid~ there Is proper
dra~na~ arid they are ~nstalled earthly. All F~bar Systems ~
m~t t~ose requlremen~s. (CopF of DOI lelt~ avadab,e ~e request )
Hm burning been · probit?
No, bJrmng has not been a problem Ftammabdsty test results are
avadab'~e from the home oqice,
W#M If broken lla~s fells on the Fiber suefoce?
Broken glass and deb.s ty0;cally stay on top OF the Flioar They are
easily r~moved by raking
Why epond moro for · Fiber Sy~lem!
A K~bar System ~as benefits that Iook. a,ike5 don'~:a 12-year
wart·my (~O0 System); $10,000,000 ~rod-c~ I~abilny ms~ra~¢e
F~b~r ~s successful because ~ mcluc~e~ a al,nOnage system that is
speoally ~esi~eed f:;r playgrouKd~ (The DOI says the( good
How le~ does Fiber lest~'
Fiber System ~00 ~s gu·ran;end to perform for 12 yearn, provided
the (~eptr~ is rile·tamed b~/occasional top-offs F;DM does nOt
deco·Dose as mulch does Te~t resul~'s show that after 12. years of
use its Impact ~bsorb;~g quaht;es ac:u~lly get better with age~
Nor Fiber wood fibre is ro~ chemically t~eated and ~s totally n~tural
Whit ~oatlIM the Flbar't
You can border w~th curDfng for an aooYe-c~round ~nstalI,Jb '~r~ o
excavate to have ~he play area flush wilh
10, Ara Immcta · peebleeel
No. Fiber i~ a manure, tured product w~th tho·sands of
installatio~ naticnwi~. ~', insects have not bee~ a p~ob; ~
11. W11~tlbout ~pl[ntor~'
Dr, Vo~gt H~gSOn, ',w),o canal·teed the im~t aRen~:i n
tenting) of the Neurology DocUment of~y~e State U~, erst~,
sa d:~No ~hve~ ve,e ~ed ~o occur aer~allyor
despite exten~. ~. ~d ndl~ng of t~ fibr~
12. How IS Fiber miin~Blnmd7
Dotes;anal rak, ~g a~ usage dictates is all tha~ is necessa y to keep
t~ pLa~ a~ea., odd co,~d~rlon A~co~ir)gtO usage, t~ area wi I
need ~o De top~ ed off ~d~l~lly Active pl~groun~ ,,re usbafly
t~ off eve , hr~ years,
Hew do I know a.~t the Fib~ ~r~tem~, meet safety stande~dst
~sbm is re§ularl~ ,.e 4ed in accordance with ASTM F1:29, impact
tests, Fiber e~ce. 's ASTM standarcls a~d CPSC guldel~r es These
test results are ava.able on request.
14, Wh~t If ghildren ee~
Iril~ar is a nontoxic alt na urat wood product and not, heroically
trea~ed ~e a~y way
15, W#ydo I iwedFIb~rMets!
They protect the surfacing ar~ ;l~.arreh fn he·ely dsec areas
suck as under swing~, al;Ce e~tS, a~u $11dir~9 poles
16. Have Fiber Systems been ·mi In h~am-dey urea)?
Yes For example, Fiber is t, he surface arc ~oice for all
Chicago Park Distnct pla¥~ou~dL es we~l a: oarKs in H )uston
eno New York CIty
VISIT US ON THE WORLD WIDE WEB AT
www. fibar, com
BY
GAM
Curbs
ETI ¢.1E
and
PLayCurbs install easily as th~ follow the contour of the earth and
reqb. re minimum <;~tP_ preparat-oq. These !~" barriers are the pre~rred
so~don for re~mng ,mos: loose-fill suiting mateda~ tnc[~i~g
manuhmv~ed -oo~-fiber d'amage systems. Each P~yCurb includes
{ntemaJ retnforced gufde~ to accept the 30" lo~ hot-dipped galvanized
steel s~kes pro~ded. Available in ~. differenl standare colors or any
combina~un, plus recycled biack ptas~c.
Enriching Childhood Through Play.
1-800-235-2440
w w w_ g d m e t { me. c 0 m
16:31 ~07 3314920 P. 06/06
Play l Curbs'
/~-ce~ble PlayCu~ (~, ~,~)
. InOudm ~vCcz~almet~l tr~r~PCid.
· 6'~" !1 $3m) Im~ $'-9 $18" (2.07m) wc~-
· Induc~ tv~ ~ st~ I~km
· 6'4"O-e~n) ~ lZ" (3~m) ~h, 4" (,1Om) ~
Ir~md, ~I~n~'is 15'~Y' (4,~'/m).
Stake Package (ony)
TOT~ P. OG
AGENDA ITEM NUMBER: ~./-' /!
Request to be placed on:
AGENDA REQUEST
Date: January 21, 2000
XX Regular Agenda SpecialAgenda __ Workshop Agenda
When: February !, 2000
Description of agenda item: Request approval for Tropical Awning, Inc. (low bid)
to install new awnings on the shuffleboard and lawn bowling courts at
Veterans Park. This will be funded out of account #001-4126-572-63.90,
with $890 being transferred into this account from account #001-4126-572-
46.10. The total amount is $19,510.
ORDINANCE/RESOLUTION REQUIRED: YES NO x
Draft Attached' YES NO X
Recommendation: Approval.
Department Head Signature: ~C~.~ ~-/
;Tttye r~i~:i 'e;nR°~v~e°wn/Sl :tceonmC Ym e~ni~~~nm~ieah;p~ :~,
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes y/ No
Funding alternatives:
Account Number:
Account Description:
Account Balance: /~/'~ ~,~0 ~
City Manager Review:
Approved for agenda: e~ ~J~
Hold Until:
(if applicable)
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
DELRAY BEACH
Pa ks 6' Recreafii n
MEMORANDUM
TO:
David Harden
City Manager
FROM:
THROUGH:
Rodger R. ~beiro, CLP
Recreatio~F~uperintendent
Joe Weldo~
Director os Parks and Recreation
SUBJECT: Veterans Park Awning Replacement
DATE:
January 21, 2000
The fabric awnings on the shuffleboard and lawn bowling courts were
approved in the Veterans Park budget account #001-4126-572-63.90 for
$18,620. The low bid from Tropical Awning, Inc. was $19,510. The
difference of $890 will be transferred out of Veterans Park account #001-
4126-572-46.10, repair and maintenance services.
We would like this to go on the February 1,
Commission consideration.
2000 agenda for City
Rodger R. Ribeiro, CLP
Recreation Superintendent
Attachments
RRR:cp
Ref:rrrvpawn
50 Northwest 1 st Avenue * Delray Beach, Florida 33444
(561) 243- 7250 · Fax' (561) 243-7268 .L.II
TABULATION OF BIDS
VETERAN'S PARK AWNING REPLACEMENT
CITY OF DELAY BEACH
PROJECT 2000-033
BID 2000-10
VENDOR
Tropical Awning Inc.
Delray Awning Inc.
$19,510.00
$19,610.00
JEFFREY S. KURTZ. I'.A.
ATTORNEY AT LAW
12230 FO~.EST 111LL BOULEVARD
SUITE I I[) G
WELLINGTON, rtkORIDA 33.1 iJ
(5fil) 22'7- 152U
January 30, 2000
VIA FACSIMILE ONLY (561) 243-7221
Diane Dominquez
Planning Director
City of Delray Beach
100 N.W. ls~ Avenue
Delray Beach, Florida 33444
RE: Creations of Delray
Dear Diane:
This letter will serve to confirm our meeting of Friday
wherein I requested that the City Commission hearings in regard to
the Conditional Use Application be continued from the February 1,
2000 meeting to Ehe City Commission's Regular Meeting on February
15, 2000. This additional time will allow my client to finalize
plans to address the concerns raised by staff and the Planning and
Zoning Board along the lines we discussed.
Please let me know if an appearance at the February
meeting will be necessary to present the requested continuance to
the Commission.
Sincerely,
JSK/lm
cc: Client
RECEIVED
CITY CLERK
~d Z£~R>~ S AB~BF
E~:I5 000~/0E/I0
C1TYCOMM!SSI'ON '~' I
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, Cl'i'~. MANAGER
DIANE~OMI~G~ND ZONING DIRECTOR
1/
MEETING OF FEBRUARY 1, 2000
CONDITIONAL USE MODIFICATION REQUEST TO ADD 10,000 SQUARE
FEET OF FLOOR AREA TO THE APPROVED PROJECT FOR CREATIONS
OF PINEAPPLE GROVE WITHIN THE FORMER WlNN DIXIE BUILDING
LOCATED AT THE NORTHEAST CORNER OF PINEAPPLE GROVE WAY
AND NE 1=~ STREET
~ ', BACKGROUND/ANALy$1'$ .... , ~ '~:,,' !1
At its meeting of April 6, 1999, the City Commission approved a request to allow the
establishment of a "bazaar" to be known as Creations within the former Winn Dixie building.
The approval would allow the conversion of the existing 23,000 square foot former Winn Dixie
building to a 140-booth bazaar and construction of an 8,000 square foot office addition, subject
to conditions. The current development proposal is to modify the approved conditional use by
expanding the floor area by 10,000 square feet allocating 31,000 square feet to retail, 6,000
square feet to storage and 4,000 square feet to office, along with a request for a reduction of 50
required parking spaces. A detailed description of the development proposal, additional
background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
The Planning and Zoning Board considered the request at a public heating on January 24,
2000. Two members from the public spoke on the proposal. The leasing agent for the Ocean
City Lumber complex spoke in opposition to the request citing the potential impact that the
reduction in parking may have on adjacent businesses. The Pineapple Grove Main Street
Program Manager spoke in favor of the request. After a lengthy discussion, the Board voted 6-1
(Pat Stark dissenting) to recommend to the City Commission denial of the Conditional Use
Modification request for Creations of Pineapple Grove based upon a failure to make positive
findings with respect to LDR Section 4.6.9(F)(1), Parking Reduction Allowed, in that the
applicant has failed to demonstrate conclusively that the reduced number of spaces will
accommodate the use, and with respect to Section 2.4.5(E)(5), Conditional Use Findings, in that
the lack of adequate parking will have a significantly detrimental effect upon the surrounding
neighborhood and will hinder development and redevelopment of adjacent properties.
By motion, deny the Conditional Use Modification request for Creations of Pineapple Grove
based upon the findings as recommended by the Planning and Zoning Board.
Attachment: P & Z Staff Report and Documentation of January 24, 2000
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant ........................ Pineapple Grove Properties,
Ltd. c. Jo The Pugliese Co.
Agent ......................................... Jeffery S. Kurtz, Esquire
Location ..................................... Northeast comer of Pineapple
Grove Way (N.E. 2nd Avenue)
and N.E. 1st Street.
Property Size ............................. 2.01 Acres
Future Land Use Map ................ Commercial Core
Current Zoning .......................... CBD (Central Business
District)
January 24, 2000
IV.H.
Conditional Use Modification to Add 10,000 sq. f. of Floor Area to the
Approved Project for Creations of Delray Beach, Within the Former
Winn Dixie Building, Located at the Northeast Comer of Pineapple
Grove Way and N.E. 15t Street.
Adjacent Zoning ............... North: CBD
East: CBD
South: CBD
West: CBD
Existing Land Use .................... Vacant Grocery Store
Proposed Land Use ................... Conditional Modification to add
10,000 sq. ft. of floor area to the
approved project for Creations of
Delray Beach.
Water Service ............................ Existing on site.
Sewer Service ........................... Existing on site.
N.£
2NO
ST
IV.H.
II
ITEM BEFORE THE BOARD '
The action before the Board is making a recommendation to the City Commission on a
request for a Conditional Use Modification to expand the previously approved specialty
retail center (bazaar) for Creations of Pineapple Grove, pursuant to LDR Section
2.4.5(E).
The subject property is located at the northeast comer of Pineapple Grove Way and NE
1st Street.
Modifications to Conditional Use Approvals are processed pursuant to LDR Section
2.4.5(E)(7). The Planning and Zoning Board must approve modifications that involve
intensity of use or hours of operation. If however, the Board deems that the
modification is significant, then the modification must be heard as a new Conditional
Use application~ requiring formal notification, public hearing, and final action by the City
Commission.
Given the extensive nature of the changes associated with this conditional use
modification, this request has been processed as if it were a new application. Thus, if
the Board finds that the changes are significant, the request can be forwarded to the
City Commission without delay.
II
BACKGROUND
The subject property consists of Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat,
and contains 2.01 acres.
At its meeting of April 6, 1999, the City Commission approved a request to allow the
establishment of a "bazaar" to be known as Creations within the former Winn Dixie
building. The approval would allow the conversion of the existing 23,000 square foot
former Winn Dixie building to a 140 booth bazaar with centrally located cashier stations
and coffee bar and construction of an 8,000 square foot office addition to be located
along the south side of the existing building. The office would be located over the
existing parking lot, thus creating a second floor. In addition to the above, the
development proposal included major fac,.ade renovations, and upgrades to the parking
lot and landscaping. The approval was subject to the following conditions:
1. That the site plan be in general conformity to the sketch plan and incorporate
recommendations made in this report and the report for the alley abandonment.
2. That the use be restricted to the following: 'The sale of antiques, arts, crafts,
furniture, giftware, paintings, sculpture, flowers, plants, and home furnishings, with
associated food and beverage sales. Further, all sales are to occur at a central
location and not at individual booths (with the exception of food and beverage sales).
Planning and Zoning Board .~faff Report
Conditional Use Modificatio~ ~.reations of Pineapple Grove
Page 2
There shall be no outside display of goods or merchandise unless associated with a
special event approved by the City Commission."
3. That the front entrance and checkout area be redesigned to create a larger
pedestrian area around the cashier booths.
4. That the interior aisle widths are increased to 8'; or that the aisles be maintained as
proposed at 6' with a restriction that no merchandise may be placed in the aisles.
That the facade be improved in general conformity to the plans that were submitted
with the application, with additional architectural features provided along the east
elevation.
6. That the number of parking spaces be increased by providing more compact spaces.
7. That employees be required to park in the rear of the building.
8. That cross access be provided between the parking pods located in front of the
building to provide internal circulation.
9. That the alleyway/drive aisle be widened from 16' to 20' with the point of access to
the street widened to 24' to accommodate two-way traffic flow.
At its meeting of April 21, 1999, the Site Plan Review and Appearance Board approved
the associated site plan.
At its meeting of May 18, 1999, the City Commission approved the abandonment of the
north/south alley.
The request now before the Board is approval to modify the previous conditional use to
allow a 10,000 square foot expansion and a reduction of 42 parking spaces.
il'
PROJECT DESCRI'PTION
The current development proposal is to provide a 41,000 square foot building that
consists of 31,000 square feet to retail, 6,000 square feet of storage area, and 4,000
square feet of office use. The additional 10,000 square feet is to be provided by
eliminating the 23-space parking area situated underneath the 2"~ floor addition along
the south side of the building. Other.,parking lot modifications include the addition of 10
back-out parking spaces along NE 3"~ Avenue. The proposal also includes a request for
the reduction in 42 parking spaces (per code the actual deficiency is 50 spaces, which
is described in more detail in a later section of this report).
The applicant has submitted the following narrative, which describes the operation:
Planning .and Zoning Board .~'qff Report
Conditional Use Modificatio. ~reations of Pineapple Grove
Page 3
'The proposed modification to the previously approved conditional use is to eliminate
the parking area under the second story office space and expand the existing building
structure to cover that area. This would increase the total square footage of the project
to 41,000 square feet with 8, 000 additional square feet being added to the furniture and
design emporium.
This addition to the building will enhance the aesthetics of the project, as the building
will appear more balanced. Also, parking circulation will be less confused without the
possibility of driving under the building. Employee parking would be restrfcted to the
rear area of the building leaving all of the parking on Pineapple Grove Way available for
patrons.
The modification will not alter the proposed use as far as the operations of the floor area
of the furniture and design emporium. The conduct of the operation and mix of
merchandise sold will remain the same. The desire to increase the size of the retail
area is because of concerns as to whether the present size of the fumiture and design
emporium will have a sufficient critical mass to make the project a success and truly act
as a catalyst for the further revitalization of the Pineapple Grove area."
coNDITIONAL
USE
ANALYSIS
II
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CC (Commercial
Core), and a zoning designation of CBD (Central Business Core). The CBD zoning is
consistent with the Commercial Core designation. The use as described is that of a
"bazaar', which the LDRs define as "A market characterized by shops and stalls along a
pathway, usually for the sale of miscellaneous articles." Bazaars are listed as a
Conditional Use in the CBD district [LDR Section 4.4.13 (D)(13)], therefore, a positive
finding with this section can be made. It is noted that the office component is a
permitted in the CBD.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Planning and Zoning Board .~':~ff Report
Conditional Use Modificatio .~reations of Pineapple Grove
Page 4
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The City Commission at its meeting of April 6, 1999 made positive findings with respect
to concurrency as it relates to water, sewer, drainage, parks and recreation, and open
space. The impact of the modification with respect to Streets and Traffic and Solid
Waste is discussed below.
Streets and Traffic:
The subject property is located within the TCEA (Traffic Concurrency Exception Area),
which encompasses the CBD (Central Business District), CBD-RC (Central Business
District - Railroad Corridor), OSSHAD (Old School Square Historic Arts District) and the
West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying with the Palm Beach County Traffic Performance Standards
ordinance. Therefore findings with respect to traffic concurrency do not have to be
made. It is noted however, that an updated traffic statement for the proposed 10,000
square foot expansion is required in order to report the trips to the County for inclusion
in their traffic models. If the expansion is approved, it must be conditioned upon the
submission of the updated traffic data.
Solid Waste:
The proposal calls for a 37,000 sq.ff, retail center and 6,000 sq. ft. of office. Trash
generated each year by the proposed mixed-use facility will be 127.2 tons of solid
waste. Sufficient capacity is available at local solid waste facilities, and a positive finding
with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
The City Commission at its meeting of April 6, 1999 made positive findings with respect
to Consistency with the Comprehensive Plan.
SECTION 2.4.$(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.$(E)($) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have s significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
Planning and Zoning Board .e~ff Report
Conditional Use Modificatic ,Creations of Pineapple Grove
Page 5
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is surrounded by CBD zoning and general retail uses except for
the FPL Substation that is located north of the building on the east side of the alley.
While the use as a retail and office center on the surface seems compatible with the
other retail uses located on Pineapple Grove Way, the use as bazaar could create some
negative impacts on the surrounding area if it is not properly regulated. One of the
major concerns noted in the previous staff report was the adequacy of parking. While
the previous proposal could accommodate the required parking on-site by utilizing the
shopping center rate of 4 spaces per 1,000 square feet of floor area, there was some
concern that the demands of parking may be greater than that required by code. As a
condition of the previous approval, the number of on-site spaces was to be increased by
providing the maximum amount of compact parking spaces (30% of the required
spaces).
The current development proposal not only seeks to increase the floor area by 10,000
square feet, it also proposes to eliminate 23 on-site parking spaces. The applicants are
asking for approval of a parking reduction of 42 spaces, however, the proposal is
actually deficient by 50 spaces, as described below.
Using the shopping center parking rate of 4 spaces/I,000 square feet of leasable floor
area, the proposed 41,000 square foot structure requires 164 parking spaces. The
revised plan includes 89 parking spaces within the parking lot along NE 2nd Avenue, and
23 existing spaces backing out onto NE 3r~ Avenue, at the rear of the building. The plan
proposes to install another 10 back-out spaces on the east side of NE 3rd Avenue, for a
total of 122 parking spaces (deficiency of 42 spaces). However, while the existing
back-out parking spaces may remain, the Land Development Regulations prohibit the
installation of new spaces backing out onto the street. This same issue was addressed
with the previous site plan, which was modified to instead provide 2 parallel parking
spaces along NE 3rd Avenue. That same configuration could be used with the current
proposal, for a total of 114 spaces. The actual parking space deficit is therefore 50
spaces, or a 30% reduction of the required parking.
LDR Section 4.6.9 (F)(1) states: When, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking
spaces will accommodate a specific use, the body which acts on the attendant site plan
may reduce the parldng requirements accordingly.
To support the request for this reduction, the applicant has provided a Trip and Parking
demand study along with the following narrative:
'It is expected that the City's prfncipal concem will have to do with the parking, as the
modified use will have a deficiency of 42 spaces, if one applies the parking standard of
4/1,000 to the use. However, the current parking standard greatly overstates the
Planning and Zoning Board .~ff Report
Conditional Use Modificatie ,Creations of Pineapple Grove
Page 6
parking needs that will be associated with this use. The appropriate number of parking
spaces for the furniture and design emporium is actually 1.5 spaces/I,000 square feet.
The attached Parking and Traffic study compiled by Keith and Schnars, P.A.,
conservatively recommends the adoption of 2.0 spaces/I,000 for the 31,000 square feet
of retail space. The study looked at similar uses and conclusively demonstrates that a
reduced number of parking spaces will accommodate the proposed use.
It is now anticipated that the second floor area will be comprised of 4, 000 square feet of
office space and 6, 000 square feet of storage area related to inventories for the retail
space below. We suggest applying the City's standard of 3.5 spaces 1,000 square feet
for the office portion and 1 space per 1,000 square feet for the storage portion. The
required parking associated with the second floor is then 20 spaces, for a total parking
need of 82 spaces on site. Despite this Iow actual need, it remains the owner's intent to
provide 122 parking spaces as set forth on the revised site plan."
The parking demand study provided by the applicant's traffic engineer Keith and
Schnars was based on ITE Manuel criteria for furniture stores, and an on-site parking
demand study that was conducted at the Atherton Mills shopping center in Charlotte,
North Carolina. The applicant felt that Atherton Mills was comparable to the proposed
Creations development as it provides high-end vendor space for unique antiques,
furniture and decorating shops, as well as interior design facilities. An independent
consultant (Pinder Troutman Consulting, Inc.) under contract with the City reviewed the
Parking and Trip Rate study. The opinion of both the consultant and P & Z staff is that
the applicant's study does not conclusively demonstrate that the spaces being provided
will accommodate the proposed use. The Pinder Troutman report, which is attached,
notes the following:
The most basic concern is whether or not the proposed use is comparable to a furniture
store. ITE Trip Generation, 6th Edition provides the following definition:
"A furniture store specializes in the sale of furniture, and often, carpeting.
Fumiture stores are generally large and includes storage areas".
The sites that were surveyed for the applicant's study included both traditional retail
furniture stores and warehouse stores with showrooms.
The project description for Creations is:
"A facility that will provide high-end vendor space for antiques, fumiture sales,
interior design elements and other unique decorating items".
The use as described, with numerous booths of approximately 10' x 10' in size, is not
the same as a typical furniture showroom.
Planning and Zoning Board .e,aff Report
Conditional Use Modificatio =reations of Pineapple Grove
Page 7
The second concern noted by Pinder Troutman is the use of the ITE Parkin.q
Generation, 2nd Edition parking generation rates. The parking generation rates
contained in this 1987 publication are from 2 studies that were conduced in 1961. This
data is almost forty years old and begs the question as to its current validity and
applicability.
Another concern noted was the methodology that Keith and Schnars utilized in
attempting to correlate trip generation rates and parking generation rates, and in using
Furniture Stores as a comparable land use. They also question whether or not Atherton
Mills is truly a comparable facility.
Planning and Zoning staff shares those concerns, in that the applicants are asking to
base a 30% parking reduction on the parking demands experienced by a shopping
center located in another state, in what appears to be a suburban area, with no
information on t. he consumer market in that area. In staff's opinion, it is simply not a
sufficient basis for reduction of this magnitude, especially given the potential
consequences that would result from a severe parking shortage. If on-site parking is not
sufficient, customers may seek spaces in nearby private lots, negatively impacting those
properties which in turn may create a significantly detrimental effect upon the stability of
the neighborhood, and hinder the development and redevelopment of nearby
properties.
Even if the study were accepted and the parking turned out to be adequate for this
particular use, staff is concerned with the limitations that the lack of parking will place on
future uses that could be accommodated within this building. The plans for the
Pineapple Grove area call for it to be primarily a retail, arts, and entertainment district.
Restaurants, retail, and entertainment establishments create a significant parking
demand, far in excess of the proposed 2 spaces per 1,000 square feet. If the Creations
concept is not successful, the pool of alternative tenants that can occupy a building of
this size and still meet the parking code will be minimal. The result could be a building
that lies vacant for years, as is the current situation, or a request to allow a use that
does not have a significant parking requirement, such as storage.' Both of these
alternatives could have a significant detrimental impact on the Pineapple Grove area.
The Land Development Regulations governing the Central Business District include
alternatives when a project cannot provide all of its required parking on site. The
available options are: 1) execution of an off-site parking agreement and 2) payment of
an in-lieu parking fee. In terms of an off-site parking agreement, there is a limited
supply of available vacant land within the required 300' distance of the site. There is a
lot at the northeast end of the block which would qualify. Off site parking must be
improved per code, however, the improvements could possibly be phased in. At $6,000
per space, the in-lieu fee of $300,000 may not be economically feasible. It appears
that the most reasonable alternative is to develop the site as originally proposed, with
the parking remaining on the ground floor.
Planning and Zoning Board c~oqff Report
Conditional Use Modificatio .'~reations of Pineapple Grove
Page 8
II
REVIEW BY OTHERS..,
Downtown Development Authority (DDA):
The DDA reviewed the development proposal at its meeting of January 20~ and
recommended denial of the project, based upon concerns over the parking shortage.
Community Redevelopment Agency (CRA):
The CRA reviewed the development proposal at its meeting of January 13t~ and
recommended denial of the project, based upon concerns over the parking shortage.
Pineapple Grove Mainetreet Advisory Board (PGMS):
PGMS reviewed the development proposal at its meeting of January 10th and supported
the expansion.
Site Plan Review and Appearance Board (SPRAB):
If Conditional Use approval is granted, a site plan modification must be submitted. Final
action on the site plan modification submittal will rest with the SPRAB.
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of
the subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's a~sociations that
have requested notice of developments in their areas:
Progressive Residents of Delray (PROD)
· President's Council
· Chamber of Commerce
II
ASSESSMENT AND CONCLUSION
II
The proposed conditional use modification seeks to increase the square footage from
31,000 square feet to 41,000 square feet for Creations of Pineapple Grove. The
expansion would result in a parking deficit of 50 spaces below what is required by the
Land Development Regulations. The study submitted by the applicant to support this
deficit does not conclusively demonstrate that the amount of parking being provided is
sufficient to accommodate the use. The parking deficit could have a significantly
Planning and Zoning Board ="afl Report
Conditional Use Modificatio .3reations of Pineapple Grove
Page 9
detrimental impact on neighboring properties, and on the long term viability of this
development. Staff cannot support the expansion without the provision of parking in
accordance with the LDRs, and recommends that the applicant construct the project as
previously approved.
A. Continue with direction.
II
Bo
Co
Recommend approval of the request for Conditional Use Modification for
Creations of Pineapple Grove, based upon positive findings with respect to to
LDR Sections 4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has
demonstrated conclusively that the reduced number of spaces will accommodate
the use, and with respect to Section 2.4.5(E)(5), Conditional Use Findings, and
Chapter 3 (Performance Standards), and the policies of the Comprehensive Plan
subject to conditions.
Recommend denial of the Conditional Use Modification for Creations of
Pineapple Grove, based upon a failure to make positive findings with respect to
LDR Section 4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has
failed to demonstrate conclusively that the reduced number of spaces will
accommodate the use, and with respect to Section 2.4.5(E)(5), Conditional Use
Findings, in that the lack of adequate parking will have a significantly detrimental
effect upon the surrounding neighborhood and will hinder development and
redevelopment of adjacent properties.
RECOMMENDED
ACTION,
Recommend denial of the Conditional Use Modification for Creations of Pineapple
Grove, based upon a failure to make positive findings with respect to LDR Section
4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has failed to demonstrate
conclusively that the reduced number of spaces will accommodate the use, and with
respect to Section 2.4.5(E)(5), Conditional Use Findings, in that the lack of adequate
parking will have a significantly detrimental effect upon the surrounding neighborhood
and will hinder development and redevelopment of adjacent properties.
Attachments:
· Previously Approved Site Plan
· Proposed Plan Including the Expansion
· Proposed Floor Plan
· Exhibit A - Applicant's Parking Study
· Exhibit B - Response to Study by Pinder Troutrnan
P&Z.CUCREATIONS
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F-~IBIT "A"
Study Summary
Keith and Schnars, P.A. has undertaken a comprehensive study of the parking requirements for
the future shopping development to be known as Delray Beach Creations. The study looked into
what parking rates would be necessary for a facility that will provide high-end vendor space for
antiques, furniture sales, interior design elements and other unique decorating items.
In reviewing both the fifth and sixth editions of Trip Generation, authored by the Institute of
Transportation Engineers, it is difficult to find a similar land use. The closest they come is
furniture sales or Land Use Code 890. Unfortunately, 1TE has only conducted one study on this
land use and therefore the suggestion is that that one study be used very cautiously. We at Keith
and Schnars have, also conducted several studies recently for a furniture store located in Broward
County. As a part of that study (copy attached), we looked at several types of furniture stores,
from high-end to more moderate stores. In conducting the study, it was our intention to
determine the trip rate at each location, which would then equate to the parking rate. In all
studies, both ours and the one done by ITE, the parking demand for furniture stores and interior
design facilities never exceeded 1.5 parking spaces per 1,000 sr.
In concertation with the client, we then went a step further and performed a study at Atherton
Mills, located in Charlotte, North Carolina. Atherton Mills is very similar in composition to the
proposed Delray Beach Creations development, as it provides high-end vendor space for unique
antiques, furniture and decorating shops as well as interior design facilities. Atherton Mills is
located in an old mill structure that was renovated to house high quality vendor space. Another
area of the facility provides space for additional new furniture and decorating accessory sales and
interior designers as well as a microbrewery restaurant. The type of use (not the microbrewery
or the restaurant but certainly the other uses) that we saw in Atherton Mills is very close to what
is proposed by the developer of the Delray Creations. We therefore performed a traffic study at
Atherton Mills to determine the parking demands required of this proposed land use. The
findings of our report are attached.
Parkine Study - Atherton Mills
Exhibit 1 shows the Atherton Mills site and square footage for each building. The property lies
south of the downtown area of Charlotte, North Carolina. There are four buildings in this
development, all served by one major street called South Boulevard. The principal vendor/sales
area is located in a building of 46,511 sr. A second building of 6,300 si', consists of retail arts
and crafts and knick-knacks. A third retail building of 20,404 sf, houses furniture and
accessories. A microbrewery restaurant occupies the fourth building of 14,832 sr.
Exhibit 2 indicates the use of each building.
Exhibits 3 and 4 indicate parking availability at various times during the day.
Parking provided on site for the four buildings totals 141 spaces. An attempt was made to sub-
divide the spaces between retail and restaurant. Atherton Mills and the retail areas, which
comprise a total of 73,215 sf, have been allocated a total of 87 parking spaces. The
microbrewery restaurant, comprising 14,832 sL has been allocated 54 parking spaces.
As you review the following photographs of the Atherton Mills site, it is obvious that there is
cross parking taking place and, as such, we have provided for that.
Photograph No. 1 is of the directory that shows the relationship of the four uses of the property.
Photographs No. 2 is the sign located on South Boulevard.
Photograph No. 3 shows the sign which attempts to separate the mill traffic from the
restaurant/microbrewery traffic (I have highlighted the sign). This is also the efist side of the
Mill and shows some of the parking in front of the mill.
Photograph No. 4 is another view of the east side of the mill.
Photograph No. 5 begins to move into the parking lot and shows the south side of the Atherton
Mills.
Photograph No. 6 shows Atherton Mills in the foreground and behind that the long white
building is the 6,300 sf building that at one time was a storage facility when the mill was in
operation as a mill and now houses retail space.
Photograph No. 7 is a better picture of the 6,300 sf building, the back of the mill building, and
begins to show, on the left-hand side, the third retail area which is connected to the
microbrewery.
2
Photograph No. 8 shows the very back end of the development. You can see the parking area,
the building that houses additional retail furniture and accessory sales and beginning of the
microbrewery itself.
Photograph No. 9 once again highlights the sign that we saw earlier in Photo 3 which tries to
separate restaurant parking traffic from mill traffic, even though there is cross-parking use by all
For the Parking Demand Study, we chose a Friday and Saturday to conduct the studies, as the
owners indicated these were the busiest times at the shopping development. They also indicated
that this period is one of their busiest seasons leading toward the holiday season. The studies
were conducted by looking at how the parking spaces were being utilized at various times
throughout each day. In the study, we looked at the unoccupied spaces. Those findings are
attached (Exhibits 3 and 4).
As you can see on Friday, the only time when nearly all of the spaces were occupied was
between 12:30 and 1:00 PM. During that 30-minute period, there were only three §paces
available due to the lunch crowd at the microbrewery. With the exception of that 30-minute
period, the rest of the day, a typically busy day for Atherton Mills, clearly indicates that there
was always more than ample parking available even by utilizing the parking rate of 1.6 spaces
per 1,000 sf.
On Saturday, which is one of the mills' busier days, you can see from the study that the time
frame with the least amount of available parking was only between the hours of 2:00 to 2:30 PM,
at which time there were actually seven vacant parking spaces. During the rest of the day, there
was more than ample parking available at all times.
The total square footage of the entire site, including the microbrewery, is 88,047 sf; there are a
total of 141 parking spaces for the entire site. This equates to 1.6 spaces per 1,000 sf. when
looking at the overall development as a whole. Of those total 141 spaces, we have looked at
several breakdowns. If one were to take the Athenon Mill and the retail spaces together, which
totals 73,215 sf and look at the allocation of 87 spaces, that would equate 1.2 spaces per 1,000
sr. In the case of the microbrewery utilizing the 14,832 sf with 54 parking spaces, that
distribution would equate to 3.6 parking spaces per 1,000 sf. There are no proposed
microbreweries at the Delray Creations, therefore, from a traffic standpoint, we feel we have
demonstrated the worst case scenario and have clearly indicated that 1.6 spaces per 1,000 sf is
more than sufficient.
The historical ITE study, as well as our own studies, have indicated the need for 1.5 parking
spaces per 1,000 sf in a development of this specific type of use. Under a worst case scenario,
utilizing a ratio of 2 spaces per 1,000 sf would provide more than adequate parking for a
furnishings and decorating center. We have reviewed in depth a similar use in a very desirable
community which clearly shows that even when including a restaurant as part of the overall mix,
a parking ratio of 1.6 spaces per 1,000 sf was never fully utilized. We would therefore
recommend that a rate of 2 spaces per 1,000 sf be utilized for the Delray Beach Creations
development. That rate will provide more than ample parking and well in excess of the spaces
required for furniture stores, but would be consistent with high-end vendors of home decorating
items and antique sales, which is the intended use for this shopping development.
3
Trip Rates
As mentioned earlier, our studies at Atherton Mills were conducted over a two-day period of
Friday and Saturday. On Friday, a total of 553 trips were accounted for during the day, including
employee arrivals and departures during the period prior to opening and after closing of the Mill.
Those 553 trips on Friday computed to 7.55 trips per 1,000 sf for all the retail sales area, which
involved the antique and furniture sections.
On Saturday, a total of 565 vehicles came into the site during the hours of operation, again
including employee arriv--~s and departures prior to opening and after closing of the retail stores.
These 565 vehicles equated to 7.72 trips per 1,000 sf.
It is interesting to note that, if we take the trip generation formula that was developed from a
review of five furniture stores, two of which were more high end than the other three, and
compare that result to the mathematical projection that was determined in our actual Atherton
Mills study, the results would be nearly identical.
For example, by applying the formula T= 2.867 x X + 354, where Tequals daily trips and X is
the furniture store size per 1,000 sfand considering the retail area (X) to be 73,215 sf, it would
show that the Atherton Mills site, based on retail antique sales would generate approximately
564 trips. As indicated, on Friday, we actually generated 553 trips, and on Saturday, 565 trips.
Therefore, we feel this formula is consistent with the trip rate for the antique sales and interior
design and accessory type vendor sales that would be contemplated at this location.
· 4
EXHIBIT "B"
PINDER TROUTM ! CONSULTING, INC.
Transportation Planners and Engineers
2324 South Congress Avenue, Suite 1H
West Palm Beach, FL 334"
(561) 434-1644 Fa~ 434-1{
Email: pindertroutman@msn.¢on,
January 18, 2000
Mr. Jeffrey Costello, AICP
City of Delray Beach
100 NW 1 ~ Avenue
Delray Beach, FL 33444
Re: Delray Creations - ~PTCO0-09
Dear Mr. Costello:
Pinder Troutman Consulting, Inc. (PTC) has reviewed the Parking and Trip Rate Studies
prepared by Keith and Schnars, P.A., for the above referenced project. We have several
concerns regarding these studies.
The first and most basic concerns is whether or not the proposed use is comparable to a
Furniture Store (ITE Code 890). ITE Trip Generation, 6th Edition provides the following
definition:
A furniture store specializes in the sale of furniture, and often, carpeting.
Furniture stores are generally large and include storage areas. The sites
surveyed include both traditional retail furniture stores and warehouse
stores with showrooms.
The project description is:
A facility that will provide high-end vendor space for antiques, furniture
Sales, interior design elements and other unique decorating items.
Second, is the use of the ITE Parking Generation, 2nd Edition parking generation rates.
The parking generation rates contained in this 1987 publication are from two (2) studies
conducted in 1961. This data is almost forty years old and begs the question as to its current
validity and applicability.
Third, is the attempted correlation between trip generation rates and parking generation
rates. Comparing the daily trip generation of similar sizes by using the regression equation
naturally yields comparable results. If used at all, the regression equation should be used to
compare the daily trip generation of the proposed 41,000 SF to the 73, 215 SF. The
following questions are still unanswered:
a)
b)
Is this the appropriate methodology?
Is Furniture Store a comparable land use?
Mr. Jeffrey Costello
Re: Delray Creations - PTC ~00-09
January 18, 2000
Page 2
Finally, there is the concern if Atherton Mill is a comparable fadlity. How much shared
parking occurs, particularly on the weekend? Is there any off-site parking? Are the daily
traffic counts for the entire site or only the non-restaurant space? The parking supply appears
restricted based on utilization in excess of 95 percent. No supporting documentation was
provided.
Given the concern with the documentation in the Delray Beach Creations Parking and Trip
Rate Studies, we would make the following recommendations:
l)
2)
3)
Have the applicant, in conjunction with the City, identify comparable local
site(s) and conduct weekday and weekend parking accumulation and
demand studies.
Or
Allow the project to proceed with the approved 31,000 SF, and have the
applicant demonstrate through site studies, that the parking demand can be
satisfied with an additional 10,000 SF.
Or
Approve the project with a covenant restricting the use to the sale of furniture
and interior decorating accessories.
CC:
Arnold Ramos
Libbey Webb
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CJTY OF DELI~AY BEACH, FL
P?U~NiNG & ZONING OEPAR~ENT
CREATIONS OF DELRAY
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SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, P & Z DIRECTOR ~.,/~. "~{'~.~
CITY COMMISSION MEETING OF FEBRUARY 1, 2000
CONSIDERATION OF A CONDITIONAL USE MODIFICATION REQUEST FOR
THE DELRAY'S LOST DRIVE-IN.
The action requested of the City Commission is that of approval of a request for Conditional Use
Modification for Delray's Lost Drive-In (a.k.a. Delray Swap Shop), to amend the project phasing
and conditions of approval. The subject property is located on the east side of North Federal
Highway, approximately 500 feet north of Allen Avenue.
The site is being redeveloped as an indoor/outdoor shopping and entertainment "one stop"
marketplace. The site has an open, brick paved plaza surrounded by various buildings containing
vendors in 10' x 12' stalls. A faux movie screen with movie poster type graphics was installed to
tie the project to its origin as a drive-in theater.
The City Commission approved a Conditional Use Modification request on May 5, 1998 subject to
conditions which included the following time frames:
· That the canopy and temporary outdoor vendors placed in the Phase Two and Phase Three
areas during construction of Phase One, must be removed no later than January 2, 2000;
· That a landscape plan be submitted and landscaping be installed within the Phase Two and
Three areas if construction of these phases is not started by January 2, 2000; and,
That if Phase Two and Phase Three buildings are not constructed, the rear parking lot be
reconstructed with landscape and drainage improvements within three years of issuance of a
Certificate of Occupancy for the main vendor building in Phase One.
The proposed conditional use modification is being requested to change the project phasing and
these conditions of approval. Additionally, the plan has been modified to include a temporary
parking lot along N. Federal Highway in Phase Two. The current proposal is for redevelopment
to occur in three phases. Phase One which includes the majority of the project improvements is
nearly completed. The large metal building which houses the majority of the vendors is
completed and a temporary Certificate of Occupancy was issued on September 10, 1999.
Issuance of the final CO is pending approval of a site plan for modifications which were
implemented during construction. A site plan modification will be submitted for approval by
SPRAB following this conditional use modification.
Phase Two includes public restrooms, a new canopy and other renovations to the existing
Farmer's Market Building in the southwest corner of the site and Phase Three includes
City Commission Meeting - February 1, 2000
Delray's Lost Drive-In: Conditional Use Modification
Page 2
improvements to the rear parking lot. For additional background and analysis see the attached
P & Z Board staff report.
At its meeting of January 13, 2000, the Community Redevelopment Agency reviewed the
proposal and recommended approval of the conditional use modification request.
At its meeting of January 24, 2000, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. The applicant made a presentation and answered
questions from the Board. One member of the public spoke regarding issues that had already
been resolved. After discussion, the Board voted 6-1 (Mr. Bird dissenting) to recommend
approval of the request excluding the Phase Two temporary parking lot, subject to conditions as
presented in the P & Z staff report with modifications. These modifications dealt mainly with time
frames for improvements and the elimination of the temporary parking lot in Phase Two. The
modified conditions are given below in the recommended action section of this report.
By motion, approve the Conditional Use modification request for Delray's Lost Drive-In
excluding the Phase Two temporary parking lot, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the
Land Development Regulations, and the policies of the Comprehensive Plan subject to the
following conditions:
That submission of a site plan modification application which addresses the "Technical Items"
listed in the Planning and Zoning Board staff report and listed conditions be processed
pursuant to Section 2.4.3 of the Land Development Regulations;
That a landscape plan for the frontage area between the entrance roads be submitted and
processed with the site plan modification application by July 1, 2000. If construction of the
Phase Three building has not begun by September 10, 2000, the existing asphalt shall be
removed and the entire area shall be landscaped pursuant to the landscape plan;
3. That if valet service is provided on site, pick-up and drop-off operations shall be located to the
rear of the main vendor building;
4. That outdoor entertainment involving amplified music or sounds be prohibited;
o
That all food service activities, except for self-contained food carts, be restricted to the food
court area of the main vendor building, the farmer's market building and the Phase Three
frontage building. No food service is to occur in outdoor vendor booths; and,
6. That the rear parking lot be reconstructed with landscaping and drainage improvements by
September 10, 2002.
Attachments:
· P & Z Staff Report and Documentation of January 24, 2000
f:\planning & zoning\boards\city commission\lost drive in.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 24, 2000
IV.F.
Conditional Use Modification to Change the Phasing of Required
Improvements for Delray's Lost Drive-In (f.k.a. Delray Swap Shop), located
on the East Side of North Federal Highway (U.S. 1), Approximately 500 feet
North of Allen Avenue.
GENERAL DATA:
Owner/Applicant ............. Terrence Turbyfill
Agent .............................. George Brewer
Location .......................... East side of North Federal
Highway, approximately 500
feet north of Allen Avenue.
Property Size .................. 7.78 Acres
Future Land Use Map .....General Commercial-Large
Scale Mixed Use Overlay
Current Zoning ................ GC (General Commercial)
Adjacent Zoning .... North: GC &AC (Automotive
Commercial)
East: Town of Gulf Stream OR
(Outdoor Recreation)
South: RM (Medium Density
Residential)
West: General Commercial
Existing Land Use ........... Flea market with indoor and
outdoor vending booths, and
parking lots.
Proposed Land Use ........ Construction of new buildings
to accommodate
dealer/vendor booths and retail
uses. Construction of
associated parking and
landscaping.
Water Service ................. Existing on-site.
Sewer Service ................. Existing on-site.
IV.F.
The action before the Board is that of making a recommendation to the City
Commission on a Conditional Use Modification request and attendant sketch
plan for the Lost Drive-In (aka Delray Swap Shop), pursuant to Section
2.4.5(E).
The subject property is located on the east side of North Federal Highway,
approximately 500 feet north of Allen Avenue.
The subject property contains total of 7.78 acres. There is a 15' easement through the
property which provides access to a rear parcel containing the "Second Chance Emporium".
There is also an easement on the property which provides access to the Florida Inland
Navigation District (FIND) parcel to the rear. The Swap Shop property has an extensive
land use history since its development in 1957. The following are the most recent actions to
occur on the property.
On March 6, 1998, a Conditional Use Modification Application was submitted for
redevelopment and expansion of the Swap Shop. The proposal included the concepts
which came from the Charrette and addressed many of the earlier concerns with the
project. The name of the project was changed to the "Lost Drive-In". The City Commission
approved a Conditional Use Modification request on May 5, 1998 subject to conditions
which included the following time frames:
That the canopy and temporary outdoor vendors placed in the Phase Two and
Phase Three areas during construction of Phase One, must be removed no later
than January 2, 2000;
That a landscape plan be submitted and landscaping be installed within the Phase
Two and Three areas if construction of these phases is not started by January 2,
2000; and,
That if Phase Two and Phase Three buildings are not constructed, the rear parking
lot be reconstructed with landscape and drainage improvements within three years
of issuance of a Certificate of Occupancy for the main vendor building in Phase One.
On July 22, 1998, the Site Plan Review and Appearance Board (SPRAB) approved a Class
IV Site Plan Modification for redevelopment and expansion of the Swap Shop. The
Landscape Plan for the project was tabled and later approved on October 7, 1998.
One of the conditions of the site plan approval was to obtain agreements with adjacent
property owners to relocate two existing access easements on the site. A 30' easement on
the south side of the site provides access to the F.I.N.D. property and a 15' easement on
the north side of the site provides access to the "Second Chance Emporium". The
approved site plan placed the easements within proposed 24' wide access drives and
parking lot aisles. While negotiating with the owners of the two easements, F.I.N.D.
indicated that it required a 30' unobstructed easement to accommodate its equipment and
Planning.and Zo.ning Board Staff Report
Lost Drive-In: Conditional Use Modification
Page 2
the Second Chance Empodum required that its easement also be 30' wide where parking
spaces back out into the easement.
Following approval of the revised site plan, the owners of the Second Chance Emporium
changed their minds and would not allow their easement to be relocated. The applicant
submitted a revised site plan which was approved by the SPRAB Board on May 19, 1999.
A plat for the project was approved by the City Commission on January 18, 2000.
Development of Phase One has been completed. However, some Phase One
improvements have been moved to Phase Two and several design changes were made in
the field during construction. These items will be addressed in a site plan modification
which will be processed following Conditional Use approval. A temporary Certificate of
Occupancy (CO) was issued for the main vendor building in Phase One. The Final CO will
not be issued until the site plan modification has been approved.
This proposed Conditional Use Modification includes changes to phasing of improvements,
the addition of a temporary parking lot along N. Federal Highway in Phase Two, and
modification of the "conditions of approval" for the current Conditional Use approval.
The site is being redeveloped as an indoor/outdoor shopping and entertainment "one stop"
marketplace. The site has an open, brick paved plaza surrounded by various new buildings
containing vendors in 10' x 12' stalls. A faux movie screen with movie poster type graphics
was installed to tie the project to its origin as a drive-in theater.
The modified plan will be developed in accordance with the following phasing schedule:
Phase One (currently underway):
· Constructed new brick central plaza, the movie screen and the main 27,400 square foot
air conditioned vendor building.
· 14,592 square feet of outdoor stalls with storage lockers are currently under
construction.
· Installed a 10' landscape buffer along the south property line adjacent to the Kokomo
Key townhouse project.
· Installed new parking lots and drives on the north and south sides of the lot and partial
rear lot. A total of 479 parking spaces are provided in Phase One.
· The existing 5,500 square foot building at the southwest corner of the site, along
Federal Highway was not renovated during this phase as originally proposed.
Improvements will occur in Phase Two.
· The existing awning which was temporarily relocated along Federal Highway was
removed from the site.
· Due to a conflict with the relocated temporary awning, the new driveway at the west side
of the plaza was reduced from two-way to one-way traffic (traffic moves from South to
North). This is a temporary situation and shall be corrected in Phase Two.
Planning.and Zo.ning Board Staff Report
Lost Drive-In: Conditional Use Modification
Page 3
· Due to a problem with the building structure, the clerestory steel louvers were omitted
from the main vendor building. Revised elevations have not been approved by SPRAB
and will need to be submitted as part of the application for site plan modification.
· The south driveway remained in its original location since relocation further south
required modifying D.O.T. median cuts and landscaping.
· The dumpster and enclosure in the northeast corner of the rear parking lot was deleted
until deemed necessary (Phase Three). The area is being used for one parking space.
There is an existing trash compactor located behind the existing building at the
southwest corner of the site.
Phase Two:
· Public restrooms, a new canopy and other renovations to the existing Farmer's Market
Building in the southwest corner of the site shall begin. The building will be enlarged to
8,020 square feet. Surrounding landscaping and pavers shall be installed.
· The west area between entrance driveways shall be converted into a temporary parking
lot for 46 parking spaces. Originally there were two frontage buildings proposed for this
area of which one was to be constructed in Phase Two. This area was reduced in size
from the original plans due to an easement conflict and now one building is proposed for
Phase Three.
· The one-way north/south drive at the west side of the plaza shall be widened for two-
way traffic and drop-off area.
· The existing entrance drive planter walls shall be removed and the entrance area shall
be landscaped.
· Complete the east parking lot with associated landscaping and drainage.
Phase Three:
· Owner shall submit plans and elevations for new building fronting on Federal Highway
where temporary parking lot is proposed in Phase Two, obtain SPRAB approval, and
proceed with building permit and construction. (This building shall have hours of
operation typical with other retail buildings operating in Delray Beach.)
· Rear (East) parking lot, landscaping and exfiltration associated with this site area shall
be completed per approved engineering site plans (anticipated start date, July 2001).
· North parking lot lighting shall be installed.
· Paved walkways (charcoal color) across asphalt drives shall be installed.
· Flush planters and plant material at property line fronting Federal Highway shall be
installed.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application.
These findings relate to Consistency with the Future Land Use Map,
Planning.and Zo.ning Board Staff Report
Lost Drive-In: Conditional Use Modification
Page 4
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
The City Commission approved a Conditional Use Modification for the project on May 5,
1998. Positive Findings were made at that time with respect to Future Land Use Map
consistency, Concurrency and Comprehensive Plan Consistency, including required
findings in Section 2.4.5(E)(5) dealing with compatibility issues.
In assessing the compatibility of the project with surrounding land uses, one concern was
raised over the applicant's project description which included entertainment, but did not give
specific examples. Since the property directly abuts a residential development, there was a
concern with regard to potential outdoor entertainment. Street performers include
musicians which utilize the assistance of recordings and amplifiers. The noise created by
these performers would impact the adjacent residences as well as the adjacent commercial
uses. Thus, any outdoor entertainment involving amplified music or sounds was prohibited
with the last approval. However, there has been amplified music on the premises, and
residents of the. neighboring Kokomo Key development have complained. The issue is
being addresses with the owner. The prohibition on amplified entertainment remains a
condition of approval.
With respect to the proposed conditional use modification, a potential problem with traffic
flow on the site has been noted. There is concern that many patrons will first seek parking
in the temporary parking lot along North Federal Highway. Due to the volume on traffic that
the project generates, a large number of vehicles circulating in this area while looking for a
parking space would cause blockages at the intersections and potential backups into North
Federal Highway. The applicant has indicated that this temporary lot is to be used for valet
parking only. This has been added as a condition of approval.
Since the previous conditional use approval, staff has received inquiries regarding the
potential for establishing food service operations in outdoor vendor booths. Although the
approved sketch plan clearly indicated a concession stand at the main vendor building, no
mention was made concerning the potential for food service elsewhere on the site. The
applicant has indicated that while he may want food service in the other permanent
buildings (i.e. the Farmer's Market and Phase Three buildings), he does not intend to locate
it within outdoor vendor booths. This has been added as a condition of approval.
Although the site layout underwent some changes during the site plan review process, the
total building area and the overall concept remain the same. Compliance with the Land
Development Regulations is discussed below.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use modification request a sketch plan was
submitted which staff has reviewed. If the Conditional Use modification is approved,
a site plan modification submittal complying with LDR Section 2.4.3 will be required.
Based upon staff's review of the sketch plan and site inspections, the following items
have been identified. The attached technical comments, which include the items
below, have been transmitted to the applicant and will need to be addressed with
revised plans.
Planning .and Zoning Board Staff Report
Lost Drive-In: Conditional Use Modification
Page 5
1. The applicant shall submit a revised landscape plan in compliance with Section 4.6.16
of the Land Development Regulations. The plan shall be prepared by and bear the
seal of a landscape architect or otherwise be prepared by persons authorized to
prepare plans and drawings. The applicant shall submit complete landscape
calculations.
2. The site plan modification submittal shall include revised building elevations showing
the omission of the clerestory steel louvers from the main vendor building.
3. Pursuant to LDR Section 4.4.9(F)(3)(a), parcels in this area of North Federal Highway
shall have a minimum front building setback of 5' and a maximum setback of 15' as
measured from the ultimate right-of-way line. The Phase Three building fronting along
North Federal Highway is shown with a front setback of 10' which complies with this
section.
4. The maximum number of parking spaces separated by a landscape island is ten. The
proposed Phase Two temporary parking lot depicts a row of 13 spaces. Revise plans
accordingly.
5. The Phase Three building is shown on the site plan as a two-story building of 9,400
square feeb The footprint of the building represents 9,400 square feet on one floor.
Revise plan to indicate a one-story building.
6. Revised paving, grading and drainage plans prepared by a registered engineer must be
submitted.
The development proposal is not within a geographical area requiring review by the DDA
(Downtown Development Authority) or the HPB (Historic Preservation Board).
Community Redevelopment Agency:
At its meeting of January 13, 2000, the Community Redevelopment Agency reviewed the
proposal and recommended approval of the conditional use modification request.
Adjacent Municipalities:
Notice of the conditional use request has been provided to the City of Boynton Beach and
the Town of Gulf Stream. A response has not been received.
Site Plan Review and Appearance Board:
If Conditional Use modification approval is granted, a site plan modification submittal will
follow. Final action on the site plan modification will rest with SPRAB (Site Plan Review and
Appearance Board). The site plan must accommodate concerns raised through the
conditional use petition, and address the listed "Technical Items".
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
r3 Kokomo Key Homeowners Association
[3 La Hacienda Homeowners Association
n Seacrest Homeowners Association
Planning.and Zoping Board Staff Report
Lost Drive-In: Conditional Use Modification
Page 6
El North Palm Trail Homeowners Association
El Palm Trail Homeowners Association
El PROD (Progressive Residents of Delray)
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the Planning
and Zoning Board meeting.
The development proposal is consistent with the policies of the Comprehensive Plan,
Chapter 3 of the Land Development Regulations, and the terms of the Annexation and
Development Agreement. Positive findings can be made with respect to LDR Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, provided the
attached conditibns are addressed. The "Technical Items" listed in the staff report and
conditions of approval will be addressed with the site plan modification submittal.
A. Continue with direction and concurrence.
Bo
Recommend approval of the Conditional Use modification request for the Lost
Drive-In based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to
conditions.
Recommend denial of the Conditional Use modification request for the Lost Drive-In
based upon a failure to make positive findings with respect to Chapter 3
(Performance Standards), Future Land Use Element Policy C-1.4 regarding the
North Federal Highway Improvement Program, and Section 2.4.5(E)(5) (Conditional
Use Findings) of the Land Development Regulations, that the proposal will have a
detrimental affect on the stability of the neighborhood and will hinder redevelopment
of nearby properties.
Recommend to the City Commission approval of the Conditional Use modification request
for the Lost Drive-In based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to the following conditions:
That submission of a site plan modification application be processed pursuant to Section
2.4.3 of the Land Development Regulations and address the "Technical Items" listed in
the staff report and listed conditions;
Planning. and Zoning Board Staff Report
Lost Drive-In: Conditional Use Modification
Page 7
That a landscape plan for the frontage area between the entrance roads be submitted
and processed with the site plan modification application. If construction of the
temporary parking lot in this area has not begun by July 1, 2000, the existing asphalt
shall be removed and the entire area shall be landscaped. If construction of the Phase
Three building has not begun by July 1, 2001, the temporary parking lot shall be
removed and the entire area shall be landscaped;
3. That the temporary parking lot be for valet use only;
4. That outdoor entertainment involving amplified music or sounds be prohibited;
o
That all food service activities be restricted to the food court area of the main vendor
building, the farmer's market building and the Phase Three frontage building. No food
service is to occur in outdoor vendor booths; and,
6. That the rear parking lot be reconstructed with landscaping and drainage improvements
by July 1, 2002.
Attachments:
I;3 Location Map
~ Sketch Plan - Phase One
r-] Sketch Plan - Phase Two
121 Sketch Plan - Phase Three
~ Building Elevations
Report prepared by: Ron Hoggard, Senior Planner
s:\planning & zoning\boards\p&z board\lost drivein conditional use.doc
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SUBJECT:
CITY MANAGER ('"',. ,~'~ ' ~
MEETING OF FEBRUARY ¢2000
CONDITIONAL USE REQUEST TO ESTABLISH AN ADULT DAY
CARE CENTER WITHIN THE DELRAY OFFICE PLAZA
COMPLEX, LOCATED ON THE NORTH SIDE OF WEST
ATLANTIC AVENUE, APPROXIMATELY 1,250 FEET EAST OF
MILITARY TRAIL
The proposal pertains to Building C of the Delray Office Plaza complex, which is
the northernmost building. It involves the renovation of two office suites
containing a total of 2,600 sq. ft. to accommodate a 40-person adult day care
center. The development proposal complies with the requirements for adult day
care centers contained in the Land Development Regulations. For additional
background and analysis see attached Planning and Zoning Board staff report.
At its meeting of January 24, 2000, the Planning and Zoning Board held a public
hearing in conjunction with the request. One member from the public spoke in
opposition to the item citing concerns over traffic. The Board voted 7-0 to
recommend approval of the Conditional Use based upon positive findings with
respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the
Land Development Regulations, and policies of the Comprehensive Plan subject
to the following condition of approval:
1. That the enrollment of the adult day care facility be limited to 40 participants.
By motion, approve the Conditional Use request to establish an adult day care
facility to be known as The Place Adult Day Care Center at the Delray Office
Plaza Complex, based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to the condition
recommended by the Planning and Zoning Board.
Attachments: P& Z Staff Report and Documentation of January 24, 2000
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 24, 2000
IV.E.
Conditional Use Request to Allow the Establishment of an Adult Day Care
Center within the Delray Office Plaza Complex, Located on the North Side of
West Atlantic Avenue, Approximately 1,250 Feet East of Military Trail.
GENERAL DATA:
Owner ..................................... Delray Office'Plaza, Ltd.
Applicant ................................. Dina Marie Palermo
Location .................................. North side of West Atlantic Avenue, approximately 1,250
feet east of Military Trail.
Property Size .......................... 2.07 Acres
Future Land Use Map ............. Transitional
Current Zoning ........................ POC (Planned Office Center)
Adjacent Zoning ............ North: P.B. County RS (Single Family Residential)
East: RM (Multiple Family Residential-Medium Density)
South: POC
West: PC (Planned Commercial)
Existing Land Use ................... Offices
Proposed Land Use ................ Conditional Use Request to allow the establishment of an
Adult Day Care Center
Water Service ......................... Existing on site.
Sewer Service ......................... Existing on site.
IV.E.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to allow the
establishment of an adult day care facility for The Place Adult Day Care Center,
pursuant to LDR Section 2.4.5(E).
The subject property is located at 4733 West Atlantic Avenue (within Building C,
Delray Office Plaza), which is located on the north side of West Atlantic Avenue,
immediately east of the Delray Square Plaza shopping center.
B A:c
In 1989, the subject property was annexed into the City via Ordinance 66-89 as a
part of the'West Atlantic Avenue #1 Annexation, and was given a zoning
designation of POC (Planned Office Center). The POC zoning was applied to
the property to accommodate a partially completed office complex. The office
complex was approved with two phases under Palm Beach County's jurisdiction.
Phase I, which contained two office buildings (Buildings A & B) was constructed
prior to annexation into the City.
On May 14, 1997, a request to modify the Phase 2 site plan was approved by
the Site Plan Review and Appearance Board. Phase 2, which involved the
construction of a 29,643 square foot office building with 73 parking spaces, has
since been constructed. The conditional use request seeks to allow the
establishment of an adult day care facility within the Phase 2 (Building C) area of
the Delray Office Plaza complex.
[I
The proposal pertains to Building C, which is the northernmost building within the
Delray Office Plaza complex. This portion of the site contains a 29,643 square
foot 1-story office building which is designed around a central interior courtyard.
The proposal involves the utilization of two office suites (#'s 19 and 20) which are
located on the east side of the building and contain a total of 2,600 square feet.
The proposed suites will be renovated to accommodate an adult day care center,
including activity rooms, rest rooms, game rooms, business office area, kitchen
and restrooms. No exterior site changes are proposed.
The applicant has submitted the following narrative, which describes the
operation:
Planning and Zoning Board Staff Report
Conditional Use Approval - The Place Adult Day Care Center
Page 2
"The property will be used for an adult day care center. The hours of operation
are Monday through Friday 8:30 a.m. to 5:00 p.m. Transportation will not be
provided at this time. The maximum number of participants will be forty (40). In
addition the number of employees will be a at ratio of one staff for every six
participants. The center will provide seniors with a solution to prevent further
deterioration both physically and emotionally. We will have a variety of
therapeutic, social and health activities and services. We will also provide in-
facility respite care for the purpose of relieving the primary caregiver".
C O N D ITIONAL
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.t.1 (Required Findings), prior to the approval
of d~velopment applications, certain findings must be made in a
form which is part of the official record. This may be achieved
through information on the application, written materials submitted
by the applicant, the staff report, or minutes. Findings shall be made
by the body which has the authority to approve or deny the
development application.
FUTURE LAND USE MAP: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The subject property has a Future Land Use Map designation of TRN
(Transitional) and a zoning designation of POC (Planned Office Center). The
POC zoning district is consistent with the TRN Future Land Use Map
designation and "adult day care" is listed as a Conditional Use in the district [LDR
Section 4.4.15 (D)(2)].
CONCURRENCY: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-I of the adopted Comprehensive Plan of the
City of Delray Beach.
Streets and Traffic:
The present development proposal is to convert existing office area to an adult
day care facility which would result in a net increase of 59 average daily trips.
The existing daily traffic on the direct assessed roadway link of Atlantic Avenue,
Planning and Zoning Board Staff Report
Conditional Use Approval - The Place Adult Day Care Center
Page 3
between Barwick and Military Trail is below adopted level of service standard
(LOS C) and the proposed increase will have negligible impact on traffic
concurrency.
Water and Sewer:
Water and sewer service exist via service lateral connections to existing
8"mains located on the west side of the site. No main extensions or upgrades
are required with the development proposal.
Drainage:
No exterior site changes are proposed which would impact existing drainage
conditions.
Parks and I~ecreation:
Parks and Recreation dedications do not apply to non-residential developments.
Solid Waste:
Pursuant to the Solid Waste Authority's trash generation rates, the trash
generated each year by the proposed adult day care facility will be 4.5 tons which
is a decrease of 2.52 tons between the office use and current proposal.
CONSISTENCY: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflicts.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies were found.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
Planning and Zoning Board Staff Report
Conditional Use Approval - The Place Adult Day Care Center
Page 4
The subject property (Delray Office Plaza) is bordered by PC (Planned
Commercial) zoning district to the west; POC and RM (Medium Density
residential) to the east; POC to the south; and, Palm Beach County (RS Single
Family Residential) to the north. The existing land uses to the east are multi
family residential (Sunset Pines Condominium) and an auto repair facility
(Goodyear); to the west is commercial (Delray Square Plaza); to the north is
single family residential (Franwood Pines Subdivision); and, the south a vacant
parcel of land.
The adult day care facility is to be located within an existing office building. The
bays to be occupied are situated on the east side of the building. Access to the
facility from the parking lots located on the north and south sides of the building
will be via walkways which surround the building and extends along the interior
courtyard. The proposed operating hours coincide with normal business hours
(8:00 a.m.-5.:p.m.). There should not be any conflicts with other office uses or the
adjacent residences.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was
submitted which staff has reviewed. If the Conditional Use is approved, a
site plan modification must be processed complying with LDR Section.
Based upon staff's review of the sketch plan and site inspections, the
following items have been identified.
LDR Chapter 4.3.3(F) Special requirements for Specific Uses - Adult Day
Care Facilities
Pursuant to LDR Section 4.3.3(F), adult day care facilities are to have a
minimum lot area of 7,500 square feet, a minimum floor area of 35 square feet
per adult. The proposal meets the requirement of this section.
Parking:
Pursuant to Section 4.6.9(C)(4)(a), business and professional offices are
required to provide 3.5 spaces per 1,000 square feet of gross floor area in
buildings greater that 3,000 sq. ft. Based on the combined floor area for Phases
I and 2 (77,789 sq. ft.), 273 were required. A total of 294 parking spaces are
provided. By comparison, the parking requirement for adult day care facilities is
less restrictive (1 space per 300 square feet of gross floor area), thus no
additional parking demand will be generated by the proposed use.
Interior Improvements:
While the following improvements are not required by the LDRs, it is noted that
the Building Code requires two men and two women water closets of which one
of each must be handicapped accessible. In addition, the Building Code requires
Planning and Zoning Board Staff Report
Conditional Use Approval - The Place Adult Day Care Center
Page 5
the provision of a second means of egress. This will require the installation of a
rear access door. These items must be addressed at the time of building permit.
The development proposal is not located within a geographical area requiring
review by the CRA (Community Redevelopment Agency) or the DDA (Downtown
Development Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. Letters of objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowners associations:
High Point Homeowners Association Sections 1-6
· Windy Creek Homeowners Association
· Hanover Square/Windy Creek Homeowners Association
· PROD
· President's Council
· Hamlet Homeowners Association
· Greensward Village Homeowners Association
· Sherwood Forest Homeowners Association
· Sunset Pines Condominium
· Highland Trailer Park
Letters of support and objection, if any, will be presented at the Planning and
Zoning Board meeting.
The proposed conditional use is for the establishment of an adult day care facility
known as The Place Adult Day Care Center. The proposed use is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. Positive findings can be made with respect to Section
2.4.5(E)(5) regarding compatibility of the proposed use with surrounding
properties.
Planning and Zoning Board Staff Report
Condibonal Use Approval - The Place Adult Day Care Center
Page 6
Continue with direction.
Recommend approval of the Conditional Use request, based upon
positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and
Chapter 3 (Performance Standards) of the Land Development
Regulations, and the policies of the Comprehensive Plan, subject to
conditions.
Recommend denial of the Conditional Use request, based upon a failure
to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility).
Recommend approval of the request for Conditional Use for The Place an adult
day care center, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to the following
conditions:
1. That the enrollment of the adult day care facility be limited to 40 participants.
Attachments:
· Sketch Plan
STORAGE
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CITY 0~' DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
THE PLACE ADULT DAY CARE
DELRAY OFFICE PLAZA (BUILDING "C")
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TO:
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FROM:
SUBJECT:
DIANE DOMINGUEZ, DIRECTOR OF P~.~RNING O
MICHELLE E. HOYLAND, PLANNERJ '~~j~ ~(,~{~{. /
MEETING OF FEBRUARY 1, 2000
CONDITIONAL USE MODIFICATION REQUEST FOR GAS DEPOT~ LOCATED AT
THE NORTHWEST CORNER OF ATLANTIC AVENUE AND BARWICK ROAD.
The subject property consists of the east 42.16' of Lot 7 and all of Lot 8, Highland Trailer Park
subdivision, and is 0.50 acres in size. The property contains a former FINA gasoline service station with
4 fuel pumps, two repair bays, and a billboard sign located to the rear (north side) of the property. On
November 3, 1998, a conditional use modification was approved to redevelop the site by demolishing
the existing gas station, removing the existing billboard, constructing a 2,000 sq. ft. convenience store
and installing 3 double sided fuel d~spensers (6 pumps) under a 2,000 sq. ft. canopy. That plan was
never implemented. The current proposal is to modify that approval by increasing the size of the
convenience store to 2,444 sq. ft., installing 6 additional fuel dispensers, and phasing the removal of the
billboard sign. The attached P&Z staff report contains additional background and analysis of the request.
The Planning and Zoning Board held a public headng on this request on January 24, 2000. Three
members of the public expressed concerns about traffic and the proximity of the convenience store to
Carver Middle School. After discussion the Board voted 7-0 to recommend to the City Commission
approval of the conditional use modification request, based upon positive findings with respect to Section
3.1 I and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject
to the following conditions:
2.
3.
4.
5.
6.
7.
8.
That a site plan be submitted that is in general conformance with the sketch plan and addresses
the concerns noted herein;
That all pump islands be equipped to accept electronic payments;
That the stacking distance at the Barwick Road entrance be increased to 18.5' by deleting the
landscape island in front of the building;
That the fascia be constructed at a width to prevent glare from spilling over onto adjacent
properties and that the lights be recessed into the canopy;
That trees be provided every 25' along the N. property line along with a hedge and fence or wall;
That the site lighting comply with LDR Section 4.6.8;
That an agreement is provided stating that the billboard sign will be removed when the current
lease expires (approximately two and a half years), and
That the City receive copies of written notices regarding termination of the billboard lease.
RECOMMENDED' ACTION
By motion, approve the Conditional Use Modification request for Gas Depot gasoline station based upon
positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to the conditions
recommended by the Planning and Zoning Board.
Attachments: P & Z Staff Report and Documentation of January 24, 2000
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:.
January 24, 2000
IV.G.
Conditional Use Modification for the Demolition of an Existing Gasoline Station
and Reconstruction of a Gasoline Station with Convenience Store and Food Mart
for Gas Depot Gasoline Station, located at the Northwest Corner of West Atlantic
Avenue and Barwick Road.
WEST ATLANTIC
AVENUE
GENERAL DATA:
Owner ............................................ G&Z Auto, Inc.
Garbor Foldes, President
Applicant ........................................ Norton D. Waltuch
Agent .............................................. J.D. Group
John D. Greist, P.E.
Location .........................................
Property Size ..................................
Future Land Use Map Designation
Zoning Designation ........................
Adjacent Zoning ................... North:
East:
South:
West:
Existing Land Use ..........................
Proposed Land Use .......................
Water Service ................................
Sewer Service ................................
Northwest corner of Barwick Road and West Atlantic Avenue.
0.50 Acres
General Commercial
GC (General Commercial)
MH (Mobile Home)
CF (Community Facilities)
PRD (Planned Residential Development)
NC (Neighborhood Commercial)
Gasoline service station with 4 fuel pumps, two repair bays, and a small
office w~th a billboard located to the rear (north side) of the property.
Conditional Use Modification of the previously approved plan for
redevelopment of a gasoline station, by adding another 444 sq. ft. to the
convenience store (Total of 2,444 sq. ft.), installing 12 gasoline dispensers
instead of the previously approved 6, and phasing the removal of the
existing billboard sign.
Existing on site.
Existing on site.
The action before the Board is that of making a recommendation to the
City Commission on a Conditional Use modification request and attendant
sketch plan to establish a Gas Depot Gasoline Station with a
Convenience Store/Food Mart, pursuant to LDR Section 2.4.5(E).
The subject property is located at the northwest corner of West Atlantic
Avenue and Barwick Road.
Modifications to Conditional Use Approvals are processed pursuant to
LDR Section 2.4.5(E)(7). Modifications which involve intensity of use or
hours of operation must be approved by the Planning and Zoning Board
(as opposed to staff approval). If however, the Board deems that the
modification is significant, then the modification must be heard as a new
Conditional Use application, requiring formal notification, public hearing,
and final action by the City Commission.
Given the extensive nature of the changes associated with this conditional
use modification, this request has been processed as if it were a new
application. Thus, if the Board finds that the changes are significant, the
request can be forwarded to the City Commission without delay.
The subject property consists of the east 42.16' of Lot 7 and all of Lot 8, Highland
Trailer Park subdivision, and is 0.50 acres. The property contains a FINA gasoline
service station with 4 fuel pumps, two repair bays, and a small office with a billboard
sign located to the rear (north side) of the property.
The property has an extensive land use history with regard to conditional use approvals
and annexation. On October 19, 1998, the Planning and Zoning Board made a
recommendation for approval of a conditional use modification request to establish a
new FINA gasoline station on the subject property. The development proposal included
demolition of the existing gas station and removal of the existing billboard sign;
construction of a 2,000 sq. ft. convenience store; installation of 3 double sided fuel
dispensers (6 pumps) under a 2,000 sq. ft. canopy; and installation of 11 parking
spaces. City Commission approved the conditional use modification on November 3,
1998, subject to conditions.
A request for a conditional use modification has been submitted to modify that approval
by increasing the size of the convenience store to 2,444 sq. ft., installing 6 additional
fuel dispensers, and phasing the removal of the billboard sign. This modification is now
before the Board for action.
Planning and Zoning Board Staff Report
Speedway Gasoline Station with a Convenience Store/Food Mart - Condlbonal Use Approval
Page 2
The proposal is to establish a gasoline station with attendant convenience store/food
mart and incorporates the following:
Phase I:
[] Demolition of the existing gasoline station;
r-] Construction of a 2,444 sq.ft, convenience store;
[] Installation of 6 double-sided fuel pumps (12 dispensers) under a 5,115 sq.ft. "T"-
shaped canopy connected to the convenience store;
[] Installation of a vacuum and air station;
[] Installation of 11 parking spaces adjacent to the south side of the convenience store;
and
[] Installation of associated landscaping and a dumpster area.
Phase I1:
[] Removal of the existing billboard sign and opening in canopy to be closed; and
[] Extension of the store entrance.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.'1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the
development application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of General Commercial
and is zoned GC (General Commercial), thus the zoning is consistent with the FLUM
designation. Within the GC zone district, gasoline stations or the dispensing of gasoline
directly into vehicles is allowed as a conditional use [LDR Section 4.4.9(D)(11)]. As
outlined in LDR Section 4.3.3(J)(2) (Gasoline Station), the convenience store/food mart
is allowed as an accessory use to the gas station. Based upon the above, positive
findings can be made with respect to consistency with the Future Land Use Map.
Planmng and Zoning Board Staff Report
Speedway Gasohne Stabon w~th a Convemence Store/Food Mart - Conditional Use Approval
Page 3
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
To date no water and sewer plans have been submitted, however, the following is
noted:
[] Water service exists via a service lateral connection to the existing 12" main along
Atlantic Avenue.
Sewer service exists via service lateral connection to an 8" main within Atlantic
Avenue.
[] Adequate fire suppression is provided via an existing fire hydrant at the southeast
corner of the site (northwest corner of Atlantic Avenue and Barwick Road).
No water or sewer main extensions or upgrades are required of this development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the
City at build-out. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainage:
The site consists primarily of impervious area with minimal landscape areas and no
exfiltration trenches to accommodate drainage. Thus, the existing drainage sheetflows
off the site and also "pools" on the site. Paving and drainage plans are not required with
a conditional use request. With a full site plan submittal, drainage plans will be required
indicating that the drainage will be retained on-site. At this time, there are no problems
anticipated complying with South Florida Water Management District or Lake Worth
Drainage District requirements.
Traffic:
A traffic study has been submitted indicating that the proposed development will
generate a net increase of 770 vehicle trips in addition to the 559 trips generated by the
existing gasoline station (1329 total trips). Palm Beach County Traffic Division is
reviewing the traffic study and it is anticipated that it will be found in compliance with
Palm Beach County's Traffic Performance Standards Ordinance. On-site circulation
issues and internal stacking are discussed later in the report under Compliance with
Land Development Regulations. Based upon the above, positive findings with respect
to traffic concurrency can be made, subject to approval from Palm Beach County Traffic
Division.
Planning and Zomng Board Staff Report
Speedway Gasohne Station w~th a Convemence Store/Food Mart - Conditional Use Approval
Page 4
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus, there will
be no impact on this level of service standard.
Solid Waste:
Pursuant to Solid Waste Authority Guidelines, trash generated each year by the
proposed 2,444 sq.ft, gasoline station and convenience store facility (29.5 Ibs./sq.ft.) will
be approximately 38.05 tons per year. As the existing service station generates
approximately 17.70 tons per year, the net increase will be 18.35 tons per year. There
is adequate capacity to accommodate the trash generated by the proposal. Therefore,
a positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was identified.
Traffic Element Policy A-6.2 - The approval of a modification to an existing site
development plan and/or conditional use shall be conditioned upon upgrading of
its points of access to meet adopted standards.
Pursuant to the current FDOT (Florida Department of Transportation) access standards
a right-in/right-out driveway must be located 230' from an intersection (i.e. Atlantic
Avenue and Barwick Road). The existing driveways accessing this property along
Atlantic Avenue are located within 180' of the Barwick and Atlantic intersection with the
easternmost driveway located 25' from the intersection. With this development proposal
FDOT has indicated that the easternmost driveway must be eliminated, and the
attendant sketch plan is designed as such.
SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A=
Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
Nor that it will hinder development or redevelopment of nearby
properties.
The following zoning districts surround the subject property: to the north is zoned MH
(Mobile Home); to the south is zoned PRD (Planned Residential Development); to the
Planning and Zoning Board Staff Report
Speedway Gasoline Stabon with a Convemence Store/Food Mart - Conditional Use Approval
Page 5
east is zoned CF (Community Facilities); and, to the west is zoned NC (Neighborhood
Commercial). The surrounding land uses are: a mobile home park to the north
(Highland Trailer Park); vacant residential land to the south, associated with the
Sherwood Forest planned residential development; a middle school to the east (Carver
Middle School); and, a convenience store to the west (Handy Mart).
The existing gasoline station only has 4 pumps and does not contain a convenience
store. Currently the gasoline station is not operating, however when it was operating,
normal operating hours were between the hours of 8:00 a.m. and 6:00 p.m. With the
previous approval the FINA gas station and convenience store were to be open 24
hours a day. The Gas Depot station and convenience store are also to be open 24
hours a day, thus creating some concerns with regard to compatibility for adjacent
residential properties. Those concerns relate to noise and glare that could potentially
be generated by this development. Noise should be somewhat contained underneath
the canopy. The requirements for site lighting are outlined in LDR Section 4.6.8. The
lighting adjacent to the residential properties is not to exceed 40 foot-candles and must
be directed towards the interior of the site to prevent any spillover. Further, an
extensive landscape buffer consisting of trees every 25' should be provided to screen
the property as well assist in preventing glare spillover. It is noted the lighting
underneath the canopy shall not exceed the maximum 100 foot-candles and must be
reduced accordingly to not exceed 50 foot-candles after 11:00 p.m. It is suggested that
the fascia width be increased so that the lights are within the canopy and horizontal
glare is prevented. These concerns were raised with the previous approval for the FINA
gas station and need to be addressed with the current proposal.
The vents for the pumps will be located on the west side of the property, away from the
existing residences. Thus, there should not be significant impacts with respect to
fumes.
The development proposal should not have a detrimental effect on the stability of the
neighborhood nor should it hinder development of nearby properties, provided
additional buffering is provided, the width of the canopy fascia is increased to prevent
glare spillover, and the site lighting complies with LDR Section 4.6.8.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The proposed use will be in compliance with the Land Development Regulations.
If the Conditional Use is approved, a full site plan submittal complying with the
Land Development Regulations will be required. Along with the Conditional Use
request, a sketch plan has been submitted and reviewed by staff. Based upon
staff's review of the sketch plan and site inspections, the following "Technical
Items" were identified. These items have transmitted to the applicant and will
need to be addressed with the full site plan submittal.
Parking
Pursuant to LDR Section 4.6.9(C)(3)(c), gasoline stations with or without convenience
stores shall provide parking at a rate of 4.5 spaces per 1,000 sq.ff, of total floor area.
The proposed gasoline station includes a 2,444 sq.ft, convenience store which requires
Planning and Zomng Board Staff Report
Speedway Gasoline Station with a Convemence Store/Food Mart - Conditional Use Approval
Page 6
11 parking spaces. The previous proposal for FINA included 11 parking spaces for the
2,000 sq. ft. convenience store. The layout and number of parking spaces has not
changed w~th the current proposal as 11 parking spaces are proposed as well (with the
western most parking space being designated for employee parking). Thus, the parking
requirement has been met.
Stacking Distance and Traffic Circulation
Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and
transition of incoming traffic from a public street, such that traffic may not backup into
the public street system. The minimum distance between Barwick Road and the first
parking space ~s 20'. The stacking distance provided is 11.5' and could be increased to
18.5' if the proposed landscape island in front of the store were deleted. The traffic
study indicates that traffic distribution will be 20% of the traffic entering from Barwick
Road and 80% entering from Atlantic Avenue. Increasing the stacking distance
provided on-site and the estimated potential supply and demand, it would be very
unlikely that the queue of vehicles would interfere with traffic traveling Barwick Road or
Atlantic Avenue. Therefore, the 1.5' decrease in the required 20' stacking distance is
supportable.
Utilizing previous studies conducted by City staff, the average service time for fueling
vehicles is 3.66 minutes (with card reading dispensers). If each pump is occupied, the
site could accommodate approximately 160 vehicles per hour. The highest estimated
demand ~s 58 vehicles during the P.M. peak hour. Based upon this information, it is
estimated that 36 percent of the station's capacity would be utilized during the P.M.
peak hour. Therefore, it is unlikely that more than one vehicle will be waiting in queue
for an available pump station.
While a vehicle may take an additional minute, there are an adequate number of pumps
to accommodate other vehicles. Typically, customers purchasing convenience items
would park in a designated parking space.
Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24' for normal traffic
flow w~th perpendicular parking and the minimum aisle width for two way traffic flow is
20' where there are no parking spaces entering therein. The drive aisle width between
the parking spaces and the pump islands is proposed to be 25' wide and the drive aisle
width between the landscaped area on the south side of the property and the pump
islands is proposed to be 23' wide. Therefore, it is anticipated that sufficient
maneuvering area will be provided for on-site.
The concerns regarding on-site traffic congestion and circulation problems will be
mitigated by measures that will speed up transactions and reduce the potential for
congestion, such as card reading dispensers and the increased number of fuel
dispensers.
Planning and Zomng Board Staff Report
Speedway Gasoline Station w~th a Convenience Store/Food Mart - Conditional Use Approval
Page 7
Site Lighting
Pursuant to LDR Section 4.6.8(A)(3) (Illumination Standards), when measured 10 feet
within the property upon which the fixture is located, the illumination shall not exceed
100 foot-candles within display and storage areas, and 40 foot-candles within all other
areas. Extensive lighting and glare is a concern as residential property exists to the
north. Additionally, an elevation of the proposed canopy must be provided to ensure the
hghting under the canopy does not cause glare spillover onto the residential properties
to the west. Thus, the project must comply with the illumination standards outlined in
LDR Section 4.6.8. Additionally, in order to ensure the lights are directed downward
and to prevent glare spillover onto the residential properties, the width of the fascia
should be increased. A photometrics plan and an elevation plan must be submitted
indicating the locations of all site lighting fixtures and the illumination standards. As
these items were conditions of the previous approval, they will need to be addressed
with the proposed conditional use modification. Therefore, these items have been
attached as conditions of approval.
Perimeter Landscaping
Pursuant to LDR Section 4.6.16(H)(3)(e), where commercial property directly abuts
residential property or property ~n residential use trees must be provided every 25'. As
a public right-of-way exists along the north side of the property, there is some
separation between the commercial property and the residential property. However,
with reviewing the previous approvals a condition of approval was that a tree be
provided every 25' along with a hedge and fence/wall to increase the buffer. These
measures were taken primarily to prevent the glare spillover and to decrease the impact
of noise on the residential neighborhood to the north. Therefore, trees every 25', a
hedge and a fence/wall must be installed along the north property line. These items
have been attached as conditions of approval.
Sale of Alcoholic Beverages
Pursuant to LDR Section 4.3.3(V)(3), alcoholic beverages shall not be sold at any
establishment that is located within 300' of an established school or church. However,
the above restriction does not apply to a duly licensed grocery store that sells beer and
wine in packages for off-site consumption. While the subject property is located within
300' of Carver Middle School, the restriction will not apply as the convenience
store/food mart is considered as a smaller scale grocery store that sells beer and wine
in packages for off-site consumption.
Gasoline Stations Supplemental Regulations
The development proposal complies with all the supplemental regulations for gasoline
stations outlined in LDR Section 4.3.3(J).
Planning and Zoning Board Staff Report
Speedway Gasoline Stabon with a Convemence Store/Food Mart - Conditional Use Approval
Page 8
Convenience Store/Building
Requirements
Setback & District Boundary Separation
Pursuant to LDR Section 4.3.4(K)(Development Matrix), a 10' rear building setback is
required. Additionally, pursuant to LDR Section 4.6.4(A)(2), where the side or rear of
commercially zoned property does not directly abut residentially zoned property, but is
separated from it by an alley, the commercially zoned property shall provide a 10'
building setback from the property line located adjacent to the separator. The proposed
convenience store is setback 10' from the north property line.
Additionally, in situations where commercially zoned property directly abuts residentially
zoned property without any separation such as a road, a 6'-high solid finished masonry
wall or hedge is required. Since there is an existing public right-of-way to the north of
the property, which separates the commercial property from the residential property to
the north, this section of the City's development regulations does not apply. However,
buffer and landscape requirements are further discussed in the perimeter landscaping
section of this report.
Billboard Sign
The development proposal includes two phases with the majority of the modifications
being completed with Phase I. Phase II includes removal of the billboard sign and
modification to the convenience store entrance. Initially, staff recommended that the
sign be removed with the construction of the new gasoline station. The applicant has
indicated that the lease agreement between the property owner and the owner of the
billboard sign has two and a half years until the lease can be terminated. The property
owner would be required to "buy out" the remaining time left on the lease of the billboard
sign ($100,000 per year = $250,000 total) if it were to be removed prior to the leasing
term. The applicant has indicated that the "buy out" cost of the billboard sign would
prohibit development of the property for two and a half years. As the proposal includes
removal of the billboard sign as part of Phase II, staff can support the conditional use
request if an agreement is provided stating that the billboard sign will be removed when
the current lease expires (approximately two and a half years).
Other Technical Items:
The following technical items must be addressed with the full site plan submittal, if the
conditional use is approved.
1. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along Barwick
Road and a s~dewalk has not been provided.
Given the proposed facility's location adjacent to the middle school a 5-space bike
rack should be prowded and a caution sign at the Barwick entrance that reads
"Children Walking".
Planning and Zomng Board Staff Report
Speedway Gasoline Station with a Convemence Store/Food Mart - Conditional Use Approval
Page 9
The development proposal is not within a geographical area requiring review by the
CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or
the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a full site plan submittal will follow. Final action
on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance
Board). The site plan must accommodate concerns raised through the conditional use
petition, and address the listed "Technical Items".
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and civic
associations:
[] Greensward Village Condominium
Association (within The Hamlet
development)
[] Hamlet Residents Association
r-I Hanover Square/VVindy Creek
Homeowners Association
[] Highland Trailer Park
[] High Point Sections 1-7
[] PROD (Progressive Residents of
Delray)
[] President's Council
[] Sherwood Forest
[] Sunset Pines
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The current proposal is to modify the previous conditional use approval by increasing
the size of the convenience store to 2,444 sq. ft., installing 6 additional fuel dispensers
and phasing the removal of the billboard sign. The proposed conditional use
modification is consistent with the policies of the Comprehensive Plan and Chapter 3 of
the Land Development Regulations. A positive finding with respect to LDR 2.4.5(E)(5)
(Conditional Use Findings) can be made provided that the concerns noted herein are
addressed with the submittal of the site plan. The proposal provides adequate parking
and landscaping as well as circulation. Adequate stacking distance will be provided at
the Barwick Road entrance by deleting the proposed landscape island in front of the
store. In order to address concerns regarding glare, the canopy must be designed so
the lights are recessed into the canopy. To enhance compatibility along the north
property line adjacent to the residential properties extensive buffering consisting of
hedges with trees every 25' will be required as well as a fence or wall.
Planmng and Zoning Board Staff Report
Speedway Gasoline Station w~th a Convemence Store/Food Mart - Conditional Use Approval
Page 10
A. Continue w~th direction.
Bo
Recommend approval of the conditional use modification request for Gas Depot
Gasoline Station, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
Recommend denial of the conditional use modification request for Gas Depot
Gasoline Station, based upon a failure to make positive findings with respect to
compatibility
Recommend approval of the conditional use modification request for Gas Depot
Gasoline Station, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to the
following conditions:
1° That a site plan be submitted that is in general conformance with the sketch plan
and addresses the concerns noted herein;
2. That all pump islands be equipped to accept electronic payments;
3. That the stacking distance at the Barwick Road entrance be increased to 18.5' by
deleting the landscape island in front of the building;
4. That the fascia be constructed at a width to prevent glare from spilling over onto
adjacent properties and that the lights be recessed into the canopy;
5. That trees be provided every 25' along the north property line along with a hedge
and fence or wall;
6. That the site lighting comply with LDR Section 4.6.8; and
7. That an agreement is provided stating that the billboard sign will be removed when
the current lease expires (approximately two and a half years).
Attachment:
Q Sketch Plan
Report prepared by:
Michelle E. Hoyland, Planner
~. L~ Lift 7~
Z
[:3
^ BAR,lICK ROAD
P A V £ ,~
Z
,GAS DEPOT SERVICE
~ S~T'A'~TI~Q~IEA~N4 "TORE
W At A Deh-a ~Be~mh, FL ~445
kt. L.rl~ LfJT 7'~
145,75~
^ BAR,lICK
Z
~o[iGAS DEPOT SERVICE
~ISTATION AND
~ ICONVENIENCE STORE
[IT¥ I]F DELHI:IV BER[H
DELRAY BEACH
AJI-AmericaCity
19q3
FROM:
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 561/243-7000
MEMORANDUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
SUBJECT:
AGENDA ITEM # CITY COMMISSION MEETING, FEBRUARY 1, 2000
APPROVAL VALET PARKING QUEUE AND PARKING LICENSE AGREEMENT
DATE: January 27, 2000
ACTION
City Commission is requested to approve a four (4) space parking queue on the east side of NE 2~d Avenue just
north of the first alley north of Atlantic and approve a Parking License Agreement with Kyoto Sushi and Sake
Lounge, Inc.
BACKGROUND
Four (4) valet parking queues had previously been established on Atlantic Avenue, none on NE 2"d Avenue with
the continued improvements, and development in Pineapple Grove, the Parking Management Advisory Board
felt there was now a need for a valet queue on NE 2nd Avenue.
Attached is an executed Parking License Agreement along with proof of insurance and pdvate lot use
agreement from Kyoto Sushi and Sake Lounge, Inc. The Parking Management Advisory Board, at their meeting
held on January 25, 2000, voted 5-0 (Onnen abstaining) to approve the establishment of a new valet parking
queue as requested on NE 2"d Avenue and the Parking License Agreement.
RECOMMENDATION
Staff recommends approval of the proposed valet parking queue and the Parking License Agreement with Kyoto
Sushi and Sake Lounge, Inc.
RAB:tas
File:u:sweeney/agenda
Doc.:kyoto sushi and sake lounge
THE EFFORT ALWAYS MATTERS
Printed on Recycled Pap~ ~.. E o
TO:
FROM:
Parking Management Advisory Board Members
~Robe~ A. Barcinski, Assistant City Manager
DATE:
January 21, 2000
SUBJECT:
Agenda Item - PMAB Meeting January 25, 2000
Approval of Parking License Agreement -Kyoto Sushi
& Sake Lounge, Inc.
ACTION
The Board is requested to approve a Parking License Agreement with J~yoto Sushi and
O- · nd
Sake Lounge, Inc. for four (4) valet parking queues located on the ~a~side of N.E. 2
Avenue. An executed license agreement, proof of private parking and insurance
certificate are attached.
BA CKGR 0 UND
We presently do not have any designated valet parking queues on N.E. 2nd Avenue. With
the continued development of Pineapple Grove, I think this request is worth considering
as an incentive to development. If the Board wishes to approve this request then you will
also need to recommend adding this location as one of the approved parking queues. My
only concern is that the lot being proposed to be used to park the cars in is located at 246
N.E. 6th Avenue, approximately six (6) blocks away. The valet company has indicated
that they will shuttle vehicles back and forth.
RECOMMENDATION
Staff recommends approval provided we can be assured the shuttle service will work to
the private lot.
RAB: kwg
Attachment
Fil¢:u'graham/mise
Doc.:PMAB - Prkng Agrmnt Kyoto Sushi & Sake Lounge
PARKING LICENSE AGREEMENT
~OOO
THIS AGREEMENT ("The Agreement") is made this /'7 day of~'-//~/~-~O~/, ~
by and bctwcen the CITY OF DELRAY BEACH, a Florida Municipal Corporation (thc
"C~TY"), and g'/a~-~ SqS~' ~ ~ ~.Age Lo.~)~ qua , a florida corvorat~on
·
("LICENSEE").
WITNESSETH:
WHEREAS, LICENSEE has requested permission to use a certain number of public
parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and
WHEREAS, in order to use the parking spaces, the CITY requixes that LICENSEE
enter into this non-exclusive License Agreement,
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 arc hcrcby acknowledged, thc panics
hereby agree as follows:
1. Incorporation of Recitals. Thc parties hereby represent and warrant that thc
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive
usc of '/~ (number) parking spaces located
for valet parking queues. Thc parking spaces are to be used for valet parking queues daffy
between the hours of. 5' p.m. to _L_ a.m. on M0dl)^'/. 7~t~ suql)a,/. (days
per week). LICENSEE acknowledges that the valet parking queues may be unavailable for
use during certain special events from time to time (as determined in the CITY's sole
discretior0 and during the special events, the license will not be valid. It is also understood by
the terms of this Agreement that the valet queue location may from time to time be re-located
by the CITY in its sole discretion after provid/ng thirty (30) days' written notice to
LICENSEE. The valet queues assigned may also be shared by other licensees who enter into
a "Valet Parking License Agreement" with the CITY. The City Police Deparh,~ent is assigned
enforcement responsibilities for the provisions of this agreement regarding the location, time,
days of the valet service, parking limitations and requirements, and compliance with all
applicable laws and ordinances.
3. Parldng Locations/Agreements. LICENSEE agrees that it will not park any
cars in CITY owned on-street or off-street parking spaces. LICENSEE further agrees that
LICENSEE will provide the CITY with written assurances and/or a lease agreement for use
of a private parking lot(s). The private lot(s) must also comply with nfinimum City codes for
a parkirig lot(s). These assurances and agreements must be provided upon execution of this
License Agreement. Failure to comply with tbese conditions will be a basis for termination of
this License Agreement,
4. Payment for Parking Queue Si}aces. LICENSEE agrees to pay the CITY
fifty dollars ($50,00) per month, per parking queue space utilized by the 10th of each month.
A late fee of 5 % will be charged after this date. If more than one License Agreement is issued
for the queues, the fee will be shared proportionately.
5. Signage. The CITY agrees to post the valet parking queue spaces with valet
parking times and days authorized. Sandwich board signs may not be used to advertise the
Advertising signs will be allowed as prescribed by the City's Manager or his
valet service.
designee.
6.
Valet Equipment. The LICENSEE'S operator may for the storage of keys
install a moveable, temporary, valet desk on the sidewalk, either public or private, during the
hours of valet service so long as the desk docs not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement shall tm for one year from
the date written above provided, however, the license for the parking queues for Saturday and
Sunday shall be for a period of six (6) months from the date written above. The license may
be renewed after six (6) months for the Saturday and Sunday parking queues and thereafter
annually and annually for the remaining dates and times by thc City Manager following receipt
of a written notice from LICENSEE that LICENSEE desires to continue using the parking
spaces for valet parking queue, if the City Manager determines in his solg discretion that the
renewal is in the best interests of the CITY.
2
8. Revocable License. This Agreement is only a non-exclusive License
Agreement and may be revoked by the CITY at anytime without cause upon providing written
notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed.
9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state
laws and local ordinances regarding parking that exist or as amended from time to time.
LICENSEE further acknowledges that due to the high traffic in this area, double parking
unattended vehicles will not be permitted.
10. Notice. Notices required to be provided pursuant to this Agreement shall be
sent to the following addresses:
To CITY: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To LICENSEE: ~.~
11. Ins~ce. LICENSEE agre~ to provide ~e CITY insur~ for ~e valet
se~i~ in ~e amoums and under ~e conditions prescri~d M E~bit A and ~e City of Delray
Beach s~ll be named an additional insured.
12. Indemnification. In consideration of ~e payment of Ten DoBars ($10.00),
r<eipt of wMch is hereby ac~owledged, LICENSEE s~l protect, defend, iMe~ ~d
hold h~s ~e CITY ~om and aga~t any and all cla~, suits, notions, d~ages ~d/or
causes of action aris~ dur~ ~e Term of this ~ase for any personal init, loss of life
and/or damage to properW sustained ~ or about ~e park~g spaces/queues by reason or as a
result of ~e use ~d o<up~ey o~ the parsing apaees/~euea by LI~NSEE, its agents,
employes, licenses, ~vitees, and mem~rs of ~e public generally, ~d ~om aM against any
orders, jud~ents, a~/or decrees which may ~ entered ~ereoa, ~d ~om and aga~t all
cos~, aRomey fees, e~e~es ~d liabi~fies inched ~ and about ~e defeme of ~y such
cla~. In ~e event ~e CI~ shall be made a party to any lit~afion co~enc~ agaimt
LICENSE or by LI~NSEE against any ~ird pa~y, ~en ~e LICENSEE shill protect,
3
defend, indenutify and hold the CITY harmless and pay all costs and attorney's fees incurred
by the CITY in connection with such litigation, and any appeals thereof.
13. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by tea.son 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 relievo 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.
14. Termination. LICENSEI~ acknowledges that the CrYY may terminate this
non-exclusive License Agreement for cause for any violation of any terms and conditions
contained herein without notice unless otherwise specified, and this agreement shall be
immediately deemed null and void and shall have no further force and effect. LICENSEIg
will at ali times comply with tho City's policy/procedure for use of public parking
spaces/queues which shall change from time to time subject to the sole discretion of the City.
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, .taxes, use taxes,
property taxes, and sale taxes that may be imposed.
16. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY, which the CITY may withhold grants in its sole
discretion.
17. Further Assurances. The parties shall from time to time execute and deliver
such other and further instruments and documentS and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
18. Binding Effect. Ail of the terms and provisions of th~s Agreement shall bo
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective, heirs, successors, legal representatives, and permitted assigns.
19. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understaildings and agreements
4
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
20. Amendments. This Agreement may not be amended, modified, altered, or
charged ia any respect, except by a fur~er agreement in writing duly executed by each of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be duly executed on their behalf this ~ day of , I99~ _
ATTEST:
THE CITY OF DELRAY BEACH,
a Florida Municipal Corporation
By;
City Clerk Jay Alperin
Mayor
Approved as to form:
City Attorney
a Florida Corporation
Ti.e: V'~ ~.
COUNTY' OF
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me this oq/~z~- day of
c' ~oo, by__~_./~ .~ ,as ~/-~~./~~..
(n~e of co~oration a~owl~ging), a (state or place of
5
incorporation) corporation, on behalf of the corporation, He/She is personally known to me or
has produced ~]_/~,~//
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
valet park~og ~gt
NoJa,'y Public - Stale
Commission ExpTres
EXHIBIT A
INSURANCE REQUIREMENTS FORM
Worker's Compensation per the Slatutory limits of the ~;tal~ of Florida to include
Employer'~ Liability Insurance with limit~ of at least $100,000/$$00,00o/$100,000.
Oar, g~ Liability Insurance of at least $1,000,000 combtncd single limits per
occurrcnce to protest the City against all risks of injury to persons (including death)
or damage to pmpen'y whercvcr located resulting from my action or operation under
thc contract or tn cbnncction with the work. This policy is to provide covcrngc for
premiscs/operntions Including auto liability, Jndcpendent contrnctors, broad form
contractual ilabfifty, products/completed operations. Thc liability itisurance coverage
shall extend to and include the contractual Indemnity and hold harmless agreement
exactly ns written in "lnsurnnce Requirements", Section 9 of this RFP. '
Garage Keepers Insurance with limits ofno less than $60,000 per auto, with nn n2mual
ngtp'egatc of $500~000,
Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles cormcctcd with the business.
The City of Delray Beach nnd PRIVATE LOT OWNI~R$ must bc nnmcd ns
additional insured on the liability policies; Lad it must be stated on the certificate.
Thirty (30) days written cancellation notice required.
Beat's guide rating B-+, VIII or better, latest edition.
vnil:( packing hlCmanc~e.q!
KYOTO SUSHI SAKE LOUNGE
25 NE 2Nv AVE
DELRAY BEACH, FL. 33444
(561) 702-5548
fax(561) 361-6500
Mr. Robert Barcinski
Asst. City Manager
City of Delray Beach
Delray Beach, FI. 33444
Dear Mr. Barcinski,
The purpose of this letter is to establish that an agreement is in place between
Kyoto Sushi Sake Lounge and Alpine Motors located at 246 NE 6th Ave Delray
Beach, Florida for the parking of customer cars by Prestige Valet.
Kyoto Sushi will be contracting with Prestige Valet for their services to park
customers cars of those that stop in front of 25 NE 2"d Ave and want to have their
vehicles valet parked for them. Prestige Valet will provide all necessary insurance
mandated by the City of Deiray Beach.
Both Kyoto Sushi and Alpine Motors ownership have signed below their
approvals for the agreement described within and we remain sincerely yours,
Kyoto Sushi Sake Lounge
Signed by:
Alpine Motors
Signed by:
Policy Number
1361577789
~.,J Crum&Ferster
Insurance
GARAGE COVERAGE PART DECLARATIONS
UNITED STATES FIRE INSURANCE COMPANY
ITEM ONE
Named Insured PRESTIGE VALET
Agent Name PSA - NPA
.............. 6F C0VER^C S AND CO'VE. ED ' '
Item Two - SCHEDULE AUTOS
Effective Date: 0 5 - 0 5 - 9 9
12:01 A.M., Standard Time
Agont No.
,T. his p,olicy provides only t~ose c,ov?rag_es,, where a charge is shown mth, e premium column below. Each of the~ coverages will apply only to those
autos shown as covered 'autos. 'Autos are shown es covered "autos for a particular coverage by the entry of cae or more of the symbols from the
COVERED AUTO Section of the Garage Coverage Form next to the name of the coverage Entry o! a symbol next to LIABILITY provides coverage
for "garage operations." ,.,
COVERAGES
COVERED AUTOS
(Enlry of one or more of the
symbols from the COVERED
AUTO Section o! the
Garage Coverage Form
shows which autos
are (~overed autos;
LIMIT PREMIUM
"GARAGE OPERATIONS"
EACH "ACCIDENT" AGGREGATE
LIASIUTY
PERSONAL INJURY PROTECTION (P.I P )
ADDED PERSONAL INJURY RROTECTION
(or equivalent added No-faul! Coverage)
PROPERTY PROTECTION INSURANCE
(Michigan only)
M ED~C-,.4L. PAYMENTS
"AUTO"
ONLY
OTHER THAN
"AUTO" ONLY
OTHER THAN
"AUTO" ONLY
$ 1,000,000 $ 1,000,000 $ 3,000,000 $ 1,599.00
SEP,N:~TELY STATED 1N EACH PiP ENDORSEMENT MINUS
$ DEDUCTIBLE
SEPAPATELY STATED IN EACH ADDED PiP ENDORSEMENT
SEPARATELY STATED IN THE P.P.I. ENDORSEMENT MINUS
$ DEDUCTIBLE FOR EACH ACCIDENT
$ 5,000 $ 12.00
UNINSURED MOTORISTS
UNDERINSURED MOTORISTS
(When not Included In Unlnsurea)
C-~aEIAGEKEEPERS
COMPREHENSIVE
3O
GARAGEKEEPERS SPECIFIED
CAUSES OF LOSS
30
ACTUAL
CASH VALUE
OR COST OF
REPAIR,
WHICHEVER
IS LESS
MINUS
GARN3EKEEPERS
COLUSION
PHYSICAL DAMAGE
COMPREHENSIVE
PHYSICAL DAMAGE
SPECIFIED CAUSES OF LOSS
PHYSICAL DAMAGE
COLLISION
GARAGEKEEPERS LIMITS AND DEDUCTIBLES ARE
DISPLAYED ON
FM 204.0.8 PT 1, I rEM SIX, OR
FM 304.0.9 PT I. ITEM FIVE
$ DEDUCTIBLE FdR EACH
COVERED AIJTO NO DED APPLIES TO ~
CAUSED BY FIRE OR LIGHTNING
3,690.00
2,096.00
$25 DED. FOR EACH COVERED AU ro FOR LOSS
CAUSED BY MISCHIEF OR 'VANDALISM
DEDUCTIBLE FOR EACH COVERED
$
PHYSICAL DAMAGE $50 OR EACH DISABLEMENT OF A PRIVATE
TOWING AND ~ PASSENGER 'AUTO' $
.f' See Supplementary Schedule for dealers "autosL and "aulos" hetd for sale by Irallar dealers and non-dealers
I 900. OO
PREMIU~
ENDORSEMENTS
FORMS AND ENDORSEMENTS, (aPplyi,n, g to this Coverage I~art,,, at time of issue)
ESTIMATED TOTAL
See Schedule of Forms and Endorserr~nts
,7,f9'~7.ooi
THIS DECLARATION IS NOT COMPLETE UNTIL EffHER DEALERS SCHEDULE OR NON-DEALERS SCHEDULE IS A'I-FACHED
'Forms and Endorsements applicable to this Coverage Part omitted if shown elsewhere in the policy.
~' ~' (or equivalent No-Fault Coverage)
FM 204.0.7 04 94 ,nsu.~o cc~,
£1T¥ OF gELI:II:I¥
DE££AY BEACH
AII-AmericaCity
1993
Mr. Michael Ageloff
Kyoto Sushi & Sake Lounge, Inc.
25 NE 2"d Avenue
Suite 208
Delray Beach, Florida 33444
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
Dear Michael:
Your request for a Parking License Agreement to utilize a four- (4) space queue on the
east side of NE 2"a Avenue just north of the alley north of Atlantic was approved by City
Commission at their regular meeting on February 1, 2000. I will send you an executed
copy when it is signed.
Please call me to finalize the queue location for signage and start date. Also call if you
have any questions. I hope your valet service will be successful.
Sincerely,
Robert A. Barcinski
Assistant City Manager
RAB/tas
Cc:
Milena Walinski
Major Larry Schroeder
Hoyt Owens
Alison MacCn'egor-Harty
File:u:sweeney/parking
Doc:kyoto sushi and sake lounge
Pnnted ~ F~ecycled Paper
THE EFFORT ALWAYS MATTERS
[IT¥ DF DELRI:I¥ BEI:I£H
DELRAY BEACH
AII-AmericaCity
TO:
1 9q.~]
100 N.W. 1st AVENUE ~ DELRAY BEACH, FLORIDA 33444
MEMORANDUM
FROM:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
AGENDA ITEM # CITY COMMISSION MEETING, FEBRUARY '1, 2000
SPECIAL EVENT REQUEST. DELRAY AFFAIR
561/243-7000
DATE: January26,2000
ACTION
City Commission is requested to endorse the Delray Affair to be held April 28-30, 2000 to grant a temporary use
permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way as requested, to waive LDR's
Section 4.6.7 (D)(3)(j)(ii) to allow signage to be placed more than one week prior to the event by April 10th, to
provide staff support as outlined in the attached letter, to split the overtime costs 50/50, with a maximum City
contribution of $11,500, to waive LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners, and to allow all vendor
permits to be assigned by the Chamber of Commeme.
BACKGROUND
Staff has reviewed the attached request from the Chamber of Commeme for the Delray Affair. We support the
request except for the following:
A. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the
events proposed on park property.
B. Grant approval of signs per code requirements, and allow banners to be placed within confines of the event
site as may be approved by the Community Improvement Director.
Estimated overtime total for this event is $27,500. Last year's actual overtime costs were approximately
$26,000.
RECOMMENDATION
Staff recommends approval of the Chamber of Commeme's request with staff recommended exceptions.
RAB:tas
File:u:sweeneylagenda
Doc.:2000 Delray Affair
THE EFFORT ALWAYS MATTERS ?. ~.
Prlnted o~ Recyc(ed Paper
~'TC 99
lray Affair
64-A 5.E. Fifth Avenue
belr~y Be4ch, FL 33483
~1~ (561) 278'0424
(56~279-1380 x 22
fox (561) 278-0555
chamber~delraybeach.com
www.delroyoff air.com
December 14, 1999
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RECEIVED
DEC 1 6 1999
CITY MANAGER
Dear Mayor and Commissioners:
The DelrayAffair, celebrating its 38th anniversary in 2000, is scheduled for
April 28, 29, & 30, 2000 and we would like to request your support once
again.
We are very proud of the excellent reputation the event has eamed over the
last 37 years and we attribute a part of the success to the great relationship
we have with the City of Delray Beach.
The event has a significant economic impact of more than $30 million as
measured in our 1998 Economic Impact Study.* We also are thdlled to
share the news of our most recent accomplishments, one of 200 Best Art
Events in the United States by Sunshine Artist magazine and a bronze
pinnacle award presented by the International Festival and Events
Association. It is our hope that these designations, along with others
received in the past, will assist us in our effort to continue to bring more tour
groups and visitors to Delray Beach during the Affair.
Please consider approval of the following Delray Affair items:
1. Endorsement by the City Commission as a City supported event;
Use of City parking facilities at Worthing Park, Veterans Park, the
City lot behind Hand's, Cason Cottage, NE 1st Street, and lot
adjacent to Vittorio's Restaurant on Federal Highway northbound just
south of Atlantic Avenue for entertainment and exhibitor parking;
o
Use of all area within Worthing Park, Veteran's Park, and the extedor
grounds of Old School Square (please note that a separate request
letter has been sent directly to Old School Square);
Blocking off parking from Swinton Avenue to the Intracoastal
Waterway and closing Atlantic Avenue to traffic from Swinton
Avenue to Palm Square. Blocking access to Atlantic Avenue from
each side street in this area from alley to alley, Suspension of
parking time restrictions;
Continued
De/ray Affair- Page 2
Provide City staff support with representation from Police, Fire,
Streets, Engineering, Fleet and Facility Maintenance, Community
Improvement, Parks & Recreation, and City Managers Office for
planning and operation services;
Allow this to be the only Commission approved event dudng the
DelrayAffairtime frame. Allow all permits to be assigned by the
Chamber of Commerce only, with the exception of the Special
Event Parking Lot Concessions;
Permission to erect signs promoting the event from Apd110th
through May 1st.
o
Permission to erect overhead banners within the confines of the
De/ray Affair site;
We respectfully request a 50/50 split on City staff overtime services
with the $11,500 cap that was instituted in 1998.
We sincerely appreciate all of the efforts of the City employees and look
forward to a great Delray Affair in 2000. We hope each of you will be a part
of the festivities. -
Yours truly,
William J. Wood
President
CC:
Dave Harden, City Manager
Bob Barcinski, Asst. City Manager
Joe Weldon, Director of Parks & Recreation
Hoyt Owens, Director of Public Works
Allen Powery, Supt. Streets/Traffic
Lulu Butler, Director of Community Improvement
*Regional Research Associates, 1998
[ITY OF DELAIlY BEI:I£H
DELRAY BEACH
Ail-America City
1993
FROM:
100 N.W. 1st AVENUE
MEMORANDUM
David T. Harden, City Manager
~'~obert A. Baminski, Assistant City Manager
DELRAY BEACH, FLORIDA 33444
561/243-7000
SUBJECT:
AGENDA ITEM # CITY COMMISSION MEETING, FEBRUARY 1, 2000
SPECIAL EVENT REQUEST- DELRAY AFFAIR 5K RUN
DATE: January25,2000
ACTION
City Commission is requested to endorse the 3rd Annual Defray Affair 5K Run to be held on Saturday, April 29,
2000 from 7:00 a.m. - 10:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of Anchor
Park and use and closure of A-l-A, to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow signage to be placed more
than one week pdor to the event, to provide staff support as outlined in the attached letter, and to split the
overtime costs 50/50 with the City.
BACKGROUND
Attached is a letter request from the Chamber of Commerce for this event as a separate event to be held dudng
the Delray Affair. The Chamber is asking that overtime costs for this event be split 50/50 and not be included in
the Delray Affair overtime cap. Estimated overtime for this event based on last years total is $2,000. Last year
Commission set a cap of $1,000 for overtime cost.
RECOMMENDATION
Staff recommends approval of the temporary use permit for this event, approval of the signage waiver, allowing
signs to be put up Apd110th, approve staff support, and splitting the overtime costs 50/50 with a cap of $1,000.
RAB:tas
FJle:u:sweeney/agenda
Doc.:SKrun delray affair 2000
THE EFFORT ALWAYS MATTERS
~TTC 99
lr~¥ Affair
64-A $.E. Fifth Avenue
belray Beach, FL 33483
~ (561) 278.0424
{56~279-1380 x 22
f~61) 278'0555
chamber~delraybeoch.com
www.delroyaff air.com
December 14, 1999
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor and Commissioners:
In addition to your review of the 2000 De/ray Affair, celebrating its 38th
anniversary on April 28, 29, & 30, 2000, please consider the following
request for the 3rd Annual Delray Affair 5K Run & Health Walk. This was a
new program for us two years ago and has had great results and success.
The 5K Run/Health Walk is scheduled to take place the Saturday of the
Delray Affair weekend, April 29, 2000. This event would be held on the
already certified Turkey Trot course along A1A. All subsidiary City services
would be the same or similar to those required for the City's Turkey Trot.
We are very proud of the excellent reputation that the Delray Affair has
earned over the last 37 years and feel that this activity definitely adds a
fresh sense of excitement and popularity to the already established event.
It is our hope that this 5K Run/Health Walk will assist us in our effort to
continue to bring more tour groups and visitors to Delray Beach during the
Affair.
The actual starting time of the race is 7:00 a.m. and is expected to last 90
minutes.
Please consider approval of the following Delray Affair items:
1. Endorsement by the City Commission as a City supported event;
Use of City parking facilities at Anchor Park for the race registration
site, participant parking, and race start/finish line (from approx. 5:30
a.m. to approx. 10:00 a.m.);
Blocking off parking along AIA from Anchor Park to George Bush
Blvd. Blocking access to A1A from each side street in this area
(from approx. 5:00 a.m. to approx. 10:00 a.m.). Suspension of
parking time restrictions;
continue
Delray Affair 5K Run/Health Walk
Page 2
Provide City staff support with representation from Police, Fire,
Streets, Engineering, Fleet and Facility Maintenance, Community
Improvement, Parks & Recreation, and City Managers Office for
planning and operation services as needed;
Permission to erect signs promoting the event from April loth
through May 1st;
We request the City of Delray Beach split the cost of City staff
overtime services 50/50 with the Greater Delray Beach Chamber of
Commerce ensuring a greater success to this specific event.
We sincerely appreciate all of the efforts of the City employees and hope
each of you will be a part of the festivities.
Yours truly,
William J. Wood
President
CC:
Dave Harden, City Manager
Bob Barcinski, Asst. City Manager
Joe Weldon, Director of Parks & Recreation
Rich Connell, Beach Supervisor
Hoyt Owens, Director of Public Works
Allen Powery, Supt. Streets/Traffic
Lulu Butler, Director of Community Improvement
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM ~ ]-{ - REGULAR MEETING OF FEBRUARY 1, 2000
FUNDING REQUEST/ATLANTIC HIGH SCHOOL BOYS CROSS
COUNTRY TEAM
JANUARY 26, 2000
Attached is a letter from Atlanuc Commumty High School Track & Field Coach Mike McPherson
requesting financial support from the C~ty to assist the Boys Cross Country Team in attending the
Nike National Indoor Track and Field Championships. The meet wzll be held m Bloomington,
Indiana, m March 2000.
Last year the Commission approved a $500.00 contribution to help the Track and F~eld Team travel
to North Carolina for the high school championship competition. In past years we have also fimded
team travel for the Lattle League and have helped the AHS Band and Eagle-ettes.
I recommend that the Commission consider funding support in the amount of $500.00. Funding is
available from the City Commission's Special Event contingency account.
RefiAgmemo22 Funding Request AHS Boys Cross Country
Atlantic Community High School
2501 Seacrest Boulevard · Delray Beach, Florida 33444 · (561) 243-1500
January 6, 2000
Mr. David Harden, City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden,
I would like to take this opportunity to introduce a special group
of student athletes from Atlantic Community High School. The Boys
Cross-Country Team distinguished themselves as one of the best
cross-country teams in the Nation. This past September, our team
was invited to the Great American Cross-Country Meet in Charlotte,
North Carolina to complete with the top twenty teams in the
Nation. The Eagles took tenth place at this prestigious event.
During our regular season the boys team had another undefeated
regular season and were Conference, County, District and Region
Champions and placed second at the State Championships! Post
season Sean and John Jefferson qualified at the Southern
Footlocker Cross Country Championships in Charlotte, North
Carolina to compete with the top thirty two individuals in the
nation.
As you can see we have had a very impressive season and have
scheduled several national competitions in the spring. Not often
does a school have such a talented group of athletes and it is
essential that they have the opportunity to compete in these meets
to showcase their talents and represent our city.
I am requesting that you consider giving a donation to these
deserving student athletes so that they might attend the Nike
National Indoor Track and Field Championships in Bloomington,
Indiana this March. It is our desire to break the national record
in the distance medley.
Thank you for your consideration of this request and I look
forward to a favorable reply.
Michael McPherson ~'
Cross-Country Track and Field Coach
VENDER#
348
CITY OF DELRAY BEACH
REQUEST FOR CHECK
EMERGENCY OR PICK-UPS
DATE NEEDED BY: CHECK WILL BE PICKED UP BY:
Next check run Delores Rangel
PAYABLE TO: DATE:
PALM BEACH COUNTY SCHOOL DISTRICT May 19, 1999
ATLANTIC COMMUNITY HIGH SCHOOL
ADDRESS: Project Number
(if applicable):
2501 Seacrest Boulevard
Delmy Beach, Florida 33444
TAX IDENTIFICATION NUMBER (TIN):
59-6000783
REASON FOR REQUEST: ACCOUNT NUMBER:
Financial Assistance to Track & Field for 001-1111-511-48.10 $500.00
travel to Championships in No Carolina
TOTAL AMOUNT OF CHECK: TOTAL:
Five Hundred Dollars and 00/100 $500.00
REQUESTED BY: APPROVED BY DEPARTMENT HEAD:
Delores Rangel David T. Harden, City Manager
Submission of form with Department Head approval certifies availability of budgeted funds.
PLEASE COMPLETE THE 2S-CHARACTER DESCRIPTION Below FOR A/P DATA ENTRY
AHS Track & Field Championships
Atlantic Community High School
2~01 ~acr~t Boulevard · Delray Bcaclh Florida 38~ · (~'1) 2~-1~00
May 12, 1999
Mr. David Harden, City Manager
100 AIW 1st Avenue
Delray Beach, FL 33444
RECEIVED
MAY ! 1999
CITY MANAGER
Dear Mr. Harden,
As per you request, I am placing in writing a re~aest fcr
financial assistance from the city to assist two of our
cities student athletes who have qualified to the
National High School Track and Field Championships. This
meet will be held in Raleigh, North Carolina on June 11,
1999.
This meet will bring together the best track and field
athletes in the nation and Sean and John Jefferson have
accomplished the times necessary to be invited to compete
in the mile and two mile runs at this prestigious event.
Presently John Jefferson has run the fastest time in the
State of Florida for the mile and two mile runs and his
brother Sean has the second fastest time in the two mile.
It is our desire that we can raise the finances necessary
for these two deserving individuals to compete in this
meet. The cost for this event will be approximately
$1500.00. I hope that the city can assist in this
worthwhile project and become partners in developing the
athletic ability of these two youn9 men.
Yours truly,
Michael R. ~---------
Track and Field Coach
Atlantic Community High School
MEMORANDUM --~'' ~' ~'~- &aoo-Tg3
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~'~CITY MANAGER
SUBJECT: AGENDA ITEM # 78 - REGULAR MEETING OF MAY 18r 1999
REQUEST FOR FINANCIAL ASSISTANCE/ATLANTIC HIGH SCHOOL -
NATIONAL HIGH SCHOOL TRACK AND FIELD CHAMPIONSHIPS
DATE:
May 17, 1999
Attached is a letter from the Atlantic Community High School
Track and Field Coach, Michael R. McPherson, requesting financial
support from the City to assist two of the school's athletes who
have qualified to attend the National High School Track and Field
Championships. The meet will be held in Raleigh, North Carolina,
on June 11, 1999.
We have funded team travel before for Little League, and helped
with the Band and Eagle-ettes.
I recommend $250 to $500 be allocated for this endeavor. Funds
are available in the City Commission Special Event contingency
account.
S/CityClerk/AHS. Track&Field
Atlantic Commumt7 High School
8501 Se. acre. st Boulevard * I)~lray Beach, Florida 88~ * (561) P.~3-1500
May 12, 1999
Mr. David Harden, City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
RECEIVED
MAY ! ~ 1999
CITY MANAGER
Dear Mr. Harden,
As per you request, I am placing in writing a reTuest fcr
financial assistance from the city to assist two of our
cities student athletes who have qualified to the
National High School Track and Field Championships. This
meet will be held in Raleigh, North Carolina on June 11,
1999.
This meet will bring together the best track and field
athletes in the nation and Sean and John Jefferson have
accomplished the times necessary to be invited to compete
in the mile and two mile runs at this prestigious event.
Presently John Jefferson has run the fastest time in the
State of Florida for the mile and two mile runs and his
brother Sean has the second fastest time in the two mile.
It is our desire that we can raise the finances necessary
for these two deserving individuals to compete in this
meet. The cost for this event will be approximately
$1500.00. I hope that the city can assist in this
worthwhile project and become partners in developing the
athletic ability of these two young men.
Yours truly,
Michael R. M~
Track and Field Coach
Atlantic Community High School
~AYTO: PALH BEACH COUNTY SCHOOL DIST
CI'~'~ ~F DELRAY BEACH
NO. 273050
DATE
PO
ACCOUNT INVOICE
001-1111-511.42-10 051999
PROJ
AMOUNT
500.0[
$~******-500.0G
CITY OF DELRAY BEACH
100 N.W. 1st Avenue
Defray Beach, Florida 33444
(561) 243-7115
Pay
Vendor No.
NationsBank, N.A.
Jacksonville, Florida
FIVE HUNDRED AND 00/100
b0LLARS
548
Pay to the
PALM BEACH COUNTY SCHOOL DIST
Order of ATLANTZC COMMUNITY HIGH SCHOOL
2501 SEA£REST BLVD
DELRAY BEACH FL 33444
DATE
o5/28/1 999
,' 87~050"' ~:OF-,3OOOOh?~: ;,~,SOOO;t, Oi,,°,"'
63-4
630
NO. 273050
AMOUNT
$********S00.00
Void After 90 Days
[ITY OF OELRI:IY BEI:I[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
AII.Amdca City
1993
DATE:
January 27, 2000
TO:
FROM:
SUBJECT:
City Commission
II
Jay T. Jambeck, Assistant City Attorne~
Tennis Center License Agreement for tl~
Caribbean Festival
Attached is a license agreement between the City and the Milagro Foundation,
Inc. d/b/a the Milagro Center for an event to be held on March 18, 2000 at the Tennis
Center. The event will feature music and activities that highlight the cultures of the
Caribbean.
The Milagro center will pay $2,300 to cover City expenses for Utilities, Trash
Removal, Clean-up, installation of floor covering and for the provision of an electrician
for the event. Milagro will also pay for police and emergency services required for the
event.
The City will collect a $1.00 facility charge for each adult ticket sold for the
event and $.50 for each child ticket sold for the event. The City will retain the right to
food and beverage concessions, but will pay fifty percent of net proceeds from food and
beverage concessions to Milagro.
By copy of this memorandum to the City Manager, this office requests that this
item be placed on the agenda for the February 1, 2000 City Commission meeting.
Please do not hesitate to contact me if you should have any questions.
Attachment
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Brahm Dubin, Dubin & Associates
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") and THE MILAGRO FOUNDATION, INC. d/b/a THE
MILAGRO CENTER, (hereinafter referred to as "Licensee").
WlTNESSETH:
WHEREAS, City owns and controls certain park land upon which is located at the
Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and
WHEREAS, Licensee has presented to the City that it would like to use the Tennis
Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event
known as the "Caribbean Family Festival" (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 on March 18, 2000 at 6:00 p.m. and ending on March 18, 2000 at
12:00 a.m. Licensee shall be allowed to move in on March 17, 2000 and shall be completely
moved out by March 19, 2000; and,
WHEREAS, for the purpose of this Agreement, the City's designee shall be Dubin
and 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.
NOW, THEREFORE, it is mutually agreed as follows:
1. Incorporation of Recitals. That the recitals set forth above are hereby
incorporated into the body of this agreement and shall have full force and effect herein.
2. 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,
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.
3. Licensee's Rights for the Event; Cost to Licensee. Licensee shall have the
non-exclusive right to use the Tennis Center on the date set forth in the "WHEREAS" clauses
or on the rain date as set forth in Paragraph 35 and subject to the provisions of this
Agreement. In the event that Licensee fails to comply with any of the provisions set forth in
this Agreement, the City may, at its option, revoke Licensee's nonexclusive right to use the
Tennis Center and may require Licensee to vacate the Tennis Center within a reasonable time
period, if applicable; in such a case, however, the City retains the right to pursue any and all
remedies available to it under this Agreement or any remedy at law or in equity. 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. All
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. The Licensee's rights are subject to the rights and limitations and obligations that
currently exist between the City and Coca-Cola of Florida. In return for the right to hold the
Event on the date as set forth in the "WHEREAS" clauses and for services provided by the
2
City, Licensee shall pay to the City an amount as set forth in Exhibit "B" attached hereto and
incorporated herein as if fully set forth.
4. 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 an employee or agent on behalf of the City for any purpose.
Neither Licensee or 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.
5. 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.
6. 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.
7. 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. Licensee shall be entitled to fifty percent
(50%) of the City's net proceeds derived from the sale of food and beverages for the Event.
For purposes of this paragraph, "net proceeds" shall mean total proceeds from the sale of food
or beverages less any amounts retained by a concessionaire hired by the City and any cost or
other expenditure, including any applicable taxes, paid by the City that is in any way related
to the sale of food and beverages for the Event. Licensee, its agents or assigns, shall have
the limited right to engage in concessions with regard to merchandise. All concessions must be
approved 48 hours in advance of scheduled Event by the City or its designee. 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 any person, f'u'm or corporation with whom a contract for such purpose
(hereinafter referred as "Licensee's Concessionaire") shall comply with the following
provisions provided, however, that Licensee shall remain ultimately responsible to City for all
obligations required of the Licensee's Concessionaire:
(a) Licensee's 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.
4
(b) Licensee's 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) Licensee's Concessionaire may, at its expense, furnish additional
equipment and fixtures to be utilized in the concession. Licensee's Concessionaire
shall submit plans and specifications concerning fixtures and equipment to City for
approval at least one week prior to installation of any items. For the purpose of this
agreement, "fixture" 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 Licensee's Concessionaire shall provide all maintenance, repair and
service required on all equipment used on the concession.
(e) Licensee's Concessionaire shall keep all fixtures, equipment and
personal property, whether owned by Licensee's 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 Licensee's Concessionaire at its expense.
(f) Licensee's Concessionaire agrees to dispose of all refuse and garbage, in
compliance with all applicable laws, ordinances and health codes, at Licensee's
Concessionaire's expense, and to keep outside container areas cleaned at all times.
(g) If the concession is operated by a person, firm or corporation other than
Licensee, such person, firm 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
liability and products liability insurance and provides limits of at least one million
(USS1,000,000.00) Dollars for combined single limit coverage and two million
(US$2,000,000) aggregate; and provide fire 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.
5
8. Utilities and Clean-Up. City shall provide and Licensee shall pay for all
utilities as per Exhibit "B' attached hereto and incorporated herein as if fully set forth, which
shall include, but not be limited to, electricity, water, sewer, telephone, and trash removal,
maintenance and cleanup during and upon completion of the event. City shall provide and
Licensee shall pay for maintenance personnel to insure the restrooms are maintained and kept
clean during and after the event. An estimate of these costs shall be provided by the City's
designee to Licensee; provided however that the Licensee shall pay all costs including those in
excess of the estimate.
9. Event Personnel and Eq~tii~ment.
for the Event, including, but not limited to,
Licensee shall provide all personnel needed
ticket sellers, ticket takers, ushers, sound
technicians and stage hands. Licensee shall be responsible for the 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 natu~e'which is needed for the Event. Licensee shall designate
a management representative in~ a timely manner who will coordinate the Event with the City
and its designee. Licensee shall be responsible for the costs of City employees such as, but
not limited to, a City electrician as may be required for the event. Licensee shall be
responsible for the cost of all chair rentals that may be required and the cost of all staging,
lighting and sound equipment, except as otherwise stated in this Agreement. Licensee shall be
responsible for the cost of all repairs needed to the tennis center 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.
personnel which the City determines, in its sole discretion, is necessary for the Event.
Licensee shall pay the officers at a rate to be determined by the City based on an analysis of
the number of officers available to work the event, the number of officers required by the
event and other factors within the sole discretion of the City. 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 and the rate that will be
applicable for the event. Also, Licensee shall contact the City Fire Department and the City's
designee to make arrangements for Emergency Medical Technician personnel to be present at
the Event at Licensee's expense.
11. City's Right to Control Premises. City or its designee at all times reserves
the right to eject or cause 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
employees for any damages which may be sustained by Licensee through the exercise of this
right by City or its designee.
12. Parking. The City shall provide 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. The provision of available public and
private parking and parking revenues is subject to the City's reserved rights in all concessions
including parking. Licensee shall be responsible for obtaining all additional parking that may
7
be necessary to provide sufficient 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.
13. StaRe. A stage shall not be provided for the Event. A court covering shall be
provided by the City for the Stadium Court to prevent damage to the surface. The City shall
install, maintain, and remove the court covering. Licensee shall pay to the City the costs of
labor for the installation and removal of the court covering as per Exhibit "B" attached hereto
and incorporated herein as if fully set forth. Licensee shall provide, install, and remove any
covering necessary to Licensee's and performers' equipment at Licensee's sole cost and
expense. 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 a duty to control. Licensee will
have access to the existing public address system for use during the Event.
14. 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.
15. Right to Enter. City and its designee and their 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 Agreement.
16. Conclusion of Performance. All Event-related activities shall end no later than
12:00 A.M. unless otherwise approved by the City, or its designee.
17. 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.
18. 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.
19. Indemnification. Licensee does hereby release and agree to indemnify,
defend, save, and hold harmless the City, its designees, officers, agents and employees from
and against all claims, actions, causes of action, demands, judgments, costs, expenses, and all
damages of every kind 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.
20. 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 designee, officers, agents and employees are
expressly released and discharged fi/om 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 fa'e,
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
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.
21. 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.
22. Tennis Center Capacity and Complimentary Tickets. Licensee shall not
admit to the Tennis Center stadium a number of persons greater than 6,646. 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.
23. Advertising Revenue. 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; provided, however that the City and its designee have the right to
10
approve all advertising and its location, and to retain all advertising and sponsorship revenues
generated by the City and its designee.
24. Failure to Pay. If Licensee neglects to make any other payments to City
within ten (10) business days after the day on which the payment is due and owing, Licensee
shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per
day for each day's delay in payment, retroactive to and beginning with the first day of the
delinquency or the City may assess interest at 12% whichever is greater. City's right to assess
the penalties for payment made later than the day upon which payment is due and to keep all
deposits in the event of cancellation, shall be in addition to its right to terminate the license
and its rights to seek all other damages and compensation as permitted by law.
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. [Intentionally omitted].
27. 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.
28. 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.
11
29. Force Majeure, 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.
30. 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.
31. 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:
City:
David Harden, City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
12
Licensee: Joseph Bernadel
101 S.E. 2nd Avenue
Delray Beach, Florida 33444
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.
32. 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.
33. Ticketmaster. This paragraph shall apply only in the event that the parties
utilize the services of Ticketmaster-Florida, Inc. for ticket sales. Licensee understands and
agrees that City is not responsible for the manner in which Ticketmaster-Florida, Inc.
conducts ticket sale operations and that Licensee waives any and all claims against the City
with regard to 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 of $1.00 per adult ticket of $5.00 and $.50 per child ticket of $3.00 sold for the Event.
The City's facility charge applies regardless of a change in the price charged for tickets.
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, 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
13
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.
34. 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.
35. Rain Date. In the event the March 18 date is rained out as determined by the
City in its sole discretion, the Licensee shall be entitled to hold the Event on March 25, 2000,
at the same time of day as set forth in this agreement, with move in to be on March 24, 2000
and move out to be on March 26, 2000.
36. This Agreement is not effective until signed by the Mayor or the City Manager.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their proper officials on the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
City Attorney
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Jay Alperin, Mayor
14
MILAGRO FOUNDATION, INC. d/b/a
THE MILAGRO CENTER
By:
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instmmem was acknowledged before me this ~ day of
, 2000 by , (title) of THE
MILAGRO FOUNDATION d/b/a THE MILAGRO CENTER, a (state
of incorporation) corporation, on behalf of the corporation. He/She is personally known to
me/or has produced (as identification.
tennis ca' license caribbean, agt
Signature of Notary Public
15
EXHIBIT "A"
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR
AGREEMENT WITH LICENSEE
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.
Worker's Compensation Insurance coveting all employees and providing benefits
as required by Florida Statute 440 and including Employers Liability coverage,
regardless of the size of your firm. The 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.
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 $1,000,000.00 combined single limit per occurrence, and $2,000,000
as an annual aggregate, coveting bodily injury, property damage and personal
injury.
Motor Vehicle Liability Insurance coveting all vehicles associated with the
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.
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, ~'~ertificate(s) of Insurance evidencing insurance
required by the provisions set forth above, at least thirty (30) days prior to the holding of
the event. If so requested by .the~City, certified copies of insurance policies will be
provided by the Licensee.
If any of the above coverages expire during the term of this agreement, the Licensee will
provide a renewal certificate at least ten (10) days prior to expiration.
Mail to: City of Delray Beach, Atm. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
with a copy to City Attorney's Office, atto: Jay T. Jambeck, 200 N.W. 1st Avenue, Delmy Beach, Florida
33444.
EXHIBIT "B"
DELRAY BEACH TENNIS CENTER
SPECIAL EVENT
ESTIMATED COSTS
TENNIS CENTER
RENT $ -0-
UTILITIES $ 500.00
TRASH REMOVAL $ 250.00
CLEAN-UP (During Event) includes restrooms $ 300.00
STAGE AND FLOOR INSTALLATION
AND REMOVAL $ 500.00
CITY ELECTRICIAN $ 250.00
$ 2,300.00
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM c./~fl-. REGULAR MEETING OF FEBRUARY 1, 2000
BID AWARD FOR BALl.FIELD MAINTENANCE AT POMPEY PARK
JANUARY 26, 2000
This is before the Commission to consider approval of a bid award in the estimated annual amount of
$21,731 to Sports Turf One, Inc. for the annual landscape maintenance contract for the Pompey Park
baseball fields. It is on the regular agenda because the recommendation is to award to the third low
bidder.
Five bids were received for this contract. The apparent low bidder, Tare Landscape, does not have
experience with Bermuda grass. In addition, the company has done work for the City in the past and
did not perform up to standard. The second low btdder, Gator Landscaping & Irngauon, was not
recommended as they do not have any accounts that use Bermuda grass nor does the company have
experience in sports turf maintenance. Based on this, it is staff's recommendauon that the bid be
awarded to Sports Turf One, Inc. as the lowest responsive, responsible bidder. Sports Turf One has
experience with Bermuda grass sports fields. They have also done work for the City m the past and
have provided quahty service.
Recommend approval of the bid award for the annual landscape maintenance contract for the
Pompey Park ballfields to Sports Turf One, Inc. m the estimated annual amount of $21,731, with
funding from 001-4131-572-34.90 (Parks Maintenance - Other Contractual Services).
Ref.'Agmemo 14.B~d Award.Ballfield Maintenance at Pompey Park
AGENDAITEM NUMBER' ~.,.~".
AGENDA REQUEST
Request to be placed on: February 01, 2000
Date: January 24, 2000
XX Consent Agenda ,, Special Agenda
__ Workshop Agenda
When:
Description of agenda item:
Bid award, Bid #2000-05, to Sports Turf One, Inc. for an annual contract for landscape
maintenance for two (2) baseball fields at Pompey Park, at an estimated annual cost of $21,731.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Award to third Iow bidder, Sports Turf One, Inc for the annual contract for landscape maintenance
for two (2) baseball fields at Pompey Park, B~d #2000-05, at an estimated annual cost of $21,731
Funding from account code #001-4131-572-34.90.
Determination of Consistency it~omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives'
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph ~ance Director
January 24, 2000
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
FEBRUARY 01, 2000 - BID AWARD - BID #2000-05
LANDSCAPE MAINTENANCE - POMPEY PARK
TWO BASEBALL FIELDS - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to approve the award of Bid #2000-05, annual contract for
landscape maintenance for Pompey Park baseball fields, to Sports Turf One, Inc. for an estimated
annual cost of $21,731.
Background:
Bids were received on December 03, 1999, from five (5) vendors all in accordance with City
Purchasing Policies and Procedures. (Bid #2000-05 on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Director of Parks and Recreation and the Parks Superintendent recommend award to third
low bidder, Sports Turf One, Inc. Recommendation was made to award to the third low bidder,
as the first low bidder does not have any current or past experience that involves Bermuda Grass
and they have done work for the City in the past and their performance did not meet City
standards. Recommendation was not made to second low bidder, as they do not have any
accounts that utilize Bermuda grass and any past experience in sports turf maintenance. The
third low bidder, Sports Turf One, Inc., has numerous accounts and experience with Bermuda
grass soccer complex and athletic fields, and they have done work for the City in the past and
their performance and quality of service was good. See attached award recommendation memo
dated 01/06/2000 from the Director of Parks and Recreation.
Recommendation:
Purchasing staff recommends the award to low responsive/responsible bidder, Sports Turf One,
Inc., at an estimated annual cost of $21,731. Funding from account code #001-4131-572-34.90.
Attachments:
Tabulation of Bids
Memo from Director of Parks and Recreation
DELRAY BEACH
Pa;ks 6' Recr ai n'
MEMORANDUM
TO: Joe Safford
Finance Director
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Bid #2000-5 - Maintenance for Pompey Park Ballfields
DATE: January 6, 2000
Attached please find the spreadsheet for bids for the maintenance of
Pompey Park ballfields. We are recommending the bid be awarded to Sports
Turf One, Inc. in the amount of $21,731. Although they are the third
lowest bid, we are recommending them because of the information outlined
in Park Superintendent Ray Eubank's memorandum dated January 4, 2000.
J .~eldon
DireCtor of Parks and Recreation
Attachments
cc: Ray Eubank
Parks Superintendent
JW:cp
Ref:jsppbfmt
50 Northwest 1st Avenue · Deiray Beach, Florida 33444
(561) 243- 7250 · Fax. (561) 243-7268
rlT¥ OF UELIII:I¥ BEI:I£H
DELRAY BEACH
F L 0 J~ I D 4
Ail-America City
1993
TO:
FROM:
DATE:
lO0 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000
Joe Weldon, Director of Parks an.~eation
Ray Eubank, Parks Superintendent
January 4, 2000
SUBJECT: 'Bid #2000-5 Maintenance For Pompey Park Ballfields
I reviewed the tab sheets and have contacted the three lowest bidders for
the ballfield maintenance at Pompey Park.
The Iow bidder, Tare Landscape, has no accounts that involve Bermuda
grass. As you know he had done work for us in the past and we had
problems with his performance.
The second Iow bidder, Gator Landscape, does have one account that
utilizes Bermuda grass but it is an entranceway for a development. They
do not have any experience in sports turf maintenance.
The third lowest bidder, Sports Turf One, a subsidiary of
Haverland/Blackrock has numerous accounts dealing exclusively with
Bermuda turf soccer complexes and athletic fields. They have done work
for us in the past and have proven to be reliable.
Although there is a $3,995.00 difference between Tare Landscape's bid
and Sports Turf One, I would recommend Sports Turf One based on their
strong background in the industry.
RE/sb
IT£C£1¥£D JAN 4 Z~
oct R~ycled Pap~'
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM ~fi~ - REGULAR MEETING OF FEBRUARY 1, 2000
CANCELLATION OF BID AWARD & RE-AWARD/READY
MIX
DATE:
CONCRETE ANNUAL CONTRACT
JANUARY 27, 2000
On November 16, 1999, the City Commission approved a bid award to Callaway Concrete Company
for the annual ready mix concrete contract. This was a joint bid with the City of Boynton Beach. The
esttmated annual cost for the City of Delray Beach was $72,900.00.
Per the attached memorandum from Purchasing, Callaway Concrete has since reformed the City that
they are unable to sign the contracts at this m'ne due to circumstances beyond thezr control. In v~ew
of thts, Purchasing contacted the second low bidder, Florida Rock Industries, Inc., to see if they
would agree to honor their original bid price and terms. They have agreed to do so through
December 31, 2000, at an estimated annual cost of $77,660 for the City of Delray Beach.
Therefore, staff is recommending cancellatton of the bid award to Callaway Concrete Company and
re-award the annual contract for ready mix concrete to Florida Rock Industries, Inc. at an estimated
annual cost of $77,660. Funding is available from 001-3113-541-53.90 (Streets Maintenance/Other
Road Materials) and various capital project accounts. The Purchasing Division contacted the City of
Boynton Beach about ttus joint bid and they are m agreement with the recommendauon.
Recommend approval of the bid cancellation and re-award to Florida Rock Industries, Inc. for the
annual ready mix concrete contract.
Ref:Agmemol4.Bad Cancellauon & Re-award. Ready M_tx Concrete
AGENDA ITEM NUMBER. ~:~/~
Request to be placed on:
AGENDA REQUEST
February 01, 2000
Date: January 26, 2000
XX Consent Agenda
Special Agenda
Workshop Agenda
When:
Description of agenda item:
Cancellation of award to Callaway Concrete Co. for the annual contract for the purchase and
dehvery of ready mix concrete and re-award bid to second Iow b~dder, Florida Rock Industries,
Inc for an estimated annual cost of $77,660 for the C~ty of Delray Beach. Funding from account
code #001-3113-541-53.90 and various Capital Project Accounts.
ORDINANCE/RESOLUTION REQUIRED' YES
Draft Attached: YES
NO
NO
Recommendation:
Cancel Commission award to Callaway Concrete Co and re-award to Florida Rock Industsries,
Inc for an estimated annual cost of $77.660. Funding from account code #001-3113-541-53.90
and various Capital Project Accounts.
~ ~ ,Pe;~rn ,mnea~io ne~, cS~ ,astt~rne :~h/h ;~o~m~ r~'~hens, :ePI a n'~'.'' v~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expen_d?ure o[ fu_nds):
Funding avadable: Yes ~ No ~)~-~'-~~L.~-z~
Funding alternabves.
Account Number:
Account Description'
Account Balance:
City Manager Review:
Approved for agenda'~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
applicable)
No
D~sapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph S~~ce Director
January 26, 2000
DOCUMENTATION - CITY COMMISSION MEETING
FEBRUARY 01, 2000 - CANCELLATION OF CONTRACT AWARD
TO CALLAWAY CONCRETE CO. AND RE-AWARD TO
FLORIDA ROCK INDUSTSRIES INC. FOR
BID #99-40 - READY MIX CONCRETE - ANNUAL CONRACT
Item Before Commission:
Cancel contract award to Callaway Concrete Co. for the annual contract for the purchase and
delivery of ready mix concrete, Bid #99-40, and award to second low bidder, Florida Rock
Industries, Inc. at an estimated annual cost of $77,660 for the City of Delray Beach.
Background:
City Commission, on November 6, 1999, awarded Bid #99-40 - Ready Mix Concrete - to
Callaway Concrete Co. (documentation attached). Upon award by City Commission, Purchasing,
mailed the award letter and four (4) sets of contracts to vendor for signature. These contracts
were never returned. Purchasing made several calls to vendor requesting the return of signed
contracts. On January 10, 2000, Callaway Concrete Co., responded with a letter stating they are
unable to sign the contracts (see attached letter dated January 10, 2000).
Purchasing then contacted the second low bidder, Florida Rock Industries Inc., to inquire if they
would hold their original bid price submitted for Bid #99-40. Florida Rock Industries, Inc., has
agreed to honor their bid prices and terms through December 31, 2000. See attached letter from
Florida Rock Industries, Inc. dated January 20, 2000.
The Deputy Director of Public Works has reviewed the bid from Florida Rock Industries Inc.,
and concurs with the recommendation for cancellation of award to Callaway Concrete Co. and
re-award to Florida Rock Industries Inc. See attached memo dated January 12, 2000. As this bid
is a joint bid with the City of Boynton Beach, Purchasing has contacted City of Boynton and they
are in agreement with this recommendation.
Recommendation:
Purchasing staff recommends the cancellation of award to Callaway Concrete Co. for the
purchase and delivery of ready mix concrete and re-award the bid to the second low responsive,
responsible bidder, Florida Rock Industries, Inc. at an estimated annual cost of $77,660. Funding
from account code #001-3113-541-53.90 and various Capital Project Accounts.
Attachments:
Commission Agenda dated November 10, 1999
Letter from Callaway Concrete Co.
Letter From Florida Rock Industries Inc.
Memo to Deputy Director Public Works
CALLAWAY CONCRETE CO.
P O BOX 468
1933 8TH AVENUE NORTH
LAKE WORTH, FLORIDA 33460
JAN. 10, 2000
ATTN: PURCHASING OFFICER
CITY OF DELRAY BEACH
100 N.W. 1ST. AVE.
DELl{AY BEACH, FLA. 33444
TO WHOM IT MAY CONCERN,
DUE TO CIRCUMSTANCES BEYOND OUR CONTROL, WE ARE UNABLE TO SIGN CONTRACTS AT
THIS TIME.
THE CEMENT COMPANYS HAVE HAD THE LARGEST PRICE INCREASE IN HISTORY, AND THE
SAND AND ROCK HAS ALSO TAKEN A SIZEABLE HIKE.
WE WILL HONOR THE PRICES WE QUOTED YOU FOR AS LONG AS POSSIBLE. WE WILL ONLY
INCREASE OUR PRICES AS NEED ARISES. OUR MUNICIPALITY WILL BE THE LAST TO GET
A PRICE INCREASE
WE THANK YOU FOR THE OPPORTUNITY TO SERVE YOU AND YOUR NEEDS.
'-"JAY~ CALLAW,~fS' SR.-- '"~J- ~
GENERAL OFFICE. 155 East 21st Street / P.O Box 46671Jacksonwlle, Florida 32201 / (904) 355-1781
W~ ~ ~~.,1~ I~ M,n,ng. Ready M,x Concrete. and Construct,on Products
REPLY TO: East Coast Division
P.O. Box 521705
Miami, Florida 33152-1705
(305) 594-4336
FAX (305) 471-9781
January 20, 2000
Ms. Jacklyn Rooney
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Ref: Bid No. 99-40
Dear Ms. Rooney:
This letter will confirm our telephone conversation on January 20, 2000,
with regard to the above referenced bid number.
Florida Rock Industries, Southem Florida Division has quoted ready mix
concrete prices to the City of Delray as evidenced by the attached, and will
honor these prices and terms through December 31, 2000.
If you have any questions pertaining to this bid, please feel free to give me a
call and I will gladly discuss with you.
Thank you for considering Florida Rock for your ready mix concrete needs
in Delray Beach and Boynton Beach.
Sincerely,
Dennis Wicker
Vice President
Southern Florida Division
£1TV DELli iY
PURCHASING DIVISION
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Hoyt Owens, Deputy Director Public Works
Alan Powery, Supt. Streets/Traffic
Sue Phillips, Buyer, City of Boynton Beach
Jackie Rooney, Purchasing Supervisor~'~'''-'
Joseph ~inance Director
Bid #99-40 - Ready Mix Concrete
October 29, 1999
Attached is the tabulation of bids and copies of all bids received for the Ready
Mix Concrete bi,d. This is a joint bid with the City of Boynton Beach.
Please review the attached bids received and tabulation of bids and forward to
Purchasing your award recommendations, and I will proceed with the
Commission Agenda package.
If you have any questions, you may reach me at ext. 7163.
Thanks.
-I- uJ
>-~z
O'
[ITY OF DELRri'F BErlCH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~lI.Amrica C~
1993
DATE:
TO:
January 24, 2000
City Commission
200 NW 1st AVENUE · DEI.RAY BEACH, FLORIDA 33444
TELEPHONE 561 '243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
FROM:
Susan A. Ruby, City Attorney
SUBJECT: White v. City of Delray Beach
Plaintiff, a former City employee in the Police Department, filed suit alleging violations
of 1983 and Title VII based on race. Our office has received a settlement offer from
Plaimiff in the amoum of $15,000.00.
Our office recommends that the City Commission deny this settlemem. Please call if you
have any questions.
By copy to David Harden, City Manager, our office requests that this settlement be
mary 1, 2000 City Commission agenda.
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
John Griffin, Esq.
Richard Overman, Chief of Police
Adam Wilhoit, Gallagher Bassett Services, Inc.
Frank Babin, Risk Manager
.-O
From:
Date:
Re:
David T. Harden - City Manager
- Director, Community Improvement~r~
Lula
Butler
January 28, 2000
Nominating Committee Appointments - Areas One and Seven
ITEM BEFORE THE COMMISSION:
Appointment of the nominating committee under the Visions 2010 initiative for Areas
One and Seven.
BACKGROUND:
At the last City Commission meeting, the Commission selected five of the seven
proposed areas for individual appoinlments. The Commission suggested that the City
Manager and City Attomey choose from the remaining two areas and be prepared to
make their appointments at the next regular meeting.
It is my understanding the you are recommending Loren Sheffer for Area One and he
has agreed to serve if appointed by the Commission.
Susan Ruby selected Area Seven, the beach area, and she has been contacted by three
members of that community who wish to be appointed to the nominating committee.
Her memo identifying the three persons is attached. The Commission may wish to make
the appointment from this list.
RECOMMENDATION:
Commission action.
LB:DQ
Attachment
CITY OF DELRrlV BEfl[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
AlI.Amdca City
1993
DATE:
January 27, 2000
Writer's Direct Line: 561/243-7091
TO:
FROM:
City Commission
Susan A. Ruby, City Attorney C~~
SUBJECT: Nominating Committee Appointments - Area Seven
The following persons have expressed interest in serving on the Nominating Committee
for area number seven:
· Frank McKinney
· Dr. Franklin Boyer
· Kevin Warner
SAR:smk
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
RECEIVED
JAN 2 7 2000
COMM. IMP. ADMIN,
Date: January 28, 2000
Agenda request to be placed on:
_X Regular __ Special
When: February 1, 2000
Agenda Item No.
AGENDA REQUEST
__ Workshop __ Consent
Description of Agenda Item:
Nominating Committee Appointments -
Areas One and Seven
Ordinance/Resolution Required: Yes / No
Recommendation: Commission Action
Draft Attached: Yes / No
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Altematives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
5/98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM C~/q - REGULAR MEETING OF FEBRUARY 1, 2000
DATE:
POMPEY PARK ADVISORY COMMITTEE
JANUARY 28, 2000
Attached is information from the City Clerk's office concerning the Pompey Park Advisory
Committee. Whtle never formally established, this advisory committee was set up back in 1994 to
address and make recommendations on certaha issues related to the operaUon of the Pompey Park
recreational facility. Over the years, as issues have been addressed and improvements made to
Pompey Park, the committee has become less and less active. No meetings have been held since
February 1998.
The Clerk's office has had no success in contacting members nor have they been successful in
soliciting interest in terms of new applicants.
Comnusslon direction is requested on how to proceed.
Ref'Agmemol 2.Pompey Park Advisory Committee
CITY OF DELRA¥ B
TO:
FROM:
SUB&
City Manager DATE: 1/11/00
City Clerk
Pompey Park Advisory Committee
The Pompey Park Advisory Committee has
been inactive for some time. Pat Warren
has been working on it, but has had no
success in contacting members nor has
she been able to solicit any interest
in terms of new applicants (see attached).
Please let me know if you want this
agendaed for an upcoming Commission meeting,
or otherwise.
Thank you.
City of Delray Beach City Clerk's Office
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Alison MacGregor Harry
City Clerk
Patricia Warren
Executive Assistant/Board Liaison
POMPEY PARK ADVISORY BOARD
January 3, 2000
On October 12, 1999 and December 29, 1999, a memo was sent to Joe Weldon, Director
of Parks and Recreation asking for his help in recruiting applications for the Pompey
Park Advisory Board.
During this time I have contacted Lula Butler, Director of Community Improvement,
Winston Hudson, Neighborhood Program Specialist, Commissioner Randolph and Ann
Green, Recreation Supervisor IV to enlist their help in obtaining new applications. To
date there has been no interest shown for this board.
Currently there are only three (3) members, none of which I have been able to contact
(see attached).
Mr. Weldon contacted me on December 31, 1999, at which time he advised that he has
nothing to do with this board nor any control. Attached is a copy of the proposed
Resolution No. 70-94 which was never adopted. As per attached attendance records,
there has been no meeting since February 28, 1998.
Is there a possibility of this being put on the agenda for the City Manager and
Commissioners to make a decision as to what direction to proceed?
POMPEY PARK ADVISORY BOARD
TERM EXPIRES NAME & ADDRESS TELEPHONE
09/13/2000
09/13/2000
09/13/2000
Dwayne A. Jackson
5331 Woodland Drive
Delray Beach, FL 33445
Myra B. Julian
5071 N.W. 5~ Street
Delray Beach, FL 33445
Brian Martin
250 N.W. 8e Avenue
Delray Beach, FL 33444
Office: (561)241-2291
Home: (561)637-8201
Home: 279-0621
09/13/99 VACANT Home:
VACANT
13- 19 Years of Age
09/13/99
VACANT
VACANT
Home:
9.D. _ ~P.~SOL~~NO.' ?0~9~ Consider a resolution establish-
ing the Pompey Park Committee as'an advisory body to the Commis-
sion, to make recommendations regarding the programs and activi-
ties to be held at Pompey Park.
The City Manager presented Resolution No. 70-94:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
THE POMPEY PARK COMMITTEE AS AN ADVISORY BODY
TO THE CITY COMMISSION; PROVIDING FOR ITS
PURPOSE, PROVIDING FOR ITS MEMBERSHIP, QUALI-
FICATIONS AND TERMS; PROVIDING FOR A QUORUM
AND VOTING; PROVIDING FOR OFFICERS, SUBCOM-
MITTEES AND SUBCOMMITTEE MEMBERSHIP; PROVID~
ING FOR MEETINGS AND RECOMMENDATIONS; PROVID-
ING FOR THE DURATION OF THE COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
(Copy of Resolution No. 70-94 is on file in the offi-
cial Resolution Book)
Mayor Lynch stated that he had recently met with Broth-
ers Coming Together (BCT) to discuss their involvement with the
Pompey Park Advisory Committee since Pompey Park was the location
for the organization's weekly picnic. He noted that four of the
members of this organization were appointed to the Committee and
that ~he.~e~~,~it~e~t. he=¢ ~omm~ttee :were at ~he ~/scretibn
Concern was expressed by Dr. Alperin that this resolu-
tion will create .another formal City Advisory-Board and would
also create ~.bypass of the City's Parks and Recreation Depart-
ment by giving the Committee direct contact with the Commission.
Discussion ensued regarding the Pompey ~ark Advisory
Committee working directly with the Director of Parks and Recrea-
tion, or his designated liaison, and should there be any diffi-
culty-regarding any problems, then the Committee could feel free
to contact the Commission.
The City Manager pointed out that Pompey Park is a City
owned facility and there have been concerns expressed in refer-
ence to its aspects and operations.
Mayor Lynch stated that he had mixed emotions regarding
the Committee. He felt that it would be a more efficient
operation to have the Committee deal directly with the Parks and
Recreation Department; however, he felt it would be a good
learning experience for the Committee to work with the
Commission. He suggested that it would more expeditious for the
Committee to work directly with the Parks and Recreation
Department.
It was emphasized by the City Manager that if the
Commission-decides to have the Pompey Park Advisory Committee
report directly to the Parks and Recreation Department, it should
be made very clear that should there the Committee have any
problems they would be very welcomed to address the Commission.
He added that it seemed to be the perception of the Committee
that some of their concerns have only gotten as far as the Direc-
tor of Parks and Director and perhaps this issue needed to be
reviewed.
Dr. Alperin commented that if there that is a problem
with the system, then perhaps the system needs to be corrected.
It was pointed out by Mr. Randolph that only one person
is responsible to make those changes, that being the City Manag-
er. Mr. Randolph did not feel it was the Commission's role.
Mrs. Smith moved to create the Pompey Park Advisory
Committee and that it be the discretion for the Committee to
determine whether or not they would prefer to report directly to
the Director of Parks and Recreation or become a formal City
Board, seconded by Mr. Lynch. (Mayor Lynch passed the gavel to
Commissioner Alperin in order to second the motion). Upon roll
call the Commission voted as follows: Mrs. Smith - Yes; Vice
Mayor Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes;
Mr. Lynch - Yes. The motion passed with a vote of 3 to 2.
--a~o~ ~o the Commission's action on
70v94, the City Attorney suggested that the
Section (6) of the~resolutio~
The City Manager stated that he would prefer to have
the Committee meet and determine how they would like to operate
and then have the Commission take formal action. He agreed that
Section 6 of the Resolution should be .amended.- Also, that he
woul~ _ have - staff contact-~ the' ~niner ihdividual~h~'-~a're under
It was noted by the City Attorney that staff would need
direction so that there is one youth member on each of the sub-
committees.
The Commission felt that the Committee should include
young people between the ages of thirteen through nineteen.
Mrs. Smith moved to postpone .ac~io~o~iKesoIut~i~ No.
70-94, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Dr. Alperin - No; Mr. Ellingsworth - No; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion
passed with a 3 to 2 vote.
9.E. GOLF COURSE CLUBHOUSE CONSTRUCT~0N CONTRACT ~
INTERCOUNTY EN;INEERING,,INC.: Consider construction contract for
Golf Course Clubhouse installation and improvement of on-site
-10- 8/16/94
RESOLUTION NO. 70-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE POMPEY PARK
COMMITTEE AS AN ADVISORY BODY TO THE CITY
COMMISSION; PROVIDING FOR ITS PURPOSE, PROVIDING FOR
ITS MEMBERSHIP, QUALIFICATIONS AND TERMS; PROVIDING
FOR A QUORUM AND VOTING; PROVIDING FOR OFFICERS,
SUBCOMMITTEES AND SUBCOMMITTEE MEMBERSHIP; PROVIDING
FOR MEETINGS AND RECOMMENDATIONS; PROVIDING FOR THE
DURATION OF THE COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
recognizes the need for community involvement in making recommendations
to the City Commission for the enhancement of the Pompey Park facility;
and,
WHEREAS, the City Commission desires to establish the Pompey
Park Advisory Committee (the Committee) to make recommendations
regarding the programs and activities to be held at Pompey Park; and,
WHEREAS, the City Commission desires that the Committee also
make recommendations regarding the need for new buildings or facilities,
the rehabilitation, renovation or expansion of existing buildings, other
improvements at Pompey Park and the need for beautifying the grounds at
the Pompey Park facility; and,
WHEREAS, it is the desire that all recommendations of the
Committee focus on the particular needs of the City's youth, teenage and
adult segments of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Establishment.
That there is hereby established the Pompey Park Committee as
an advisory body to the City Commission.
Section 2. Purpose.
The purpose of the Pompey Park Committee is to make
recommendations regarding appropriate programs and activities to be
conducted at Pompey Park. The Committee shall further assess the
physical facilities and make recommendations regarding the need for
additional buildings or improvements at the Park, and/or recommen=at:--=
regarding the need for renovation or rehabilitation Ti ......... ur
facilities at the Park. The Committee shall also make recommendations
regarding the further beautification of the grounds and the facilities.
The Committee shall particularly focus on the needs of the City's youth,
teenage and adult residents to ensure the facility meets the needs of
all such groups.
Section 3. Memberships: Qualifications~ Terms.
The Pompey Park Committee shall consist of seven regular
members appointed by the City Commission. At least two regular members
of the Committee should be between thirteen and nineteen years of age.
All regular members should be residents of or own property in the City,
and/or own a business within the City. Four members shall serve an
initial term of two years and three members shall serve an initial term
of one year. Thereafter, all members shall serve two year terms. In
addition, the Recreation Supervisor for Pompey Park and Recreation
Superintendent shall serve as ex officio non-voting members of the
Board.
Section 4. Quorum; Votinq.
A Quorum shall consist of four regular members. No
recommendation or other business before the board shall be deemed
official unless approved by a majority of the regular members present
and voting.
Section 5.
Officers; Subcommittees; Subcommittee
Membership.
At its first official meeting and annually thereafter, the
regular members of the board shall elect a Chairman, Vice-Chairman and
Secretary. The Chairman shall run the meetings of the Committee. The
Vice-Chairman shall serve in the capacity of Chairman in the absence of
the Chairman. The Secretary shall be responsible for compiling minutes
and rendering reports as directed by the Committee. No regular member
may serve in more than one capacity. The Committee shall be divided
into two standing Subcommittees. A Subcommittee shall be formed to
address program and activity needs and a separate Subcommittee shall be
formed to address buildings, grounds and other physical improvements.
Each Subcommittee shall be comprised of five members. Each Subcommittee
shall consist of one youth representative, two regular members and the
two ex-officio members. The Chairman shall select the membership of the
Subcommittees. The Chairman is ineligible to serve as a voting
Subcommittee member, however, the Chairman may attend the meetings of
the Subcommittees to provide input and direction. The regular members
may not serve on both Subcommittees simultaneously.
- 7.E_= NC 70-94
Section 6. Meetinqs~ Recommendations.
The Pompey Park Committee shall meet once a month or more
often, as necessary. The Subcommittee shall meet when necessary or as
directed by the Chairman. Ail meetings shall be open to the public,
minutes shall be kept of all such meetings and any special meetings,
with copies of minutes to be transmitted to the City Commission and the
City Manager. The Subcommittees shall, from time to time, bring its
recommendations forward to the Committee for Committee action. All
recommendations of the Committee shall be forwarded to the Director of
Parks and Recreation. The Director of Parks and Recreation will then
forward the recommendation of the Committee with his comments, if any,
to the City Manager. The City Manager will forward the recommendations
with his comments, if any, to the City Commission.
Section 7. Duration.
The Pompey Park Committee shall continue until abolished by
the City Commission.
Section 8. Effective Date.
That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED in regular session on this the
, 1994.
day of
ATTEST:
MAYOR
City Clerk
70-94
£1T¥ OF DELI:II:I¥ BEI:I£H
DELRAY BEACH
All-AmericaCity
?o:
1993
FROM:
100 N.W. 1st AVENUE
MEMORANDUM
~,~vid T. Harden, City Manager
~/Robert A. Barcinski, Assistant City Manager
DATE: January 31,2000
DELRAY BEACH, FLORIDA 33444 - 561/243-7000
SUBJECT:
CONSENT AGENDA ITEMS # CITY COMMISSION MEETING
FEBRUARY 1, 2000
BID AWARD - REPLACEMENT VEHICLES
Action
City Commission is requested to approve bid awards for replacement of City vehicles per
staff recommendation.
Background
City vehicle replacements are requested on an annual basis due to age, mileage, repair
costs, or a combination of the above. Attachment "A" is a list of the vehicles being
recommended for replacement this year.
Recommendation
Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in
Attachment "B", and from the State of Florida Contract, as specified in Attachment "C".
These unit costs include various options and extended warranties on all vehicles. Not
included are some option items that we will acquire from other vendors. The total of the
recommended purchases is $467,011. Additional vehicles will be proposed for replacement
at the February 15th meeting.
Funding is available from the FY 99-00 budget in City Garage Account #501-3312-591-64.20 in
the amount of $873,490.
Attachments
c: Bill Darty
FJle:u:sweeney/agenda
DocO 13100 bid award vehicle repl
THE EFFORT ALWAYS MATTERS
City of Delray Beach
Proposed Vehicle Replacement Listing
FY 99-00
Attachment "A"
Line Department Current
~t Vehicle # Assigned Vehicle Make Model Old Vehicle Descnpbon Year Mfg Mileage
1 799 Ocean Rescue Polans 4X4 __ ATV 1997 0
2 755 Ocean Rescue Kawasak~ 4X4 ATV 1998 0
3
9411 F~re EMS Admin GMC Suburban 3/4 ton 4X4 heaw Utility 1994 62,357
6 223 Ubl~/Bilhng Chew S-10 Compact Pick-Up 1991 70,500
7 388 Code Enforcement Ford Escort 4 Door Compact 1991 74,000
8 ~ ~Vater D~stnbubon GMC SL 2500 3/4 ton Pink-Up 1990 101,500
9 390 Code Enforcement Ford Escort 4 Door Compact 1991 87,300
10 402 Ubl~y B~lling~ Ford F-250 3/4 ton Utility Trk 1989 126,~
11 419 LIftstat~on Mant Ford Areostar Cargo Mm~ Van ~1987 103,500
12 1401 Police D-2 Chew Caprice 4 Door Sedan 1994 85,000
13 14~' ~'~lice D-1 Chew Caprice 4 Door Sedan 1994 97,300
14 1404 Police D-3 Chew Capnce 4 Door Sedan 1994 101,000
15 1406 Police D-2 Chew Caprice 4 Door Sedan 1994 108,00{3
16 1407 Police D-2 Chew Capnce 4 Door Sedan 1994 109,30-~
17 1420 'Pohce D-3 Jeep Cherokee 4X4 SUV~X4 1994 76,00~
18 1217 Police D-I Ford Taurus 4 Door Sedan FWD ~-992 87,000
21 1925 Police Investigation Ford F-250 3/4 ton P~ck-Up 1987 80,500
22 222 Ublity Billing Chew S-10 Compact Pick-Up 1991 92,500
23 393 Bu~ldm Inspection Ford Escort 14 Door Compact 1991 48,500
24 392 Bu~ldin Inspecbon Ford Escort 4 Door Compact 1991 36,300
25 409 Water D~stnbutmn Ford F-250 3/4ton Pick-Up 1989 101,400
26 414 Water D~stnbut~on Ford F-250 3/4ton P~ck-Up 1989 102,200
27 614 Traffic Operatmns GMC SL 2500 3/4 ton Pick-Up 1990 57,000
28 703 Parks Maintenance GMC SL 2500 3/4 ton Pick-Up 1990 79,500
29 720 Parks/Rec Admm Ford Escort ,4 Door Compact 1991 73,500
31 10 Parks Maintenance Toro Mower Mower 1991 0
32 8 Parks Ma~r~tenance Toro~Mower Mower 1991 ~
33 225 Ublity Bilhng Chew S-10 Co~npact P~ck-Up 1991 72,50(~
34 651 Streets Maintenance Ford F-350 Crew Cab il ton Crew Cab 1-989 65,200
35 612 Traffic Operabons Ford F-350 Crew CabI, 1 ton Crew Cab 1989 53,00~
36 389 Bu~ldm Inspection _Ford Tempo !4 Door Subcompact 1992 66,00~
37 781 Parks Maintenance Ford Tempo 4 Door Subcompact 1992 51,700
38 382 Code Enforcement Ford Escort 4 Door Compact 1991 47,000
39 719 Parks/Rec Adm~n Ford Escort 4 Door Compact 1991 51,500
40 380 Code Enforcement Ford Escort 14 Door Compact 1991 88,500
41 399 Code Enforcement Ford Escort 4 Door Compact 1991 58,500
42 1012 Police Investigation G-MC Suburban Large UtiIKy_4X2 -- 1990 62,000
43 415 Wastewater Collect GMC Step Van Step Van 1989 40,500
City of Delray Beach
Proposed Vehicle Replacement Listing
FY 99-00
Attachment "B"
Florida Sheriffs Contract
Line Item
Line if Vendor Year Make Model New Vehicle Descr~pbon Commodity # Cost Total Cost
8 Hill Kelly Dodge 2000 Dodge ~-m 1/2 Ram Pickup SWB 1/2 ton Picku~ FSA Spec #15 14,586 14,586
12 Duval Ford 2000 Ford Pohce interceptor 4 Door Sedan FSA Spec #1 26,893 41,479
13 Duval Ford 2000 Ford Police Interceptor 4 Door Sedan FSA Spec #1 26,668 68,147
14 Duval Ford 2000 Ford Police Interceptor 4 Door Sedan FSA Spec #1 24,751 92,898
15 Duval Ford 2000 Ford Pohce interceptor 4 Door Sedan FSA Spec #1 24,751 117,64~
16 Duval Ford 2000 Ford Police interceptor 4 Door Sedan FSA Spec #1 25,673 143,322
17 Dural Ford 2000 Ford Explorer 4X4 SUV 4X4 FSA Spec #6 23,411 166,733
21 Hill Kelly~dge 2000 Dodge Ram 1/2 Ram Pickup SWB 1/2 ton P~ckup FSA Spec #15 14,456 181,189
City of Delray Beach
Proposed Vehicle Replacement Listing
FY 99-00
Attachment "C"
State of Florida Vehicle Contract
Line Item
Line # Vendor Year Make Model New Vehicle Descnpt~on Commodity # Cost Total Cost
6 Maroone Chevrolet 2000 Chewolet S-10 Compact Pick~-up 070-500-140 1 i ,586 11,586
7~Oon Reid Ford 2000 Ford -- Taurus 4 Door Sedan FWD 07~-200-310 15,543 27,129
91Maroone Chevrolet 2000 Chevrolet S-10 Compact Pick-up 070-500-140 11,586~ 38,71~
11 Don Reid Ford 2000 Ford Windstar Cargo Mira Van 070-300-205 17,430 56,145
18 Don Re~d Ford 2000 Ford Taurus 4 Door Sedan FWD 070-200-310 15,543 71,688
22, Maroone Chevrolet 2000 Chevrolet S-10 Compact P~ck-up 070-500-140 11,586i 83,274
23 Maroone Chevrolet 2000 Chevrolet S-10 __ Compact P~ck-up 070-500-140 11,586 94,860
24 Maroone Chevrolet 2000 Chevrolet S-10 Compact P~ck-up 070-500-140 11,586 106,446
26
Maroone Dodge 2000 Dodge 3/4 ton Ram 3/4 ton Util~j Truck 070-500-425 -- 17,622 141,6-~-
29' Garber Chevrolet 2000 Chevrolet Cavalier 4 Door Compact 070-200-140 12,65~ -- 154,348
33!Maroone Chewolet 2~ Chevrolet S-10 Compact Pick-up 070-500-140 11,586 165,934
--~434 Maroone Chevrolet 2000 Chevrolet 3500 Pick-up I ton Crew cab Pick-up 070-600-020 22,506 188,440
35iMaroone Chevrolet 2000 Chevrolet 3500 Pick-up 1 ton Crew cab P~ck-up 070-600-020 22,506 210,946,
67Garber Chewolet 2000 Chevrolet Cavalier 4 Door Compact 070-200-140 12,658 223,604
Garber Chevrolet 2000 Chevrolet Cavalier 4 Door Compact 070-200-140 12,658 236,262
38 j Maroone Chevrolet 2000 Chevrolet S-10 Compact P~ck-up 070-500-140 11,586 247,848
39 Garber Chevrolet 2000 Chevrolet Cavalier 4 Door Compact 070-200-1~ __. 12,658 260,506
Garber Chevrolet 2000 Chevrolet Cavalier 4 Door Compact 070-200-140 12,658 273,164
Garber Chevrolet 2000 Chevrolet Cavalier 4 Door Compact 070-200-140 12,658 285,822,
MEMORANDUM
TO: Mayor and City Comrmssioners
FROM: ~ City Manager
SUBJECT: Bid Awards for Replacement Vehicles
DATE: January 28, 2000
Staff is in the process of finalizing b~d awards for replacement vetucles. I expect this item to be
chstributed on Monday, January 31st, for cons~deratmn at Tuesday mght's meeting.
DTH/AMH/m
[ITY OF DELRFIY BEFI[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
F L O R I D A
{ll.lmdca O~ DATE:
993 FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
MEMORANDUM
January 26, 2000
City Commission
Susan A. Ruby, City Atto ~~
Scheinberg, et al. v. City of Delray Beach
The purpose of this memorandum is to call for a closed attorney-client session pursuant
to Florida Statutes §286.011(8) for the February 1, 2000 City Commission meeting to
discuss settlement negotiations and strategy related to litigation expenditures in the above
case.
Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to
the commencement of the closed attorney-client session, the Mayor should read the
following:
"The City has scheduled a closed attorney-client session pursuant to Florida
Statutes §286.011(8) in the case of Scheinberg, et al. v. City of Delray
Beach. The estimated length of the closed session shall be 15 minutes. The
following persons will be attending: Mayor Jay Alperin, Commissioners
David Randolph, David Schmidt, Bill Schwartz, and Pat Archer, City
Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney
Jay Jambeck, and a certified court reporter."
After the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be
prepared giving reasonable public notice of the time and date of the closed attorney-client
session for February 1, 2000 and that the agenda item include the name of the case, the
names set forth above of those persons attending the session, and identify the item as a
closed door session pursuant to Florida Statutes {}286.011. Our office will arrange for a
court reporter to be present as required by statute. Attached is a copy of Fla. Stat.
§286.011.
SAR:jw
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Jay Jambeck, Assistant City Attorney
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties
Page I
*29301 West's F.S.A. § 286.011
WEST'S FLORIDA STATUTES
A1NNOTATED
TITLE XIX. PUBLIC BUSINESS
CHAPTER 286. PUBLIC
BUSINESS; MISCELLANEOUS
PROVISIONS
degree, punishable as provided in s. 775.082 or
s. 775.083.
(c). Conduct which occurs outside the state
which would constitute a knowing violation of
this section is a misdemeanor of the second
degree, punishable as provided in s. 775.082 or
s. 775.083.
Current through En~l of 1996 2nd Reg. Sess.
286.011. Public meetings and records;
public inspection; criminal and civil
penalties
(1) All meetings of any board or commission
of any state agency or authority or of any
agency or authority of any county, municipal
corporation, or political subdivision, except as
otherwise provided in the Constitution, at which
official acts are to be taken are declared to be
public meetings open to the public at all times,
and no resolution, rule, or formal action shall be
considered binding except as taken or made at
such meeting. The board or commission must
provide reasonable notice of all such meetings.
(2) The minutes of a meeting of any such
board or commission of any such state agency
or authority shall be promptly recorded, and
such records shall be open to public inspection.
The circuit courts, of this state shall have
jurisdiction to 'issue injunctions to enforce the
purposes of this section upon application by any
citizen of this state.
(3)(a) Any public officer who violates any
provision of this section is guilty of a
noncriminal infraction, punishable by fine not
exceeding $500.
(b) Any person who is a member of a board or
commission or of any state agency or authority
of any county, municipal corporation, or
political subdivision who knowingly violates the
provisions of this section by attending a meeting
not held in accordance with the provisions
hereof is guilty of a misdemeanor of the second
(4) Whenever an action has been filed against
any board or commission of any state agency or
authority or any agency or authority of any
county, municipal corporation, or political
subdivision to enforce the provisions of this
section or to invalidate the actions of any such
board, commission, agency, or authority, which
action was taken in violation of this section, and
the court determines that the defendant or
defendants to such action acted in violation of
this section, the court shall assess a reasonable
attorney's fee against such agency, and may
assess a reasonable attorney's fee against the
individual filing such an action if the court finds
it was filed in bad faith or was frivolous. Any
fees so assessed may be assessed against the
individual member or members of such board or
commission; provided, that in any case where
the board or commission seeks the advice of its
attorney and such advice is followed, no such
fees shall be assessed against the individual
member or members of the board or
commission. However, this subsection shall not
apply to a state attorney or his or her duly
authorized assistants or any officer charged with
enforcing the provisions of this section.
*29302 (5) Whenever any board or
commission of any state agency or authority or
any agency or authority of any county,
municipal corporation, or political subdivision
appeals any court order which has found said
board, commission, agency, or authority to have
violated this section, and such order is affirmed,
the court shall assess a reasonable attorney's fee
for the appeal against such board, commission,
agency, or authority. Any fees so assessed may
be assessed against the individual member or
members of such board or commission;
provided, that in any case where the board or
Copyright (c) West Group 1997 No claim to original U.S. Govt. works
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties
Page 2
commission seeks the advice of its attorney and
such advice is followed, no such fees shall be
assessed against the individual member or
members of the board or commission.
No portion of the session shall be off the record.
The court reporter's notes shall be fully
transcribed and filed with the entity's clerk
within a reasonable time after the meeting.
(6) All persons subject to subsection (1) are
prohibited from holding meetings at any facility
or location which discriminates on the basis of
sex, age, race, creed, color, origin, or economic
status or which operates in such a manner as to
unreasonably restrict public access to such a
facility.
(7) Whenever any member of any board or
commission of any state agency or authority or
any agency or authority of' any county,
municipal corporation, or political subdivision
is charged with a violation of this section and is
subsequently acquitted, the board or
commission is authorized to reimburse said
member for any portion of his or her reasonable
attorney's fees.
(d) The entity shall give reasonable public
notice of the time and date of the attorney-client
session and the names of persons who will be
attending the session. The session shall
commence at an open meeting at which the
persons chairing the meeting shall announce the
commencement and estimated length of the
attorney-client session and the names of the
persons attending. At the conclusion of the
attorney-client session, the meeting shall be
reopened, and the person chairing tile meeting
shall announce the termination of the session.
(e) The transcript shall be made part of the
public record upon conclusion of the litigation.
*29303
CRO !
(8) Notwithstanding the provisions of
subsection (!), any board or commission of any
state agency or authority or any agency or
authority of any county, municipal corporation,
or political subdivision, and the chief
administrative or executive officer of the
governmental entity, may meet in private with
the entity's attorney to discuss pending litigation
to which the entity"
~s presently a party before a
court or adminigtrative agency, provided that the
following conditions are met:
CREDIT(S)
1997 Electronic Update
CRO! Amended by Laws 1991. c. 91-224. fig 33: Laws
1993. c. 93-232. fig 1, eft. June 30, 1993: Laws 1995. c.
9§-148. fig 210. eft. July lO. 199§; Laws 1995, c. 95-353, fig
1, eft. June 17, 1995.
<<For addinonal credits, if any, see Historical Note
field.>>
HISTORICAL NOTES
(a) The entity's attorney shall advise the entity
at a public meeting that he or she desires advice
concerning the litigation.
HISTORICAL AND STATUTORY NOTES
1997 Electronic Update
(b) The subject matter of the meeting shall be
confined to settlement negotiations or strategy
sessions related to litigation expenditures.
(c) The entire session shall be recorded by a
certified court reporter. The reporter shall
record the times of commencement and
termination of the session, all discussion and
proceedings, tile names of all persons present at
any time, and the names of all persons speaking.
Laws 1991, c. 91-224, a reviser's bill, modified
provisions for punishment of misdemeanors as contained in
this section by deleting reference to punishment pursuant
to § 775 084 to conform with Laws 1988. c. 88-131 which
deleted all references to misdemeanors from § 775.084.
Laws 1993, c. 93-232. § I. eli'. June 30, 1993, added
subsec. (8).
Laws 1995, c. 95-148, a reviser's bill, removed gender-
specific references applicable to human beings without
substantive changes in legal effect.
Copyright (c) West Group 1997 No claim to original U.S. Govt. works