Loading...
Agenda Reg 08-01-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING AUGUST 1, 2000 6:00 P.M.; PUBLIC HEARING 7:00 P.M. cOMMISSION CHAMBERS 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. 2. 3. 4. 5. 6. AGENDA Roll Call.' Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: None Proclamations: A. Recognizing and commending the Lifeguard Emergency Medical Service Competition Team on their First Place finish in the 2000 Emergency Medical Foundation International Basic Life Support Competition B. Recognizing and commending the players and coaches of the Delray Beach Youth Basketball Program for their outstanding representation of the City of Delray Beach Presentations: A. Overview of the Finance Department E. Overview of Administrative Services Consent Agenda: City Manager recommends approval. A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various action~ approved by the South Central Wastewater Treatment and Disposal Board at the quarterly meeting of July 20, 2000. INTERLOCa?. AGREEMENT WITH SCRWTD BOARD/JOINT USE OF INTRACOASTAL PIPELINE CROSSING: Approve an interlocal agreement between the City and the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board that provides for joint use of an existing 24" force main Intracoastal crossing. INTERLOCAL AG~RMENT WITH SOLID WASTE AUTHORITY/RECYCLING AND GRANT MANAGEMENT: Approve an interlocal agreement between th= City and the Solid Waste Authority of Palm Beach County that provides for the terms of the municipal recycling program, Regular Commission Meeting August 1, 2000 including grant application and management, for the period ending September 30, 2005. D. PUBLIC AGENCY COMMUNITY SERVICE AGREEMENT WITH PALM BEACH COUNTY COURT/OCEAN RESCUE DIVISION: Approve a Public Agency Agreement with the Courts of the 15th Judicial Circuit that provides for the Ocean Rescue Division's participation in the Palm Beach County Court Community Service Program. REsoLUTION NO. 58-00 (VANTAGEPOINT PAYROLL ROTH IRA PROGRAM): Approve a resolution providing for an amendment to th= restated ICMA Retirement Corporation Deferred Compensation Plan and Trust (adopted by Resolution No. 88A-96) to provide for City employee participation under the ICMA Vantagepoint Payroll Roth Individual Retirement Account program. SUBORDINATION POLICY AND PROCedURES FOR CDBG/SHIP GRANTEES: Approve a Subordination Policy and Procedures to be followed by the Community Development Division when homeowners assisted by Community Development Block Grant (CDBG) and/or State Housing Initiatives Partnership (SHIP) funds request that the City subordinate its second mortgage position. RELEASE OF LIENS ON PROPERTY AT 217 S.W. 6TH AVENUE: Approve the release of administrative fees and interest in the amount of $1,018.28 from nuisance abatement liens against vacant property located at 217 S.W. 6th Avenue to support the construction of a single family affordable housing unit, subject to plan approval and issuance of building permits. AUTHORIZATION TO EXCEED MAXIMUM SUBSIDY AMOUNT AND APPROVAL OF FUNDING AWARD UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Authorize and approve a funding subsidy that is $5,000 in excess of the maximum allowable under the Renaissance Program Memorandum of Understanding in order to increase the affordability of a new construction unit on S.W. 13th Avenue. SERVICE AUTHORIZATION ~5/ROBERT G. CURRIE PARTNERSHIP (SARAH GLEASON PARK IMPROVEMENTS): Approve Service Authorization #5 in the amount of $20,750.00 with Robert G. Currie Partnership for design services relative to the Sarah Gleason Park Improvements project, with funding from 334-4181-572-34.90 (General Construction Fund/Sarah Gleason Park). CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/MAN-CON, INC. (SW 8TH AVENUE/SW 4TH STREET INFRASTRUCTURE IMPROVEMENTS): Approve closeout Change Order #1 in the amount of $49,851.5~ and final payment in the amount of $63,607.97 to Man-Con, Inc. for completion of the SW 8th Avenue/SW 4th Street Infrastructure Improvements project, with funding in the amount of $18,756.29 from 442-5178-536-61.78 (Water Distribution Improvements) and $44,851.58 from 334-3162-541-63.11 (General Construction Fund - Bikepaths/ Sidewalks). -3- Regular Commission Meeting August 1, 2000 CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/CHAZ EQUIPMENT COMPANY (REPAIRS TO LIFT STATIONS): Approve closeout Change Order #1 in the amount of $9,677.00 and final payment in the amount of $11,077.20 to Chaz Equipment Company, Inc. for completion of the Lift Station %6 and %22 Repairs project, with funding from 442-5178-536-63.51 (Water & Sewer R&R/Sewer Mains). CLOSEOUT CF~%NGE ORDER ~1 AND FINAL PAYMENT/LIME-TECH, INC. (WATER SERVICE PLUMBING CONNECTIONS/RELOCATIONS): Approve closeout Change Order %1 in the amount of $7,800.00 and final payment in the amount of $8,949.10 to Line-Tech, Inc. for completion of the Water Service Plumbing Connections/ Relocations project, with funding in the amount of $1,149.10 from 442-5178-536-65.17 (Water Service Relocations) and $7,800 from 442-5178-536-63.50 (Water Line Upgrades). M. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (CWRMICAL STORAGE BUILDING): Approve closeout Change Order %1 in the net deduct amount of $12,500.00 and final payment in the amount of $2,510.10 to Marine Engineering Contractors, Inc. for completion of the Water Treatment Plant's Dry Chemical Storage Building project, with funding from 441-5161-536-63.73 (W&S Capital Outlay/Chemical Storage Building). N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 24th through July 28, 2000. O. ACCEPTANCE OF PAYMENT FROM GEE & JENSON CONCERNING KNOWLES PARK BOAT RAMP: Accept payment in the amount of $42,000 from Gee & Jenson with respect to the Knowles Park boat ramp project. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $34,531.83 to Safety Equipment Company, via City of Orlando Agreement, for the purchase of 32 sets of firefighting protective gear (coat and pants), with funding in the amount of $2,150.41 from 001-2313-522-52.22 (Fire/Highland Beach - Uniforms/Linen Service), $31,131.82 from 001-2315-526-52.22 (Fire Operations Uniforms/Linen Service), and $1,249.60 from 001-2317-522-52.22 (Fire Safety - Uniforms/Linen Service). Purchase award in the amount of $11,722.00 to JC White Office Furniture, via State of Florida contract, for the purchase of workstations and lateral files to complete the City Clerk's Office renovations, with funding from 001-1411-512-64.10 (City Clerk/Office Furniture & Fixtures). -4- Regular Commission Meeting August 1, 2000 Regular Agenda: A. PARKING MANAGEMENT ADVISORY BOARD RECOMMENDATION/BEACH PARKING Bo LOTS: Consider a recommendation from the Parking Management Advisory Board with respect to the closing time for the Sandoway and Marriott beach parking lots. PERMANENT STUART CLOSURE OF EVE STREET: Consider approval of the permanent street closure of Eve Street, between South Federal Highway and Spanish Trail, based upon the findings and recommendation of the Planning and Zoning Board. INITIATION OF COMPD~W~NSIVE PLAN AMENDMENT 2000-2: Consider formally initiating Comprehensive Plan Amendment 2000-2 pursuant to Section 9.2.1 of the Land Development Regulations. CONTRACT ADDITION (C.O. ~2)/REPUBLIC CONSTRUCTION & DEVELOPMENT CORPORATION (VETERANS PARK PLAYGROUND REBUILD): Consider approval of a contract addition (C.O. ~2) in th= amount of $88,760.00 with Republic Construction & Development Corporation under the Veterans Park Restroom Modifications contract for the demolition and rebuilding of a portion of the Veterans Park playground that burned last May, with funding in the amount of $75,000 from 551-1575-591-45.50 (Self Insured Property Claims) and the residual amount to be paid by insurance. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint five members to the Site Plan Review and Appearance Board for two year terms ending August 31, 2002. The appointments will be made by Mayor Schmidt, Commissioner Perlman, Commissioner Archer, Commissioner Schwartz and Commissioner McCarthy. Fo APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four members to the Historic Preservation Board for two year terms ending August 31, 2002. The appointments will be made by Commissioner McCarthy, Mayor Schmidt, Commissioner Perlman and Commissioner Archer. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three regular members to the Board of Adjustment for two year terms ending August 31, 2002. The appointments will be made by Commissioner McCarthy, Mayor Schmidt and Commissioner Perlman. 10. Public Hearings: A. COMMUNITY DEVELOPMENT BLOCK GRANT 5-YEAR CONSOLIDATED PLAN AND ANNUAL ACTION PLAN: Conduct a public hearing and consider approval of the CDBG 5-Year Consolidated Plan (October 2000 t Annual Action Plan -5- Regular Commission Meeting August 1, 2000 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: ORDINANCE NO. 18-00: An ordinance designating the Atlantic Avenue Bridge, located at East Atlantic Avenue and the Intracoastal Waterway, to the Local Register of Historic Places. If passed, a public hearing will be scheduled for August 15, 2000. ORDINANCE NO. 19-00: An ordinance designating the George Bush Boulevard Bridge, located at George Bush Boulevard and the Intracoastal Waterway, to the Local Register of Historic Places. If passed, a public hearing will be scheduled for August 15, 2000. 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -6- WHEREAS, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division, Lifeguard Emergency Medical Service (EMS) Competition Team competed in the 2000 Emergency Medical Foundation International Basic Life Support Competition, or Clin-Con Competition, in Orlando, Florida, on July 14, 2000; and WHEREAS, ten Basic Life Support teams from Fire Rescue, Ocean Rescue, private ambulance services, and private companies from throughout Florida participated in the competition; and WHEREAS, the Delray Beach Ocean Rescue EMS Competition Team placed first at Clin-Con 1999; and WHEREAS, the Delray Beach Ocean Rescue EMS Competition Team, once again, placed first at Clin-Con 2000; and WHEREAS, the involvement and achievements of the Delray Beach Ocean Rescue EMS Competition Team in Clin-Con competition have generated much civic and community pride. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, hereby recognize and commend the First Place Winners, namely: WALTER BA UM, OCEAN RESCUE OFFICER EMT PA UL MILNE, OCEAN RESCUE OFFICER EMT TYLER ADAMS, OCEAN RESCUE OFFICER EMT ERIC FELD, OPERATIONS SUPERVISOR EMT on their outstanding representation of the City of Delray Beach and offer them congratulations for a job well done in the 2000 Clin-Con Competition. 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 August, 2000. DA VID W.. SCHMIDT MA YOR AGENDAITEM NUMBER: ~.~. Request to be placed on: AGENDA REQUEST Date: July 21, 2000 XX Regular Agenda Special Agenda __ Workshop Agenda When: August 1, 2000 Description of agenda item: Request City Commission to approve and Mayor to sign proclamation honoring Ocean Rescue Lifeguard Emergency Medical Service Competition Team's taking first:place two years in a row in the Emergency Medical Foundation International Basic Life Support Competition (Clin-Con) in Orlando, Florida on July 14, 2000. ORDINANCE/RESOLUTION REQUIRED: YES NO ~ Draft Attached: YES NO x Recommendation: Approval. Department Head Signature:~ ~/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ //~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved ~Disapproved . (if applicable) WHEREAS, the Delray Beach Youth Basketball Program is sponsored by the Delray Beach Parks and Recreation Department, and the players proudly represent the City of Delray Beach; and WHEREAS, three age division teams (Junior, Intermediate and Senior) advanced to the final round playoff game in the league championship; and WHEREAS, in the Junior Division (ages 7-9) the regular season and playoff champions MAGIC I, coached by Curtis Williams and Eric Baffle, advanced to the championship game and won as first place champions in the games played at Pompey Park on March 4, 2000; and WHEREAS, in the Intermediate Division (ages 10-12) the regular season champions THE RAPTORS, coached by Greg Russ and Charles Roberson, advanced to the final game as regular season champions, and MAGIC II, coached by Gerrall Lewis, Curtis Williams and Johnny Haynes, advanced as playoff champions in the games played at Pompey Park on March 4, 2000; and WHEREAS, in the Senior Division (ages 13-15) the regular season champions THE FIRM, coached by Trevor Felder and Marcell Harris, advanced to the final games as regular season champions, and THE RATTLERS, coached by Terrance Scoff and David Weatherspoon, advanced as playoff champions in the games played at Pompey Park on March 4, 2000; and WHEREAS, as a spinoff of the regular season basketball teams, traveling basketball teams were formed for the Junior Division, Intermediate Division and Senior Division, and for the first year a Girls Division (13 and under). The traveling teams were started four years ago with about 36 young people. They have grown to about 75 youths and are still growing; and WHEREAS, the traveling team coaches are Curtis Williams, Chris Blake, Grag Russ, Charles Roberson, and Zerlean Williams; and WHEREAS, the traveling teams went to the Youth Basketball of America (YBOA) Tournament held in Port St. th th Lucie in May, 2000, placin~as follows: Junior Division finished in 5 place; Intermediate Division tied for 5 place, and the Girls Division placed 4'". These rankings enabled all three teams to be extended an invitation to the National and International Tournaments held in Polk County; and WHEREAS, on June 30, 2000, the Girls Division and the Boys Intermediate Division entered the YBOA International Tournament, which included 26 countries and hundreds of teams. The Boys Intermediate Division placed 4th in their division which included 64 other teams. The Girls Division placed 4th in the "14 and under" competition and 1't in the "13 and under" competition; and WHEREAS, in the YBOA International Tournament, the following special awards were given: Girls: Boys: WILLIE JACKSON for ALL TOURNAMENT PLAYER SHARMAYNE PINCKNEY, MARLIE LOUIBCHARLES & BRITTNI ADAMS for ALL TOURNAMENT PLAYER BREA HINTON for the HUSTLE AWARD ASHLEE PARRISH for MOST VALUABLE PLAYER WHEREAS, the coaching staff for the YBOA International Tournament are Curtis Williams, Chris Blake, and Zerlean Williams; and WHEREAS, the parents, friends and sponsors of the Delray Beach Youth Basketball represented the City of Delray Beach in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Beach Youth Basketball to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" 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 l't of August, 2000. DAVID W. SCHMIDT MAYOR Request to be placed on: XX Regular Agenda When: August 1, 2000 AGENDAITEM NUMBER: ~GENDAREUQ_~.[.~ Special Agenda Date: July 21, 2000 __ Workshop Agenda Description of agenda item: Request City Commission to approve and Mayor to sign proclamation honoring Delray Beach Youth Basketball Program. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Approval. NO X NO X Department Head Signature: ~ Determination of Consistency with I~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: e~ Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) ~'~ No Disapproved . MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~./5) - REGULAR MEETING OF AUGUST 1. 2000 RATIIqCATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS JULY 27, 2000 This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on July 20, 2000. By a vote of 8 to 0, the SCRWTD Board approved the following: · Authorization to establish wastewater user rate to ciries for FY 2001 in the total amount of $0.6925/1,000 gallons ($0.5425/1,000 gallons for Operations & Maintenance plus $0.1500/1,000 gallons for Sinking Fund). · Acceptance of FY 2001 Wastewater and Reuse Operations & Maintenance budgets and Wastewater Repair and Replacement expenditures. Authorization for the Chairman to sign an interlocal agreement between the City of Delray Beach and the SCRWTD Board for joint use of the 24" Intracoastal pipeline crossing. Authorization for the Chairman to sign a special warranty deed transferring a forty inch (40") wide tract of land on Golf Road, west of Congress Avenue, from the SCRWTD Board to Palm Beach County. Authorization for the Chairman to sign a claim file release between the SCRWTD Board and GRIT (Governmental Risk Insurance Trust). Approval of a corporate resolution allowing the Executive Director to enter into a 3-year lease agreement with Saturn of Delray for a LW 6 cylinder wagon at a rate of $275.00 per month. Authorization to expend $26,000 from the Surplus fund to settle an injury claim (Eddie F. Adams vs. SCRWID Board). · Authorization to expend $8,000 from the Repair &Replacement fund on an emergency basis to replace a 1,200 amp breaker for Unit Substation #3. · Authorization to expend $2,000 from the Repair & Replacement fund on an emergency basis to purchase five (5) alarms to enhance the chlorine system. · Authorization to expend $2,780 from the Repair & Replacement fund for Roy BeU, Inc. to repair the roof on the Administration Building. Recommend ratification of the actions approved by the SCRWID Board on July 20, 2000. ReflAgmemol 6.SCRXXq~D Board Action of 7.20.00 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 20. 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 8-0, approve AUTHORIZATION TO ESTABLISH WASTEWA TER USER RATE TO CITIES FOR FISCAL YEAR 2000/2001 AS FOLLOWS: 2000/2001 OPERA TIONS & MAINTENANCE SINKING FUND ;~0.5425/1.000 GAL ~0. 1500/1,000 GA1 TOTAL $0.6925/1.000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boyoton 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 JULY 20, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 6'-0, approve AUTHORIZATION FOR ACCEPTANCE OF 2000/2001 WASTEWA TER AND REUSE O&l~l BUDGETS AND WASTEWATER REPAIR AND REPI_ACEMENT EXPENDITURES. 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 JULY 20. 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 7-0, approve AUTHORIZATION FOR CHAIRMAN to SIGN INTERL OCAL AGREEMENT BETWEEN the CITY of DELRA Y BEA CH and SOUTH CENTRAL REGIONAL WASTEWA TER TREATMENT & DISPOSAL BOARD for USE of 24" INTERLOCAL PIPELINE CROSSING. 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 JULY 20. 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 20, 2000, by a vote of 6-0, approve AUTHORIZATION for CHAIRMAN to SIGN SPECIAL WARRANTY DEED TRANSFERRING from SCRWT&DB to PALM BEA CH COUNTY a 40" WIDE TRACT of LAND on GOLF ROAD WEST of CONGRESS AVE. 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 JULY 20. 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 7-0, approve AUTHORIZATION for CHAIRMAN to SIGN CLAIM FILE RELEASE BETWEEN SCRWT&DB and GRIT. 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 JULY 20, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 8-0, approve APPROVAl OF CORPORATE RESOLUTION ALLOWING THE EXECUTIVE D/RECTOR TO ENTER INTO A THREE (3) YEAR LEASE AGREEMENT WITH SATURN OF DELRAY FOR A LW 6 CYLINDER WAGON AT A RATE OF $275.50 PER MONTH. 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 JULY 20, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 8-0, approve AUTHORIZATION to EXPEND ~26,000 from SURPLUS FUND to SETTLE INJURY CLAIMS EDDIEF. ADAMS VS. SCRWT&DB. 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 JULY 20, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~8,000. ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUND TO REPLACE 1,200 AMP BREAKER FOR UNIT SUBSTATION #3. 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 F'ROH : ~ ' _,LRId£, FRX It0. : 5E, 12~,52357 _Tu]. c,? 2FJC3~ Oi::].4PH Pi RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 20, 2000 WHEREAS. the South Central Regional Wastewater Treatment and Disposal Board did on July 20. 2000. by a vote of 8-0, approve AUTHORIZATION TO EXPEND ONAN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUND $2.000. TO PURCHASE FIVE (5) ALARMS TO ENHANCE THE CHLORINE SYSTEM. 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 DELI{AY BEACH By: IV~ayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 20, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 2000, by a vote of $-0, approve AUTHORIZATION TO EXPEND FROM REPAIR & REPLACEMENT FUND ~2.780 FOR ROY BELL. INC. TO REPAIR ROOF IN THE ADMINISTRATION BUILDING. 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 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ~ . - REGULAR MEETING OF AUGUST 1, 2000 INTERLOCAL AGREEMENT WITH SOUTH CENTRAL REGIONAl. WASTEwATER TREATMENT & DISPOSAL BOARD/24" DATE: INTRACOASTAL FORCE MAIN CROSSING JULY 27, 2000 This is before the City ComnUssion to approve an interlocal agreement between the City and the South Central Regional Wastewater Treatment & Disposal (SCRWTD) Board that provides for joint use of an existing 24" force mare Intracoastal crossing. The SCRWTD Board is the owner of the 24" pipeline crossing. The Board does not use this crossing, but instead uses a 30" pipeline crossing underneath the Intracoastal Watenvay for the ocean outfall system. The City is currently using a 16" pipeline crossing in its sanitary sexver system coming from the barrier island. The City wants to use the 24" pipeline crossing as its pr/mary transmission line from the barrier island to the Treatment Plant and retain the 16" pipeline as a backup. The SCRWTD Board agrees to allow the City to use the 24" pipe[ne crossing in exchange for the City providing all of the upkeep, repair and maintenance for same. In addition, the City agrees to allow the SCRWTD Board to use the 24" crossing on an emergency basis should there be a failure of their 30" ocean outfall crossing. In that event the City would redirect its sanitary sewer system flow back to the 16" pipeline crossing. Recommend approval of the interlocal agreement between the City and the SCRWTD Board for use the 24 Intracoastal p~peline crossing. RelqAgmemol 1.IA with SCRWTD Board.24 Inch Intracoastal Force Main Crossing AGE~_..~UEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ff' Date: July 26, 2000 When: August 1, 2000 Description of item (who, what, where, how much): Staff requests Commigsion approval of an agreement for joint use of an existing 24" force main Intracoastal crossing by the City and South Central Regional Waste Water Treatment and Disposal Board. The agreement allows the City to utilize the 24" pipe owned by SCRWWTDB as our primary transmission line from the Barrier Island to the Treatment Plant. SCRWWTDB will have the ability to use the pipe in the event ora failure on their 30" ocean outfall cossin~. In the event ora failure, the City will use our existing 16" force main crossing which will be maintained as a redundant back up. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Agreement. Department head signature: ~~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives .(if applicable) Account No. & Description Account Balance City Manager Review: ~) ~ Approved for agenda: ffE~/NO Hold Until: x~/ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\essrv002\davis\wwdata~Forms~AgendaReq. Joint Use 072600.doe 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 Pub~s July 26, 2000 Joint Use Agreement 24" Intracoastal Force Main Crossing South Central Regional Waste Water Treatment and Disposal Board Attached is an Agenda Request along with a copy of the proposed agreement for joint use of the existing 24" Intracoastal force main crossing. The agreement allows SCRWWTDB to use the 24" crossing on a temporary basis in the event of a failure of the 30" ocean outfall crossing. The joint use of the crossing is a requirement of D.E.P. in order for the city to use the crossing as our primary umbilical to the Barrier Island waste water system. Provisions will be made in the rehabilitation plans for the 24" crossing for SCRWWTDB to utilize the pipe if needed. Our existing 16" force main crossing will be maintained as a back up and used by the City in the event of such emergency. Please place this item on the August 1, 2000 Agenda for consideration by City Commission. CDB/ped CCi Richard Hasko, P.E., Director of Environmental Services Robert Hagel, Director, SCRWWTDB City Clerks Office U:\wwdataWiemoUoint Use Agreement-072600 .doc · 07/26/00 WED 09:23 FAX 561 278 4755 DEL BCH CTY ATTY ~ EhW. SERVICES ~002 Prepat'ed by: RETURN: R. Brian Shunt, Esq. City Attorney's Off'mc 200 N.W. 1st Avenue Delray Beach, FL 3~.44 INTER.LOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL B. BOA_RD FOR USE OF AN INTRACOASTAL PH'vlLINE CROSSING THIS AGREEMENT, is entered into this ~ da), of __ ~ ,2000 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter ref'erreti to as "CITy") and SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, the CITY currently maintains a 16" pipeline crossing underneath /ntracoastai Wate, rway as part of its sanitary sewer system; and WHEREAS, the CITY executed an agreement with OWNER on July 12, 1979 transferring ownership of a 24" pipeline crossing underneath the Intracoastal Waterway to the OWNER based upon the CITY receiving payment for the pipeline as well as the CITY making payment, or provisions for the payment, of ail the outstancling bonds in efZ'ect at the time of thc execution o/' that agreement; and WHEREAS, O~rNER required the use of the pipeline crossing for thc ocean ouffal] system; and 09:24 FAX 5§! 278 4755 DEL BC~ CTY AT'f%' ~ E~V. SERVICES ~003 WHEREAS, those provisions have been satisfied and OVVI~'ER is the current owner of the 24" pipeline crossing, more particularly described in Exhibit "A', and WHEREAS, OWNER currently uses a 30" pipeline crossing underneath the Intracoastal Waterway for the ocean outfall system and is not making use of the 2.~' pipeline crossing; and WItEREAS, the CITY wishes to use the 24" pipeline ~ that it may reserve the 16" pipeline as a backup; and WHEREAS, OWNER agrees to allow the CITY to use the 24" pipeline crossing if the CITY agrees to maintain the 24" pipeline crossing and to allow use of the pipeline crossing, on a temporary emergency basis, by OWNER if o~rNER is temporarily unable to use its 30" pipeIine crossing. NOW, THrEREFORE, for the mutual covenants and matters set forth herein, as of the dale set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of 2.4" pipeline crossing described in Exhibit "A". 3. OWI~rER is not using the 24" pipeline crossiug for the ocean outfall. 4. CITY currently uses a 16" pipeline crossing in ks sanitary sewer system coming from the barrier island. The CITY wishes to use the 24" pipeline crossing in its sanitary sewer system and retain its 16" pipeline as a backup. 5, OWNER hereby agrees to allow the CITY the use of the 24" pipeline crossing as described in Exhibit "A" for a period of fifty (50) years for consideration of the CITY providing all the upkeep, repair, maintenance, and replacement of the pipeline crossing. The CITY shall perforrn all work that is needed to incorporate the pipeline crossing into the .07/20/00 ~ED 09:28 FAX 561 278 47Sa DEL BCH CTy AT'Pf ~ ENV. SERVICES ~004 CITy's sanitary sewer system, at its own cost and cxI~nse. The CITY may renew, in i~s sole discretion, this Atlreement for one additional fifty (J0) year term. 6. The CITY shall have the uninterrupted use of the pipeline for the contract period, unless OWNER experiences a problean with its current 30" pipehne crossing that renders that pipeline crossing unusable in¢ludin~ for maintenance anti repair purposes, then OWN'~R, on an emergency basis, shall be allowed use of the 24" pipeline crossing until such time as the 30" pipeline crossing may be put back into use. If OWNER notifies the CITY of the need to use the 24" pipeline crossing, on an emergency basis, the CITY will then promptly and with due diligence work with OWNER in transferring the use of the pipeline from the CITY's sanitary sewer system to the OW'NI~R,$ ocean outfall system. Thc CITY will then redirect its sanitary sewer system flow to the 16" pipeline crossing. 7. Each party agrees to be rosponsible for the negligence of its own employees, agents or contractors, to Ge extent permitted by law. 8. Al/notice required or allowed b~,' this Agreement shall be delivered in person or mailed to the party at the fol]owin~ address: CITY: OWNER: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL ~3444 South Central l~ginnal Was ewarer Treatment and Disposal Board c/o Executive Director 1801 N. Collgr¢~ Avenue Delray Beach, FL 3~44S '07/28/00 WED 09:26 FAX ~6! 278 4755 DEL BCH CTy ATTY ~ ENV. SERVICES ~005 9. Prior to the effectiVeness thereof and pursuant to the requLrements of Section 163.01(11) of the Florida Statutes, this agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in aad for Palm Beach County, Florida. 10. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 11~ The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of this contract shall have no effect upon the validity of any other part or portion hereof. 12. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Floricla. 13. of l:'lorJda. This contract shall be governed by ami in aCCordance with the laws of the State l~t. Neither the CITY, nor OWN'ER, shall assign, convey or transfer any rights or interest in this Agrean~m without the written consent of the other. 15, This Agreement shall not be effective unless signed by both parties. IN WITNESS WH~I~OF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: ny: c~"x....-.-.----~, h-M City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor '97/26/00 rED 09:l~7 FAX .$81 278 ¢753 DEL BC}I CTY A.'TY ENV. SERVICES /~006 WITNESSES: Print Name:~Robar~ 3. lia~el SOUTH CENTRAL REGIONAL WASTEWATER TREATMI~NT AND DISPOSAL BOARD State of Florida County of Palm Beach The foregoing instrument was acknowledged be/ore me this .,20thday of July 2000 by _Paericia Lan~le~- Archer , who is personally known to nl/::~x'x~l~xh~ ture o/Notary P~biic - State of Florida Mary Ann Shu~illa '07/2§/00 WED 09:28 FAX 5§1 278 ¢75,~ DEL BCH CTY A'/'I~' -*~* ENV. SERVICES ~]007 EXHIBIT "A" INTRA, COASTAL WATERWAy PIPELINE CROSSING A 24" d~file iron pip= beginn/ng at a point 22.0' north of the north side Veterans Park, and P. zzl~ng in an easterlo ~: ..... , ~ of the gazebo at cant~rllne of Atla~t/c a ....... ~ ,~-,_ . ~ ,~=guo~ ~appr, oxtmat~ly 1 aO feet aox'th of the '"'""~' lac pipeline extcno$ tmaerlh¢ Intracoastal Waterway for a distance of approximately 249 fern, at which point it V, irns [by means ora 45°bcnd) to a soW, heesterly head/ng and continues (still beneath the Intra¢o~s~al Waterway) a distance of approximately 89 feet, axi~/ng thc Intracoasml Waterway at a 24" valve. 05/24/00 WED 10:34 [TX~RI NO 8929] TO.' THRU: FROM: David T. Harden, City Manager Lula Butler, Community Improvement Director ~/~ Richard Bauer, Code Enforcement Administrator SUBJECT; CITY COMMISSION AGENDA ITEM FOR AUGUST 1, 2000 DATE: July 27, 2000 Item Before the Commission An Interlocal Agreement for Municipal Recycling and Grant Management between the Solid Waste Authority of Palm Beach County and the City of Delray Beach. BackRround The Interlocal Agreement details, among other matters, the types and frequency of collection services and the types of materials to be collected. The agreement also outlines certain promotion and education responsibilities of the City and management of the annual recycling grant, provided such grant is made available by the State. The term of the agreement is to September 30, 2005. Staff Recommendation The agreement was reviewed by the City Attorney and other appropriate City staff. Adoption is recommendation by staff. RB:mh Delray Draft ILA (clean copy) INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT, made and entered into this __ day of , __ by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF DELRAY BEACH, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City", to enter into an Interiocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the State of Florida ("State") has established a grant program for recycling and education projects; and WHEREAS, without/naking joint application with the Authority, the City may not be able to obtain a grant or would have to provide matching funds to receive any grant benefits; and WHEREAS, the City desires to work in cooperation with the Authority to continue establishment of a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. WHEREAS, on or about September 21, 1994, the parties entered into an Interlocal Agreement for Grant Management; and WHEREAS, on or about February 21, 1990, the Authority and the City entered into an Interlocal Agreement for Municipal Recycling which was subsequently amended (Amendment No. 1) on or about July 15, 1992; and WHEREAS, the parties desire to terminate said agreements and enter into this new Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the City and the Authority, it is agreed as follows: City agrees to collect or to enter into a contract for the collection of residential Recyclable Materials as defined in Section 8. Dekay Beach ILA (clean copy) City agrees to cooperate with the Authority in making a grant application to the State of Florida as defined in Section 15. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City's recycling program is meeting the requirements of the Authority's countywide recycling program and other applicable state and local laws. 4. Rec¥clable Collection Service Residential Curbside and Containerized Service This provision applies to units receiving residential collection service as defined in the City's Solid Waste and Recycling Collection Franchise Agreement. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 8) from designated residential units within the City. Authority provided promotional materials may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be deleted from collection because of infrequent participation, unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection service area. Before deleting any residents from participation, the City will notify the Authority why it believes such residents should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. Comm&rcial Service This provision applies to commercial establishments located within the City's limits. The City shall promote commercial recycling to area businesses to recover to the extent possible the Recyclable Materials defined in Section 8The Authority is available to provide informational/educational material and conduct waste audits when requested by the City. No business will be prevented from participating. If the City becomes aware of any commercial establishments that have discontinued recycling service, the City may contact the establishment to provide assistance if needed. The City is expected to develop a plan that provides recycling information to the majority of the businesses within the City's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal. 5. Collection Schedule The collection schedule shall have a minimum frequency of once per week for each residential unit as defined in the City's Solid Waste and Recycling Collection Franchise Agreement and shall be made on a day as determined by the City. 6. Point of Collection Collection of residential Recyclable Material shall be predominantly at curbside, or as designated in the City's solid waste collection contract. 2 Delray Draft ILA (clean copy) 7. Data Collection The City or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households on each route. B. Number of households setting out any or all materials for the month. Total weight of residential materials and total weight of commercial material collected for the month. Residential and Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following the end of each month. Data sheets shall be available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract-related information from the City as may be required for the program. The City has the right to request quarterly progress reports from the countywide program. 8. Collection of Source-Separated Rec¥clable Material Residential Individual residents/homeowners shall be encouraged by the City to separate their solid waste into recyclables and nonrecyclables. Each residential unit or combination of units will receive the appropriate type and number of reusable containers into which Recyclable Materials will be deposited, in accordance with the'countywide recycling program and the City's collection contract. Commingled Recyclable Materials shall mean: Aluminum Containers, Aluminum Foil Products, Aseptic Packages, Gable-topped Containers, Glass bottles and jars (green, brown and clear), and All Plastic Containers (except styrofoam). Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Newspapers shall be placed loose in the other appropriately designated reusable container, and all residents shall be encouraged to place all other paper material, consisting of Magazines or Phone Books, in a Kraft bag and place in or near the Newspaper reusable container. Old Corrugated Containers shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the same reusable container as the Newspaper. Residents receiving containerized service may receive a separate container to be used for the collection of Old Corrugated Containers. The Authority retains the right to modify the manner in which materials are set out for collection with 3 Delray Beach ILA (clean copy) proper notice to the City. Notice for a substantial change in collection method shall be no less than one year. Further expansion of designated materials is expected to commence when feasible (Phase II) and shall minimally include Junk Mail, Chipboard/Pressboard Paper and any other materials approved in writing by the City and the Authority. The Recyclable Materials are more specifically defined as follows and shall be prepared for collection in accordance with processing standards in paragraphs 1 through 13 below: O) Aluminum Containers - aluminum beverage cans and containers (pet food, tuna, etc.), but not bi-metal containers. These containers shall be empty, rinsed and dry. (2) Aluminum Foil Products - any aluminum material, made solely of aluminum, other than aluminum containers. These items shall be rased and free of food contaminants. Examples of acceptable items include aluminum foil, pie plates and T.V. dinner trays. (3) Aseptic Packages - poly-coated paperboard containers with aluminum liners, for example drink boxes. These items shall be empty, rinsed, straws removed and flattened. (4) Gable-Topped Containers - poly-coated paperboard containers, for example, milk cartons. These containers shall be empty, rinsed and flattened. (5) Glass - rinsed, whole green, brown and clear bottles and jars, but shall not include cooking ware, plate glass, safety glass, light bulbs, ceramics and non-glass materials. Caps, lids, and any type of top shall be removed from the containers. Labels may remain on the containers. (6): Plastic Containers - Milk jug, water bottle, and laundry detergent containers (HDPE), soft drink bottles (PETE) and all other plastic containers (except styrofoam containers), empty, rinsed and dry, with tops, caps or lids removed. (7) Old Corrugated Containers - containers having liners of either test liner, jute or Kraft. These items shall be dry and shall not include any wax coatings, and shall be cut to an acceptable size, flattened, bundled and set beside containers or placed in the Newspaper reusable container. (8) Kraft Bags - brown paper grocery or shopping bags. These items shall be either filled as stated above, or folded and placed in the Newspaper reusable container. Delray Drat~ ILA (clean copy) (9) Magazines - dry, coated magazines, catalogs and similar printed materials. These items may be placed in Kraft bags and placed in or near the Newspaper reusable container. (10) Newspapers - newspapers, supplements, advertising and magazine sections (all of which would have been included with the newspaper), packed loose in the Newspaper reusable container. (11) Phone Books - telephone directories made of paper. These may be placed in Kraf~ bags and placed in or near the Newspaper reusable container at any time during the year. (12) Junk Mail (Phase II) - means envelopes, flyers and correspondence received by residents through the U.S. Postal system. Items are to be placed in a container as agreed to by the City and the Authority. (13) Chipboard/Pressboard Paper (Phase II) - means folding paper cartons used for packaging. Examples include tissue, cereal and dry good packaging. Items are to be placed in a container as agreed to by the City and the Authority. B. Commercial Individual businesses shall be encouraged by the City to separate their solid waste into two categories, recyclable and non-recyclable. Businesses contracting for services will arrange with a service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commemial recycling shall include Commingled Recyclable Materials, Old Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any other materials agreed to in writing by the City and the Authority. Sorted White Ledger and Sorted Office Paper are more specifically defined as follows and shall be prepared for collection in accordance with the collection standards below. (1): Sorted White Ledger - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted Office Paper - office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper, a small pementage of groundwood computer printout and facsimile paper and 10% other commercially generated office paper including but not limited to newspaper, junk mail, magazines and catalogs. 9. Commercial Recycling Revenue Share As a further incentive for the City to actively encourage commercial recycling, the Authority and the City may enter into a separate agreement to provide for payment to the City for all acceptable loads of agreed upon commemial Recyclable Materials. Delray Beach ILA (clean copy) 10. Transportation and Equipment The City shall be responsible for having collected Recyclable Materials transported to an Authority designated facility, including, but not limited to, the Authority's North Materials Recycling Facility (NMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The primary designated facility for the City shall be the Authority's South County Transfer Station located at 1901 S.W. 4th Avenue, Delray Beach, Florida with all other Authority designated facilities as secondary sites. The Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the City, at no charge to the City, except for unacceptable loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved from the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or City approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide information on how to contact the City or Authority recycling coordinator for further information. Upon request of the City, the Authority will provide rejection procedure training for the route drivers. The Authority and the City will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the City's ability to have the collector fulfill the City's recycling needs and to ensure conformity with the countywide recycling program and this agreement, the City agrees to notify the Authority when preparing the City's future request for collection franchise bids and may request the Authority's assistance in the preparation thereof. It shall be the responsibility of the City or collector to contact residents or businesses who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem persists, the City shall notify the Authority, who shall then assist the City in res. olving the Problem. Delray Draft ILA (clean copy) 12. Compliance with Zonin~ Ordinances Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The City further agrees to use its best efforts to amend or modify its appropriate zoning, building, or land development code to require new multi-family or commercial developments to provide adequate space for recycling containers. 13. Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non-recyclable materials by weight, the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the City or its Collector to dispose of any rejected loads in a suitable manner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5%. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the City. 14. Promotion and Education Responsibilities The Authority and the City shall participate in promotion and educational efforts as outlined below: The City shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for the development, printing and supplying of promotional and educational materials as needed. The' City or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. The City or Collector shall participate in the Authority's "Keep It Clean" tagging program. The City or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the City on promotional and educational materials' content and presentation, at no cost to the City. 7 Delray Beach ILA (clean copy) 15. Grant Management The City authorizes the Authority, on behalf of the City and the Authority, to submit to the Florida Department of Environmental Protection (DEP) a joint application for a solid waste recycling and education grant for all years in which the grant is available. The City acknowledges and understands that the Authority will submit the grant application for the benefit of the City, the unincorporated areas of the county, and the county as a whole, as is appropriate, and that said application will be made also on behalf of other participating municipalities. The City agrees to provide to the Authority all information needed to develop and maintain a complete recycling plan and grant application and to comply with all reporting requirements prescribed by Florida Statutes and DEP Rules and Regulations. The Authority agrees to submit grant applications based on the applicable following guidelines and in a~cordance with the DEP Rules and Regulations: (1) Application for the grant year may be mutually agreed to by the parties to be based solely upon a countywide plan for applying the grant funds to benefit the county as a whole, or (2) For municipalities that have entered into Interlocal Agreements with the Authority under this grant program and similar to this Interlocal Agreement (hereafter called Participating Cities) and that submit a written plan for a qualifying grant project to the Authority 60 days prior to the filing deadline established by DEP, such plan will be included in the grant application, providing it meets the filing requirements set out in the DEP Rules and Regulations. (3)' Application for the grant may be based upon the Authority's qualifying project plan for the unincorporated areas of the county. (4) For cities that do not submit a plan for filling the requirements of Section 15D(2) above, the Authority will either include them in the Authority's plan for the unincorporated areas of the county or will include them in a qualifying plan to benefit the county as a whole. The Authority agrees to distribute funds received under this grant program when appropriate to Participating Cities as follows: (1) Funds shall only be distributed on the basis of expenditures approved by DEP. Delray Draft ILA (clean copy) (2) If a countywide Grant Program application was submitted, then no funds will be distributed to Participating Cities, but all grant funds received will be applied to benefit the county as a whole based upon such approval as is given by DEP of the submitted plan, or (3) If a joint Grant Program request was submitted, then Grant funds shall be distributed by the Authority to Participating Cities or applied by the Authority to unincorporated areas of the County or for the benefit of the County as a whole on the basis of grant application approvals by DEP. That is, if a Participating City's submitted project plan is approved in whole, or in part, or denied totally, then that Participating City shall receive funds accordingly based on the percentage of its plan that has been approved. (4) The Authority will distribute grant funds to the City and all other Participating Cities within thirty (30) days of receipt of grant program funds from the State. The City agrees that the Authority will be entitled to deduct and retain for the Authority's account, from any funds distributable to the City, 5% of the grant award to cover Authority administrative costs, and 20% of the amount received for the countywide education program. The City shall maintain accurate records of all expenditures of grant funds and shall make these available to the Authority and DEP as provided in Chapter 17- 716.430, F.A.C. or any successor regulation. The City agrees not to make separate application for grants under this program or to take any action which would conflict with or frustrate the intent of this agreement as long as this agreement is in effect. Nothing contained in this agreement shall prohibit the City from making application for grants under other provisions of Chapter 403, Florida Statute that are not in conflict herewith. 16. Deliver3, of Collected Material The City agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the City shall be delivered to Authority designated facilities. The primary designated facility for the City shall be the Authority's South County Transfer Station located at 1901 S.W. 4th Avenue, Delray Beach, Florida, with all other Authority designated facilities as secondary sites. The Authority may, from time to time, undesignate a facility. The City will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the City. 9 Delray Beach ILA (clean copy) 17. ~Law Should the State of Florida or the Authority determine any of the items described in Section 8 to be non-recyclable or designates new Recyclable Materials during the term of this Agreement, the Authority and the City will negotiate a method for modifying or terminating this Agreement, as appropriate. 18. 19. 20. 21. Term This Agreement shall begin the date herein above and continue through and including September 30, 2005. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be terminated by the mutual written consent of both parties. This Agreement may be modified only by the mutual written consent of both parties. In the event of any changes in law that abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. All formal notices affecting the provisions of this Agreement shall be delivered in person o3 be sent by registered or certified mail or by facsimile to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: For the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561-683-4067 For the City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Attention: City Manager Facsimile Number 561-243-7221 22. Designation of Recycling Coordinator The City and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the City to contact each other and for residents and businesses participating in the 10 Delray Draft ILA (clean copy) program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 23. If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such portions thereof had not been incorporated herein. 24. The prior Interlocal Agreement For Grant Management dated September 21, 1994, and the prior Interlocai Agreement for Municipal Recycling dated February 21, 1990 and subsequently amended (Amendment No. 1) on July 15, 1992 entered into by the parties hereto shall terminate on the date of execution of this Agreement, and neither party shall have any rights, duties or obligations arising therefrom after the date of termination. The remainder of this page intentionally left blank. 11 Dekay Beach ILA (clean copy) IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lockhart Executive Director APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: General Counsel, Solid Waste Authority WITNESSES: CITY OF DELRAY BEACH: By: APPROVED AS' TO FORM AND LEGAL SUFFICIENCY: By: 12 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~ AGENDA ITEM 8. O. - REGULAR MEETING OF AUGUST 1, 2000 PUBLIC AGENCY COMMUNITY SERVICE AGR~.~MENT WITH PALM BEACH COUNTY COURT/OCEAN RESCUE DIVISION DATE: JULY 27, 2000 This is before the City ComnUssion to approve a pubhc agency agreement between the City and the Palm Beach County Court Community Service Program that provides for the Delray Beach Ocean Rescue Division to participate as a public agency in the County's commtmity set,rice program. This means that defendants who have been sentenced to perform community service activities may be referred to the Ocean Rescue Division as an agency through which they may satisfy their service requirements. There is no cost to the City. The Ocean Rescue Division agrees to momtor and oversee the work performed by any defendant and to accurately report the number of hours worked by each defendant back to the Community Service Program. The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Recommend approval of the Public Agency Community Sereice Agreement with the Palm Beach County Court for the Ocean Rescue Division. RefiAgmemol 1.Public Agency Agmt. Community Sereice Program. Ocean Rescue Division AGENDAITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: July 20, 2000 XX Regular Agenda When: August 1, 2000 SpecialAgenda __Workshop Agenda Description ofagendaitem: Request approval of and Mayor's signature on Public Agency Community Service Agreement with Palm Beach County Court - Ocean Rescue Division. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Approval. NO X NO X Department Head Signature: ~._~~ Determination of Consistency wit~.~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Yes No (if applicable) Approved for agenda:~) Hold Until: Agenda Coordinator Review: Received: Action: Approved No ~Disapproved I'ITY OF OELRI:IY BEI:IrH CITY ATTORNEY'S OFFICE 200 NW lst AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH W~t~r's Direct Line: 561/243-7091 JUl. Amedca ,C~ 1993 DATE: June 6, 2000 MEMORANDUM TO: Joe Weldon, Director of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: Public Agency Community Service Agreement with Palm Beach County Court - Ocean Rescue Division I have reviewed the agreement as to legal sufficiency and form. Please place this agreement on the City Commission agenda and once executed by the Mayor, it can be transmitted to the Court. Attachment Palm Beach County Court Community Service Program Public Agency Agreement THIS AGREEMENT, dated this day of ,199. has bceu read and nnderstood as evidenced by the execution hereof by au indMdual authorized to so sign on behalf of · berein~fter "AGENCY". WHEREAS, from time to time the Courts of the 15th Judicial Circuit direct defendants to ~e~'form a certain number of hours of conmmnity sen'ice; and .. WHEREAS; 'communi'ty sen,i~:e's is.performed by said defendants at various pubiic agencies who meet established criteria; and WHEREAS, tile sen, ices are performed at no cost to lhe public agencies. WITNESSETIt: For and in cousideration of the referral of defendants to perform sen'ices for the AGENCY and for other good and valuable consideration designated below, the receipt of which is hereby ac 'knowledged, AGENCY agrees that: 1. The Corn-ts oftbe 15th Judicial Circuit may direct defendants to perform community sen,ices for AGENCY at no cost to AGENCY. AGENCY agrees to monitor and oversee the work perfonued by an), defendant sent by the Palm Beach Connty Court Community Sen'ice Program and to accnrately report, in a form approved by the Palm Beach Connty Com't CommnniB' Sen'ice Program, the number of hours each defendant works. AGENCY tmderstands and agrees that rile Palm Beach Cotmty Cotu't Commtmity Sen'ice Program, the Courts of the 15th Judicial Circuit, Palm Beach Cotmty and its Board of County Conunissioners, and each of their agents, employees, and elected officials, are not responsible for tile detail, manner, and/or method of any defendants' perfommnce of sen'ices. 4. The AGENCY, Count,, Connmmity Sen'ice Program, and Courts oftbe 15th Judicial Circuit, to tile extent permitted b.~: law, shall be responsible for its oxm negligence or willfid misconduct or the negligence or willfi~l misconduct of its agents, employees and officials. Nothing contained herein shall be deemed a waiver of sovereign inmmnity or the liability limits set forth in Florida Statutes Sectinn 768.28. 5. The AGENCY may terminate this agreement upon tlurt.x (.~0) days wr,tten notice and may reject an)' referral prior to or during the assigned conummity sen'icc if the AGENCY determines it is in its best interest. ATTEST: PUBLIC AGENCY BY: BY: ITS: Palm Beach County Fifteenth Jndicial Circuit Community Service Program Agency Application Name of Agency:. (This must be the full legal name of the Agency as it appears on its organizing instrmncnt) (hereinafter "Agency';) Street Address: Telep. hone:(~ ) Statement of purp. ose: Mailing address: (if different) Contact Person: When available: Title: or or (Please state thc Agency's purpose) I HEREBY CERTIFY THAT TI:IE AGENCY IS (CHECK ONE): 1-1 1. the United of America, or an agency or instrumentality thereof, or the State of Florida, any agency or political subdivision thereof} or rn 2. An organization created by (I) the Constitution of the United States or of the State of Florida, or the charter or other organizing instrument of any political subdivision or instrumentality as applicable of either, or (II) an Act of Congress, the Florida Legislature the legislative body of any political subdivision or instrumentality of either; or 121 3. An organization described in the Section 501© (3), Internal Revenue Code of 1986 (as amended). If the Agency enjoys 501© (3) status, please attach a copy of the most recent favorable determination letter issued by the Internal Revenne Service. Upon execution of this document, the Agency certifies that the favorable determination has not been revoked and that no event has occurred ~vhich could cause a revocation of said determination. Please list a briefdescripfion of services needed: Please list the day of the week and times community service workers can best be utilized by your agency: Weekdays:. Hours: Weekends: Hours: · Sir, ce.many of our community service workers are employed, could evening and/or weekend days and times be arranged? Yes, if pre-arranged. Absolutely not: Will your agency be in need of community service workers on a continual referral basis, or primarily for specific projects as they may arise? MI2qI~UM AGE ACCEPTED: General Comments:. Return to: lSth Judicial Circuit Community Service Program 205 North Dixie ltighway, Snite 2.2400 West Palm Beach, Florida 33401 By: Signature Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this the 199 by. produced ~day of · ,,','ho is personally known to me or who has as identification and who did/did not take an oath. (Signature of person taking acknowledgment) (Name of Officer taking acknowledgment) (Title or rank) (Serial number, if any) TIlE ABOVE MUST BE NOTARIZED PALM BEACH COUNTY COURT COMMUNITY SERVIE Page Agency Name: Agency Address: City, State, Zip Code: Telephod~ ( ). Contact Person (s):_ Agency Purpose: Assignment Authorization: D Required Minimum Age Accepted: Hours Community Service Work Needed: Hours: Not Required Weekdays:. Hours: Description of Services Needed: Weekends: Restrictions and/or Comments: CITY OF OELRLqril BEI:I£H CiTY ATTORFIEY'S OFFICE DELBAY BEACH 1993 DATE: July 17, 2000 TO: City Commission 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE $61/243-7090 · FACSIMILE $61/278-4755 w~ter's Di~t Line: 561/243-7091 MEMORANDUM ~David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: IRA Amendments to Deferred Compensation Plan The ICMA Retirement Corporation through ICMA-RC Services is offering to administer its Vantagepoint IRA program in addition to the deferred compensation plan. This plan offers Roth IRAs to employees meeting eligibility requirements. Joe Safford has stated, "There is no cost to the City. The City would simply provide payroll deduction and transfer into the employee's account, with no additional cost to the payroll system". Please place this resolution on the City Commission agenda of August 1, 2000. If you ha~e ~any questions, please call me or Milena Walinski, Assistant Finance Director. CC: Joe Safford, Finance Director Milena Walinski, Assistant Finance Director Sherry Muehlberg, Administrative Manager Alison MacGregor Harty, City Clerk RESOLUTION NO. $8-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, PROVIDING FOR THE AMENDMENT TO THE RESTATED ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST (PLAN) WHICH WAS ADOPTED BY RESOLUTION 88A-96 AND AMENDING SAID PLAN TO PROVIDE FOR CITY EMPLOYEE PARTICIPATION UNDER THE ICMA VANTAGEPOINT ROTH INDIVIDUAL RETIREMENT ACCOUNT PROGRAM; PROVIDING FOR THE ADOPTION OF THE LEITER AGREEMENT AMENDING THE PLAN; PROVIDING FOR THE INCLUSION OF VANTAGEPOINT ICMA PROGRAM MATERIALS AS ADOPTED AND INCORPORATED IN THE LE'ITER AGREEMENT PERTAINING TO ROTH IRAS; PROVIDING THAT AIJ, OTHER TERMS OF THE PREVIOUSLY RESTATED ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST NOT IN EXPRESS CONFLICT WITH THE ICMA VANTAGEPOINT PAYROLL ROTH INDMDUAL RETIREMENT ACCOUNTS PROGRAM SHAI,T, REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has previously established and currently maintains a deferred compensation plan for certain of it's employees which is administered by the International City/County Management Association (ICMA) Retirement Corporation; and WHEREAs, by adopting Resolution No. 88A-96, the City adopted the restated ICMA Retirement Corporation Deferred Compensation Plan and Trust (Plan); and WHEREAS, the City desires to amend the restated plan in order to also participate in the Vantagepoint Payroll Roth Individual Retirement Account (Roth IRA) Program; and W'HEREAS, the City Commission desires to adopt the Letter Agreement (Exhibit A), the City Commission authorizes the submission of the Vantagepoint Payroll Roth IRA Program Implementation Data Form (Exhibit B), and the incorporation of the Vantagepoint IRA Plan materials (Exhibit C) to the Letter Agreement, as they pertain to Roth IRA plans; and WHEREAS, except as authorized and stated herein, the City by its adoption of this Letter Agreement, Roth IRA Implementation Data Form and Vantagepoint Roth IRA plan materials, does not desire to otherwise modify Resolution No. 88A-96. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That the recitations set forth above are incorporated as if fully set forth herein. Section 2. That the City adopts the Letter Agreement attached hereto as Exhibit A, directs the submission of the Vantagepoint Roth IRA Data Collection Form attached hereto as Exhibit B, and adopts the Vantagepomt IRA Program materials incorporated in Exhibit A and as included in Exhibit C hereto as it pertains to the Roth IRA Plan only. ~ That except as otherwise modified herein, Resolution No. 88A-96 attached hereto as Exhibit D remains in full force and effect ~ That this resolution shall be effective upon adoption. PASSED AND ADOPTED in regn~l,r session on this the 1" day of August, 2000. MAYOR ATFEST: City Clerk~/ - 2 - Res. No. 58-00 July 18, 2000 EXHIBIT A Sherry Muehlberg. Administrative Manager City of Delray Beach ]00 MW 1st Avenue D¢lray Beach, FL 33444 Dear She~Ty Muehlberg. Administrative Manager: This letter agreement will Serve to tm~end the existing Agreement betweea City of Delray Beach ,and the ICMA Retirement Corporation ("RC') to provide for payroll deductlun Ro/h Individual Reth'cment Accounts ("Roth IR.4 Accountholders".) IR. As") for Employer's employees ("Roth The cxisthlg Agreement between Employer and RI'? is hereby ~'nended as lbllows: 1. Employer desires to a/Iow Roth IR.As for its employees to be administered by RC. Employer agrees to send cheeks or wire the assets to RC for Roth IRA accounth~lders. The details of the submission ol'Roth IR.A contributioas Shall be as mutually agreed between Employer and RC, but in general shall be as set Ibrth in the IRA program materials t[~ they perta/n to Roth IRA's, developed by RC and provided to Employer. Abscnt an explicit provision tt) thc contrary, aCCOunt fees and expenscs payable by Roth IRA Accountholders sh~l be as set lbrlh ia tile IRA program materials, aS it pertains to Roth IRAs. 3. Each Roth IRA Accounthnldcr will receive a uonsolidalcd quarterly statement providing intbrmation for any deferred Compensation plmL qualified plan or Roth IRA maintained by each Roth IRA Accountholder and admlnistcred by RC. 4. RC will pruvide tax withholding and repm~dng tbr each Roth IRA account administered by RC. Unless RC and Employer agree otherwise, the details ofRC's adminlstrathm of thc Ruth IRA progrmn, as well as other features of the Roth IRA program, shall be ns scl Ibrth in RC's IRA program material, as it pertains to the Roth IR.As. The Roth IRA program materials, as tb_/s perlains to the Roth IR_a~s only are hexcby incorporated by rcference and made u part ofthis Agreement, except that Employer and RTC roay from time to time mutually agree in writing to tenns that vary from thc Roth IKA program materials. To assure Rolh IRA Accountholders o£confidcntiality, RC will only provide Employers wi'ah such account it payroll dcductinn .~ubmiltals ; Is necessary tt~ reconcilc Employer's iCMA RETIREMENT CORPORATION It is agreed thai RC will not be responsible for ensuring that annual Roth IRA contributions by each IRA Accountholder are withh~ applicable eamual contribution limits, and that tiffs will bc the responsibility of the R.th IRA Accoantho}der. It is understood that the year in which the payroll deduction occurs shall constitute the tax year in which the contrihuticm is considered to bc made to thc Roth IRA AccouathoJdcr's IRA. If City of Dclray Beach finds ~hcsc terms agreeable, please so indicate by having the appropriate person sign and date this letter agreement in the space indicated below. Very truly Paul Gallagher Corporate Secretary Agreed: Signature of Authorized Official Date ' ,Van.tagepoin.t Payroll Roth IRA Program wmplementat:on Data Form Insln~c~°ns to Empl°yer. Provida necasaa~y informafion t= establish yo.r payroll IRA program. Please contact Employer Se~ices at I-8G0-328-7272. if you have any queslJons. Gen~ll 2. Employer's Full Name: 3. Street Address: EXHIBIT B ICM& RETIREMENT CORPORATION 1. Employer Nurnbe~.__ ~ 4. City:. ~ State: Zip Code:_ 5. Primary Contact · Name.~ 6. Primary Contact Title:~ 7. Primary Contact Telephone#: (~ ! _ 8. Fax~., !. 9. Employer's Federal Tax Identification Number:.. ENGINE CO. New O~nit~es With [RAs New Opportunities with [RAs Introduction An Individual Retirement Ac- count (IP~) is one of the best ways for individuals to save for retirement. IRAs are a good deal because earnings are either tax-deferred or tax-free, which could mean more money for you in reth'ement. They also offer flexible ways to pay for today's expenses. Depending on your retirement planning needs, owning an IRA may be an important component of your overall retirement savings portfolio. Enjoying a comfortable retire- ment will require drawing upon a variety of retirement Income sources. Your deferred compen- sation, defined contribution, or defined benefit pension plan will provide only part of the in- come you'll need at retirement. The two other components are Social Security (which does not cover all public sector employ- ees) and your personal savings - including IRAs. By opening a-,i~nragepoillt Traditional I~ or Vantagepoint Roth IP, A, you c~..n add an important compo, nent to your retirement income soul'ces and benefit from ~ convenience of ha~lg yin2: :~firemen[ sav- ings plans wi'~ the ICMA Re- tirement Co~oration. Yotl will also benefit from a broad selec- tion of Vanta=cepoint Funds and low expenses .-tou've come to expect from t~e tCMA Re lire- ment Corporaffon. This brochure ~,'es you Ihe basic mformc-don you need to get started - EowVantagel)oint IBAs c~ help ?~ money grow t~-defe~ed er ~x-~ee, I I~e ~erent ~ ot~tagel)oint I~ av~able. ~d how to dete~e ~%ntagel)oint I~ ~ fi~t for ~u. Or,ce you've le~ ~out the hen- efi~ of~, ~u'~ be prepared to t~e ~e n~ ~ep and Open a V~tagepoMr ~. ICMA .~e~-'mment Coq.)ration What Is An IRA? What [s An IRA? An r. RA is a speda! tax-advantaged account that allows you to build savings ~or your retirement. Oepend- ing on the ~e off. you choose,~, you can save on tax~ ~day on ~our cont~bu~on~ or receive t~- ~ee ~thdrawob when ~ou are read~ to take,our mone~ ouL The Power Of Tax-Oeferred ~omP~unding After-tax vs. Tax-deferred $200,000 Additional information about IRAs can be found in the Vantagepoint IRA Custodial Account Agreements and Disclosure Statements. 150,000 $165,211 100,000 $104,002 50,000 10 Years 15 Years 20 Years 25 Years 30 Years After-tax ITax-deferred This illustration shows the growth of a $2,000 annual contribution to an IRA. It assumes a 31 percent tax bracket and an annual return of 8%, compounded monthly. VantagepolntIRA Understanding Your IRA Options Both Traditional and Roth/RAs allow you to avoid [~y- Jng taxes on any earnings while they remain in the IRA. Understanding Your IRA Options There are many dfsffn~'ons between the Roth and the Tradiffonal IRA. It is important to understand the options available to you before opening a Traditional or Roth IRA. Both Traditional and Roth IRAs allow you to avoid paying taxes on any earnings while they re- main in the IRA. However, the Roth IRA and the Traditional IRA differ significantly in tax treatment of contributions and distributions. These distinctions are described in the following sections. ':~:: o make me maximum ' contribution of $2,0~.,~ '(01~our annual earned i~q~'~'iess), your Modified Adju~c~i: 'Gross Income (MAGI) muSi I~e at or ~:~ :~,!ow $150 000 for joint filers · ~ %~d $95,000 for single filers. Cdntn'button mounts gradu- bore $2,000, $4,000. No contributions can be made to a Roth IRA if your MAGI is $160,000 or greater for joint fil- ers, or $110,000 for single filers. If you own both a Traditional IRA and a Roth IRA, you may make a maximum annual con- tribution of $2,000 to either. Your combined contributions to both, however, cannot ex- ceed $2,000 annually. Find your filing status and in- come in the chart on page 4 to determine your eligibility to make a Roth contribution. ICMA Retirement Corporation 3 Roth IRA Features How Much Can FiUng Status Single Married/Joint Married/Separate ! Contribute to a iRA? Adjusted Modified Gross income (MAGI) Up to $95,000 $95,001 - $110,000 Over $110,000 Up to $150,000 $150,001 - $160,000 Over $160,000 Up to $10,000 Over $10,000 AUowable Contribution to Roth IRA FuU amount Contribution is --=duced by $!33 for every $1,0DC over $95,000 No contribution allowed Full amount Contribution is reduced by $200 for every $1,OO0 over $150,O00 No contribution -=[[owed Contribution ~s reduced by $200 for every $1,OO0 of income No contributio~ .=/lowed Converting to a Roth IRA In addition to making regubt conUibufions to a Roth IRA, other method of funding a I~,h IRA is a conversion. You can t, ,r~- vert either a Traditional IRA t# Retirement Plan Roilover duit) IRA to a Roth IRA. You can convert your Tmdit~#lal/ Roilover IRA into a Roth IRA )t · Your adjusted gross incomt, i~ $100,000 or less; and · You're willing to paytaxes the converted mount. There are other factors to col~ sider as well, including how ltmg you expect to leave your assel~ in the Roth IRA, your current expected future tax brackets, whether you can afford to pa V Ihe taxes on converted assets. You will be required to inch, h, the full mount of your conversion in Lacome in the tax year in which )~)u converL ffyou Iiod that conv~ting all of your isting ]RA as~'~ to a Roth presents too la..'ge a tax burden, cm~sider conve-n~ngiust the pur- lion which resuks in a manage- able tax payment. You may con- yeti additiorta] portions in later yevrs. Nole: Il'you ~e~ TO convert your Retircn rant Pi~ Roilover IRA to the Iluth IR.&. 3'au x~511 forfeit the right Io roll you: assets back into a Iletirement P~.n Roilover IRA or to another emptm.'er-sponsored plan. li} assist you in deciding ifa con- version is righi/or you, dsit our Web site at x~',vJcmarc.org and click on theVz.atagepoint IRA Analyst. Before deciding to con- vet! your assets to a Roth IRA, you sbould oo:~alt with your tax or financial ad',iser. Vantagepoint IRA Roth IRA Features One of the important features of Roth IRAs is that they al- low owners the flexibility to use assets for todays expenses. Withdrawal of Conversion of $10,000 to help you, your Assets ~ spouse, or any children or Withdrawals of taxable convened amounts within five years of the ~year of conversion may be sub- ';~ject to a 10 percent penalty tax, A distribution of converted assets after the end of the five-year pe- grandchildren of you or your spouse pay for a qualified first ~home purchase. Besides being ~fi'ee from penalt% this wit~: drawal will also be free from federal income taxes, provided riod~is not taxable nor is it subject , your Roth IRAhas'been held at toaI0percentpenalty. ~., '~' leas~fiveye_ars~i7 PenaLty-Free Early · Hajor medical e.'q~enses- Withdrawals ~?t*' ': Distributions used for .One of the. important featun~ ~Y ~-' ~-:- uureimbursed m~c~ ~x- Roth IRAs is that they allow Owfi::~ i ~,i!; penses that exceed 7.5 percent ers the flem*bility to use assets foi?*~7 ~:~ of the n~ holder's adfnsted today's expenses. Roth IRA gross income (AGI). ers can withdraw both contrib~2~~:~ lions and earnings (earnings may be subject to taxes) at anytime prior to age 59 1/2- w/thoutpay:~. ing the I0 percem early with: drawa] penalty on distributions taken for the following masons: ~,% · Qualified higher education · --;~.~expenses -You can take pen- your Roth IRA to help pay ~Clualified higher educatidn ex- ~ ~..penses ~or you, your spouse, _ or any children or grandchll- .. <~-~gren of you or your spO~e. .-:~ ~hi~ amount is limited to any tm~on, fees, books, supplies, · Payment of health insurance premiums by certain unem- .../ptoyed tndMduals · The death of~e IRA owner Your benefi~ will receive federal free fi.om penalty, this with- drawal will also be flee fi.om federal income taxes, pro- vided you have held the ac- count at least five years. · Substantially equal periodic payments over your life ex- pectancy · T~ansfer of I~ as.~ts under a divorc · Under equip~"~oj~,other eligible ex- penses ~ 3i~ a qualified post-sec~educatlonal . institution~fO~' ~'t~able year. · (lualffied first:time home ; ' purch~ -' Ovej~ y0ur lifetime, -ity you ~'~vith(~? tip t0ra~tal tal impairment. 1 existence for at least five tax- ~' able years. Roth IRAs included in your estate nmy be subject to federal estate tax and/or state transfer taxes. In any case, the death distribution ring will be flee'fi.om penalty. Con- possible after ag sult your tax or fmandal ad- sult in addition/d ,riser for further details, may substanti _~ s - retiremem savings. · ~sabili~-Youwillrecei{,e' ~ Roth IRA earm'_' gs flee fr~' .... ~ partidpate in any gainful activ- :%. Traditional IRA Features Traditional IRA Features The Traditional IRA, unlike the Roth IRA, offers investors the abili~, to make contributions that may be path'ally or fully deduct- ible on their income tax returns. This benefit, along with tax- deferred earnings growth until withdrawal, may make the Traditional IRA an attractive savings tool for some public sector employees. contributions you pay taxes only on earnings when you make withdrawals. Whether you can make deduct- ible or non-deductible contribu- tions to a Traditional IRA de- pends on two factors: whether you're covered by an employer- sponsored retirement plan and your modified adjusted gross income (MAGI). Contributions The Traditional IRA allows you to make annual contributions of up to the lesser of 100 percent of earned income or $2,000 a year (or $4,000 for you and your spouse). Contributions can con- tinue up to the year you reach age 70 1/2. (For example, if you reach age 70 prior to luly 1 of a given year, you cannot make a contribution for that year, be- cause you will reach 70 1/2 in that year.) Deductible Contributions When you make deductible con- tributions to a Traditional IRA, you make contributions to your account from your current earn- ings. You can deduct your con- tributions when you file your tax return. To be eligible for a de- ductible contribution to a Tradi- tional IRA you must: · Not have reached age 70 1/2 in the current year or a prior year and either With the Traditional IRA you have the option of making either deductible or nondeductible contributions. When you make tax-deductible contributions to a Traditional IRA you pay taxes on contributions and earnings when you make withdrawals. When you make nondeductible Not be covered by an employer-sponsored retirement plan, or Have MAGI that is below limits estab- lished by federal law if you are an active participant in an employer-sponsored retirement plan. Vantagepoint IRA Traditional IRA Features Withdrawals after age 70 !/2 must be taken at [east annuaUy. Maximum Income Limits For Deductible Contributions Single Rters 30int Filers Full deductib~ity Parffa/deduct~ilRy Full deduc~'bilit~ Partialdeducffbilit~ under up to under up to [998 $30,000 $40,000 $50,000 $60,000 lggg S31,000 $41,000 $51,000 $61,000 2000 $32,000 $42,000 $52,000 $62,000 2001 $33,000 $43,000 $53,000 $63,000 2002 $34,000 $44,000 $54,000 $64,000 2003 $40,000 $50,000 $60,000 $70,000 2004 $45,000 $55,000 $65,000 $75,000 2005 $50,000 $60,000 $70,000 $80,000 2006 $50,000 $60,000 $75,000 $85,000 2007 $50,000 $60,000 $80,000 $100,000 Non-Deductible Contdbufions Public sector employees may find non-deductible contribu- tions to a Traditional IRA an at- tractive option. To be eligible to make non-deductible contribu- tions you must have earned in- come and be younger than 70 1/2. There is no maximum MAGI limit for making non-de- ductible contributions, regard- less of participation in an em- ployer-sponsored plan. Check with the IRS or your tax adviser for more information on deducfibility of contributions. Note: It is the responsibility of the IRA owner to track deduct- ible and non-deductible contri- butions. Please see IRS Form 8606, which is used to deter- mine taxability of distributions. Withdrawals Assets in your Traditional IRA account can be withdrawn with- out penalty after age 59 1/2, and you must begin to withdraw money from your account no later than April 1 of the year fol- lowing the year in which you turn age 70 1/2. Traditional IRAs allow you to withdraw before age 59 1/2 without paying an early with- drawal penalty if the funds are used to pay: · medical expenses over 7.5 pement of your AGI · health insurance premiums (for certain unemployed indi- viduals only) · first home purchase ($10,000 lifetime maximum as defined by the Internal Revenue Code) · higher education expenses · substantially equal peri- odic payments over your life expectancy · your beneficiaries in the event of your death · ffyou are disabled · transfer of IRA assets under a divorce decree · under an IRS levy on your IRA account (after 12/31/1999). Please see the Roth discus- sion earlier for more infor- marion on these exceptions. Keep in mind that the with- drawal of earnings and de- ductible contributions from a Traditional IRA will still be subject to regular income tax. Withdrawals after age 70 1/2 must be taken at least armu- ally. Consult your tax adviser to discuss your particular cir- cumstances. You must pay income tax at your then-cur- rent rate on any tax-deduct- ible contributions you made earlier and on all accumu- lated earnings that are in- cluded in your distribution. Your contributions and earn- ings are withdrawn on a pm- rated basis. Your non-deduct- ible contributions are not taxed again when withdrawn from your IRA. You will owe tax only on any accumulated earnings included in your distribution. KMA Retirement Corporation 7 Traditional IRA Features Comparing Traditional & Roth IRAs Roth IRA Traditional iRA Key tax advantage Tax-free growth potential Contributions may be tax deductible Maximum annual. contribution $2,000 or earned income $2,000 or earned income E[igibili~ No age requirement but an individual must have MAG! within the allowable guidelines. Anyone with earned income from wages or sala~ under the age of 70 1/2 (on December 31 of the year) can open a Traditional !RA. (Details on eligibility for making deductible contributions can be found on page 6.) Earnings grow tax-deferred Yes Yes Earnings taxed upon withdrawal No, if held five years, and you are 59 1/2 or older, or if other rules are met Yes Contributions taxed upon withdrawal No Yes, if dedu~ble Dedu~bte contdbufions No Yes (see page 6) Penatty-fTee withdrawa~ Yes, if you are age 5g 1/2 or order. Other exceptions are discussed on pages 5 and 7. Subject to minimum withdrawal requirement after age 70 1/2 No Yes Contributions atUowed after age 70 1/2 Yes No Vantagepoint IRA :// Which Vantagepoint IRA Is Right For Me? The VantagepoJnt IRA Analyst wi[[ lead you through the decision-making process Is Right For He? .for you, tax that you Can $2,000 contdbutfons between bath the Tradiffona! and Roth IR~' Of cour~ :~ ~te~et ske ~t --~.L- -~"- · and ~l/ck on 6ur Vantagepolnt help you through IRA Questionnair~ ff¥ou answer "yes" to the major- ity of the following questions, then you should consider con- tr/budng to a Roth WA, assum- ing your Modified Adjusted ~: lisMng a Traditional IRA: D& you qualify to deduct or part of your annual IRA contdbution? ,Do you th~ 'you~tax zate Gross Income (MAGI) iwa~t ~r ~,,~f-i, ivlll be lower ',~hen'~ou below, tE~ ~ili~y IimJt~, '~ ~ tetLr~ ~'it ~ ~h~ Do ~u ~t ~-~ee accel: ~: ~ d~u~le ~ for to ~ e~ ~er five ~?"~ ~ "': ' ~' - , . . ~ ~. ,. : po~ewho~notp~ ~d a~g age ~. ~Pa~g M ~ emplw~- 59 1/2~ ... . '~ spomored ~bu~er age 701/2 ~ ~ be~ ~l~O,O0~ you have e~ed ~come? - ,~ ~ ~u ~t to leave ~ ~ .~ese ques~om ~'me~t'to ~ money 70 1/27 · Do~u~t tol B~fore.~g any action, consult w{th your tax 6r en ~ should consider estab- ~ Benefits Of Owning A Vantagepoint IRA The Benefits Of OWn" ,_ ng A Vantagepomt IRA / lqhen you men u Van~epqint l~ you hm;e access to CuStomer Services representaffve~'who understand the ret~rement planning · needs of pubhc sector employees. _,' You also benefit fionr " · ,£onventenc~ - Openin~rour ,~,~antag&P~int IRA whet& you "keepTVour deferred com-pen- satioh'b~defi~ed contribu- tion plan savings makes it easy to manage and track your accounts. · A corporation you can trust- Vantagepoint IRAs are offered by ICMA-RC Services, an affiliate of the ICMA Retirement Corporation. As the leader in providing retirement plans to public sector employees for more than 25 years, we understand the special retirement savings needs you have as a public sector employee! Vantagepoint Funds -When you open a Vantagepoint IRA, you have access to many of the sameVantagepoint funds that you invest in to build your deferred compensation or defined contribution retirement plan savings. In addition, you should note that the Vantagepoint Funds are available exclusively through ICMA-RC Services. Low fees -We work to keep your costs low. We charge a $25 annual account mainte- nance fee (and no more than $50 for multiple IRAs) for each type of Vantagepoint IRA that you open. You have the option of making a separate annual fee payment or having the fee deducted from your IRA. We will waive this fee fi: · Your totalVantagepoint IRA assets exceed $25,000; · Your total assets invested with the ICMA Retirement Corporafon and its affill. ated companies exceed $50,0000; · Your household's total assets with us exceed $100,000. (See the Disclosure State- ment for details.) Please note that the initial minimum contribution for either aVantagepoint Tradi- tional or Roth IRA is $500. The minimum for subse- quent contributions is just $100. Vantagepoint IRA Act Today Yantagepoint IRA investors have the opt on of" signing up for our Automatic Investment Program Act Today Our Vantagepoint IRA is easy to open. Sust follow these steps: Step 1: Determine what IRA type(s} is(are) right for you. If you need additional informa- tion to help you determine which IRA is right for you, visit our Intemet site at www. icmarc.org and click on ~ur Vantagepoint IRA Analyst. Step 2: Gomplete the appropri- ate form(s). To help grade you m opening an IRA, please see Easy Steps to Establishing Your Vantagepoint /PA. This document identifies which forms you'll need to . . complete. ... ~-~:? -,i-~ Step 3: Read appropriate state;7 ments ..... -:.. :~, Be sure you read the Custodial Account Agreement and Disclo- sure Statement for the IRA types you choose as well as the Vantagepoint Funds Prospectus. The Custodial Account Agree- ment and the Disclosure State- ment contain more detailed in- formation on Vantagepoint IR/ks. The prospectus includes more information about Vamagepoint Funds including risks, charges and expenses. Be sure to read it carefully before you invest or send money. Step 4: If you are sending a check (the initial minimum con- tribudon is $500) for your Vantagepoint IRA contribution, make it payable to Vantagepoint Transfer Agents. Vantagepoint Ilia investors have the option of signing up for our Automatic Investment Program (AIP). With AIR you can take advantage of dollar cost averaging by contributing at least $100 on a monthly or quarterly basis directly from your bank account to your Vantagepoint IRA. No initial n-ammum contribution is required to open an IRA through AIE Step 5: Mail forms and check, if applicable, in the enclosed en- velope or mail your own enve- lope to: Vantagepoint Transfer Agents, RO. Box 17010, Bahi- more, MD 21297-1010. When we open your new Vantagepoint IRA, we will send you a confirmation and regular quarterly statements. ICMA Ret~rernent Corporation 11 ~dditionat Information Additional Information If you would like more informa- tion, or are interested in opening aVantagepoint IRA, call an ICMA Retirement Corporation Customer Services representative at 1-800-669-7400 during busi- ness hours. Additional informa- tion, including ourVantagepoint IRA Analyst, is also available on VantageLink, our Internet site, at ~v~:icmarc.org. At the ICMA Re~ement Co~o- ration, we are committed to meeting the retirement needs of public employees. Let us help you discover one of the best ways to save for retirement by opening aVantagepoint IRA. The Internal Revenue Service also offers information on IRAs. Contact the IRS and request Internal Revenue Service Publi- cation 590, Individual Retirement Arrangements aRAs), by calling the IRS Forms Distribution Center at 1-800-TAX-FORM, or through the Intemet at www. irs.treas.gov. Vantagepolnt IR~ ENGINE CO. EXHIBIT D RESOLUTION NO. 88A-96 A RESOLUTION OF THE CITH COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE RESTATED PLAN AND TRUST DOCUMENT FOR THE ICMA RETIREMENT CORPORATION SECTION 457 DEFERRED COMPENSATION PLAN; PROVIDING THAT THE ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN PARTICIPANTS AND THEIR BENEFICIARIES; PROVIDING THAT THE PLAN WILL NOT PERMIT LOANS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has previously established. and maintains a deferred compensation plan for certain of its employees which is administered by the ICMA Retirement Corporation; and WHEREAS, the City's deferred compensation plan benefits the City and its employees by providing reasonable retirement security for employees and increased flexibility in the City's personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, amendments to the U.S. Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City hereby adopts the restated ICMA Retirement Corporation Deferred Compensation Plan and Trust (the "Plan"), attached hereto and made a part hereof as Appendix "A". Section 2. That the assets of the Plan shall be held in trust, with the City serving as Trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The City hereby agrees to serve as trustee under the Plan. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. Section 3. That the Plan will not permit loans to participants. December, PASSED A/TD ADOPTED in special session on this the 1996. ATTEST: ' City C~rk ; 17th day of This deferred compensation plan has been submitted to the Internal Revenue Service by a public employer for a Private Letter Ruling. The IRS has not yet issued a Ruling on the plan and may require changes in this document prior to issuing a Ruling. If changes are required in the document, you will be notified of the changes. 457 Deferred Compensation Novembe DEFER. II. ED COMPENSATION PLAN & TR. UST ARTICLE I. PURPOSE The Employer hereby establishes the Employer's De- ferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal R. ev- enue Code of 1986, as amended (the "Code"). This Plan shall be an agreement solely between the Employer and participating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusive benefit of eligible Employ- ees and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposed other than the exclu- sive benefit of Participants and their Beneficiaries. ARTICLE II. DEFINITIONS 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensa- tion. 2.02 Accounting Date: Each business day that the New York Stock Exchange is open for trading, as provided in Section 6.06 for valuing the Trust's assets. 2.03 Administrator: The person or persons named to carry out certain nondiscretionary administrative func- tions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Employer shall name another person or per~ons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Beneficiary: The person or persons designated by the Participant in his Joinder Agreement who shall receive any benefits payable hereunder in theevent of,-~., the Participant's death. In the event that the Pamc~p~<~. names two or more Beneficiaries, each Beneficia~ ~h~ be entitled to equal shares of the benefits p~yable ~t Participant's death, unless otherwise provided in the Partlcipant's Joinder Agreement. If no beneficia~ ~s designated in the Joinder Agreement, if the Desi~ated Benefioa~ predeceases the Pamopant, or ff the des~g-.~ hated Beneficia~ does not su~ive the P~rticipant for period of fifteen (15) days, then the estate of the ticipant shall be the Beneficial. 2.05 Deferred Compensation: The amount of No~al Compensgt~on othe~e pgyable to the Parncipant . . . which the Partxc~pant ~nd the Employer mutuflly to defer hereunder ~ny ~mount credited to · P~rticipant's Account by reason of a transfer under section 6.09, or :ny other amount which the Employer~ agrees to credit to ·Particip:nt's Account. 2.06 Employee: Any individual who provides semites for the ~mployer whether ~s ~n employee of the Employer or ~s ~n independent contractor, ~nd who been designated by the Employer ~s ehg~ble to paine,- pate in the Plan. 2.07 Includible Compensation: The amount of an Employee's compensation from the Employer for a t~x~ble year that is ~ttributable to services peffo~ed fo~ the Employer :nd that is includible in the Employee's gross income for the taxable year for feder~l income t~x purposes; such term does not include ~ny amount excludable from gross income under this Phn or ~ny other plan described in Section 457(b) of the Cod~ or any other amount excludable from gross income for federal income t~x purposes. Includible Compensation shall be determined without regard to ~ny communiW proper~ hws ...... 2.08 Joind~r ~gr~m*n~: ~n agre~men~ ~n~r~d into - between an Employee and the ~mployer, including amendmen~ or modification~ ~hereof. Such agr~men~ ~hall fix ~he amount of D*f~d Comp~n*ation, a preference among the investment akernative~ ~ig- n~ted by the Employer, designee the Employee's Beneficia~ or Beneficiaries, ~nd inco~orate the conditions, and provisions of the Plan by reference. 2,09 Normal Compensation: The amount of compensa- tion which would be payable to a Participant by the Employer for a taxable year if no Joinder Agreement were in effeci to defer compensation under this Plan. 2.10 Normal P. etirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal P,.etirement Age by written instrument delivered to the Administra- tor prior to Separation .from Service. A Participant's Normal P, etirement Age determines the period during which a Participant ma~/utilize the catch-up limitation of Section 5.02 hereunder. Once a Participant has to any extent utilized the catch-up limitation of Section 5.02, his Normal g. etirement Age may not be changed. A Participant's alternate Normal P, etirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retire- ment plan covering the Participant and may not be later than the date the Participant will attain age 70-1/2. Ifa Participant continues employment after attaining age 70-1/2, not having previously elected alternate Normal l~etirement Age, the Participant's alternate Normal P~etirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or the age at which the Participant actually separates from service if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan main- tained by the Employer, the Participant's alternate Normal R. etirement Age may not be earlier than age 5:3 and may not be later than age 70-1/2. 2.11 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article IV. to have actually terminated. In the case ora Participant who is an independent contractor of the Employer, Separation from Service shall be deemed to have oc- curred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the Participant's services, and is not antici- pated that the Participant will become an Employee of the Employer. 2.15 Trust: The Trust created under Article VI of the Plan which shall consist of all compensation deferred under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. ARTICLE III. ADMINISTRATION 3.01 Duties of the Employer: The Employer shall have the authority to make all discretionary decisions affect- ing the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maximum deference permitted by applicable law. 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. ARTICLE IV. PARTICIPATION IN THE PLAN 2.12 Plan Year: The calendar year. 2.13 R. etirement: The first date upon which both of the following shall have occurred with respect to a partici- pant: Separation from Service and attainment of age 65. 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned. 2.14 Separation From Service: Severance of the Participant's employment with the Employer which constitutes a "separation from service" within the meaning of Section 402(d){4)(A)(iii) of the Code. In general, a Participant shall be deemed to have severed his employment with the Employer for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of compensation not yet earned which is to be der'erred (including the reduction of such future de£e.-"rals to zero) or to change his investment preference (subject to such restrictions as may result from the nature of terms of any investment made by the ployer). Such amendment shall become effective as of Three 1996 the beginning of the calendar month commencing after the date the amendment is executed. A Participant may at any time amend his Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. ARTICLE V. LIMITATIONS ON DEFERRALS 5.01 Normal Limitation: Except as provided in section 5.02, the maximum amount of Deferred Compensation for any Participant for any taxable year shall not exceed the lesser of $7,500.00, as adjusted for the cost-of-living in accordance with Code section 457(e)(15) for taxable years beginning after December 31, 1996 (the "dollar limitation"), or 33-1/3 percent of the Participant's Includible Compensation for the taxable year. This limitation will ordinarily be equivalent to the lesser of the dollar limitation in effect for the taxable year or 25 percent of the Participant's Normal Compensation. 5.02 Catch-Up Limitation: For each of the last three (3) taxable years ora Participant ending before his attain- ment of Normal R. etirement Age, the maximum amount of Deferred Compensation shall be the lesser of: (1) $15,000 or (2) the sum of(i) the Normal Limitation for the taxable year, and (ii) the Normal Limitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A prior taxable year shall he taken into account under the preceding sentence only if (i) the Participant was eli- gible to participate in the Plan for such year (or in any other eligible deferred compensation plan established under Section 457 of the Code which is properly taken into account pursuant to regulations under section 457), and (ii) compensation (if any) deferred under the Plan (or such other plan) was subject to the deferral limita- tions set forth in Section 5.01 5.03 Other Plans: The amount excludable from a Participant's gross income under this Plan or any other eligible deferred compensation plan under section 457 of the Code shall not exceed $7,500.00 (or such greater amount allowed under Sections 5.01 or 5.02 of the Plan), less any amount excluded from gross income under section 403(b), 402(a)(8), or 402(h)(l)(B) of the Code, or any amount with respect to which a deduction is allowable by reason of a contribution to an organiza- tion described in section 501(c)(18) of the Code. ARTICLE VI. TRUST AND INVESTMENT OF ACCOUNTS 6.01 Investment of Deferred Compensation: A Trust is ~::- hereby created to hold all thc assets of the Plan for th~ exclusive benefit of Participants and Beneficiaries, ~",.' except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person which agrees to act. ;. in that capacity hereunder. 6.02 Investment Powers: The trustee or the Plan Ad- '~ ministrator, acting as agent for the trustee,.shall have ,~. the powers listed in this Section with respect to ' merit of Trust assets, except to the extent that the · investment of Trust assets is directed by Participants,- pursuant to Section 6.05. ~ :~ ~ '''~'' · .. v (a) To invest and reinvest the Trust wzthout tinction between principal and income iii ~ny form~~-~ of tangible or intangible property, real, personal, Or'~''' mixed, and wherever situated, including, but not by way of limitation, common or preferred stocks, -: shares of regulated investment companies and otherl mutual funds, bonds, loans, notes, debentures, · :-~ ' mortgages, certificates of deposit, interest, or par- ~"~.f"' ticipation, equipment trust certificates, commercial ' paper including but not limited to participation in · pooled commercial paper accounts, contracts with insurance companies including but not limited to "_ insurance, individual or group annuity, deposit .,- administration, and guaranteed interest contracts, - deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit, and other forms of securities or investments of any kind, class, or - '. character whatsoever and representing interests in any form of enterprise, wherever it may be located, organized or operated within or without the United States of America, whether sucl{ investments are income producing or not, without being limited in any respect by statute or court rule or decision of any jurisdiction now or hereafter in force purport- ing to limit or otherwise affect such investments. Assets of the Trust may be invested in securities or new ventures that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period 6f time. I C M A [~ £TIR.£ MEN T CO~ PO l~ AT ION (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to Em- ployee plans described under sections 457 or 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plan, the declaration of trust of such common, co'llective, or commingled trust fund shall constitute a part of this Plan. (c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit ' administration or guaranteed interest contract issued by an insurance company or other financial institu- tion on a commingled or collective basis with the assets of any other 457 plan or trust qualified under section 401(a) of the Code or any other plan scribed in section 401(a)(24) of the Code, and such contract may be held or issued in the name of the Plan Administrator, or such custodian as the Plan Administrator may appoint, as agent and nominee for the Employer. During the period that an invest- ment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) To purchase part interests in real property or in mortgages on real property, wherever such real property may be situated, and to delegate to a property manager or the holder or holders ora majority interest in such real property or mortgage on real property the management and operation of any part interest in such real property or mortgages. (e) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (0 To retain, manage, operate, administer, divide, subdivide, partition, mortgage, pledge, improve, alter, demolish, remodel, repair, and develop in any manner any property, or any part of or partial interest in any property, real or personal, held in the Trust, to lease such property for any period of time, and to grant options to sell, exchange, lease, or otherwise dispose of any such property, without regard to restrictions applicable to fiduciaries or others and without the approval of any court. (g) To sell for cash or credit, redeem, exchange for other property, convey, transfer, or otherwise dispose of any property held in the Trust in any manner and at any time, by private contract or at public auction or otherwise, and no o}her person shall be bound to see to the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition. (h) To enter into contracts for or to make commit- ments either alone or in company with others to purchase or sell at any future date any property acquired for the Trust. (i) To vote or to refrain from voting any stocks, bonds, or other securities held in the Trust, to exercise any other right appurtenant to any securi- ties or other property held in the Trust, to give general or special proxies or powers of attorney with or without power of substitution with respect to such securities and other property, to exercise any conversion privileges, subscription rights, or other options or privileges with respect to such securities and other property and make any payments inciden- tal thereto, and generally to exercise, personally or by general or limited power of attorney, any of the powers of an owner with re'peet to stocks, bonds, securities, or other property held in the Trust at any time. 0) To oppose or to consent to and participate in any organization, reorganization, consolidation, merger, combination, readjustment of finances, or similar arrangement with respect to any corporation, co'mpany, or association, any of the securities of which are held in the Trust, to do any act with reference thereto, including the exercise of options, the making of agreements or subscriptions and the payment of expenses, assessments, or subscriptions that may be deemed necessary or advisable in connection therewith, and to accept, hold, and retain any securities or other property that may be so acquired. (k) To deposit any property held in the Trust with any protective, reorganization, or similar commit- tee. and to delegate discretionary power thereto and to pay and agree to pay part of its expenses and compensation and any assessments levied with respect to any such property so deposited. (I) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Plan Administra- tor, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such invest- ments are part of the Trust. (m) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or fight in favor of or against the Plan, to exercise and enforce any and all rights of foreclosure, bid for property i.n foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. (n) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan. (o) To make, execute, acknoxvledge, and deliver any and all deeds, leases, mortgages, conveyances, .;. contracts, waivers, releases, or other instruments in writing necessary or proper for the accomplishment of any of the foregoing powers. (p) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or" any nominee or agent of the foregoing, including the Plan Administrator, in any bank or banks. (q) To do any and all other acts that may be ~.~. deemed necessary to carry out any of the powers set 4 ' forth herein. "'?~-; 6.03 Taxes and Expenses: All taxes of any and all kinds?'- whatsoever that may be levied or assessed under exisrin~'~ or future laws upon, or in respect to the Trust, or income thereof, and all commissions or acquisitions dispositions of securities and similar expenses of inves~ meat and reinvestment of the Trust, shill be paid the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the ~.:.~. Plan Administrator ~n performance of its duties hereun-:'~f~ der (including but not limited to fees for legal, account-'?~ lng, investment and custodial services) shall also be paid 'i~" from the Trust. '"? 6.04 Payment of Benefits: The payment of benefits from the Trust in accordance with the terms of the Plan '~ may be made by the Plan Administrator, or by any custodian or other person so attthorized by the Em- ployer to make such disbursement. The Plan Adminis- ".3 trator, custodian or other person shall not be liable with ( respect to any distribution of Trust assets made at the direction of the Employer. 6.05 Investment Funds: In accordance with uniform and nondiscriminatory rules established by the Employer and . the Plan Administrator, the Participant may direct his/ her Accounts to be invested in one (1) or more invest- ment funds available under the Plan; provided, how-' ever, that the Participant's investment directions shall not violate any investment restrictions established by the Employer. Neither the Employer, the Administrator, ._ nor any other person shall be liable for any losses incurred by virtue of following such directions or with any reasonable administrative delay in implementing such directions. 6.06 Valuation of Accounts: As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis. The alloca- tion shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total ~fall such Account balances as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Accounts: Participant Loan Accounts shall be invested in accordance with Section 8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the investments or other property obtained by the Employer 'through the investment of the Participant's Deferred Compensation pursuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the EmPloyer to make any particular investment of a Participant's Deferred Com- pensation. Each Participant shall receive periodic reports, not less frequently than annually, showing the then current value of his/her Account. 6.09 Transfers: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan main- tained by another employer and credited to a Participant's Account under the Plan if(l) the Participant has separated from service with that employer and become an Employee of the Em- ployer, and (ii) the other employer's plan provides that such transfer will be made. The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457 of the Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer and the Administra- tor agree to hold such other assets under the Plan. Any such transferred amount shall be treated as a deferral subject to the limitations of Article V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02, an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deferred under this Plan during such taxable year and compensation paid by the transferor em- ployer shall be treated as if it had been paid by the Employer. (b) Outgoing Trans(ers: An amount may be trans- ferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's Accouut under this Plan, if (I) the Participant has separated from service with the Employer and become an employee of the other employer, (ii) the other employer's plan provides that such transfer v,'ill be accepted, and (iii) the Participant and the employers have signed such agreements as are necessary to assure that the Employer's liability to pay benefits to the Partici- pant has been discharged and assumed by the other employer. The Employer may require such docu- mentation from the other plan as it deems necessar~ to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of section 457 of the Code, and to assure that transfers are provided for under such plan. Such transfers shall be made only under such circum- stances as are permitted under section 457 of the Code and the regulations thereunder. 6.10 Employer Liability: In no event shall the Employer's liability to pay benefits to a Participant under this Plan exceed the value of the amounts cred- ited to the Participant'.~ Account; neither the Employer nor the Administrator .~hall be liable for losses arising from depreciatiun or shrinkage in the value of any investments acquired uuder this Plan. ARTICLE VII. BENEFITS (b) One lump-sum payment; 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article VII, the distribution ora Participant's Account shall commence as of April 1 of the calendar year after the Plan Year of the Participant's Retirement, and the distribution of such R~tirement benefits shall be made in accordance with on~ of the payment options de- scribed in Section 7.02. Notwithstanding the foregoing, but subject to the following paragraph of this Section 7.01, the Participant may irrevocably elect within 60 days following Separation from Service to have the distribution of benefits commence on a fixed determin- able date other than that described in the preceding sentence which is at least 61 days after Separation from Service, but not later than April 1 of the year following the year of the Participant's Retirement or attainment of age 70-1/2, whichever is later. Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement of benefits after a separation from service shall operate to defer the distribution of any amount in the Participant's Loan Account in the event ora default of the Participant's loan. (c) Approximately equal monthly, quarterly, semi- annual or annual payments, calculated to continue for a period certain chosen by the Participant. (d) Annual Payments equal to the minimum distri- butions required under Section 401(a)(9) of the Code over the life expectancy of the Participant or over the life expectancies of the Participant and his Beneficiary. (e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer. (t') A split distribution under which payments under options (a), (b), (c) or (e) commence or are made at the same time, as elected by the Participant under Section 7.01, provided that all payments commence (or are made) by the latest benefit commencement date under Section 7.01 and that once a payment is made subsequent payments will be made in substan- tially nonincreasing amounts. Effective on or after January 1, 1997, the Participant may elect to defer the commencement of distribution of benefits to a fixed determinable date later than the date described above, but not later than April 1 of the year following the year of the Participant's retirement or attainment of age 70-1/2, whichever is later, provided (a} such election is made after the 61st day following Separation from Service and before commencement of distributions and (b) the Participant may make only one (1) such election. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly adminis- tration of this provision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. 7.02 Payment Options: As provided in Sections 7.01, 7.04 and 7.05, a Participant or Beneficiary may elect to have value of the Participant's Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limita- tions set fiJrth in Section 7.03. (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant, continuing until his/her Account is exhausted; (g) Any payment option elected by the Participant and agreed to by the Employer and Administrator, . provided that such option must provide for substan- · tially nonincreasing payments for any period after the beuefit commencement date under Section 7.01. A Participant's or Beneficiary's selection ora payment option made after December 31, 1995, under Subsec- tions (a), (c), or (g) above may include the selection of an automatic annual cost-of-living increase. Such increase will be based on the rise in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of the last year in which a cost-of-living in- crease was provided to the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. The first cost- of-living increase will be based on the rise in the CPI-U from the third quarter of 1995 to the third quarter of 1996, and will be applied to amounts paid beginning January 1997. A Participant's or Beneficiary's election of a payment option must be made at least 30 days before the pay- ment of benefits is to commence. Ifa Participant or Beneficiary fails to make a timely election ora payment option, benefits shall be paid monthly under option (c) ': ICMA RETIREMENT COB. POKATION above for a period of five years or such shorter period of time necessary to ensure that the amount of any install- ment is not leas than S1,200 per year, without the inclusion of a cost-of-living increase. 7.03 Limitation on Options: No payment option may be selected by a Participant under subsections 7.02(a) or (c), unless the amount of any installment is not less than $1,200 per year. No p.ayment option may be selected by a Participant or Beneficiary under Sections 7.02, 7.04, or 7.0S unless it satisfies the requirements of Sections 401(a)(9) and 457(d)(2) of the Code, including that payments commencing before the death of the Participant shall satisfy the incidental death benefits requirement under section 457(d)(2)(B)(i)(1). A cost-of- living increase included as part ora payment option selected under Section 7.02 shall not be considered to fail to satisfy the requirement under section that any distribution made over a period of more than year can only be made in substantially nonincreasing amounts. Unless otherwise elected by the Participant (or spouse, in the case of distributions described Section 7.05 below) by the time distributions are required to begin, life expectancies shall be recalculated annually. Such election shall be irrevocable as to the Participant (or spouse) and shall apply to all subsequent ~tears. The life expectancy ora nonspouse Beneficiary may not be recalculated. 7.04 Post-retirement Death Benefits: (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall be payable to the Participant's Benefi- ciary within the 30-day period commencing with the 61st day after the Participant's death, unless the Beneficiary elects payment under a different payo ment option that is available under Section 7.02 within 60 days of the Participant's death. Any different payment optiou elected by a Beneficiary under this section must provide for payments at a rate that is at least as rapid under the payment option that was applicable to the Participant. In no event shall the Employer or Administrator be liable to the Beneficiary ['or the amount of any payment made in the name of the Participant before the Administrator receives proof of death of the Participant. (b) If the designated Beneficiary does not continue to live for the remaining period of payments under the payment option, then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Beneficiary. In the event that the Participant's estate is the Beneficiary, the commuted value of any remaining payments under the payment option shall be paid to the estate in a lump sum. 7.05 Pre-retirement Death Benefits: (a) Should the Participant die before he has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing within the 30-day period commencing on the 91st day after the Participant's death, unless the Beneficiary elects a different fixed or determinable benefit commence- ment date within 90 days of the Participant's death. Such I~enefit commencement date shall be not later than the later of (I) December 31 of the year fol- lowing the year of the Participant's death, or (ii) if the Beneficiary is the Participant's spouse, Decem- ber 31 of the year in which the Participant would have attained age 70-1/2. (b) Unless a Beneficiary elects a different payment option prior to the benefit commencement date, death benefits under this Section shall be paid in approximately equal annual installments over five years, or over such shorter period as may be neces- sary to assure that the amount of any annual install- ment is not less than $3,500. A Beneficiary shall be treated as if he/she were a Participant for purposes of determining the payment options available under Section 7.02, provided, however, that the payment option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Beneficiary, and provided that such period may not exceed (15) years if the Beneficiary is not the Participant's spouse. (c) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Benefi- ciary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 457 Defer:ed GOml~¢ns~tion Plan and T:us~ Docs~menl November 1996 7.06 Unforeseeable Emergencies: ARTICLE VIII. LOANS TO PARTICIPANTS (a) In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his/her Account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant shall be paid only such :mount as the Employer deems necessary to meet the emergency need, but payment shall not be made co the extent that the financial hardship may be relieved through cessation of deferr:fl under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship to the Participant resulting from a sudden unexpected illness, accident, or disability of the Participant or ora dependent (as defined in section 152(a) of the Code) of the Participant, loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable circum- stances arising as a result of events beyond the control of the Participant. The need to send a Participant's child to college or to purchase a new home shall not be considered unforeseeable emer- gencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. 7.07 Transitional P~ule for Pre-1989 Benefit Elections: In the event that, prior to January 1, 1989, a Participant or Beneficiary has commenced receiving benefits under a payment option or has irrevocably elected a payment option or benefit commencement date, then that pay- ment option or election shall remain in effect notwith- standing any other provision of the Plan. 7.08 De Minimis Accounts: Notwithstanding the fore- going provisions of this Article, if the value of a Participant's Account does not exceed $3,500 and (a) no amount has been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.08, the Participant may elect to receive or the Employer may distribute the Participant's entire Account without the consent of the Participant. Such distribution shall be made in a lump sum. 8.01 Availability of Loans to Participants: (a) Effective January 1, 1997, the Employer may elect to make loans available to Participants in this Plan. If the Employer has elected to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. (b) The Employer shall establish written guidelines governing the granting of loans, provided that such guidelines are approved by the Plan Administrator and are not inconsistent with the provisions of this Article, and that loans are made available to all Participants on a reasonably equivalent basis. 8.02 Terms and Conditions of Loans to Participants: Any loan by the Plan to a Participant underSection 8.01 of the Plan shall satisfy the following requirements: (a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis. (b) Interest Kate. Loans must be adequately secured and bear a reasonable interest rate. (c) Loan Limit. No l;articipant loan sh~ll exceed the present value of the Participant's Account. (d) Foreclosure. In the event of default on any installment payment, the outstanding balance of the loan shall be a deemed distribution. In such event, an actual distribution ora plan loan offset amount will not occur until a distributable event occurs in the Plan. (e) P-eduction of Account. Notwithstanding any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan out- standing to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time of death or distribution, but only if thc reduction is used as repayment of the loan. (0 Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outstand- ing balance (principal plus accrued interest) due on any other outstanding loans to the Participant from the Plan and from all other plans of the Employer that are qualified employer plans under section 72(p)(4) of the Code.shall not exceed the least of.' (1) $50,000, redu.ced by the excess (if any) of (a) The highest outstanding balance of loans from the Plan during the one (1) year period ending on thee day before the date on which the loan is made, over (b) The outstanding balance of loans from the Plan on the date on which such loan is made; or (2) One-half of the value of the Participant's interest in all of his/her Accounts under this Plan. (g) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Partici- pant in any calendar year. No loan shall be proved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (determined at the time the loan is made) after the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be sus- pended for up to one (1) year during an authorized leave of absence, if the promissory note so provides, but not beyond the original term permitted under this Subsection (h), with a revised payment schedule (within such term) instituted at the end of such period of suspension. (i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to maturity, without penalty. 0) Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered To the Employer, and shall bear interest at a reasonable rate determined by the Employer. (k) Security. The loan shall be secured by an assignment of the Participant's right, title and interest in and to his/her Account. (1) Assignment or Pledge. For the purposes of paragraphs (0 and (g), assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. (m) Othe.r Terms and Conditions. T. he Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal require- ments, to maintain the qualification of the Plan and Trust under section 457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may fix other terms and conditions of the loan, not inconsistent with the provisions of this Article and section 72(p) of the Code. 8.03 Participant Loan Accounts: (a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be transferred from the Participant's other invest- ment fund(s), described in Section 6.05 of the Plan, to the Participant's Loan Account as of the Account- ing Date immediately preceding the agreed upon date on which the loan is to be made. (b) The assets ora Participant's Loan Account may be invested and reinvested only in promissory notes received by the Plan from the Participant as consid- eration for a loan permitted by Section 8.01 of the Plan or in cash. Uninvested cash balances in a No~ember 199G Participant's Loan Account shall not hear interest. Neither the Employer, the Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) P~epayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot b~ made by payroll deduction, by check, and shall be invested in one (1) or more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Accounting Date after payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan Account. (d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. ARTICLE IX NON-ASSIGNABILITY 9.01 In General: Except as provided in Article VIII and Section 9.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non-assignable and non-transferable. 9.02 Domestic R. elations Orders: (a) Allowance of Transfers: To the extent required under final judgement, decree, or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, or child of the Participant. Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the spouse, former spouse, or child who shall be entitled to make investment selections with respect thereto in the same manner as the Participant; any amount so set aside for a spouse, former spouse, or child shall be paid ouc in a lump sum at the earliest date that benefits may be paid to the Participant, unless the order directs a different time or form of payment. Nothing in this Section shall be construed to autho. rize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457 of the Code. Any Payment made to a person other than the Participant pursuant to this Section shall be reduced by required income tax withholding; the fact that payment is made to a person other than the Participant may not prevent such payment from being includible in the gross income of the Participant for withholding and income tax reporting purposes. (b) R. elease from Lia, bility to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse, former spouse, or child pursuant to paragraph (a) of the Section. No such transfer shall be effectuated unless the Employer or Administrator has been provided with satisfactory evidence that the Em- ployer and the Administrator are released from any further claim by the Participant with respect to such amounts. The Participant shall be deemed to have released the Employer and the Administratgr from any claim with respect to such amounts, in any case in which (i) the Employer or Administrator has been served with legal process or otherwise joined in a proceeding relating to such transfer, (ii) the Partici- pant has been notified of the pendency of such proceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pending for service of process in such action or by mail from the Employer or Administrator to the Participant's last known mailing address, and (iii) the Participant fails to obtain an order 0fthe court in the proceed- ing relieving the Employer or Administrator from the obligation to comply with the judgment, decree, or order. (c) Participation in Legal Proceedings: The Em= ployer and Administrator shall not be obligated co defend against or set aside any judgement, decree, or order described in paragraph (a) any legal order relating to the garnishment of a Participant's ben- efits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the t~mployer or Administrator to incur such ex- pense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to thc Participant. In the course of any proceeding relating to divorce, separation, or child support, the ployer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Participant's spouse, former spouse, or child (including the legal representatives of the spouse, former spouse, or child), or to a court. ARTICLE X. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT AGREEMENTS This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to mollify the terms of any employment contract or agreement between a Participant znd the Employer. ARTICLE Xl. AMENDMENT OR TERMINATION OF PLAN Thc Employer may at any time amend this Plan pro- vided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Employer may at any time terminate this Plan. Thc Administrator may at any time propose zn amend- ment to the Plan by an instrument in writing transmit- ted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within such 30-day period, the Em- ployer notifies' the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under section 457 of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. ARTICLE Xll. APPLICABLE LAW This Plan and Trust shall be construed under the laws of , the state where the Employer is located and is estab- lished with the intent that it meet the requirements of an "eligible deferred compensation plan" under Section 457 of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever possible in conformity with the requirements of that section. ARTICLE XIII. GENDER AND NUMBER The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director ~ Kenneth L. Thomas, Community Development Coordinator July 26, 2000 City of Delray Beach/Community Development Division Subordination Policy and Procedures ITEM BEFORE THE COMMISSION City Commission review and approval of the Subordination Policy and Procedures as attached to be followed by the Community Development Division when homeowners assisted by Community Development Block Grant (CDBG) and State Housing Initiatives Partnership (SHIP) funds request that the City subordinate its second mortgage position. BACKGROUND Subsidies provided for homeownership and housing rehabilitation through State Housing Initiatives Partnership (SHIP) funds are secured by a Promissory Note and Second Mortgage. Grants provided for housing rehabilitation activities through Community Development Block Grant (CDBG) funds are secured by a Promissory Note. All grants are approved by the City Commission and require the applicant to maintain ownership/residence for a specified period according to the amount of the grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. In order for a homeowner assisted by CDBG or SHIP funds to refinance his or her first mortgage or obtain a second mortgage, the City of Delray Beach must agree to subordinate its second mortgage. When the City agrees to subordinate its second mortgage, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate is rendered on a case-by-case basis with the primary objective being "increasing the affordability of housing" based on the following principles: Grants provided under the CDBG or SHIP rehabilitation programs are for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate. Second mortgages provided under the SHIP program are to assist with homeownership. RECOMMENDATION Staff is recommending City Commission approval of the Subordination Policy and Procedures as attached for homeowners assisted by Community Development Block Grant (CDBG) and State Housing Initiatives Partnership (SHIP) funds. Agenda Item No.: ~ ~'. AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda Workshop Agenda xxxx Consent Agenda Date: July 26, 2000 When: August 1, 2000 Description of item (who, what, where, how much): City Commission review and approval of the Subordination Policy and Procedures to be followed by the Community Development Division when homeowners assisted by Community Development Block Grant (CDBG) and State Housing Initiatives Partnership (SHIP) funds request that the City subordinate its second mortgage position. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of the Subordination Policy and Procedures for homeowners assisted by Community Development Block Grant (CDBG) and State Housing Initiatives Partnership (SHIP) funds. Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: ~. ~.~./~ Approved for agenda:thfE~/NO Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CITY nF nELllll¥ B~H~~~ Community Development Division MEMORANDUM TO: FROM: DATE: SUBJECT: Lula Butler, Community Improvement Director Kenneth L. Thomas, Community Development Coordinator Candice H. White, Administrative Assista~ June 19, 2000 For Your Review and Comments - Subordination Policy Please find attached a draft of the policy (first attachment) and procedures (second attachment) to be followed by the Community Development Division when a request is made to subordinate a city mortgage lien or a lien from a housing rehabilitation promissory note. This policy was created based on the following principles and is being submitted for your review and comments. Second mortgages provided under the SHIP program are to assist with homeownership, not credit or debt consolidation. Grants provided under the SHIP or CDBG rehabilitation programs are for the exclusive purpose of rehabilitating, enhancing ancl/or preserving real estate, not credit or debt consolidation, x In order for a homeowner assisted by SHIP program funds to refinance his or her first mortgage or take out a second mortgage, the City must agree to subordinate its second mortgage. When the City of Delray Beach agrees to subordinate its second mortgage, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate should be rendered on a case-by-case basis with the primary objective being "increasing the affordability of housing". The following are examples of "increasing the affordability of housing": Home Improvement - home repairs and reasonable improvements Life Improvement - reduces payment by refinancing at a lower interest rate and/or a shorter term Improvement to Increase Property Value - expansion through an addition SHIP or CDBG grantees should be given a copy of the City of Delray Beach's policy regarding subordination prior to executing the lien documents and a signed copy placed in their file (third attachment). CHW Attachments (3) £1T¥ OF DELIIIW BER£H DELRAY BEACH AII-AmericaCity 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION SHIP and CDBG Subordination Policy A homeowner assisted by the SHIP or CDBG program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the City will subordinate if: · additional money isn't being borrowed (unless its for home repair or reasonable improvements) · the resulting housing cost (PITI) does not exceed the housing cost (PITI) calculation of the original loan · the new loan is for a fixed interest rate If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate iff · the combined payments of the first and second mortgages do not exceed 35% of gross income · the loan is for a fixed interest rate The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that: · Second mortgages are provided under the SHIP program to assist with homeownership · Grants are provided under the CDBG or SHIP programs for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector and/or estimates for the proposed repairs furnished by the homeowner. THE EFFORT ALWAYS MATTERS CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION SHIP or CDBG Subordination Procedures 1. The party requesting the subordination must provide the City of Delray Beach Community Development Division the following information and documentation: · legal description of the property · copy of an appraisal of the property · copy of the title report conducted by the lender requesting the subordination · amount of equity in the home · copy of HUD-1 or other document that will provide loan disbursement information · resulting housing cost (PITI) · type of loan (fixed, variable, balloon, etc.) and interest rate · Subordination Agreement 2. The Community Development Division shall review the above information and, if the request adheres to City policy, present the Subordination Agreement to the City Attorney's Office for review. The Community Development Division shall place the subordination request on the Consent Agenda for the City Commission Meeting and send the Subordination Agreement to the City Clerk's Office for the Mayor's signature. Once the subordination request is approved by the City Commission and the Subordination Agreement is signed by the Mayor, the Community Development Division shall follow through with the instructions provided by the lender as it relates to the mailing and/or faxing of the executed Subordination Agreement. The lender should provide the City with a recorded copy of the Subordination Agreement. £1T¥ OF I)EI. IIR¥ BER£H DELRAY BEACH All-AmedcaCity 1993 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION SUBORDINATION POLICY AGREEMENT A homeowner assisted by the SHIP or CDBG program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: n If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the City will subordinate iff · additional money isn't being borrowed (unless its for home repair or reasonable improvements) · the resulting housing cost (PITI) does not exceed the housing cost (PITI) calculation of the original loan · the new loan is for a fixed interest rate If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate iff · the combined payments of the first and second mortgages do not exceed 35% of gross income · the loan is for a fixed interest rate The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that: · Second mortgages are provided under the SHIP program to assist with homeownership · Grants are provided under the CDBG or SHIP programs for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector and/or estimates for the proposed repairs furnished by the homeowner. I have read and understand the above policy: Owner Signature Owner Signature Date Date THE EFFORT ALWAYS MATTERS MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Community Improvement Director ~ Kenneth L. Thomas, Community Development Coordinator July 26, 2000 Lien Waiver/217 SW 6t~ Avenue ITEM BEFORE THE COMMISSION City Commission consideration and approval to release the liens assessed on a vacant property located at 217 SW 6t~ Avenue to support the construction of a single-family affordable housing unit. The City has liens totaling $2,257.60 as of June 27, 2000 that have been assessed for nuisance abatement activity. The liens are comprised of $1,239.32 out-of-pocket expenditures and $1,018.28 of administrative and interest charges. BACKGROUND The City, through its code enforcement efforts, abated several nuisances associated with overgrowth, trash and debris on a vacant property located at 217 SW 6th Avenue. The combined total of all liens including out-of-pocket expenditures and administrative and interest charges as of June 27, 2000 is $2,257.60. The Delray Beach Community Development Corporation has contacted the City and requested a waiver of the outstanding liens to assist with the affordability of the construction of a single- family unit under the Delray Beach Renaissance Housing Program. The CDC's correspondence is attached for your review. A contract for sale and purchase of this 50 x 135 square foot property was executed in May, 2000 for $8,500 with plans for construction of a new 1,500 square foot single family unit for a qualifying family of four (4) at 60% of the area median household income. The total project is estimated at $92,000 with a $70,000 first mortgage and second mortgage subsidy of $15,000. RECOMMENDATION Staff is recommending City Commission approval to waive the liens for administrative and interest charges as assessed in the amount of $1,018.28 as requested by the Delray Beach Community Development Corporation subject to plan approval and the issuance of the required building permits. Agenda Item No.: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: July 26, 2000 When: August 1, 2000 Description of item (who, what, where, how much): City Commission consideration and approval to release the liens assessed for administrative and interest charges on a vacant property located at 217 SW 6th Avenue in support of the construction of a single-family affordable housing unit under the Delra¥ Beach Housing Renaissance Program. ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Staff is recommending City Commission approval to waive the liens as assessed for administrative and interest charges in the amount of $1,018.28 subject to plan approval and issuance of the required building permits./~ Department Head Signature: ~.~ ~______~~ ~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:~O ff~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION 400 WEST ATLANTIC AVENUE · DELRAY BEAC,, FL 33444 June 22, 2000 (661) 266-9840 · FAx 266-9843 Mr. Kenneth Thomas, Coordinator City of Delray Beach Community Development Division 100 NW 1~ Avenue Dclray Beach, Florida 33~. ~. ~. RE: Property Liens for Nuisance Abatement Property: 217 SW 6th Ave Parcel ID #: 12434616010230170 Dear Mr. Thomas: We arc looking at the above property for one of our clients. In researching the property we found there were liens on the property for nuisance abatement in the amount of $2551.79 as of June. The owner oftbe property is decease and the heirs would like to sell thc property for $8,5000.00. The Executor of the Estate, Ms. Shirley Smith, has asked if we could request the City of Delmy Beach to waived some of the liens on the property. Enclosed is the review Mr. Hancock completed 'on the property. Our client will be entering a contractual agreement with the family to secure the property. Please let mc know if this is a possibility and what would be thc next step. If you have any questions please contact me at (561) 266-9840. Thank you. Carmelita A. Smith REC,__!, JUN :} 7 2000 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~//t/1 AGENDA ITEM ~-/4. - REGULAR I~RETING OF AUGUST 1, 2000 AUTHORIZATION TO EXCE~.D MAXIMUM SUBSIDY AMOUNT AND. APPROVAL OF FUNDING AWARD UNDER THE DRI.RAY BEACI! RENAISSANCE PROGRAM DATE: JULY 28, 2000 This is before the City Commission to authorize and approve the issuance of a funding award that is $5,000 in excess of the maximum allowable subsidy established by the Dekay Beach Housing Renaissance Program Memorandum of Understanding. The request is on behalf of an eligible applicant who was approved for the maximum allowable amount of $20,250 by the City Commission on July 11, 2000. Since that approval the first mortgage lender has located Federal Home Loan Bank of Atlanta FHP (First Time Homebuyer Program) funds in the amount of $5,000. This forgivable third mortgage loan will increase the affordability of the new construction unit on S.W. 13th Avenue as outlined in the attached memorandum from the Community Development Division. Staff recommends approval to exceed the maximum allowable subsidy assistance in order to accept a forgivable third mortgage loan in the amount of $5,000 provided through the Federal Home Loan Bank of Atlanta FHP (First Time Homebuyer Program). RefiAgmemol 1.Renaissance Program Subsidy Award in Excess of Max Agenda Item No.: ~'./4. AGENOAREU._Q~__~ Request to be placed on: Regular Agenda __ Special Agenda Workshop Agenda xxxxx Consent Agenda Date: July 26, 2000 When: August 1, 2000 Description of item: Authorization and approval to exceed the maximum allowable subsidy assistance as established by the Delray Beach Housing Renaissance Program Memorandum of Understanding approved by the City Commission on June 15, 1999 by $5,000. This request is on behalf of an eligible applicant under the Delray Beach Housing Renaissance Program who was approved by the City Commission for the maximum allowable homeownership assistance grant in the amount of $20,250 on July 11, 2000. Recommendation: Staff recommends approval to exceed the maximum allowable subsidy assistance to accept a forgivable third mortgage loan in the amount of $5,000 provided through the Federal Home Loan Bank of Atlanta's FHP (First Time Homebuyer Program) funds in order to increase the affordability of a new construction unit under the Delray Beach Housing Renaissance Program. Department Head Signature: ~~ City Attorney Review/Reconm~enend;i)n (if appl/ica~lle): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director ~ July 26, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to exceed the maximum allowable subsidy assistance as established by thc Delray Beach Housing Renaissance Program Memorandum of Understanding for the period of March 1, 1999 through February 28, 2001 approved by the City Commission on June 15, 1999 by $5,000. This request is made on behalf of an eligible applicant under the Delray Beach Housing Renaissance Program who was approved by the City Commission for the maximum allowable homeownership assistance in the amount of $20,250 on July 11, 2000. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. In the Memorandum of Understanding as it relates to the overall procedures for implementation of the various components of the Renaissance Program, it stipulates that the amount of subsidy combined from all sources shall never exceed the amount allowable in accordance with the subsidy grid contained therein. The eligible applicant who was determined to be at 63% of area median household income for an eight (8) member household was approved by the City Commission for the maximum allowable homeownership assistance in the amount of $20,250 on July 11, 2000. Since that approval, the first mortgage lender has located Federal Home Loan Bank of Atlanta FHP (First Time Homebuyer Program) funds in the amount of $5,000 as a third mortgage. The third mortgage will increase the affordability of the unit by reducing the household's primary housing expenses from 26.89% to 24.80% and the LTV from 86% to 81%. The monthly primary housing expenses will be reduced from $886.00 to $817.00 and the 354 month loan term will be reduced approximately $18,000. The Grant will be secured by a Promissory Note/Second Mortgage approved by the City Attorney and require the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission authorization and approval to exceed the maximum allowable subsidy assistance to accept forgivable third mortgage loan in the amount of $5,000 provided through the Federal Home Loan Bank of Atlanta's FHP (First Time Homebuyer Program) funds in order to increase the affordability of a new construction unit under the Delray Beach Housing Renaissance Program for the following project: xxx SW 13~ Avenue Lot ! 5, Lincoln Atlantic Park Gardens DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION Yes CENSUS TRACT 68.01 NAME Clarence and Jeanatta Riley PROPERTY ADDRESS xxx SW 13th Street, Delray Beach LEGAL DESCRPTION Lot 15, Lincoln Atlantic Park Gardens, PB 23, PG 226 % OF AREA MEDIAN HOUSEHOLD INCOME 63% NO. IN HOUSEHOLD 8~ COST OF CONSTRUCTION: $95,212.75 COST OF LOT $10,000.00 COST OF EXISTING UNIT: N/A (including rehabilitation costs) PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 85,000.00 RATE 8.75% LTV 81% $ SECOND MORTGAGE $ 20,250.00 Republic Security Bank City of Delray, HOME City of Delray, SHIP $17,250.00 2nd Mortgage $ 3,000.00 Developer Fee THIRD MORTGAGE $ 5,000.00 FHLB/FHP Funds GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 1,735.93 Estimated Closing Costs (Lender 1003) $ 3,437.90 TOTAL TRANSACTION $110~386.58 Estimated cash fxom/to borrower (Lender 1003) $ 3,136.58 (meets 2% requirement) ATLANTIC A VENU£J ATLANTIC GA TEWA Y '~ MINI PARKS I AVENUE 1ST ST. DELRA Y FULL SERVICE CENTER 2ND 4TH ~ YOUNG MENS PROGRESSIVE CLUB PROPERTY cmr ~- D£LR^¥ E~£^C,, rL 12-43'46-17-20-000-0150 ST. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. 2-~.. REGULAR MEETING OF AUGUST 1, 2000 SERVICE AUTHORIZ&TION #5/ROBERT G. CURRIE PARTNERSHIP (SARAH C.!.F. ASON PARK IMPROVEMENTS) DATE: JULY 28, 2000 This is before the City Commission to approve Service Authorization #5 in the total amount of $20,750.00 xvith Robert G. Currie ParmershJp for design services related to improvements at Sarah Gleason Park. The project will include interior modifications for ADA compliant restrooms and exterior modifications to include a new metal roof, finishes, site lighting, landscaping and irrigation. The total cost includes a lump sum fee of $20,000 plus $750.00 for reimbursable expenses. The contemplated improvements were presented to the City Commission at the May 9th workshop. At that time the Commission gave direction to proceed with the project as proposed. Funding will be from 334-4181-572-63.90 (General Construction Fund/Sarah Gleason Park). Recommend approval of Service Authorization #5 with Robert G. Currie Partnership for the Sarah Gleason Park Improvements project. Ref:Agmemol6.ServiceAuth.#5.Currie Partnership.Sarah Gleason Park Agenda Item No. $. _T... Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: July 26, 2000 When: August 1, 2000 Description of item (who, what, where, how much): Service Authorization # 5 to Robert G. Currie Partnership in the amount of $20,750.00 (includes $750.00 of reimbursable) for the proposed improvements to the Sarah Gleason Park facility. The improvements will include interior modifications for ADA compliant restrooms and exterior modifications to include new metal roof, finishes, site lighting and landscaping. Funding is available from 334-4181-572-63.90 ($!5,700.90), General Construction Fund/ Sarah Gleason Park 3nd ""' ....... -., .',,, ,..= n=n nn, ~..u. ~ =~"'='~+~"''"~'~'-- ...... '"--"-,,-,,,,,....d,,ll' ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'FI'ACHED YES/NO Recommendation: Staff recommences approval of Service Authorization. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable).'. Budget Director Review (rej~ed on all items involving expenditure of funds): Funding available(~O/~ Funding alternatives (if applicable) Account No. & Description 334-4181-572-63.90, Gen. Constr. Fund/Sarah Gleason Park. Account Balance~ ~0,'~50,00 City Manager Review: Approved for agenda: NO Hold Until' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:\...~projects~2000-018~constmction~Agenda-08012000.doc ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: David Harden City Manager Victor Majtenyi ~-/~/''' Assistant Construction Manager Date: July 26, 2000 Su~e~: Service Authorization #5 to Robert G. Currie Partnership. Sarah Gleason Park Improvements Project No. 2000-018 Attached, Agenda Request for City Commission approval on Service Authorization # 5 to Robert Currie Partnership, Inc. This consulting service authorization is for developing construction documents on the modifications to the existing Sarah Gleason Park facility. Phase I, preliminary design development and cost estimate was completed under Service Authorization # 3 to Robert Currie Partnership, Inc. in the amount of $3,500.00. Service Authorization # 5 to Robert Currie Partnership, Inc. ara for design Phases II through III of the master agreement, final design development through construction documents. The cost for these phases is $20,750.00 (includes $750.00 raimbursable expense). A copy of the Service Authorization is attached for your review. Staff racommends execution of Service Authorization ~ to Robert Currie Partnership, Inc., in the amount of $20,750.00, for consulting services in developing plans and specifications for the modifications to the existing Sarah Gleason Park Facility. Funding is available from 334-4181- 572-63.90 ($15,700.00), General Construction Fund/Sarah Gleason Park and 001-4131-572- 34.90 ($5,050.00), Parks & Recraation/Other Contractual Services. Joe Weldon; Dir. Parks & Recreation. Dick Hasko: Dir. ESD Randal Krejcarek; City Engineer Howard Wight; Director of Construction, ESD File 2000-018 (A) s\...~2000-018~Agmemo-08012000.doc ROBERT G. CURRIE PARTNERSHIP Architects, Planners & Interior Designers AA0002271 Robert G. Curcie, AIA Jess M. Sowards, ROBERT G. CURRIE PARTNERSHIP, INC CONSULTING ,~ERVICE AUTHORIZATION DATE: Juv 17. 2000 SERVICE AUTHORIZATION NO. Five (5) FOP-, CONSULTING SERVICES CITY P. O. NUMBER: CITY EXPENSE CODE: _~'- '//~c/-57~ -~. ~o TITLE: SARAH (~LEASON PARK IMPROVEMENT5 This Sewice Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement dated March 29, 1996, between the City of Pelray Beach and The Robert G. Curtis Partnership, Inc. PROJECT DESCRIPTION The project consists of renovations to the existing public restroom facility located on the corner of Atlantic Avenue and State Road A1A. The existing facility will be decreased in size as needed and new ADA compliant restrooms will be provided. New exterior finishes, metal roof, site lighting, landscape and irrigation is included. SCOPE OF 5ERV1CES The following scope of services has been developed in accordance with the Agreement for Architectural Services. Phase I - Not included in this Service Authorization. Phase II - Design Development. The consultant will prepare a site plan, floor plan, and elevations as necessary for the City to review, including SPRAB, and if approved provide the basis for subsequent work. Phase III - Construction Documents. The Consultant will prepare required construction documents as necessary for bidding and permit. Phase IV-V Not included in this Service Authorization. III BUD(~ET The services as described above will be provided for a Lump Sum fee of Twenty Thousand ($20,000) dollar~ and no cents. Reimbursable expenses are expected to be no more than Seven Hundred and fifty ($750.00) dollar~, which will not be exceeded without prior authorization. In addition, the City will reimburse the architect for application fees associated with Site Plan review. 134 Northeast lsl Avenue, Delray Beach, Florida 33444 Telephone: (561) 276-4951 Facsmilie: (561) 243-8184 E-mail: rcpse@aol.com COMPLETION DATE Completion of Phase II will be within sixty (60) days following receipt of an executed Service Authorization f~om the Ctty. Completion of Phase III work will be completed within ninety (90) days following approval of SPRAB and City Commlesion. Thie Service Authorization is approved contingent upon the City's acceptance of and ~atisfaction with the completion of service~ rendered in the previous phase or as encompassed by the previous Service Authorization. If the City in its sole di~cretion i~ 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 by: CITY OF DELRAY BEACH ROBERT G. CURRIE PARTNERSHIP, INC. Date: Attest: STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged Before me this ~ I Day of ~ 2000, by Robert G. Currie of The Rob&~c G. Cuttle ?artner~hip, Inc., a professional Aseociation. He is personally known to me And did not take ~n gath. Iv~ Commission Expires: ~.~,~4,4, [IMSEELY A. UNKE SEAL ~ '~ COMMffi$10N # CC500755 ~ .,_~.l~ EXPtRES NOV 11, 2000 ',~ BONDED THROUGh. ~ AT[ANT C ~ONDING CO I~ City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date July 28~ 2000 (3) Interfund//nterdepartmental Transfer (4) Batch Number (5) Requested By: Mary A. YnunE. Aeenun~nn~' ~1'~) PROJECT# (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFERIN 334-4172-572-63.03 Pompey Park Ball£ields 5,050 334-4181-572-63.90 Sarah Gleason Park 5,050 (10) TOTAL 5,050 5,050 ~JSTIFICATION: To transer monies from the Pompey Park Ballf~eld prnjmm~ wh~oh ~ complete to the Sarah Gleason Park pro~ect. The fundin~ is needed to pay Rabmr~ Currie for consulting services in the amount of $20,750.00. Sarah Gleason Park project has a balance of $15,700f00. Department Hea~ Asst fityManager Finance Director~~/~J City Manager (11) Budget Revision Date (13) Period ORIGINAL - BUDGET CANARY- PROJECT FILE (12) Control Number (14) Couot PINK - DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ~7' _ REGULAR MEETING OF AUGUST 1, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MAN CON, INC. (SW 8TM AVE/SW 4TM STREET INFRASTRUCTURE IMPROVEMENTS) DATE: JULY 28, 2000 This is before the City Commission to approve closeout Change Order #1 in the amount of $49,851.58 with Man Con, Inc. for the SW 8~ Avenue/SW 4th Street Infrastructure Improvements proiect. The change order represents the plus/minus as-built quantity adjustments based on actual field measured quantities. Also requested is final payment in the amount of $63,607.87. The project is complete and has been inspected and approved by staff. Funding in the amount of $18,756.29 will be from 442-5178-536-61.78 (Water Distribution Improvements) and $44,851.58 from 334-3162-541-63.11 (General Construction Fund - Bikepaths / Sidewalks). Recommend approval of closeout Change Order #1 and the request for final payment to Man Con, Inc. for completion of the SW 8~ Avenue/SW 4th Street Infrastructure Improvements proiect. Ref:Agmemol6.Closeout. Man Con. SW8thAve/SW4thSt. Infrastructure Imp. Agenda Item No.: ~.~. AGENDA REQUEST Date: July 26, 2000 Request to be placed on: __X__ Regular Agenda __. Special Agenda __ Workshop Agenda When: August 1, 2000 Description of item (who, what, where, how much}: Attached forCommissionapprovalisan agenda request for closeout Change Order #1, Final to ManCon, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for a net add of $49,851.58. A detailed listing of the adjustments are listed on Schedule "A" attached to the Change Order. approval is an agenda request for final payment to ManCon, Inc. in the Also attached for Commission amount of $63,607.87. A Contractor Evaluation is attached for your review. Funding is from 442-5178-536-61.78 (WIS R&R Water Mains) for $5,000.00; and 334-3162-541-63.11 (Streets, Alleys, Sidewalks) for $44,851.58 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of the (C.O. #1, Final) and final payment to ManCon, Inc. ~/-~ :_. ~(~ ,~(~ ~ Department Head Signature: ~ ~--~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ired on all items involving expenditure of funds): Funding available: ~E~/NO ~ Funding alternatives~-w-- ., ~ _ -~ ~ (if applicable) ~ccoun~ ~o~ & Descriptio ,n~_~_~0!/~ ~-~.,~ ApprovedHold Until: for agenda: ~/NO ' ~en~ Coor~nator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc City Of Delray Beach · Department of Environmental Services MEMORANDUM To: From: Date: Re: David T. Harden, City Manager Howard Wight, Dep Dir Construction Divi~j//~..~- // July 26, 2000 S.W. 8t~ Ave and S.W. 4th St Infrastructure Improvements (Project 99-04) Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #1, Final to ManCon, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for a net add of $49,851.58. A detailed listing of the adjustments are listed on Schedule "A" attached to the Change Order. Also attached for Commission approval is an agenda request for final payment to ManCon, Inc. in the amount of $63,607.87. A Contractor Evaluation is attached for your review. Funding is from 442-5178-536-61.78 (W/S R&R Water Mains) for $5,000.00; and 334- 3162-541-63.11 (Streets, Alleys, Sidewalks) for $44,851.58 File: Memo to City Manager 9904A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 99-04 DATE: PROJECT TITLE: SW 8t~ Ave/SW 4z St Infmslxucture Improvements TO CONTRACTOR: Man-Con, Inc YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final Plus/Minus As-built Quantity Adjustment per Schedule "A" Attached SUMMARY OF CONTRACT:AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER ..6.2% TOTAL PER CENT INCREASE TO DATE 6.2% $ 798,253.30 $ 00.00 $ 798,253.30 $ 49,851.58 $ 848,104.88 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Man-Con, Inc.. Funding is from 442-5178-536-61.78 (W/S R&R Water Mains) for $5,000.00; and 334-3162-541-63.11 (Streets, Alleys, Sidewalks) for $44,851.58 DELLRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services By: David W. Schmidt, Mayor APPROVED: ATTEST: By: City Attorney City Clerk S.W. 8th Avenue and S.W. 4th Street Infrastructure Improvements Project 99-004 Schedule A Change Order #1, Final CONTRACT As - Built EST. UNIT ACT UNiT No. DESCRIPTION UNIT -~TY PRIC~ TOTAL QTY PI~(~E TOTA~ I Site Mobilization/Demobili~zation L.S, 1 $37,850.00 $37,850.00 I $37,850.00 $37,850.00 ~ Maintenance of Traffic L.S. I $ 4,000.00 $4,0~)0~00 1 $ 4~,~00.00 $4[000.00 ~ clearing andG~ubbin~ LS. I . $33,300.00 $33,30~,00 1 $33,~00.00 $33~00.00 ~ Clearing E. side of 8th for sidewalks ES. 0 $ 4,200.00 $0.00 I $ 4,200~00 $4,200.00 4 1-112" S-3 Asphalt Concrete Sur[ace ~.y. 10300 $ 4.35 $44,805.00 9992 $ 4.35 $43,465.20 ~ l"TypeS-3~sphaSOv~ri~ ~iY~ 4128 '$ 3.5~--~14,448.00 -0 $ -:J.50 -$0.00 ~l"TypeS~A~phaltOve~!/ . Ton b $ '~0.50 $0.00 184 $ 60.50 $11,132.00 6 8"Limerock Base S.Y. 10668 $ 8.00 - $85,328.00 2377 $ ' 8.00 $19,~16.00 ~ Underc~ttingDiiiityTrenche~2ndTerr/2nd~t L.S: 0 $ 1,000.00 ~0.00 1 $ 1,000.00 ~1,000.00 .7 Limeroc~k~)aseLev~l!ngCourse_ Ton 660 $ 13.00 $8,580.00 3485 $ 13.00 $45,305.00 8 Finishing and Priming6" Limerock Sase S.Y. 2090 $ 3.40TM '- $7,106.00 7814 $ 3.40 $26,567.60 9 12"S~bilizedSubgrade __ S.Y. i~55 $ 3.10 _$34,58~3.~0 2808 $ ' 3.10 $817(~4.80 10 4" LimerockWork Platform S.Y. 14~3 $ 12.50 $1,787.50 .617 $ 12,50- $7,712~0 11 8" SlackSase S.Y. 143 $ 54.00 $7,722.00 0 $ 54.00 __ $0.00 ~ Reinforcement Grid S~Y. 890 i $--- 3.20 $2;848.00 7814 '$'-- 3.20 $25,004.~80 12~ Reinforcement Gdd (Extra mat deliv to City) L.S. '-'0 $ 2,0521~ $~.~0~ 1 ~ ~,0~21-16 $2,052.16 1:~ Open Cut Pavement Trench Repair I_~F. ~5 $ 32.00 $1~,~60.00 482 $ 32.00 $1~1424.00 , 14 Concrete DdveApron S.F. ~923C $ 4150 $86,535.00 2083{~ $ 4.50 $93,735.~0 15' ~.sphalt Drive Apron S.Y. ~-0 $ 26.00 $2,080.00 535 $ 26.0(~~ _$13,910.00 ~ Type F(~oncrete Curba~d Gutter~ L.F~ 1865 $~ 9.40 $;1~,531.07 1740 $ 9.40 $16,356.00 17 ~oncrete Drop Curb (Measured in ltem #16 Qt! L.F. 92 $ 9.40 $864.80 0 $ 9.40 $0.00 18 3oncrete Sidewalk Construction JiF. 2582 $' 17.75 $45,830.50 3910 ~ 17.75 $69,402.50 ~ 3oncrete Sidewalk Elevation Revision -I-.S. 0 $' 1,~2.31 $0.00 1 $ 1,442.31 $i,442.31 19 ;oncrete InletAprons Ea. 8 $ 1-90.00 $1,520.00 15 $~1~0;00 $2,8~0.00 ~ ~avement Marking & Signage L.S. 1 $ -6,400.00 $6,400.00 ~ 1 $ 6,~400.00 $6~400.00 21 ~wale Grading and Sodding _~.Y. 9120 $ 5.50 $50,160.00 6;;5;I $ 5.50 $34,380.50 22 ~tormwaterManhole Ea. 5 $ 2,930.00 _ $1~165~.00 (~ $ 2~930.00 $17,5~.~30 23 ~tormwater Type "C" Inlet Ea. ~8 $ 1,665.00 . $13,320.00 8 $ 1,665.00 ~13,320.00 24 ~tormwaterType"9"lnlet Ea. 2 $ 2,155.00 $4,310.00 _ 3 $ 2,155.00 $6,465.00 ~ ~djust O-11 and D-13 inlet tops to grade L.S.' 0 $ 1,077.~7 .. $0.00 1 $_ 1,(~77~07 $~ i077.07 25 18"RCP L.F. 464 ~ 28.00 $12,99~:~0~. 426 $ 28.00 $11,928.00 ~ Lower 18" RCP (43+6C~46+25) 2' - SS conflict -L~S. 0 $ 4,--~00.0(~ $0.00 ! _ $ 4.000.~0 $4,000.00 26 Connecting to Ex. Storm Drainage System Ea. ' ~ $ 1,225.00 $4,900.00 6 $_.1.~25.00 $7,350.00 27 8" DIP W.M. LF. 1540 $ 32.00 $4~,280.00 1490 _~ 32.00 $47,68-0100 4" GV and Fi6ings L.S. 0 $ 1,075.00 $0.00 1 $ 1,075.00 $1;075.00 Restrain existing valve @ 4th St tie*in L.S. --~) $ 2,020~6 $0.00 - 1 $ 2,020.16 $2,020.16 28 6" Linestop Ea. 1 $ 3,7~'00 $3,750_'~_00 2 $ 3,7~b.-00 $7,500~00 ~ 6" Gate Valve and Box Ea. 2 $ 6~00 $1,250.00 2 $--6~5.~00 $~50.00 ~ 8" Gate Valve and Box Ea. -"15 $ 825~00 $12,37~.~ 15 $ ~8~5.00 $12~:~75.00 3~ 6" x 6" Wet Tap Ea. '-1~1 $ 2,2~i00 $25,0~.?0 8 $ ~,275.00 $i~200.00 32 Fire Hydrant Assembly Ea. '-2 $ 2,22~i~O $4,450.00 4 $--2;225.00 $~,~30.00 33 Relocate Ex. Fire Hydrant 'Ea. 3 $_],200.00 $3,600.00 -~2 $ 1,2001~0 $2,40(~.00 34 Fill & F_lush Assembly._ Ea~- -- 5 $ 385.00 $1,928.00 ~-- $ 385.00 - . ~_$1,155.0-0 ' 35 Sample Point _Ea. 5 $ 340.00 $1,700.00 6 $ 340.00 $2,040.00 ~ Connect to Ex. Water Main Ea. 5 $ 1,200.00 - $6,000.0~ - ~ $ 1,200.00 $61000.00 3~ Water Service Single or Double Ea. ~5 $ 6~0.00 $9,~0.00 20 $ 650.00 $13,000.00 ~ Repair shal0~water se~ices~' ES. 0 $ 941.28 ' $0.00 -- I $ 941.~8 $941.28 I 38 Remove Existing Drainage Structures Ea. 3 $- 550.0~0 -$1,650.00 4.~ $ 550100 $2,475.00 30 Remove Existing Water _Mains LF. 900 _ $-' - 4.80 - $4,320.00 -900 $___ 4180 .._ $4,320.00 40 Reconstruct Sanitary Sewer Laterai Ea. 8 $ 2,850~:00 $22,800.00 24 $ 2,850.00 $68,400.00 41 Sanitary Sewer Cleanout Instarla{~3n Ea. ~9 $ 465.00 $46,035.~0~ 56 $ 465.00 $26,040.00 ~ Misc Revisions @ Cleanout/Laterals LS. 0 '~ $ 9,893.~00 $6'.00 1 $ ~,893.00 ~ $9,893.~0.0 42 Sanitary Sewer Main Point Repair Ea. ~ ~ $ 2,500.00 $42,500.00 11 $ 2,_500.00 $27,500.00 43 Project Identification Sign Ea~ 1 $ 625.00 $625.00 0 $ 625.00 $0.00 44 Video Allowance L.S. 1 $ 1,000.00 $1,000.0~) - 0 $ 1,0~0.00 $0.00 45, LJtilityAIIowance L~S. ~ - $12,5~i~)0 $12,500.00 0 - $12,500~0 - $0.00 46 Land~cape Allowance .... L.S. I $ '2,500.0~0 $2,50~i00 0 $ 2,500.00 :~0.00 47 Indemnification ' L.S. 1 $ "~10.00 $10.00 1 $' 10.00 $10;00 rotal $798,253.30 $848,104.88 ~[ Difference = Change Order #1 Final = + $49,851.58 + MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~'. ~ - REGUI.AR MEETING OF AUGUST 1, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ EQUIPMENT COMPANY (REPAIRS TO LIFT STATIONS) DATE: JULY 27, 2000 This is before the City Commission to approve closeout Change Order #1 in the amount of $9,677.00 with Chaz Equipment Co., Inc. for the Lift Station #6 and #22 repairs project. The change order encompasses additional wet well repaixs and lining at Lift Station #22 and lining of two collection manholes adjacent to the lift station. Also requested is final payment in the amount of $11,077.20. The project is complete and has been inspected and approved by staff. Funding will be from 442-5178-536-63.51 (W&S Renewal & Replacement/Sewer Mains). Recommend approval of closeout Change Order #1 and the request for £mal payment to Chaz Equipment Co., Inc. for completion of the Lift Station #6 and #22 Repairs project. RefiAgmemo16.Closeout. Chaz Equip. Lift Station #6 and #22 Repairs Agenda Item No.: AGENDA REQUEST Request to be placed on: __X__ Regular Agenda Special Agenda __ Workshop Agenda Date: July 26, 2000 When: August 1,2000 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for a contract addition (C.C. #1, Final) to Chez Equipment Co., Inc. on the above referenced Project. It encompasses cementious lining and repairs to L ft Station 22 wet well. It also includes lining of two collection manholes adjacent to L ft Stat on 22. C.C. #1 final is for a net add of $9,677.00 4~'],~ Aisc attached for Commission approval is an agenda request for final payment to Chez Equipment, Inc. in ~qthe amovnt of $11,077 20 %-St-t~.'~"5~,-(~'~' A Contractor Evaluation is attached for your review. ~::::~ 5~'( Funding is from ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of the (C.C. #1, Final) and final payment to Chez Equipment, Inc. Department Head Signature: ~ _~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ired o~al% items involving Funding available: lES/NO ~n~w/U_~ expenditure of funas): Funding alternatives~--, (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: ~enda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ l h Oq ~.~tO Y~I/N/ /agen0052.doc City Of Delray Beach · Department of Environmental Services MEMORANDUM From: Date: Re: David T. Harden, City Manager is~ Howard Wight, Dep Dir Construction Div July 26, 2000 Lift Station #6 and #22 repairs (PN 00-52) Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for a contract addition (C.O. #1, Final) to Chaz Equipment Co., Inc. on the above referenced Project. It encompasses cementious lining and repairs to Lift Station 22 wet well. It also includes lining of two collection manholes adjacent to Lift Station 22. C.O. #1 is for a net add of $9,677.00. Also attached for Commission approval is an agenda request for final payment to Chaz Equipment, Inc. in the amount of $11,077.20. A Contractor Evaluation is attached for your review. Funding is from File: Memo to City Manager 0052A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 00-52 DATE: PROJECT TITLE: Lift Station 6 and Lift Station 22 Repairs TO CONTRACTOR: Chaz Equipment, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUiSTIFICATION: Lift Station #22 additional wet well repairs and lining; manhole lining per attached Schedule A and your proposal dated 5/16. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER .. 17.4% TOTAL PER CENT INCREASE TO DATE 17.4% $ 55,310.00 $ .00 $ 55,310.00 $ 9,677.00 $ 64,987.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Chaz Equipment, Inc.. Funding Source RECOMMEND: for Environmental Services DELLRAY BEACH, FLORIDA by its City Commission By: David W. Schmidt, Mayor APPROVED: City Attorney ATFEST: By: City Clerk Schedule A Change Order #t, Final Gravity Sewer Repaim Lift Stations 6 and 22 Project # 2000-052 Contract As-Built I Lift Station ~6 Repair I LS $35,000.00 $35,000.00 1 LS $35,000.00 $35,000.00 2 Lift Station ~22 Repair 1 LS $20,000.00 $20,000.00 I LS $20,000.00 $20,000.00 3 Video Allowance 1 LS $300.00 $300.00 0 LS $300.00 $0.0~ 4 Indemnification 1 LS $10.00 $10.00 1 LS $10.00 $10.0C CO1 LS 22 Repairs/MH Lining 0 LS $9,977.00 $0.00 1 LS $9,977.00 $9,977.0~ To~I $~5~310~00 S6~98~ 00 Difference = Change Order #1 = + $9,677.00 Page 1 of 1 ~:}?:-iE!::~i::':'" :~i~'~ FAIRLANE F~'RMS ROAD dNtT 16 . ~NELLINGTON FLORID,~ PROPOSAL SUBMITTED TO ,,,~AMEScott Solomon i City of Delray_ Beach iSTREET434 S. Swinton Avenue CITY PROPOSAL PHONE May 2000 DATE JOB NAME Lift Sta.tion #22 Re-Hab 31TY [STATE STATE Delray Beach Florida 33444 We hcrcb5 subnlil spccificalions and cslin]alc ~r: 1. A. Apply 1/~"hof' ~:~wPerCoat Pg to Interior of existing 8' Diameter Wet Well, approximately 17' deep B. Remove existing miscellaneous metals from interior of structure' C.Repair leaks and fill large voids in existing joints ~i.~: ~ h, Total Lump Sum ~1. $5,427.00 1/2,~ 2. Apply of Sewpe~oat PG to interior of existing 4' diameter Man Hole, approximately 14' deep Total Lump Sum ~2. Apply 1/2" of SewperCoat P~%to interior of existing approximately 12' deep $2,450.00 Man Hole Total Lump Sum ~3. $2,100.00 TOTAL ITEMS ~1 THRU ~3 $9,977.00 We he~ pm~sem ~mishlaborand matefials-completeinacco~ance~dththeabovespecifications, ~rthesumof ~ine Thousand Nine Hundred Seventy- dollars($ 9,977.00 ) with payment to be made as ~llow Seven Thirty days after ~ece~Dt ~F ~nv~ All material is guara~teed to be ~-q specified All work__ lo be completed in a wodmaanlike mam~er?ccording~,~u~7 to standard practices. Any alteration ordeviatk from above specifications thvolving exlra costs, will be executed on/3, upon wriilen orders, and wi become an extra charge over and above the estimate. agreements contingent upon strikes, accident or delays beyond our control. This proposa!-'~ub' ct to acceptm~ce within 15 days and il is void thereafter at the option of the undersigned orized Signature /" ' Au r, firv Czaikowskl. Presid~nh AC___CEPTANC5 OF P___ROPOSAL The above prices, specifications and conditions are hereby accepted. You are authohzed m do the work as specified Payment will be rna& ~s outlined above . ~.CC EPTED: Signature DATE 05109100 Signature DATE: July 10, 2000 REQUISTION NO: CHAZ EQUIPMENT COMPANY, INC. 3380 FIARLANE FARMS ROAD #16 WELLINGTON, FLORIDA 33414 PROJECT: ES. 6 & 22 Repairs 3 PROJECT NO: 2000-052 CHAZ EQUIP JOB NO: GENTLEMEN: THIS REQUEST FOR PAYMENT IS FOR WORK COMPLETED ON THE ABOVE REFERENCED PROJECT FOR THE PAY PERIOD ENDING: 7/10/00 - .. TOTALS TO DATE TH(S DO NOT REQUEST ONLY WRITE IN AMOUNT OF ORIGINAL CONTRACT: THIS SPACE APPROVED CHANGE ORDERS: $55,310.00 $9,977.00 TOTAL CONTRACT & APPROVED CHANGE ORDERS: ~,287.00 VALUE OF WORK PERFORMED 4.) $9,977.00 (PER BREAKDOWN ATTACHED) VALUE OF MATERIAL STORED ON SITE 5.) N/A (PER BREAKDOWN ATTACHED) TOTAL REQUISITIONED 6.) $64,987.00 LESS 0% RETAINAGE: 7.) $9.00 ~/'~ AMOUNT EARNED TO DATE 8.) L $64Ae?.00 AMOUNT DUE 1~, ' ~ ..... "'~ ~xm~ ~m~ t~ ~ OWNER ~ ~nt of W~ ~ u~ ~ mfe~ to' 'J~ ........ ' a~ ~ ~n ~ to ~ in ~11 all ~s o[~ CONTRACTOR I~u~ ~ ~n~ ~h WORK ~ ~y p~r App~t~ ~ Pa~ ~m~ 1 ~ 1 ~. 3.) · A~ f~ ~ ~11 ~ ~ fie OWNER al ~ of ~ ~ ~d ~r of ~111e~, c~i~, ~u~ imps ~ ~ (~ ~h ~ ~ ~ ~ ~ ~ ~ ~NER.) " ......... DARI.B~E R, RISELEY IJ jJ ~:' : ~ EXPIRES: Je~uar/23, 2~04 BY: TITLE: DATE: PRESIDENT June 20, 1999 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~5~. L.. REGULAR MEETING OF AUGUST 1, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/LINE-TECH, INC. (WATER SERVICE PLUMBING CONNECTIONS/RELOCATIONS) DATE: JULY 28, 2000 This is before the City Commission to approve closeout Change Order #1 in the amount of $7,800.00 with Line-Tech, Inc. for the Water Service Plumbing Connections/Relocations project. The change order encompasses the final contract plus/minus as-built quantity adjustments. Also requested is final payment in the amount of $8,949.10. The project is complete and has been inspected and approved by staff. Funding in the amount of $1,149.10 will be from 442-5178-536-65.17 (Water Service Relocations) and $7,800.00 from 442-5178-536-63.50 (Water Line Upgrades). Recommend approval of closeout Change Order #1 and the request for final payment to Line-Tech, Inc. for completion of the Water Service Plumbing Connections/Relocations project. Re f:Agmemo 16.Closeout. Line-Tech. Water Service Agenda Item No.: ~,L . AGENDA REQUEST Request to he placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: July 26, 2000 When: August 1, 2000 Description of item (who, what, where, how much): _ Attached for Commission approva~ is an agenda request for closeout Change Order #1, Final to Line-Tach, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for a net add of $7,800.00. A detailed listing of the adjustments are listed on Schedule "A" attached to the Change Order. I~)0J,~-L~ Also attached for Commission approval is an agenda request for final payment to Line-Tach, Inc. in the amount of $8,949.10. A Contractor Evaluation is attached for your review. Funding is from 442-5178-536-63.50 (R&R Water). //./~ ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of the (C.C. #1, payment to Line Tech, Inc. /~ [~ . Z'~ Department Bead Signature: l_~_(~/(~.."~ ~/ / ~-~,~ ~& Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Final) and final CityManager Review: Approved for agenda: Hold Until: Budget Director Review (re~ired on all items involving expenditure of funds): Funding available: Funding alternatives~ v .. ~(i~ applicable) Account No. & Description ~-~O[%~.S~--~q ~;~..~ Account Balance / ~,lO ~ q ,.~D ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc City Of Delray Beach . Oe~,.,ment o/ Environmental Services MEMORANDUM To: From: Date: Re: David T. Harden, City Manager Howard Wight, Dep Dir Construction Divis,~ /! July 26, 2000 Water Service Plumbing Connections/Relocations (PN 00-37) Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Line-Tech, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for a net add of $7,800.00. A detailed listing of the adjustments are listed on Schedule "A" attached to the Change Order. Also attached for Commission approval is an agenda request for final payment to Line- Tech, Inc. in the amount of $8,949.10. A Contractor Evaluation is attached for your review. Funding is from 442-5178-536-63.50 (R&R Water). A budget transfer is attached File: Memo to City Manager 0037A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 00-37 DATE: PROJECT TITLE: Water Service Plumbing Connection/Relocations TO CONTRACTOR: Line-Tee, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final Plus/Minus As-built Quantity Adjustment per Schedule "A" Attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER ..14.05% TOTAL PER CENT INCREASE TO DATE 14.05% $ 55,510.00 $ 00.00 $ 55,510.00 $ 7,800.00 $ 63,310.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Line Tech, Inc.. Funding is from 442-5178-536-63.50 (R&R Water) DELLRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services By: David W. Schmidt, Mayor APPROVED: ATTEST: By: City Attorney City Clerk 00000 00000 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~k~/~ AGENDA ITEM ~. ~ · - REGULAR MI~.~.TING OF AUGUST 1, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (CHEMICAl. STORAGE BUII.DING) DATE: JULY 27, 2000 This is before the City Commission to approve closeout Change Order #1 in the net deduct amount of $12,500.00 with Marine Engineering Contractors, Inc. for the Water Treatment Plant Dry Chemical Storage Building project. The changes are item/zed per Schedule "A" attached to the change order. Also requested is final payment in the amount of $2,510.10. The project is complete and has been inspected and approved by staff. All warranty documentation has been received. Funding will be from 441-5161-536-63.73 OV&S Capital Outlay/Chemical Storage Building). Recommend approval of closeout Change Order #1 and the request for final payment to Marine Engineering Contractors, Inc. for completion of the Chemical Storage Building project. RefiAgmemol 6.Closeout. Mafine Eng. Contractors. Chetmcal Storage Building Agenda Item No. AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: July 26, 2000 When: August 1, 2000 Description of item (who, what, where, how much): Change Order #1(Final) in the net deduct amount of $12,500.00 and final payment in the amount of $2,510.10 to Marine Engineering Contractors, Inc. for the completion of the Water Treatment Plant's Dry Chemical Storage Building project. Funding is available from 441-5161-536-63.73, Water and Sewer Fund/Chemical Storage Building. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomm~.r~sappro~ of Change Order ~_1 and final payment. Department head signature: ~.~-~__ .~(,~- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable).'_ Budget Director Review (re.~.dr~ed on all items involving expenditure of funds): /....,~u nding available:(~;~NO ,,~t, ~ t)unding alternatives (if applicable) ~%, ~,/),~ccount No.& Description 441-5161-536-63.73, Water& Sewer/Chemical Strg BId~]. Account Balance ~ ~-,01L~ City Manager Review: Appr°ved f°r agenda: ~/NO~~v/)Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Appreved/Disappreved cc: s:\...~projects\97-003\construcfion~Agenda-08012000.doc ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: David T. Harden City Manager Victor Majtenyi ,~-/~' ' Assistant Director of Construction Date: Subject: July 26, 2000 Agenda Request for City Commission approval Water Treatment Plant Dry Chemical Storage Building (PN 97-003) Change Order #1/Closeout, Final Payment Attached is an Agenda Request for City Commission to approve a net deduct Change Order #1(Final) in the amount of $12,500.00, and final payment in the amount of $2,510.10 to Marine Engineering Contractors, Inc. on the Water Treatment Plant's Dry Chemical Storage Building. Change Order #1 with Schedule "A", attached for your review. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order #11Final in the amount of $12,500.00 and final payment in the amount of $2,510.'10 to Marine Engineering Contractors, Inc. for the completion of the Water Treatment Plants Dry Chemical Storage Building project. Funding is available from account 441-5161-536-63.73 (-$12,500.00), Water and Sewer Fund/ Chemical Storage Building. A Contractor Evaluation is also attached. Richard Hasko: Dir. ESD Dan Beatty: Deputy Dir. Public Utilities Howard W~ght: Deputy Dir. Construction File 97-033 (A) s\...\97003~agmemco 1final CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 / Final PROJECT NO. 97-003 DATE: PROJECT TITLE: Water Treatment Plant Dry Chemical Storage Building TO CONTRACTOR: Marine Engineering Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to projects per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 4.7 % TOTAL PER CENT DECREASE TO DATE 4.7 % $263,510.00 $ 0.00 $263,510.00 $ -12,500.00 $251,010.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasgnable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Marine Engineering Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 441-5161-536-63.73 (-$12,500.00), Water & Sewer Fund/Chemical Storage Building. DEPARTMENT FUNDING CERTIFIED BY RECOMMEND: for Environmental Services APPROVED: DELRAY BEACH, FLORIDA by its City Commission By: Mayor ATTEST: By: City Attorney City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~'-/~.- REGULAR MRRTING OF AUGUST 1, 2000 REVIEW OF APPEALARI.~. LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 27, 2000 Attached is the Report of Appealable Land Use Items for the period July 24th through July 28, 2000. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commassion. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/08.01.00 TO: THRU: FROM: SUBJECT: MEETINGOFAUGUST~,2OOO*CONSENTAGENDA* REPORTOFAPPEALABLELANDU$£1TEMSJULY24, 2000THRU JULY 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 July 24, 2000 through July 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 items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (6 to 0, Morris arrived late), of the initiation of Comprehensive Plan Amendment 2000-2. No Regular meeting of the Board was held during this period. No Regular meeting of the Board was held during this period. By motion, receive and file this report. £1T¥ DF DELRI:I¥ BER£H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAy BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 A~Amric~ C~ 1993 DATE: July 27, 2000 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: _Acceptance of Money from Gee & Jenson Concerning Knowles Park In 1997 the City contracted with Gee & Jenson for the design of a new boat ramp and associated facilities at Knowles Park. The design was for a flexible mat boat ramp. Construction conunenced in the summer of 1998 and was completed by October 1998. Almost immediately the City noticed problems with the ramp settling due to poor soil conditions. After many meetings between City staff, Gee & Jenson personnel and the Contractor, it was decided that the best course of action would be to remove the flexible mat boat ramp and replace it with a concrete slab boat ramp. The City went out to bid and replaced the flexible mat boat ramp with a concrete ramp in January, 2000. Gee & Jenson has agreed to pay to the City the amount of $42,000.00. This cost fairly represents the cost of design and the costs of construction of the flexible mat boat ramp and the demolition of that ramp. By copy of this memo to David Harden, our Office requests that this item be placed on the August 1, 2000 City Commission agenda. Our office recommends acceptance of this offer from Gee & Jenson. If this is approved we will prepare a release to be signed by the Mayor. Please call if you have any questions. CC: David Harden, City Manager Alison MacGregor Harty, City Clerk Richard Hasko, Director of Environmental Services Dan Beatty, Deputy Director of Public Utilities Howard Wight, Deputy Director of Construction MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~./9. - REGULAR MEETING OF AUGUST 1, 2000 AWARD OF BIDS AND CONTRACTS DATE: JULY 28, 2000 This is before the City Comtmssion to approve the award of the following bids and contracts: Purchase award m the mount of $34,531.83 to Safety Equipment Company, via City of Orlando Agreement, for the purchase of 32 sets of firefighting protective gear (coat and pants), with funding in the amount of $2,150.41 from 001-2313-522-52.22 (Fire/Highland Beach - Uniforms/Linen Service), $31,131.82 from 001-2315-526-52.22 (Fire Operations - Uniforms/Linen Service), and $1,249.60 from 001-2317-522-52.22 (Fire Safety - Uniforms/Linen Service). Purchase award in the amount of $11,722.00 to JC White Office Furniture, via State of Florida contract, for the purchase of workstations and lateral files to complete the City Clerk's Office renovations, with funding from 001-1411-512-64.10 (City Clerk - Office Furniture/Fixtures). Recommend approval of the purchase awards listed above. Ref:Bid.Agmemo.08.01.00 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Superviso~ Milena L. Walinski, CGFO, Acting Finance/'/Director"~/(/~~ July 27, 2000 DOCUMENTATION - CTIY COMMISSION MEETING AUGUST 01, 2000 - PURCHASE APPROVAL FIRE FIGHTING PROTECTIVE GEAR FROM SAFETY EQUIPMENT VIA CITY OF ORLANDO AGREEMENT Item Before Commission: City Commission is requested to approve the purchase of thirty-two (32) sets of fire fighting protective gear (coat and pants) from Safety Equipment Company for a total cost of $34,531.84 via the City of Orlando Agreement #RFP97-323. Background: The Fire Department is requesting the purchase of thirty-two (32) sets of fire fighting protective clothing to enable the Fire Department to continue their replacement program. See attached memo dated July 21, 2000. This protective clothing is available from Safety Equipment Company via the City of Orlando Agreement #RFP97-323 which was awarded to Safety Equipment Company at a set discount (50%) from manufacturer list. A copy of the agreement is attached for your review. Safety Equipment has agreed to extend to the City of Delray Beach this pricing as stated on the attached letter dated 07/26/00 and their attached quote. Recommendation: Staff recommends approval of award to Safety Equipment Company for the purchase of thirty two (32) sets of replacement fire fighting protective clothing via the City of Orlando Agreement #RFP97-323 for a total cost of $34,531.84. Funding from account codes 001-2313-522-52.22 ($2,150.41), 001-2315-526-52.22 ($31,131.82) and 001-2317-522-52.22 ($1,249.60). Attachments: Memo from Fire Dept. Letter from Safety Equipment Co. City of Orlando Agreement [IT¥ DF DELRrI',' BEI:IgH FIRE DEPARTMENT DELRAY BEACH 1993 SERVING DELRAY BEACH · GULFSTREAM MEMORANDUM · HIGHLAND BEACH TO: FROM: DATE: SUBJECT: ROBERT BARCINSKI, ACTING CITY MANAGER M.B. WIGDERSON, ACTING FIRE CHIEF JULY 21, 2000 PURCHASE OF REPLACEMENT PROTECTIVE GEAR The Fire Department recommends awarding the purchase of thirty-two (32) sets of replacement fire fighting protective clothing from Safety Equipment Company in the amount of $34,531.84 per City of Orlando bid #RFP97-323. This purchase will enable us to continue our replacement program. MBW/tw M.B. Wigderson Acting Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Pt620U0~ City Of Del~ay Be~ch Florida Requisition number: 0000081583 Buyer Processing T~pe information, press Enter. Type (F4) .... 1 PURCHASE REQUISITION Reason ..... ~URCHASE REPLACEMENT PROTECTIVE CLOTHING By ......... WHEATLEY T. REQUEST JACKE Date ......... 071900 Vendor number .... 706950 Name (F4) . . . SAFETY EQUIPMENT COMPANY Search type . . . B=Begins with, C=Contains Contract nbr (F4) . . Ship to (F4) ..... S1 FIRE HEADQUARTERS Deliver by date .... ~-~3100 Fiscal year code . . C C=Current year, P=Previous year, Ty~e options, press Enter. 1=Select for P.O. 2=Change 4=Delete Opt Line# Quantity UOM Description 1 32.00 EA COAT 2 32.00 EA PANTS 7/27/00 09:12:22 F=Future year 8=Extended description Unit Cost 644.3600 434.7600 9=Quotes Ext Cost 20619.52 13912.32 F3=Exit F8=Req quotes CO~ENTS EXIST F4=Prompt F6=Add item F9=Generate P.O. F12=Cancel Total: 34531.84 F7=Alternate view F24=More keys July 26,.2000 10:20 AM From: Carter Hall Fax #: 954-434-5820 Page 1 of I Safety Equipment Company Public Safety Division July 26, 2000 To: Tammy Wheatley Delray Beach Fire Rescue From: Carter Hall Safety Equipment Company Subject: Price Extension Tammy, This is to confirm that Safety Equipment Company will honor the Morning Pride pricing you have on orders received in 2000. Your pricing is based on the Orlando bid which is a set discount (50%) from manufacturer list. Under this you are price protected according to the Morning Pride 2000 price list. For any orders which will be in the year 2001, we can furnish you with a appropriate Morning Pride price list (when it is published) or we will be happy to price it for you according to the Orlando bid. If you have any questions, please don't hesitate to call me. Safety Equipment Company ~ Public Safety Division , Tampa, Florida (888) 263-5319 , (813) 622-7554 , Fax: (813) 621-7413 ~.ooa 9,1745400?$ .To'co. lF~ra Group Morning Pride Mfg BPRTOSZ5G 8PRI-[LE ~P'RTMB7 CNDC-2BG cFCC~-25G CCFCC-25G IPLC PKTLSTD TLW TRPF1-TL LTBACK-2~G LT~I 1-SL LT2SO?-~. CI. ZV1-2§G LNDAPCE CFSHC~-2S~ ~ATU-NONE PKHBLN-2~G PKBLC-¥1 PKRCF-KV PKMC~-25G 8PR~r/' Tldl$ Gldn Brow 526.76 BPR- TUils out~' shell 8~fll - ~d~ Br~ 173.24 BPR- Teal 1 LWer 8ao~i~dura Co~ F~h 249.58 BPR- Tails ~uM~99 ~N~ ~M-~n~ de~ab~ O.00 Coat ~ - ~soN ~ ~n 0.~ 8M-I~n Po~ L~r ~-Uner I~ ~ket ~d-N~;-T~ long Pro~ Fires ~ -tjme 2-Tone 8c~cNiM 8ack Patch - H~ofd Golden DELRAY BF, aCH · 11 -3' ~ewn ~ -lima -ea-,~tZ:~llle Hem ~ - Ba~ofll Goiderl B~vn Ft= LAST NAME or 1st INITAL * LAST NAME - avo 7 letters -? -2' sewn la, em 4ime ScMchlite 1.5' VelCro/ZIpper cast dor. ure Dead Air Panda Extended - co~t Shingle cuff, - ~ewn - Basoal Garden ~ No take up str~oe off lail ca~t Half Hi Bmtlowa i;x~cksts-Gasofd Golden Brown -3 v~C~l sb'ips velC;zo ~n ~lep~ll vedcro on pocket 4ined with - Ko. ar · MIC: Cord Sttapw~Velcm :" 1- z 4-. 4. ~vn from tap of ahiel~ PKMT.25G PKMT-LC PY, MT-?,.SG PKMT-RC PKRD-2~G pKRD-LC PKFSV-25G PKFC-RC Fluhlight SUap Onty - wi Ve~o directly bel~nv chest trim - etn~ to be 9" long · right cheat 86.79 12.34 22.33 12.34 12.18 10.01 19.90 4..66 0.00 67.60 1.10 9.59 11.07 6.40 0.00 5.40 0.00 32.$7 0.00 10.99 0.00 ~0 BD~d 03 IN~In~B ^IB~S §T889~9~T8 9S:Sg ~GGT/90/Tg 08:40 FA~ J$7454007~ Exolm~: N~Xl ptfce I~e Freight; VV~# be yO~r re~oonsltgWy o~lve~. 90-120 Day Est HWCH1 page £O 39~d OD £NMNdIR03 A±MHVS ~IBBgg9£T8 9G:§0 ~661/90/I0 Next pric~ Oellyery: ~-'~0 Dey BPRPO~25G ~RPTLE BPRPMB? CLNFV1-2$G IPI,.P LNOP PK~OS TRCS3-TL KNHCR-14~ CFAN-25Q SATUP2-25G PKBLP~SG PKRPF-KV OPPL03 · NO Me~IC~I Records Pocket ' * 3-Cuff&2'$a~m-Ume2-Tene 3¢otc~ile · Heat Channel K~ees mgl__-,'~-__ble -Advance black A~gled Cuffs - pants - Basofll ~ 8mw~ Take up Suap$ Z postm~ - C.~ Bmw~ Be$ofli Bellows po~e~s - pant~ - Basoffi Gok:len Brown · Sew liMz I~bel on M! aides T~,II LIr, t prise of $1~C = 296.21 126.07 183.70 0.00 0.00 0.00 0.00 40.g2 1~1.$0 10.50 20.60 9.59 4~I 4~00 Request to be placed on: __X Consent Agenda When: AGENDAITEM NUMBER: AGENDA REQUEST A~BSmr~)., 2000 SpecialAgenda Date: July 18, 2000 __ Workshop Agenda Description of agenda item: Request City Commission's approval on the purchase of thirty-two (32) sets of replacement fire fighting protective clothing from Safety Equipment Company as budgeted in current budget year. Amount of this purchase is $34,531.84 and we will piggy back the bid from the City of Orlando. ORDINANCE/RESOLUTION REQUIRED: YES Attached: YES NO X NO Recommendation: Approve purchase of fire fighting protective clothing. Robert B. Rehr, Fire Chief 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') X No Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) 001-2313-522-52-22, 001-2315-526-52-22,001-2317-522-52-22 ($2,150.41) ($31,131.82) Uniforms and Linen ($1,249.60) City Manager Review: Approved for agenda: e~ ~/~'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Milena Walinski, Acting Finance Director DATE: July 27, 2000 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, AUGUST l, 2000 PURCHASE AWARD OF OFFICE FURNITURE FOR THE CITY CLERK'S OFFICE FROM JC WHITE OFFICE FURNITURE ITEM BEFORE COMMISSION: The City Commission is requested to approve the purchase award of workstations and lateral files for the City Clerk's Office from JC White Office Furniture for a total cost of $11,722. BACKGROUND: The purchase of these workstations and lateral files for the City Clerk's Office, Deputy City Clerk's Office and the Records Management Office will complete the renovations to that office. The total cost of the purchase is $11,722 per pricing off the State of Florida Contract No. 425-001-97-1. A copy of the quote from JC White Office Furniture is attached for your reference. Barbara Garito, Deputy City Clerk, recommends award to JC White Office Furniture for this purchase per the attached memo dated July 25, 2000. RECOMMENDATIONS: The Purchasing staff recommends the purchase award to JC White Office Furniture for the purchase of workstations and lateral files for a total cost of $11,722 per the State of Florida Contract No. 425-001-97-1. Funding for this purchase will be taken from account number 001-1411-512-6410. Attachments cc: Jacklyn Rooney, Purchasing Supervisot-~' Barbara Garito, Deputy City Clerk MEMORANDUM TO: FROM: Jennifer Schillace, Buyer Barbara E. Garito, Deputy City Clerk DATE: July 25, 2000 SUBJECT: Purchase Award - J.C. White Office Furniture Attached is the proposal from J.C. White Office Furniture for the workstations and lateral files to complete the renovations to the City Clerk's office. This proposal is via State Contract. During FY1999, J.C. White was awarded the first phase of our office renovation which was completed to our satisfaction and phase two completes the outer offices which includes the Records Management, City Clerk's and Deputy City Clerk's offices. The colors will remain the same, blue panel fabric with green tack strips, maple work surfaces and beige trim. I recommend that we make a purchase award to J.C. White Office Furniture, via Florida State Contract, for a total cost of $11,722.00. With the attached budget transfer, funding will be available in 001-1411-512-64.10. Estimated time of deliver is 4-6 weeks upon approval by City Commission; therefore, I am requesting that this item be place on the August 1, 2000 agenda. DELRAY-B.$1F CITY OF DELRAY # Mfg Q~._ Pa~t # CUSTOMERS Description I Options 1 HAN I 5340-5618 HARDWARE,PKG,TASK LIGHT,VSU BARBARA 2 HAW 1 AKP-13 AKP W/PALM REST,SLIDINGMOUSE PAD BARBARA 3 HAS 1 M221-1742 HB SYNC,PNEU,POLY SHELL MOLDED ADJ ARMS,HARD CASTR BARBARA 4 HAN 1 NAC-18 pENCIL DRAWER BARBARA 5 HAN 1 NFBL-2460 BRIDGE - LAMINATE TOP,DESK HGT24" X 60" BARBARA 6 HAN 1 NFDL-3072-1HR PEDESTAL DESK- LAMINATE TOP 30" X 72" BARBARA 7 HAN I NFKL-2438 CORNER - LAMINATE TOP 24" X 36" BARBARA 8 HAN 1 NFRL 2436-1HL RETURN,DESK HEIGHT,LAMINATE 24" X 36" BARBARA 9 HAN I NFUS-3350 vERTICAL STORAGE,STEEL DOOR BARBARA 10 HAN 1 NLFS 0336-1FH 3 HI LATERAL FILE - 38" STEEL FRONT BARBARA 11 I-lAN 1 NLFS-0342d FH 3 HI LATERAL FILE - 42" STEEL FRONT BARBARA fl6:21:01 Unit Extended 0 00 0.00 149.88 149.88 292.84 292.84 18 56 18 56 197.66 197.68 517.03 517.03 244.50 244 50 330.73 330.73 471.61 471 61 310.50 310,50 35592 35592 J.C. WHITE OFFICE FURNITURE, WEST PAt M BEACH Page 1 0~/27/2000 0B:52 5B18488219 JC WHITE PAGE OB DELRAY-~.SIF CITY OF DELRAY # MfO Qty_ 12 HAN 1 BARBARA CUSTOMERS Part # Daacription I Options VARIABLE INTENSITY TASK LIGHT 00 INCHE~ NTV-OD ~ 13 HAN 1 NVT~I VERTICAL STORAGE UNIT TEMPLATE BARBARA 14 HAN 1 5340-5618 HARDWARE,PKG,TASK LIGHT,VSU ALLISON 15 HAW 1 AKP-13 AKP W/PALM REST,SLIOINGMOUSE PAD ALLISON 16 HAS 1 M221-1742 HB SYNC,PNEU,POLY SHELL MOLDED ADJ ARMS,HARD CASTR ALLISON 17 HAN 1 NAC-18 PENCIL DRAWER ALLISON 18 HAN I NEBF 1 ALLISON ENH BASE FEED,HARDWARE CONN.VI NYL-CLAD CONDUIT POWER RECEPTACLE - TRIPLEX BOX OF 6 19 HAN 1 NER-1 ALLISON 20 HAN 1 NFBL-2448 BRIDGE - LAMINATE TOP,DESK HGT24" X 48" ALLISON 21 HAN 1 NFDL.3072 1HR PEDESTAL DESK LAMINATE TOP 30"X 72" ALLISON 22 HAN I NFKL-2436 CORNER - LAMINATE TOP 24" X 36" ALLISON 43 93 43.93 31.87 31.87 177.43 177.43 517.03 517 03 244.50 244.50 18.56 18 S§ JC. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 2 16:21:01 Unit Extended 99.62 99.62 3.71 3.71 0.00 0.00 149.88 149.88 292.84 292.84 0~27/2000 09:52 5618488219 JC WHITE PAGE 07 CUSTOMERS Descrll)tlol~ / Options RETURN,DESK HEIGHT,LAMINATE 24" ×60" 358.41 358 41 DELRAY~B.$1F CITY OF DELRAY # Mf~ Qb/ 23 HAN 1 ALLISON Pa~t # NFRL-2460-1JL 6-26-2000 16:21:01 J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 3 33 HAN 1 NMFF-8036-SP ENH PREMISE MONO PANEL,BOHX36W ALLISON HAN 2 ALLISON 24 HAN I NFUS-3348 VERTICAL STORAGE,STEEL DOOR 34"X 48" 394.00 394.60 ALLISON 25 HAN 2 NL2P-80-S ENH 2-WAY CONNECTOR,FULL CONN, FULL COVER-PNT,80H 42.69 85.38 ALLISON 26 HAN 3 NLFS-0330 1FH 3 HI LATERAL FILE - 30" STEEL FRONT 269.34 808 ALLISON 27 HAN 2 NLFS-0430-1FH 4 HI LATERAL FILE - 3~3" STEEL FRONT 340.67 681 34 ALLISON 28 HAN 1 NLFS-0436-1FH 4 HI LATERAL FILE - 36" STEEL FRONT 4O3 12 403.12 ALLISON 29 HAN 2 NLRP-90-S ENH END-OF-RUN CONNECTOR,FULL CONN, FULL COVER-PNT,80H 19.18 38.36 ALLISON 30 HAN 2 NLSS-80 ENH STRAIGHT CONNECTOR,FULL HGT,80 Ih 15.47 30.94 ALLISON 31 NAN 2 NMFF-8024-SN ENH PREMISE MONO PANEL,80NX24W 167.99 335.98 ALLISON 32 NMFF-8030-SP ENH PREMISE MONO PANEL,80HX30W 213.16 42632 235.43 235.43 Unit Extended DELRAY-B.$IF CUSTOMERS CITY OF DELI[AY # Mt'g Qty Part # Description / Options 34 HAN I NSRL 1 CORNER SUPPORT BRACKET - LEFT ALL[SON 6-26-2000 16:21:01 Unit Extended JC. WHITE OFFICE FURNrTURE, WEST PALM BEACH Page 4 2.47 2.47 35 HAN 1 NSBR-1 CORNER SUPPORT BRACKET - RIGHT 2 47 2.47 ALLISON 36 HAN 2 NSF-1 FLUSH MOUNT KIT 5.88 11.76 ALLISON 37 HAN 3 NTL-30-T TASK LIGHT - 30" 53.21 159.63 ALLISON 38 HAN I NTL-48-T TASK LIGHT 4B" 59.09 59 09 ALLISON 39 HAN 2 NUSS-30 30" REGULAR SHELF 47.95 95.90 ALLISON 40 HAN I NUSS-36 38" REGULAR SHELF 49.81 49 81 ALLISON 41 HAN 4 NVSH-64 ENH WALL TRACK,64H 11.45 45.80 ALLISON 42 HAN 1 NVT-1 VERTICAL STORAGE UNIT TEMPLATE 3.71 3.71 ALLISON 43 HAN 3 NWRL-2430 LMNT WORKSURFACE - REGULAR 24" X 30' 57,23 171.69 ALLISON 44 HAN 1 NWRL-2436 LMNT WORKSURFACE ~ REGULAR 24" X 36 63,42 63.42 ALLISON ~6~2772000 09:52 56184882]~ JC WHITE PAGE 09 DELRAY-B.61F CUSTOMERS CITY OF DELRAY # Mf[~ O~_ Part # Deecdptlon / Options 45 HAN 1 ALLISON NWRL-2455 LMNT WORKSURFACE - REGULAR 24" X 66 45 HAJ 3 LSET-3 STANDARD LOCK PLUG & KEY LOCK SET ALLISON 47 HAW 1 AKP-13 AKP W/PALM REST,SLIDINGMOUSE PAD TIM'S 48 HAS 1 M221-1742 HB SYNC,PNEU,POLY SHELL MOLDED ADJ ARMS,HARD CASTR TIM'S 4g HAN 1 NAC 18 PENCIL DRAWER TIM'S ~0 HAN I NFBL-2442 BRIBGE LAMINATE TOP,DESK HGT24" X 42" TIM'S 51 HAN 1 NFDL-2472-1JR PEDESTAL DESK LAMINATE TOP 24" X 72" TIM'S 52 HAN I NFDL-3072 1HL PEDESTAL DESK LAMINATE TOP 30" X 72" TIM'S 53 0 ALL PANELS ARE GRADE A FABRIC 54 JCW 1 D&I DELIVERD AND INSTALL(B-5-M-F) Totals Customer 11722.00 I HAVE RL~'VlEWED, UNEI AND APPROVE THE Signature J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 5 6-2G-2o0o 16:2'~:Ol Unit Extended 114.16 114 16 ~TY 3) 0,00 0.00 149,88 149.88 292.84 292 84 18.56 18 56 165 01 165.01 466.64 466.64 5~i7,03 517.03 0.00 0.00 1065.63 1065.63 ~BTANO, iTEMIZED IONS.. AGENDAITEM NUMBER: ~.~ ~. Request to be placed on: XX Consent Agenda When: August 1, 2000 Description of agenda item: AGENDA REQUEST __ Special Agenda Date: July 27, 2000 __ Workshop Agenda The City Commission is requested to approve the purchase award of workstations and lateral files from JC White Office Furniture for a total cost of $11,722. This purchase will complete the renovations to the City Clerk's Office. Pricing is per State of Florida Contract No. 425-001-97~1. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve purchase of workstations and lateral files from JC White Office Furniture for a total cost of $11,722. This purchase will complete the renovations to the City Clerk's Office. Pricing is per State of Florida Contract No. 425-001-97-1. Funding will be taken from 001-1411-512-6410. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until: (if applicable) No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM C~. ~. - REGUI.AR MRF, TING OF AUGUST 1, 2000 PARKING MANAGEMENT ADVISORY BOARD RECOMMENDATION DATE: ON BEACH PARKING LOT CLOSING TIME JULY 28, 2OOO I agree with the Parking Management Advisory Board that the Marriott lot should be open until 10:00 p.m. While the lot closes to the public at dusk, it is not really closed since it is open to and used by patrons of the Marriott after it is closed to the public. However, I recommend that the Comrmssion take no action on the recommendation to open the Sandoway lot until 10:00 p.m., and dkect staff to gather more reformation on the actual demand for additional beach parking in this area during the evening hours. The data presented by Mr. Warner indicates that there is plenty of beach parking available after 5:00 p.m. and, therefore, no reason to open the Sandoway lot. Casual observation by Chief Overman is also that there is ample parking available after 5:00 p.m. Unless otherwise directed by the cornnUssion, we will also change the closing times for the other beach parking lots to 8:00 p.m. during Daylight Savings Time and 6:00 p.m. during Standard Time. Ref:Agmemol 0.Beach Parking Lots [IT¥ I)F DELRI:I¥ BEI:I£H DELRAY BEACH Ail-America City 1993 TO: FROM: DATE: 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444-561/243-7000 MEMORANDUM David T. Harden, City Manager  Robert A. Barcinski, Assistant City Manager July 27, 2000 SUBJECT: AGENDA ITEM - CIIY COMMISSION MEETING AUGUST 1,2000 REQUEST/BEACH PARKING LOT CLOSURE Action City Commission is requested to consider a recommendation from the Parking Management Advisory Board (5-1) to set the closing time for the Sandoway Park lot and Marriott lot at 10:00 p.m. as a trial from August 7, 2000 through January 31,2001. Back_around At their meeting, held on July 25, 2000, the Parking Management Advisory Board reviewed Ms. Slavin's request to set a definitive time for closing of the beach parking lots. She requested closing time of 10:00 p.m. Ms. Slavin felt the current policy of closing the parks at dusk was unrealistic, confusing to citizens, and vague. Beach parking lot closing times are set administratively as approved by City Commission. The existing policy states that these lots will be closed at dusk. In practice they are closed approximately 30 minutes after sunset which changes throughout the year. Attached is a letter received from Ms. Slavin, as well as, letters of opposition from Mr. Kevin Warner and the Beach Property Owners Association, which were reviewed by the Board. After considerable discussion, the Board, on a 5-1 vote, recommended that the Sandoway lot and Marriott lot be closed at 10:00 p.m. as a trial through January 31,2001. The Board indicated that if approved, data as to parking availability and use of parking along A-1-A and in the lots be developed for use in deciding whether to continue the 10:00 p.m. closure time. The Board also indicated that the City continue to try to obtain joint use of surface parking in the area that might be used for employee parking. They felt that if a solution to employee parking east of the Intracoastal was obtained approximately sixty (60) spaces along A-1-A might be freed up for citizen use. THE EFFORT ALWAYS MATTERS SubJect:AGENDA ITEM - CITY COMMISSION MEETING AUGUST 1. 2000 REQUEST/BEACH PARKING LOT CLOSURE Date: July 27, 2000 Page: Two (2) Although, the Board did not recommend set closing times for the other beach lots they did not object to an earlier closing time for the Atlantic Dunes, Anchor Park and Ingraham lots. The Beach Property Owners Association recommended 8:00 p.m. closing during daylight savings time and 6:00 p.m. closing during standard time for all the lots. Staff recommendation was to close the Sandoway and Marriott parking lots at 9:00 p.m. versus the 10:00 p.m. time recommended by the Board. We would suggest a specific closing time for the other beach lots as recommended by the Beach Property Owners Association. The purpose of setting specified times for beach parking lot closings would eliminate the ambiguity of the current policy of closing these lots at dusk. Alternatives Based on the above information and back up, below are listed various options for City Commission consideration: · Approve the Parking Management Advisory Boards recommendation far a 10:00 p,m. closing time for the lots specified, · Approve staff's recommendation for a 9:00 p.m, closing time for the lots listed. · Approve the Beach Property Owners Association recommendation to close the lots at 8:00 p.m. during daylight savings time and 6:00 p.m. during the winter months. · Approve closing the Marriott lot only at 10:00 p,m. or later as recommended in the Rich and Associates report and all other lots as recommended by the Beach Property Owners Association. Or · Delay any change in policy until data that covers at least part of the season is collected and analyzed, I think any alternative selected should be on a trial basis through January with data collection on parking utilization required. Recommendation Staff recommends consideration of the Parking Management Advisory Boards recommendation to close the Sandoway and Marriott parking lots at 10:00 p.m. as a trial from August 7, 2000 through January 31, 2001, with the closing of other lots per the Beach Property Owners Association recommendation. As in alternate I would recommend closing the Marriott lot only at 10:00 .m. or later and set closing times for the other lots per the Beach Property Owners SubJect:AGENDA ITEM - ClIY COMMISSION MEETING AUGUST 1. 2000 REQUEST/BEACH PARKING LOT CLOSURE Date: July 27, 2000 Page: Three (3) Association recommendation. We also recommend that a survey of parking space utilization on A-1-A and the parking lots be conducted during the trial period. RAB:tas FIle:u:sweeney/agenda Doc:beach parking lot closure ADMI tlSTR TIV £ $£R I/IG£$ MF M O LIM TO: FROM: DATE: SUBJECT: Parking Management Advisory Board Members ~obert A. Barcinski, Assistant City Manager July 21, 2000 Agenda Item - Request to Consider Specifyin,q Closing Times/Beach Parkin.q Lots ACTION: The Board is requested to consider a request received from Ms. Jay Slavin on behalf of citizens to specify closing times for beach parking lots. BACKGROUND: Ms. Slavin appeared before City Commission at their 7/11/00 meeting and requested City Commission consider specifying definite closing times for the beach parking lots versus the current practice of closing the lots at sunset. She is suggesting a closing time of between 9PM - 1OPM. She feels the current policy is vague. Beach parking lot closing times are set by administrative policy as approved by City Commission. The existing policy states that the beach parking lots will be closed at dusk. In practice the lots are closed approximately % hour after sunset. One (1) park ranger is assigned to dose all city parks. Beach lots are to be closed first. The closing times are approximate. Under current policy lots are closed at varying times throughout the year. In the summertime (daylight savings time) the lots are open later. Right now, they are not closed until approximately 9:30PM. In the winter months of course when we are the busiest, the lots close very early, approximately 5:30-6:00 PM the shortest days of the year. Through observation, it is noted that at this time of year there are generally plenty of parking places along A-1-A. In winter parking becomes more critical. Attached is a letter from Ms. Slavin along with the survey she took supporting her request. Also attached is a letter received from Kevin Warner in opposition to this request. PARKING MANAGFaMENT ADVISORY BOARD AGENDA ITEM -- REQUEST TO CONSIDER SPECIFYING CLOSING TIMES/BEACH PARKING LOTS PAGE 2 ~ certainly agree with Mr. Warner that at this time of year in the early evening hours there is plenty of parking along A-1-A. I have concerns about availability in the winter months. I also think a set time for closing dudng the entire year would be easier for residents to comply with. These lots are now opened until about 9:30PM. RECOMMENDATION: Staff recommends consideration of approval of the request as a trial basis for six months, through January 2000 with a closing time of 9:00 PM. You may also want to limit it to certain lots. RAB:ags Attachments Cc: Jay Slavin Joe Weldon Kevin Warner July 21, 2000 Memo to City Manager Bob Barcinski and the Pelray Parking Board From Jay Slavin Subject - Beach Parking Delray Beach has approximately3~'6 angled meter parking spaces on AiA facing the beach Sandaway has the following metered spaces: 134 regular 10 volunteers 6 handicap 2 staff Ingraham has 36 regular 3 handicap and 8 staff Marriott have 28 regular 14 permit spaces and 2 handicap Meters do not need coins at~er 6 PM It is obvious that Delray has ample beach parking however, the problem is the closing of the above three lots which has a sign saying closed at "dusk" with no time designated. The term dusk is vague and uncertain to residents. There must be a definite time. Boyton Beach Has a $10.00 permit for residents and charges $5.00 for each car for non- resident. The park is open from sunrise to 10 PM from Oct. 1st to Sept 30 and to 11PM during June, July, Aug, Sept. Boca Raton has three publci beaches - South Beach, Red Reef, and Spanish River and is open from sunrise to sunset every day. The sunset time is posted daily with exact time. They have aresident charge of $27 per year and chargre $7 weekdays and $9 weekends. Red Reef Park is open all year round from sunrise to 10 PM We have an additional problem of employees (approximately 60) who take the street spots so otheer beach goers are deprived of parking if they want to stay later than "dusk". We have to provide empoyee parking or open the park spaces to 10 PM daily all year round. What we have now is very unfair and discourages residents from walking the beach or eating there. Its been very hot summer and people are hurting. 248 Venetian Drive Delray Beach, FL July 17, 2000 Honorable David Schmidt, and Delray Beach City Conmfissioners: Dear Mayor: I strongly oppose opening the parking lots at Sandoway Park and Ingraham Park at night. In the absence of supporting, docmnentable evidence to justify the need, I believe it would be a gross intrusion on nearby residents, who treasure as we ail do, whatever degree of peace and quiet we have in our neighborhoods after 7:00 pm. As you recall, Delray Beach resident Jay Slavin spoke during the public comment period of the July 11, 2000 City Commission meeting. She said some residents from her part of town have difficulty parkingjvhen they visit the beach and xvish to stay beyond the posted closing times at Sandoway and Ingraham Parks; she noted that the posted "dusk" closing time is confusing. An article in the Sun-Sentinel on July 12 confilsed this issue by pointing a finger at unequal access to beach parking for Ms Slavin and friends. The Sun-Sentinel stated that "Before the meeting, several commissioners acknowledged tra}'fic and noise as valid concerns for residents near the parks. Still, they said, residents' worries needed to be balanced against the public's right to beach access." Note the term "right to beach acc ss. Further in the Sun-Sentinel, Vice-Mayor Archer is quoted: "I understand the fears of folks not wanting parking lots open late near their homes. But I also don't think we can deny parking privileges to our other residents. We need to study this so that we can come up w/th a solution that treats everyone equitably." Again the concept of "access," here described in terms of "denying parking privileges...to 9ther residents." Nothing in the current parking restrictions, location of meters, or availability of public parking spaces provides preferential treatment to any group of citizens, as suggested by the above newspaper article, or denies privileges to anyone. Vagaries of where residents live determine their relative ease of access to public facilities, such as the beach, only if they walk. If it's hard to park when driving to the beach, then it doesn't matter if you're coming from Rainberry Bay or from a condo on the east side of the Intracoastal. To suggest otherwise is counter-productive. This is no different than saying that I am not being treated fairly when I drive 5 miles to the Boys' Market on Military Trail and struggle to find a parking space there, compared to the resident who drives % mile to shop there, and therefore, gets better treatment than me. It's the same for us both, just like driving to the beach. The real issue, of course, is not where one lives, but the availability of public parking, and public parking that is clearly .signed and marked, a point Ms Slavin addressed. I submit that there is, and alvrays has been, equal access to plentiful beach parking after 5:00 pm, except on those occasions when a special event interferes. For yom' information, and in the interest of trafficking in facts and not emotion, I personally noted the following head couut of public parking spaces directly opposite the city beach: o 198 public parking spaces (not including 7 handicapped spaces and 7 for lifeguards) on A1A, from Casuarina Road to Beach Drive - the full length oflhe public beach. o 235 spaces iu the Marriott Hotel's underground parking garage: $2 for the first hour, and $1 per hour thereafter, to a maximum of $10 per day - open to the general public - hotel business not required to park here. Motorists can also valet park in this garage: $5 for up to 3 hours, and $8 for up to 8 hours, rates that are reasonable compared to the valet fees of $3 charged by the restaurants across the street from the Marriott along A1A. I counted the open spaces at these locations -- yes, all of them -- on 10 occasions recently, from last Wednesday through Sunday, between 5 and 6 pm and again between 8 and 9 pm each day. Not extensive data, .no doubt, but information that I hope you w/Il find useful in your deliberations. On average for these observations, the following number of parking spaces were empty: * 127 of the 198 alongA1A. e 150 of the 235 in the Marriott garage. These numbers impress me. In no way do they argue for a need to open residential parking lots at rfight. I hope you agree. Forcing scores of cars and their associated traffic noise and disturbances onto these · ~ l neighborhood streets after dark would be extremely unfair to residents, and surely wou d prompt them to question the wisdom of such a move. Especially if this sort of decision were to be made in the absence of legitimate justification. To those agreeing with Ms. Slavin's view that it is difficult to park near the beach I respond: there are plenty of spaces. If there is a problem with inadequate or poorly worded signs, then fix the signs; dumping more traffic onto residential side streets is not the answer. To restaurant owners on ^lA who lobby for opening these parks at night I say: convince us that you and your patrons have exhausted all existing parking resources nearby. Then, and only then, will it be appropriate to discuss ways of creating more public parking east of the Intracoastal. And in that vein, are any of these restaurants using the Marriott garage for their employees or patrons? If not, why? When the Commission convenes its joint workshop Tuesday night with the Parking Management Advisory Board, this issue may be on the table. Having observed the Commission and the Parking Board in the past, I know that they, together with city staff, perform remarkably well when they take the appropriate time to analyze information and investigate possibilities. That's why I place great confidence in Vice-Mayor Archer's approach, as noted above in her statement to the Sun-Sentinel: "We need to study this so that we can come up with a solution..." I encourage you all to gather information relative to the availability of parking in the beach area as you consider this persistent topic. Kevin Warner BEACH PROPERTY OWNERS' ASSOCIATION, INC. ~'~ ~ -~"~' - DELRAY BEACH, FLORIDA 33447 July 25, 2000 Mr. Robert A. Barcinski Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: Thank you for apprising us that you will be presenting a proposal to the Parking Management Advisory Board to revise the closing times of the Sandoway and Ingraham beach parking lots. Our views are as follows. The Beach Property Owners' Association is not convinced of any need to change the current practice, particularly in response to only a single uncorroborated complaint and without significant investigation or analysis. Many area parks have closed "at dusk" for years without problem and the nearby counW parks at Lake Ida and Gulfstream use "sunset." Nonetheless, we are on record with the members of the City Commission that we would not object to a specified closing time for the Sandoway and Ingraham parking lots, provided "it did not undermine the fundamental principle that these lots are not normally open after dartc.~ Under this standard, the proposal to delay closing of these parking lots until 9:00 PM is excessive. Even now, with longer summer days, it is dark well before that time. During the winter months, nights arrive earlier, while the end of Daylight Savings Time contributes to significantly earlier sunsets as well. If, however, after appropriate investigation and analysis, spedfic dosing times are deemed desirable, the Beach Property Owners' Association could support 8:00 PM in the summer (during Daylight Savings Time) and 6:00 PM in the winter (during Standard Time). These times would avoid any possible confusion, while precluding unnecessary disturbance of the peace and tranquility of the surrounding neighborhoods, as these lots are in the midst of residences. (Some of our residents have bedrooms 10 Feet from the edge of the parking lot.) For those who would wish to visit the beach after these times, there is ample Page 2 Robert A. Barcinski July 25, 2000 parking in the spaces along A1A. From extensive personal observation and from the reports of other Association members, it is clear that many of the 198 spaces along A1A are always available in the evenings, even at the height of the season (unless there is a special event). Thank you for affording us an opportunity to express our concerns. Please convey our views to the members of the Parking Management Advisory Board. Sincerely, Jo~ C.W. Bennett Vice President - Government Relations P.S.: The statement in materials prepared for the Board that the parking lots currently close at 9:30 PM is in error. For example, last night the lots were dosed by approximately 8:00 PM. In view of the approach of darkness, this closing time- is quite appropriate. TO: THRU: FROM: SUBJECT: DAVID,~. HARDEI~ Cl'r~' MANAGER PAUZ- D RL..G. ACT, D RECTOR OF PLA.. JEFFREY A. COSTELLO, PRINCIPAL PLAN~ MEETING OF AUGUST 1, 2000 PERMANENT STREET CLOSURE OF EVE STREET~ BETWEEN SOUTH FEDERAl HIGHWAY AND SPANISH TRAIL. On August 28, 1995, the Planning and Zoning Board approved a request by the Tropic Isle Civic Association for a temporary closure of Eve Street, with the condition that the barricade be placed east of the north/south alley. The current request is to permanently close Eve Street. The proposal submitted by the Association is to install a permanent barrier consisting of a white decorative aluminum fence with a 12' wide gate, a 3' wide pedestrian opening, and approximately 7' of fencing. The gate will be equipped with a knox box for Fire Department access. A flower box will be installed between the fence and the office development to the north. The Tropic Isle Civic Association will bear the costs incurred by the improvements, including materials, installation, and maintenance. Should the Association not properly maintain the barrier and/or associated improvements, the City will have the option to remove the barrier. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 17, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. Several members of the spoke in support of the request. However, there was a member of the public (Charles Powell) who requested that the permanent barrier be placed on the west side of the alley. He stated that trucks making deliveries to the adjacent shopping center park in the alley and block his driveway. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Carter & Eliopoulos absent) to recommend approval based upon findings that the closure enhances the stability of a residential neighborhood; mitigates the adverse impacts which exist between commercial and residential land uses; and controls traffic from non residential land uses through residential areas; with the following conditions: 1. That the permanent barricade be installed as presented, funded, and maintained by the Tropic Isle Civic Association; and, 2. That the Police Department ensures that the existing signage is properly installed and the Engineering Department ensures that there are no obstructions blocking the north/south alley west of the closure. By motion, approval of the permanent street closure of Eve Street, between South Federal Highway and Spanish Trail, based upon findings and recommendations of the Planning and Zoning Board. Attachment: P& Z Staff Report of July 17, 2000 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AGENDA ITEM: JULY 17,2000 IV.C. PERMANENT STREET CLOSURE OF EVE STREET, BETWEEN SOUTH FEDERAL HIGHWAY AND SPANISH TRAIL. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding the permanent closure of Eve Street, between Federal Highway and Spanish Trail. BACKGROU.D in 1995, the Tropic Isle Civic Association requested the temporary closure of Eve Street between Federal Highway and Spanish Trail. The problems as reported by the Association were as follows: Vehicles using Eve Street to bypass Federal Highway; Traffic volumes and speeding; Traffic from HRS offices to the north; Crime; and, [] Difficulty entering Federal Highway from Eve Street. On July 17, 1995, the Planning and Zoning Board held a public hearing regarding the closure of Eve Street. There were some mixed feelings by the Board regarding the closure. Some members supported the request, while others had concerns, which related to access to the fire hydrant; traffic volumes did not warrant closure; the association should pay the cost for the closure; and, the barrier should be installed east of the north/south alley. The item was continued in order to allow for additional information to be obtained regarding the levels of traffic going into the Tropic Isles neighborhood from the adjacent office complex (HRS offices), and to clarify the Fire Department's concerns regarding access to the fire hydrant. At its meeting of August 28, 1995, additional information was presented to the Board, which indicated approximately 4 vehicles per hour turn east onto Eve Street from the offices, heading into the neighborhood, and the closure could be designed to ensure adequate fire access, without the need to provide a hydrant on both sides of the closure. After discussing the proposal, the Board approved the request for closure on a temporary basis, with the condition that the barricade be placed east of the north/south alley. The current request is to permanently close Eve Street. The proposal submitted by the Tropic Isle Civic Association is to install a permanent barrier consisting of a white decorative aluminum fence with a 12' wide gate, a 3' wide pedestrian opening, and approximately 7' of fencing. The gate will be equipped with a knox box for Fire Department access. A flower box will be installed between the fence and the office development to the north. Planning and Zoning Board Staff Report Permanent Closure of Eve Street, Between Federal Highway and Spanish Trail Page 2 ANALYSIS Justification for Closure: Street closure requests are addressed on the basis of impacts on the immediate neighborhood and the City as a whole. Justification for approval of street closures is based on the ability to meet the following goals: [] enhances the stability of a residential neighborhood; [] mitigates the adverse impacts which exist between commercial and residential land uses; [] controls traffic from non residential land uses through residential areas; and, [] mitigates the improper use of substandard facilities. While the traffic counts for Eve Street did not appear to be excessive, there also appears to be little negative impact that have resulted from the temporary closure. Unlike the case SE 4th Street, there has been little, if any, resulting increases in traffic volumes on adjacent streets. The closure affects a street leading into a residential neighborhood comprised primarily of dead-end streets, therefore, through-traffic patterns will not be disturbed. Through traffic from the adjacent office development has been significantly reduced. In addition, there appears to be overwhelming consensus from the community for the closure. As the barrier will be a gate equipped with a knox box, there will be no need to have fire hydrants on both sides of the barrier, and therefore the Fire Department is supportive of the request. The Police Department is also supportive of the request. The Tropic Isle Civic Association will bear the costs incurred by the improvements, including materials, installation, and maintenance. As the proposal does not include removal of the existing street/asphalt, and the improvements are not extensive, the cost should not be exorbitant. Should the Association not properly maintain the barrier and/or associated improvements, the City will have the option to remove the barrier. Public Notice: Formal public notice has been provided to property owners within a 500' 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 homeowner's and civic associations: Tropic Bay Tropic Harbor Tropic Isles Tropic Isles Civic Association Presidents Council Progressive Residents of Delray (PROD) Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Permanent Ctosure of Eve Street, Between Federal Highway and Spanish Trail Page 3 ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend approval of the permanent closure of Eve street, between south Federal highway and Spanish Trail, based upon findings that it would help to enhance the stability of the neighborhood, mitigate the adverse impacts between commercial and residential land uses, and control traffic from non residential land uses through residential areas; with conditions. 3. Recommend denial of the permanent closure of Eve Street, between South Federal Highway and Spanish Trail, as the closure has failed to achieve its goals. Recommend to the City Commission approval of the permanent street closure of Eve Street, between South Federal Highway and Spanish Trail, based upon findings that the closure enhances the stability of a residential neighborhood; mitigates the adverse impacts which exist between commercial and residential land uses; and controls traffic from non residential land uses through residential areas; with the following condition: 1. That the permanent barricade be installed as presented, funded, and maintained by the Tropic Isle Civic Association. Attachments: ~ Location Map ~ Request Letter r~ Barricade Detail S:/P&Z/BOARDS/P&ZBOARD/EveStCIosure. DOC ; BANYAN TREE - ~ A T ~ EDGE D~LR~ Y LINTON BOULEVARD ROYAL ~ ~ANE BURGER MC Ck~A~ S~ DELR4 Y KING INDUSTRIAL PARK EVE STREET ~ TROPIC BOULEVARD DELRA Y LINCOLN MERCURY BOLENDER STREET OLDSMOBILE ALLAMANDA DRIVS II ED MORSE CADILLAC II BANYAN DRI~ CYPRESS DRIVE DELRA Y SHERWOOD PLAZA CKS N PERMANENT CLOSURE OF EVE STREET TKO IC i,J' L E CiViC ASSOCIATION P.O. Box 2473 Delray Beach, Florida 33447 May 11,2000 Ms. Diane Dominguez, A.I.C.P. Director of Planning & Zoning City of Delray Beach I00 N.W. 1st Avenue Deiray Beach, FL 33444 Re: Eve Street barrier application. Dear Ms. Dominguez: In the hope of keeping this community project as simple and unsophisticated as possible, while maintaining a dignified appearance, we submit the attached drawing for the beautification ora permanent barrier at the top of Eve Street. The barrier will consist of an attractive all aluminum 12-foot gate, a three- foot pedestrian opening, and approximately seven feet of fencing. The gate wiU be furnished with a "knots box" to provide access for the fire department. All of thc gate and fencing will be finished with a white hard coat f'mish. In addition to the above there wiU be a flower box extending from the fencing northward to a fence on the property of Linton Parmers, Ltd. Linton Partners has given us their verbal approval (with written approval to follow) for the placement of the flower box on their property and also to modify their irrigation system to facilitate the irrigation of the flower box. The Tropic Isle Civic Association appreciates your assistance in improving our community as we to' to maintain the beauty of our homes and neighborhood. Please advise as to what our next step should be in this approval process. Very truly yours, Tropic Isle Civic Association Cc: Board Member & Project Direr't~\' ~ q~'~ . Randal L. ~ejcarek P.E., City Encneer, C~' of Delrav B~ch Robert D~j~n, Pr~idenL Tropic Isle Citric A~ 'ssoc. ' ~chard Van Geme~ Proj~t Assismng Tropic Isle Civic Assoc. L F F r' CITY COMMISSION DOCUMENTATION TO: FROM: SUBJECT: DA.~,T. HARDEN. CITY MANAGER P~UUL~'~ORLING, A/I~'iNG DIRECTOR OF PLANNING & ZONING MEETING OF AUGUST 1, 2000 ** REGULAR AGENDA ** INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2000-2 ACTION REQUESTED OF THE CITY coMMISSIoN The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2000-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND The City is allowed to enact two amendments to its Comprehensive Plan each year. This will be the second amendment for the year 2000. This amendment generally focuses on updating maps, clarification of policies, deletion of achieved policies and two amendments to the Future Land Use Map. The items suggested for inclusion in the Plan Amendment are listed below: City initiated Future Land Use Map amendment from County C/5 (Commercial with residential density of 5 units per acre) to City GC (General Commercial) associated with the annexation of the 14.19 +/- acres Palm Court Shopping Center (SW corner of Linton Blvd. and Military Trail). City initiated Future Land Use Map amendment for 1.71 +/- acres in Block 36, Town of Delray, from CF-P (Community Facilities-Public Buildings) and LD (Low Density Residential, 0-5 units per acre) to GC (General Commercial). Modification of the map series to reflect new municipal boundary changes. Modification of Housing Element Policy A-7.2 to delete S.W 4th Avenue area from the list of redevelopment plans to be completed. Deletion of Housing Element Policy A-7.4 relating to expenditure of public funds within redevelopment areas. Similar language was deleted in Future Land Use Element Policy C- 2.1 with Comprehensive Plan Amendment 99-1. Deletion of Transportation Element Policy A-7.5 relating to opposition to the widening of Lake Ida Road. Modification of Transportation Element Policy A-6.1 to add a standard that encourages cross access between parcels. Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Initiation of Plan Amendment 00-2 Page 2 · Modification of Open Space and Recreation Policy A-2.7 to state that as part of the preparation of redevelopment and neighborhood plans, the City will evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. · Modification of Public Facilities Element C-2.1 to reflect completion of the required study and the City's annual ClP commitment to fund necessary remedial work. · Modification of Public Facilities Element C-2.2 to reflect completion of the required study and the City's annual CIP commitment to fund the necessary remedial work. Modification of Coastal Management Element Policy D-4.1 to specify the department or division responsible for the seawall ordinance review and clarify which seawalls are subject to public inspection. · Modification of the Future Land Use Element "Table of Contents" to note Policy C-2.2 has been deleted by Comprehensive Plan Amendment 99-1. SCHEDULE FOR REVIEW The tentative schedule for processing Plan Amendment 00-2 is as follows: Aug. 1, 2000 /nitiation b~/ Cit~/ Commission Aug 21, 2000 Planning and Zoning Board Hearing Sept 5, 2000 Cit~/ Commission Transmittal Pub~lc Hearing Oct. 23, 2000 Receipt of ORC Report Nov. 20, 2000 P&Z Adoption Hearing Dec. 5, 2000 City Commission Adoption Hearing Jan. 19, 2001 Effective date PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered the initiation request at their meeting of July 24, 2000. There was no discussion by the public and the Board unanimously recommended approval on a 6-0 vote (Morris arriving late). I RECOMMENDED ACTION I By motion, approve the initiation of Comprehensive Plan Amendment 2000-2, containing the material stated in this staff report. 157 3C AVENUE '~TRAL BUSINESS DISTRICT (CBD) BOUNDARY ~,%'~- PROPOSED EXPANSION AREA MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 9. ~). _ REGUI.AR MEETING OF AUGUST 1, 2000 CONTRACT ADDITION (C.O. #2)/REPUBLIC CONSTRUCTION DEVELOPMENT Cv'ETERANS PARK PLAYGROUND RF. BUILD) DATE: JULY 28, 2000 This is before the City ComnUssion to consider approval of a contract addition (C.O. #2) with Republic Construction & Development Corporation under the Veterans Park Restroom Modifications contract. The additional work encompasses the demolition and rebuilding of the fire damaged portion of the Veterans Park Playground. The recommendation is to award this contract addition pursuant to emergency purchasing procedures which provide that a contract of this size may be awarded without going through the competitive bid process when there is a situation which represents a sign/ficant health or safety hazard. Attached is a memorandum from the Director of Parks and Recreation requesting that we proceed along this line in the interests of m-ne and safety. Four prices were solicited from general contractors for this project, two of which responded. The recommendation is for Republic Consmaction & Development Corporation as the low bid. They have done work for the City in the past and currently have the contract for the Veterans Park Restroom Modifications project. Funding in the amount of $75,000 will be from 551-1575-591-45.50 (Self Insured Property Claims). The residual amount over $75,000 will be paid by insurance. Recommend approval of the contract addition (C.O. #2) with Republic Construction & Development Corporation for the Veterans Park Playground Rebuild project. RefiAgmemol 1.Contract Add.Republic Construction. Veterans Park Playground Agenda Item No. ?. ~). AGENDA REQUEST Request to be placed on: Date: July 28, 2000 X __ Regular Agenda __ Special Agenda __ Workshop Agenda When: August 1,2000 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O. #2) for $88,7860.00 to Republic Construction & Development Corporation to the Veterans Park Restroom Modifications (PN 96-40). The work encompasses the demolition and rebuilding of a portion of the Veterans Park Playground (PN 00-66). The playground burned back in May. Funding is from 551-1575-591-45.50 (Self Insured Property Insurance) for $75,000. The residual amount over $75,000 will be paid by insurance. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a Contract Addition (C.O. #2) with Republic Construction and Development Corporation in the amount of $88,760.00 for the Veterans Park, Playground Rebuild .~ /~ , /'7 ~ ~',~ Department head signature: ~_~...~(..~e~ ~....__~ ~ '7-Zy-c,~ '1 /[ ~ Dete~ination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~d on ~l~ite~ms involving Funding available: YES_~NO Funding alternatives (if applicable): Account No. & Description 55~ -~q~- Account Balance ~,~0~) City Manager Review: /7 Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: expenditure of funds): Approved/Disapproved s:\...\9959~agreq1116 [lTV I)F DELRI:iV BERgH DELRAY BEACH Ali-America City 1993 MEMORANDUM .561/243-?000 TO: FROM: David Harden City Manager Joe Weldon Director of Parks and Recreation SUBJECT: Veterans Park Playground - Bid Solicitation DATE: July 7, 2000 In order to expedite the repairs to Veterans Park playground which was severely damaged by fire on May 18, 2000, we are requesting that the formal advertisement/bid requirement of Code of Ordinance, Section 36.02(D) for acquisitions of $10,000 and up be waived as allowed by Section 36.08, Emergency Purchases. We consider the fire damage to present a serious "attractive nuisance/safety hazard." Bids would be solicited from four contractors. Three of the bidders (Republic Construction, GTE Builders and JMW Construction) have don9 work for the City. The other bidder, Paul Davis Systems, was the firm that reconstructed the Boynton Beach playground when it was burned. By waiving the bid requirements, approximately one month could be cut from the normal bidding/award duration. It is anticipated that bid packages could be distributed to the four contractors by July 11, 2000. Bids would be received in Purchasing on Friday, July 21, 2000. Howard Wight and Victor Majtenyi would coordinate these activities. It is anticipated that the contract award would be made at the July 25, 2000 City Commission meeting. As the bids will be greater than $25,000, we will require that a 100% Performance and Payment Bond be furnished by the successful contractor. The above scenario is acceptable to and has been coordinated with Risk Management and Gallagher Bassett, the City's third party claims administrator. THE EFFORT ALWAYS MATTERS ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard VVight Dep Dir ESD Cons~ctyh July 27, 2000 Contract Addition to Veterans Park Restroom Modifications (PN 96-40) for Construction of Veterans Park Playground Rebuild (PN 00-66) Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O. #2) for $88,760.00 to Republic Construction & Development Corporation to the Veterans Park Restroom Modifications (PN 96-40). The work encompasses the demolition and rebuilding of a portion of the Veterans Park Playground (PN 00-66). The playground burned back in May. Four prices from general contractors were solicited for the project. Three of the bidders, Republic Construction, GTE Builders and Ahrens Companies are currently working for the City. The fourth bidder, Paul Davis Systems, was the contractor who reconstructed the Boynton Beach playground after it burned. Republic Construction was the lowest of two bids received July 26, 2000 with a bid price of $88,760.00 and 90 calendar days to construct. One other price was received from Paul Davis Systems for $196,118.40 and 90 -120 days to construct. The other two bidders did not submit a price. Staff has reviewed the proposal submitted by Republic and feels that is fair and reasonable for the work to be performed. Republic has reviewed their bid and are confident that their bid is complete for the scope of work. Funding is from 551-1575-591-45.50 (Self Insured Property Insurance) for $75,000. The residual amount over $75,000 will be paid by insurance. CC: File 96-40 (A); 00-66 (A) Joe Weldon Frank Babin Victor Majtenyi s\...\0066~agmem0801 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 96-040 DATE: PROJECT TITLE: Veteran's Park Restroom Modifications TO CONTRACTOR: Republic Construction and Development Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Construct Veterans Park Playground Improvements (PN 0066) per plans and specifications SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT 1NCREASETHIS CHANGE ORDER 73.6 % TOTAL PER CENT 1NCRFASETO DATE 55.8 % $134,290.00 -$137753.00 $120,537.00 -$88,760.00 $209297.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Republic Construction and Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Funding is available from Account 551-1575-591-45.50 (Self Insured Property Insurance DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: ATTEST: By: Mayor City Clerk REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (561) 243-8330 FAX (561) 243-8039 1300 PARK OFCOMMERCE BLVD. SUITE 152 DELRAY BEACH, FL 33445 Proposal Veteran's Park Playground Fire Damage Rebuild It ITEI~ DESCRIPTION UNIT NO Base Bid ~ UNIT PRICE (in words) UNIT PRICE ~' c.c:~T';~,~ ~', ~,~_~ 1. Veteran's Park Playground Flro Damage Reconstruction Funush all necessary materials, labor, and equipment, for demolition,: ' removal/disposal of debris, end complete reconslruction of damagedplaygro#nd structure, complete as per , : ~ , plans and specifications. Dollars No E~.ENDED TOTAL PRICE 2. Indemnification B. Contingency Allowance` Is:;: Five Thousand ~, ,',., ;..,:. (:..Dollar~ -:?,.~::.,, * No . ". : i : : Cants Dollars No Cants .... '. 5,000.00 !10.00 ' ,, $ 5,000.00 · $" 10.00 Total Evaluated Base Bid ' Bid Items 1 through 2 ( in numbers) Bid Items I through 2 ( in WOrds); '*:~ Cents Dollars /Cents 14 DELPJkY BEACH FIRE DEPARTMENT INCIDENT REPORT 06172 I 01-00-004157-000 I 5/18/00 I THR. I 06:24 I 06:28 I 07:50 Situation found Action taken I Mutual aid Fixed property use Ignition factor PLJkYGROUND I IGNITION FACTOR LINDETERMINED OR NOT Incident address I Census tract 000802 NE 1ST ST, DELRAY BEACH, FL, 33483 I 0064.00 Occupant name I Telephone I Room or apartment VETERANS PARK D00607 Or;net name Address Telephone CITY OF DELRAY BEACH I 100 NW 1 ST, DELRAY BEACH, FL I (561~ 243-7251 Method of alarm District Shift No. alarms TIE-LINE 911I TELEPHONE TIE-LINE I 002 ] 001 I 1 I No. fire personnel I No- engines I No- ae~ials I No- other4vehicles 11 2 Number of injuries I Number of fatalities Fire service: 0 Civilian: 0 Fire service: 0 Civilian: 0 c°mplex IM°bile pr°party type RECREATION OTHER AREA OF ORIGIN NOT CLASSIFIED I NO EQUIP.INVOLVED I Form of heat ignition ] Type material ignited I Form material ignited I FORM OF HEAT OF IG INSUFFICIENT INFO FORM OF MATERIAL U Method of extinguishment Level of fire origin Est. loss PRECONlqECT/TANK WTR I I GR3kOE - 9 FEET A~OVE I 0 COOPER, GEOFFREY 5/18/00 NARRATIVE: Title Entered by employee Entry date Description playground fire COOPER, GEOFFREY 5/18/00 Dispatched to Veterans Pa~k flames showing. A~rived to find 25 percent of the playground structure involved with fire. Called for a second company and attacked the fire with 2 preconnect 1 3/4 lines.Called for fire investigator. Lt T. Garito unable to determine exact cause. Turned over to Parks Dept. to close area for repairs. Lt. T. Garito interviewed Paul Miller, Parks Empl. who arrived at 5:45 a.m. At around 6:00 a.m. noticed a red glare in mulch under play- ,round equipment. Called 911 to report the fire. No ignition source ound. Possible discarded cigarette. INVESTIGATOR'S REPORT GARITO, TIMOTHY 5/18/00 UPON ARRIVAL MADE CONTACT WITH LT.COOPER (1ST ARRIVING ENGINE CO.)WHO STATED THAT HE ENCOUNTERED WORKING FIRE IN THE PLAYGROUND EQIUPTMENT. HIS CREW PULLED TWO PRECONNECTED 1 3/4" HAND LINES AND ATTACKED THE FIRE FROM THE WEST SIDE. THE FIRE WAS QUICKLY EXTINGUISHED WITH NO INDICATION OF A/q ACCELER3~TED FIRE. DELRAY BEACH FIRE DEPARTMENT INCIDENT REPORT Title Entered by employee Entry date Description INVESTIGATOR'S REPORT GARITO, TIMOTHY 5/18/00 I INTERVIEWED PAUL MILLER (CITY EMPLOYEE). HE STATED THAT HE ARRIVED AT WORK AT APPROX. 5:45 AND DID NOT NOTICE A FIRE. A SHORT TIME LATER HE LOOKED OUTSIDE A/qD SAW A SMALL GLOW COMING FROM THE PLAYGROUND. HE WENT TO THAT AREA, FOUND A SMALL FIRE IN THE MULCH ~/NDER THE WALKWAY A/qD RETURNED TO CALL 911.HE SAID T~L~T AS HE SPOKE TO DISPATCH THE FIRE I.R. #2 GA~ITO, TIMOTHY 5/18/00 GREW VERY RAPIDLY. HE DID NOT SEE ANYONE IN THE AREA PRIOR TO THE FIRE. UPON INVESTIGATING THE FIRE I FOUND NO INDICATION THAT THIS WAS AN INCENDIARY FIRE. I PULLED SEVERAL BOARDS IN THE AREA OF ORIGIN AND FOUND SEVERAL CIGARETTE BUTTS IN THE MULCH. THE CAUSE OF THE FIRE IS POSSIBLY AN IMPROPERLY DIGUARDED CIGARETTE WHICH MAY HAVE SMOLDERED FOR SOME TIME PRIOR TO IGNITING THE FIRE. THE SCENE WAS DOCUMENTED AND PHOTOGRAPHED,THEN TURNED OVER TO TIM SIMMONS OF PARKS DIVISION. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~f~ AGENDA ITEM # t5~_~ REGULAR MEETING OF AUGUST 1. 2000 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: JULY 28, 2000 The terms for Roger DeCapito (landscape architect), Sharon Fowler (layperson), Francisco Perez Azna, (architect) Thuy T. Shutt (architect) and Arnold B. Smith(layperson) will expire on August 31, 2000. Mrs. Shutt has served two full consecutive terms and is not eligible for reappointment. Mr. Smith has served one full term and does not wish to be considered for reappointment. Ms. Fowler resigned from the board May 23, 2000. Mr. DeCapito was appointed on November 17, 1998 to fill an unexpired term. Mr. Perez Azua was initially appointed in August 1998 and has served one full two year term. They are both eligible and would like to be considered for reappointment. The term is for two years ending August 31, 2002. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. One member shall be a registered architect, one member shall be a registered architect or a registered professional civil engineer, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. The following individuals have submitted applications for consideration: John Baccari Ron Brito Salvatore G. Coco Roger B. DeCapito Deborah D. Dowd Gary P. Ellopoulos James c. Keavney Kenneth G. Peltzie Francisco Perez-Azua Rhonda P. Sexton Michael B. Sneiderman Nancy J. Stewart Timm R. Sweeney (currently on BOA, term expires 8/31/00, not eligible for reappointment) (incumbent) (currently on P & Z, term expires 8/31/00, not eligible for reappointment) (also applied for HPB) (incumbent) (also applied for HPB) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Mayor Schmidt (Seat #5), Commissioner Perlman (Seat ~1), Commissioner Archer (Seat #2), Commissioner Schwartz (Seat #3) and Comrmssioner McCarthy (Seat #4). Recommend appointment of five (5) members to the Site Plan Review and Appearance Board for two year terms ending August 31, 2002. p,m~,r Iaea  CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ( ( '7. List aJI CIO'. Bombs on which you are ca.,,,,r]y se~,~g or have previously served: ('Pl~a~e ~clude rimes) // I EducatiOnal qualiflcnllons: List an~ mlnmd ~,~f~ional garritication~ ~nd li~#s ~,,bt~ yo~ hold: that all the above sMtemen~ a~ ~, end I agree and uade~ang theg anF [~/~te~~e~ ~ ~nteined in ~ls a~l~on may ~ ~ttu~ u~n my ~a~ Note: ~ lpplicago~ x~,~.ll ~ oa ~ In ~ C'ffy Clerk's O:l~ce for · period of 2 ~ars f~om t~a date it submit~J. Il will b~ the q~li~.~'l t'~l)on~ibility to P.,~l~e that a current application is on fi]c. RECEIVED NAR 3 1 2000 CiTY CLERK F~g ID. : FRANCISCO PEIqEZ-AZUA, AIA AI~GKI?BGT 4ovoJopm~ of meuy ~.un~ch] nnd r~] pro. jec~ He ids deti~ lo,o00 pJus .¢ f D'ELRAY BEACH 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: Middle Initial 2. Home Address: /~4k City 3. Legal Residence City | ' State Zip Code 4. Principal Business Ad_dress~ .-- . ,~ . City .-... [ ' S~/ Zip Cod~ 5. Home Phone: ~[-~/,¢ 6. WhaLBoardfs) are 3;ou interested in_~e~ila~-? ' (',~ A , P'~z. 7. List all City Boards qn which you are currently serving or have previously served: (Please include dates) 8. Educational qualifications: 9. List any related profes?~.nal.certifications and licenses which you hold: 10.=qive your pre~ent,~r most recent employer, and pqsition: 1 I. ~scribe experiences, skills, ~r knowledge which q.ali~ yo~ to se~e on ~is board: (PIea~ a~ch a brief resume) ' ' / ~ hereby ee~i~ tha~ ~all the a~ove ~ta~ement, ard trbe, an~ ~ agree and Unde~tan~that any ~is~tatem~nt of ~atedal faet~ eo~tained in this appli~tio~ ~ay ca~$e fo~eit~re ~pon my pa~ of a~y appointment Z ~ay ~ ~ceive, ' ~ H~Y l, ~ ~ DATE/ / ITY CLERK Note: This application will remain on City Clerk's Office for a period of 2 years fi.om the date it w~ submitted. It will be the applicant's responsibility to ensure that a current application is on file. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please tyj~? or print Ih'e following infon.uado~n: __ ~ L~t ~::' 'Sneiderman ] ~e ~ichael Miaat~B. ~b20 Dali Mai ur~ve , ~oyn~on ~eacnl FL 33437 ~~ddre~s: .' -- ' I Oty ~ ~ ~ [ S~te Zi~ Code ' ~~12 S. Federal Highway ue~ray ~eaenl WL ~z~ 6. Whal Board(s),,eyou inte. re.ed in ~rving? SPRAB ~ all eib' Boards on whicli you are cun'cndy se~,ing oFl~&v~ pt~;i~m--Ty S~e-----'~a~jcase include d~ites) None ,.-7--~an;~,tr~a~s: Batchelor of Arts Degree in Economics -- University 'of ~6n~tifiht - 1967 ~y re!areal pm~~%s--~ional c'-~;ations anna li~,~w~fi~h~ou~,~ _ Ng~e_ at the3urrent tim_~ _ _ O_~r~_r_~_P_r_esident o~ sig.n*A*Rama of Delray Beach , I. l~elcdbe e×~rf~, i[-iiZor knowledge which qUa]l~y you lo serv* o;~'th'~-7-(Ple~ attad~ a brief re~ume) I~e had direct design & ~abrication involvement, as well as layout, installation, material choice, color'variationz & color scheming experience in literally thousands of signs over the last 5~ years in projects large and ~mall in scope. Included in my 'portfblio are the signs at the 01d School Square, First Night, Joint Venture, the Tennis Center, Delray's Golf Courses, etc., etc., etc. l'~ereby jertify that all thg,~-d~e~tatement"s are true, and I agree and understan[that any "' miS$catemen~of materla~'fact~ntalned tn this application may cause forfeiture upon my part qofe: '[!~'~$ appl;ca~i6n w~ U remain oa file h~ the Ci.v4, ,CI,_erk~'s Offi~"for s period of 2 ?ar~ fi. om the~&~e'it submitted, It will bc the applica~-~[~/[i~:~l~l~l~s~e tha~ a cun~t a~phcation ~$ on file. J U l 0 6 2000 CITY CLERK Aug- 17-98 10:59A landscape irrigation 561 I. l,a~Na~e: DeCapito Ilqam¢ Roger B. 2. Home A~: I ~ grote Zip 1421 Cormorant Road Delray Beqch FL 3~444 %. Le~m ~ce Ci~ S~ Zip Co~ ,4. ~nc~ ~ss A~s: ~t~ S~te ~p Cede 1116 Poinsettia Drive Delra~ Beach FL 33444 5. ~eP~;(561) 274-4821 ~B~m~sP~: (561) 279-9009 6. ~ B~,) ~ you in~,,~ ~ ~ing?, ,, ~,~.~ ~, .,,, - NONE Various ~s and CEU's on a~l types of landscape areas;.~.e, nat plants, pa~s, chemicals, design, planning, etc- 9. L~st ~y ~cl~ ~rof~ional ~6~s ~li~%{~s wa~ y~ ho[4: ~0:Giv¢ ~O~ ~nL or mo~ ~c~nt ~ploy~, ~ Co-owner of Bermuda Landscape b Design, Illc. Co-owner of Southeastern Irrigation, Inc. 1 I. ~C~ e~;cn~, ski/J~ or k~owJ~ which qual~ you 1o s~ o~ ~i~ bo~: ~l~se a~ich a b~efrcsumc) Please see attached ~G~A~ - ' ~O~e~ ~. D~~ ..... DA'~ Aug-17-98 10: 59A landscape irrigation 561 279 0091 P.03 ROGER B. DECAPITO 1421 Cormorant Road Delray Beach, FL 33444-1222 EXPERIENCE/SKILLS: Ten years experience dealing in the landscape industry from design to installation. Extensive knowledge of the long term effects of landscape material including native materials and their applications. As a result of my experience, I have first hand knowledge of current market conditions, material quality, and material availability. My experience also includes the maintenance of both com;nercial and residential properties relating to trimming, fertilizations, pesticide treatments, irrigation systems, As a result of my vast knowledge of plant materials, I am able to quickly access and determine the best application and usage in various environments. ~ '00'/0?/06 16:12 IHIBYR&~SERVIC£$ FAX:5614§93652 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION - ..oo1 Z~ Ple~e 1 Ml,t:ll~ laigll 3. ~ ~ CiW ~ Sine Zip ~e 4. ~p~ B~ A~ ~ S~o Zip ~e I he.by ~1~ ~at all the ~ve s~remen~ a~ t~e, and I eg~ ~nd unde~and ~at any ml~t~mznt of me~al ~ ~o~ln~ in ~Is appll~on mey ~use ~u~ upon my ~ eubmiu~cL Ii will tm the applicaat's mN~oastbility to easuee ~at a cu~eat al>plimaton is on file. RECEIVED JUL 0 6 2000 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~f~A2% AGENDA ITEM(~tt::7 REGULAR MEETING OF AUGUST 1, 2000 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD DATE: JULY 28, 2000 The terms for Dave J. Bodker, Susan Hurlburt, Mary Lou Jamison and John P. Johnson will expire on August 31, 2000. Mrs. Hurlburt and Mr. Johnson have both served two full successive terms and are not eligible for reappointment. Mr. Bodker was appointed on October 19, 1999 and Mrs. Jamison was appointed on April 20, 1999, both to fill unexpired terms. They are eligible and would like to be considered for reappointment. Attendance records are attached. The term is for two (2) years ending August 31, 2002. To quahfy for appointment, a person shall either be a resident of or own property in the City, and/or own a business within the City. In addition, and providing there are apphcants, the City Comrmssion shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, hcensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or and judgment who have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually hsted in the Local Register of Historic Places. The dst of apphcants is attached for revie~v. A check for code violations and/or municipal hens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1) and Comn'nssioner Archer (Seat #2). Recommend appointment of four (4) members to the Historic Preservation Board for a two year term ending August 3i, 2002. Applicants to the Historic Preservation Board Owns property within a historic district: Mary Lou Jamison Thuy T. Shutt Jeffrey Silberstein Donnamarie M. Sloan Other applicants: Bonnie (La Vonne) Ansbacher Janet E. Baron John C. W. Bennett Dave J. Bodker Diane E. Borchardt Gary P. Eliopoulos (Incumbent) (Planner) (Architect) (Architect) Gloria Elliott Leslie B. Horenburger James C. Keavney Richard J. Mullen Rhonda P. Sexton Timm R. Sweeney (Interior Design) (also applied for BOA) (Landscape Architect) Incumbent) (Planner) (currently on P & Z)(term expires 8/31/00 not eligible for reappointment) (Architect) (also apphed for SPRAB) (Interior Design) (also applied for SPRAB) (Andover Homeowners Association) 0~16,00 TI~ 10:$2 F.t.l $01 243 $?74 CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print ~h¢ following information: 1. Lazt Name:: E.liopoulos 2. Home Ad~ue~: 314 NW 7th Street 3. Legal.Residence same ~ 4 Principal Business Address: 205 George Bush Blvd. f. Home Phone: 243- 9196 6. What Board(s) are you i,terested in serving? Gary Delray Beach, City City Delray Beach Bus[ue~-Phoae: 276- 6011 CRA- HPB - SPRAB FL State Zip '~tat¢ Zil~ Code FL 33444 iFax:276-6129 ~ List id[ Cily Boards on which you ar~ currently tarring or havo previously serve: (Please inclu~--~'ates) Planning and Zoning - current 5/96 - 8/00 8. Edu¢~lional quaiif~miions: see resume 9. L~st ~ny related pr~)f~siona ,~,~lGcations and :'c~nses whmh you hold: Architect, certified Florida, NCARB, A.I.A. 10. Give your present, Or mo~t receut employer, and position: ' Eliopoulos & Associates, Inc. - Principal 11. Describe experiences, skills or knowledge which qualify you to Serve'on this board: (Pl~se mtach a brief resume) { I hereby cgftT~.¢~ fr~aterrfe, nt (Yf m ~l~he above statements are true, and I agree a,,nd understand thaC any ?~a/yfaCts c. ontalned In this application may cau~;e forfeiture upon my pa~ 'Note: This application will re, main on file [~--the City Clerk's Office for a period of 2 years fxom the dzxe':ct Was submitted. It will be e apphcaut s responsib~'l~o~e~ ~urrent apphcatwn is on file. MAY 16 2000 CITY CLERK GARY P ELIOPOULOS CURRICULUM VITAE PRINCIPAL Mr. Eliopoulos has been practicing architecture in the state of Florida since 1985, during which time he has developed an acme portfolio of work and knowledge pertinent to hospitality and commercial development. EDUCATION PRATT INSTITUTE Bachelor of Architecture, 1985 PRATT INSTITUTE Special European Studies program, January - June 1983 HARVARD UNIVERSITY SCHOOL OF ARCHITECTURE Continuing Education Program, September 1979- June 1980 REGISTRATION Architect: Certified: Florida 13894 NCARB, OAR 0013894 PROFESSIONAL AFFILIATIONS Vice Chair Vice President Member Member Former Chair Former Member City of Delray Planning and Zoning Pineapple Grove Main Street School Advisory Council, Pine Grove Elementary School Design Guidelines, Pineapple Grove Main SU'eet Large Home Task Force Leadership Delray EXPERIENCE Mr. Eliopoulos has an extensive portfolio of experience and knowledge pertinent to project mana.gement and multi-discipline team coordination for a variety of project types. His experience with local, municipal and federal agencies in the areas of code research and interpretation, consl~uction document development, project implementation and ability to coordinate with a multitude of consultants insures that each project is delivered with optimum efficiency and thorough detail with design. Most recently Mr. Eliopoulos completed preliminary design fur the Chambers Professional Center, a $4 million, 75,000 square foot project, this project is expected to be completed in the Fall of 2000. Other experience as a former parmer with the Robert Currie Partnership, to Mr. Eliopoulos' credit, included his management responsibilities on the $8 million St. Andrews Country Club expansion and renovation where he managed a multi-discipline team of consultants and contractors as well as an extensive permitting effort over a three year period. Mr. Elinpoulos also served as the project manager for the U.S. Embassy in Beijing where he worked closely with the engineering team and representatives fi.om DOS' IDF and architectural divisions to produce and manage the projects $3 million interior renovation. Prior to his position with the Currie Partnership, Mr. Eliopoulos served as primary architect for one of the east coast's most successful commercial/hotel developers. While associated with Ocean Properties Ltd., Mr. Eliopoulos was responsible for preliminary site and building design for hotels, offices, retail centers, restaurant and multi-family projects, as well as mixed use projects. The diversity of Mr. Eliopoulos' experience is further defined through his involvement with the site plan approval applications, presentation drawings, development of contract documents, on site project administration, and CAD proficiency. ( ELIOPOULOS & ASSOCIATES, INC. RELATED EXPERIENCE HOLIDAY INN, ltrlGHI.AND BEACH This 200 room hotel project will include an interior and exterior renovation to encompass a contemporary design. The estimated budget is 1.2 million with a completion date of Spring 2000. SUNSET KEY SPA, KEY WEST, FLORIDA Currently in the preliminary design/site plan approval phase, 6,000 square foot health spa with a Polynesian theme, surrounded with water features located on the island of Sunset Key, is scheduled to be completed Spring 2001. BAR HARBOR BEACH CLUB, BAR HARBOR, MAINE This new 80 room hotel project will be a nautical design in which the site is situated on the hill overlooking the harbor. Currently m for building permit, with a completion date set for Fall 2000. LITTLE MERMAID RESTAURANT, DELRAY BEACH, FLORIDA This 3,000 square foot renovation of the old Howard Johnson structure was started in July 1999. It involved gutting the existing structure and incorporating a tutor style of architecture for the exterior. Completed in December of 1999, with a budget of $360,000. SOLOMON D. SPADY MUSEUM, DELRAY BEACH, FLORIDA This historic residential structure is currently in for building permit, in which the existing structure will be converted into a early setters museum, featuring historic period gardens. Scheduled to be under construction March 2000, with a estimated budget of $400,000. NATIVE'S BAi~IAMIAN RESTAURANT, DELRAY BEACH, FLORIDA Consists of the renovation of two structures connected with courtyards and thatch huts for a authentic Bahamian island experience. The restaurant is approimatly 3,000 sq. ft. and seats 290 persons, scheduled to be under construction May 2000, with a estimated budget of $800,000. SUITES HOTEL, DELRAY BEACH, FLORIDA Currently in the preliminary design/site plan approval phase, this 78 suite hotel located at Waterford Place, is scheduled to be under construction Fall 2000. MARRIOTT, SALT LAKE CITY, UTAH This is a full service hotel with 450 rooms and will be a joint venture with Properties Interior Design Group. The scope of services provided by E&A will only encompass interiors. HOWARD JOHNSON HOTEL, ORLANDO, FLORIDA This is the first phase of a interior renovation which encompassed a 14,000 s.f. lobby, banquet facility, lounge, and administration areas. Completed in Spring 1999. BENVENUTO RESTAURANT, BOYNTON BEACH, FLORIDA This is a 23,000 s.f restaurant with banquet facilities that was completed in December 1998. The scope of services for this project was limited to interior design and constmetion administration. WESTON OUTPATIENT CENTER, WESTON, FLORIDA This two story, 40,000 square foot medical office buildings shell was completed in November 1998. DOWNTOWN OFFICE BUILDING This 40,000 square foot mixed use office building in downtown Delmy Beach, is in it's second phase of construction. The shell was completed in the Spring of 1998, at an estimated budget of $3 million. BEIJING EMBASSY, BEIJING, CII1NA The interior renovation of this 54,000 square foot American Embassy entailed retrofitting a 1947 office building to meet the stringent requirements of the U.S. State Department, while simultaneously redesigning the entire interior with a contemporary theme. Currently out for bid, with a completion date set for Spring 2001. DELRAY BEACH CITY HALL RENOVATION Involvement included job awarding presentation to City Commission for the proposed envelope enclosure. Responsibilities involved designing a structure that would be able to be constructed while allowing the city to maintain normal operations. ABC CARPET AND HOME, DELRAY BEACH, FLORIDA Full interior conversion of this 58,000 square foot warehouse to an interior showcase. Project was completed in December 1996 with a budget of $1.2 million. Selected examples of hospitality project experience include: CATALINA CENTRE HOLIDAY INN, BoynUm Beach, Florida - a 120 room propen'y with full restaurant, conference and lounge facilities. SOUTH PORTLAND MARRIOTT, South Portland, Maine - a 287 room property with full service amenities. ANDOVER MARRIOTT, Andover, Massachusetts - a 332 room property with full restaurant, conference and lounge facilities. PIRATES COVE HOLIDAY INN, Paradise Island, Bahamas - a 600 room full service resort property. HOLIDAY INN CIHNLE, Chinle, Arizona - a 120 room proper~y with full restaurant, conference and lounge facilities. MARRIO'I'F, Bar Harbor, Maine - a 160 room full service property. FAIRFIELD INN, Bangor, Maine - a 200 room property with full restaurant and lounge facilities. FAIRFIELD INN, Phoenix, Arizona - a 200 room property with full restaurant and lounge facilities. lI-Amllca Ct IIII BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last~N~ame: ,J/~l I~l :.5~ 2. Home Address: , 3. Legal Re~sidence 4. ~n~p~ B~ess A~: ~. Home Phone: (.~/)~7~' ~7~ 6. State Middle Initial Zip Code 53 Zip Code Zip Code .53794 Business Phone: (.~/) ~-~:35- 535/3 What J~p~rd(s) ~re you inter,sd in serving? 7. List all City Boards on whi~ you are currently serving or have previously served: (Please include dates) ~ 8. Educational qualificatiens:. ;/ 9l List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: 1 I. Describe experiences, sl~ills or knowledge which qnalify.you to serve on th, is board: (Please at~ach a brief resume) / / / / I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in th/s application may cause forfeiture upon my part of any appolntm_ent ][nay ~, ~lve. / Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it wns submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~. List~w 243 0774 CITY CLERK ' BOARD MEMBER APPLICATION r prini the rd(s) are you interested in servin your present, or mos! recent en , ~oo2 L to serve on th: arr~ch al~ above statements are true, and I agree anE understand that any rni,$staternent ol' rnaterial facts contalnd~ ~ t~/~4pF~.~)Catlon rnay cause forfeiture upon rny pert JUl. ! ~ 1999 ~ CITY CLERK dave bodker ~a~clscepe architecture/planning inc. COMPANY BIOGRAPHY Dave Bodker Landscape Architecture/Planning Inc., established in 1988, is a firm that offers a full scope of services, from conceptual design and planning through construction and installation. We take a personalized and detailed approach to every project to insure the quality of the final product and to meet the client's needs in terms of budget and scheduling. Our Scope of Projects includes single family residential, multi-family residential, commercial projects (restaurants, shopping centers, office complexes), public and semi-public facilities {churches, schools, utility complexes, parks), and industrial facilities. With the majority of our projects located in South Florida, the firm has been involved in projects in St Croix, U.S. Virgin Islands, Lafayette, Indiana, and Annapolis, Maryland. Dave Bodker Landscape Architecture/Planning, Inc. has been the recipient of the Prism Award, FAME Awards and Aurora Awards for landscape design. Prior to establishing Dave Bodker Landscape Architecture/Planning Inc., Mr. Bodker had 11 years of professional landscape architectural experience. He is a member of the American Society of Landscape Architects and is a registered Landscape Architect. Mr. Bodker graduated from Louisiana State University in 1979. 0~17/00 ¥0~ 14:09 F.~ 561 243 $??4 CI'~* CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATIOH 1993 3. ~g~ ~sid~e Zip Cod: 4. ~ncip~ Bu~ness Ad~ssL ~ -- ' S~ Zip ~ ~ 7, ~is~ ~1Ci~ Boards on which ~ou a~ ~ntly so~ing or Imva p~io~17 s~: ~ indu~ ~ms) ~. Li~ my ~lated profcssion~] c~ifi~fi~s ~d li~n~s which y~ hold: I (~.. f-i~ ~ ~ ~ 10. Oivc your p~scnL or most mccnt~Pl6ye~, ~d ~sitlon: ....... I I. Descri~ ~ped~n~s, ~ills or kuowl~ge ~ch q~li~ ~u to ~e ~ ~is ~: ~1~ a~ a br~f resume) [ he. by ~m~ that all the abo~temen~ e~ ~e, and f agme and~%d~and that any _ mis=tatement o~ mateHal ~ ~ ~tain~ in ~1~ ~ppll~on may ~u$e m~e~ru~ upon my ~ Note: This spplicmiofl ~ill rei-*,n on file :y Cl~ s.b~tt~. It will be thc applicant's respoam'bility to ensure that a curr~t application is on file. MAY 0 2 2001) ~'~ CITY CLERK ACADEMIC BACKGROUND GRADUATE ACADEMIC DISTINCTION UNDERGRADUATE ACADEMIC DISTINCTION DONNAMARIE M. SLOAN IINIVE~ ITY OF FLORIDA C, ainesville, Florida. Graduate School, Conferred,~ Architectural Studies De?ee. Historic Preservation. (Spring 1999). I. INIVERSITY OF FLORIDA C, ainesville, Florida. College of Architecture, Interior Design ( F.I.D.E.R. Accredited), Conferred Bachelor of Desi_en De~r_ ee. (Spring 1983). 1/N/VERS/TY OF FLORIDA C, ainesville, Florida. College of Liberal Arts and Sciences, Conferred Associate of Arts De?~e. (Spring 1981). TRENTON STATE COLLEGE Ewing, New Jersey. Two Semest~rs Liberal Arts and Design Studies. (Fall 1978, Spring 1979). MSAS EXCELLENCE AWARD For Outstanding Academic Performance & Achievement in pursuing Graduate Studies. University of Florida, College of Architecture. (Spring 1999). PHI KAPPA PHI HONOR SOCIETY University of Florida Chapter. (Spring 1999). VILLAGERS SCHOLARSHIP AWARD Historic Preservation Studies. (Spring 1998). HONORS GRADUATE University of Florida, College of Architecture. (sl~ng 1983). GARGOYLES University of Florida, College of Arc~tecture, Honor Sodety. (Spring 1983). GRADUATE ACADEMIC ASSOCIATIONS UNDERGRADUATE ACADEMIC ASSOCIATIONS GRADUATE RESEARCH ASSISTANTSHIPS UNDERGRADUATE INTERNSHIP DONNAMARIE M. SLOAN University of Florida, College of Architecture, (F~ 1997, Spr~ 1998). (Fall 1998, Spring AMERICAN SOCIETY OF INTERIOR DESIGNERS University of Florida, College of Architecture, Student C~apter. (Fall 1982, Spring 1983). AMERICAN INSTITI. ITE OF ARCHITECI2.1RE STUDENTS University of Florida, College of Architecture. (Fall 1982, Spring 1983). ARCHITECTURE COLLEGE COLINCIL University of Florida, College of Architecture, Interior Design Representative. (Fall 1982, Spring 1983). PROFESSIONAL FORUM, SENIOR EXIqIBITION University of Florida, College of Architecture. (Spring 1983). FL. DEPARTMENT OF EDUCATION GRANT: The Development of Lifecyde Guidelines for Materials and Building System for Florida's Public Educational Fadlifies. (Fall 199~ Spring 1999), US DEPARTMENT OF THE INTERIOR (HISTORIC PRESERVATION) GRANT: Florida Army National Guard Integrated Cultural Resources Management Plan. (Spring 1999). DESIGN IDENTITY INCORPORATED East 38th Street, New York, New York. (Summer 1982). RIIVIOR DEgIGNER. RENDERER GRADUATE COMMUNITY SERVICE & VOLLINTEER WORK ADDITIONAL ACADEMIC CREDENTIALS DONNAMARIE M. SLOAN ST. AUGUSTINE HISTORIC STRUCTURES REPORT St. Augustine, Florida. (Spring 1999), SPANISH QUARTER MUSEUM 18th Century Floor Cloth Restoration. St. Augustine, Florida. (Spring 1998). PREHISTORIC ARCHITECIZIRE IN THE EASTERN ~ STATES. MIT Pn~. Author; William N. Morgan. Archeological Site Map Drafting. (Spring 1998). HAWTHORNE HISTORIC MUSEUM AND CULTURAL ~ 19th Century Church Rehabilitation Grant Package. Hawthorne, Florida. (Fall 1997). PRESERVATION INSTITUTE: NANTIICKET University of Florida, College of Architecture, Graduate School Studies. (9) Graduate Credits, Certificate of Completion. (Summer 1998). (CEL0 FRENCH DESIGN STUDIES (In Paris and at Versailles) Certificate of Completion. (Summer 1995). (NCIDQ) BUILDING AND BARRIER FREE CODES Exarnination~ (Spring 1995). (CEU) HISTORIC AMERICAN DESIGN STUDIES Certificate of Completion. ($prin~ 1994). TEACHING EXPERIENCE LITERARY EXPERIENCE DONNAMARIE M. SLOAN LYNN UNIVERSITY Boca Raton, Florida. ~]~121:~ltti~ Interior Design. (Fall 1993, Spring 1994). MIAMI DADE COMMUNITY COLLEGE Miami, Florida. Continuin~ Education Instructor. Interior Design. (Fall 1985~ BROWARD COMMUNITY COLLEGE Fort Lauderdale, Florida. ~ll~aaiag.~lil~i~ ~ Interior design. (Fall 1985). BROWARD REVIEW NEWSPAPER Col~st. Interior Design Related Topics. Fort Lauderdale, Florida. (1985). COMMUNITY ASSOCIATIONS & NATIONAL ORGANIZATIONS PROFESSIONAL CREDENTIALS PALM BEACH HESTORICAL SOCIETY (Current Member). DELRAY BEACH I-HSTORICAL (Current Member). BOCA RATON HISTORICAL SOCIETY (Current Member). DELRAY BEACH CHAMBER OF COMMERCE (Current Member). NATIONAL TRUST FOR HISTORIC PRESERVATION (Current Member). FLORIDA STATE BOARD OF ARCHITECTURE AND INTERIOR DESIGN (Lic. # K)-0002725). FL. DEPARTMENT BUSINESS & PROFESSIONAL REGULATIONS, REAL ESTATE SAI.~PERSON (Lic.# SL-0670554), PROFESSIONAL EXPERIENCE DONNAMARIE M. SLOAN SUSAN LACHANCE INTERIOR DESIGN Boca Raton, Florida. (June 1995 - Present). ]~ART TIME FREE-LANCE DESIGN AIVD CONSULTATION SLOAN AND BROWN INTERIOR DESIGN Boca Raton, Florida. (Jan. 1990 - June 1995, Retired). THE DECORATORS UNLIMITED Boca Raton and West Palm Beach, Florida. (Nov. 1988 - Jan. 1990). SENIOR DESIGNER. PROIECT DIRECTOR SUSAN LACHANCE INTERIOR DESIGN Fort Lauderdale, Florida. (Nov. 1986 - Sept. 1988). SEN/OR DESIGNER. PROIECT DIRECTOR SKLARIN INTERIORS Fort Lauderdale, Florida. (Jan. 1986 - Nov. 1986). INTRAGROUP CORPORATION Fort Lauderdale, Florida. (Jan. 1985 - Jan. 1986). STEVENSON BUILDING AND DESIGN Fort Lauderdale, Florida. (June 1983 -Jan. 1985). ILIN'IOR DESIGN'ER. ASSISTANT PROIECT DIRECTOR. MEMORANDUM TO: FROM: SUBJE CT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~d~ AGENDA ITEM # 6~//~ REGULAR MEETING OF AUGUST 1. 2000 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: JULY 28, 2000 The terms for John Baccari, Michael Goldman and Gregory Young, regular members on the Board of Adjustment, will expire on August 31, 2000. Mr. Baccari has served two (2) full consecutive terms and is not eligible for reappointment. Mr. Goldman resigned from the board on July 19, 2000, (see attached letter). Mr. Young has served one (1) full term. He is eligible and would like to be considered for reappointment. Attendance reconls are attached. Bernard J. Federgreen and Cheryl Lee-Bennett, both currently serving as alternate members on the Board of Adjustment, would like to be considered for appointment as regular members. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, ending August 31, 2002. The following have submitted applications for consideration: Janet E. Baron Bernard J. Federgreen (alternate) Cheryl Lee-Bennett (alternate) Jay B. Little Gregory E. Young (incumbent) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat # 4), Mayor Schmidt (Seat # 5) and Commissioner Perlman (Seat # 1). Recommend appointment of three regular members to the Board of Adjustment for two year terms ending August 31, 2002. SHAKMAN CONSTRUCTION COMPANY July 19, 2000 Ms. Pat Warren City of Delray Beach Board of Ad_iustment 100 N.W. 1'". Avenue Delray Beach, Florida 3 .... Dear Ms. Warren: I am regrettfully submitting my letter of resignation from the Board of Adjustment from the City of Delray Beach for business reasons. I have thoroughly enjoyed my time spent sitting on the Beard of Adjustment and hopefully someday will be able to volunteer my time once again. SHAKMAN CONSTRUCTION COMPANY ~'.ECEIVED . ....... ...... .'JUL.!~,9 2000 CITY .CLERK 2401 N.W. BOCA RATON BLVD. · SUITE 200 · BOCA RATON, FLORIDA 33431 · (661) 766-8288 · FAX (561) 750-8511 ww~.:.sccfl.c0m fa., CITY OF DELRAY BEACH BOARD MEMBER APPLICATION following information: 2. Home Address: Ci ~. ~g~ Residen~ Ci~ ,.. ~ Slale Zip Code 4. ~nci~ B~ Ad~e~: Ci~ Sm~e Zip Code 6~hat Bo~rd(~) ~ y~ i~ie~sted in 7~isl all Ci~ ~ds on ~ic~ you am 9. ' Li~t an~rela~ed p~sional ~niflcafion~d li~s~ which you hold: ~ive you~nt, of moment ~p~oye~p~ positi~n~ I ~ hereby ~1~ that ~11 ~ve $~tem~n~ ~ t~e, ~d ~ 4g~ 4nd und~Mnd t~at any missMte~nt of material ~on~i~d in this appl[~tlon may ~use ~ltuM upon my pa~ of submined. It will b~ lhe applicant's responsibili~ to ensure that a current application is on file. IO'~J lO0'ON 8I:17I 6~_,',I'O uet' ,.-£'~I-~.~7,.--Z017-1:'13/ '~OOH.h'.:, HglH 3I.IN_H'II¥ .... ~. ~ *' "' '**i' ' OF DELRAY BEACH BOARD MEMBER APPLICATION · '~993 ..:. ~*.~.~ ~ :~ - q . . . City Sta~ ~p coae % List all Ciw ~=ds on whieb you ~* ~urr~fly Se~tng or haw p~vio~ly are trwe, and f agree and understand that any in~:~hls application mey cause forfeiture upon my pad' CITY CLERK JU.L-03-OO MOH 12:29  CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 19~3 Please type or print thc followh~ informa~on: I. LastName:: YO~,'~ .... ~-- Middlelnifial 3. Lcgal Rcsidcnce ' Slate Zip Code -~.~P~i~l_~ ~'~mes s~A.d d ross: ._ State Ziv Code 6. ~hat Do~rd~ ~.yo~ intere~ in ~ing? - / 9. l~sl ~t~d pro~essional c$~ific~n~d li~n~ ~ich you hold: I O._Oiye yo g or lng~ rant c~pid~7~'ii~ '~ ~ 1 I.~fibc c~icn~[~kills or ~ledg%w~ich~u~[i~ou t~seme ~n ~i~ ~: (Ple~e a~acJ~ a b~ie~sume} ~'Y 'celve' RECEIVED ~~....,~ sf~ ~ -JUL 1 3 ~ remain 2 ycars from the date it was submitted. It v~li be the applicant's responsibility to ensure that a cun-ent application is on file, EDWARDS & ANGELL Associate, Palm Beach Office Main Practice Areas: Corporate Law and Real Estate Law Admitted: Florida and Kentucky Gregory E. Young is an experience transactional and corporate lawyer with particular expertise in real estate transactions. Greg joined Edwards & Angell in 1995 after spending several years as a sole practitioner. Before residing in South Florida, Greg was an associate with the firm of McBrayer, McGinnis, Leslie & Kirkland in Lexington, Kentucky. Greg's primary practice has included the representation of a variety of entities in developers, owners and contractors, real estate transactions and project development. He represents domestic and foreign companies, entrepreneurs, "closely held" companies, venture capital companies and lenders in corporate organization and start-up, commercial transactions, mergers and acquisitions and general corporate consultation. Greg is a member of Edwards & Angell's Venture Capital and Emerging Companies group and Corporate group. Representative Transactions · Representation &real estate developers and owners &government assisted housing, commercial (office and retail) property, pud's and residential subdivisions including acquisition and financing. · Representation &general contractors, subcontractors and suppliers in the construction and renovation of commercial and "high-end" residential property. · Representation &owner/investors on the start-up and acquisition and for general corporate representation &service, manufacturing and retail going concerns. · Representation of lending institutions for commercial loans and in foreclosure and workout arrangements. Publications/Speeches Greg has moderated legal education seminars on real estate law and presented and written speeches on behalf of candidates for public office in Kentucky. Professional Affiliations American Bar Association The Florida Bar Kentucky Bar Association Palm Beach County Bar Association Fayette County Bar Association CommuniO~ Involvement Gold Coast Venture Capital Club Arthritis Foundation for Mid-East Florida Delray Beach Sea Turtle Watch Education University of Kentucky, B.S. (Finance), 1986 University of Kentucky, College of Law, J.D, 1989 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER 0~ AGENDA ITEM /0./~- REGULAR MEETING OF AUGUST 1, 2000 CDBG FIVE YEAR CONSOIJD&TED PLAN & ANNUAL ACTION PI.AN DATE: JULY 28, 2000 This item is before the City Commission to conduct a public hearing for the purpose of obtaining comments and/or input concerning the CDBG Five Year Consolidated Plan as well as the Annual Action Plan for FY 2001. In accordance with federal regulations, the Five Year Consolidated Plan (October 2000 - September 2005) will serve as a planning document for the implementation of the goals and activities necessary for a successful community development program. The Annual Action Plan for FY 2001 describes how the CDBG funding will be utilized, consistent with the Priority Needs delineated in the Five Year Consolidated Plan. The Five Year Consolidated Plan is provided as a separate document along with the agenda packet. The Annual Action Plan is attached, along with a summary memorandum from the Community Development Division. Staff recommends consideration of additional public comments, if any. Upon closing the public hearing, adoption of both the Five Year Consolidated Plan and the Annual Action Plan is recommended along with authorization to submit to the U.S. Department of Housing and Urban Development prior to the August 16, 2000, deadline. RefiAgmeraol 1.CDBG 5-Yr. Consolidated Plan and Annual Action Plan (FY 2001) MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director July 25, 2000 Community Development Block Grant (CDBG) Five Year Consolidated Plan (October 2000 - September 2005) and Annual Action Plan (October 2000 - September 2001) ITEM BEFORE THE COMMISSION City Commission approval of the Five Year Consolidated Plan and Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local housing plan submission requirements. HUD requires that each municipality and urban county submit a consolidated plan every five years. CFR Part 91 requires the City of Delray Beach to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate income persons. The City's plan to address these issues must be identified in a one plan document that identifies these goals for all the community planning and development programs, as well as housing programs. The goals listed within this document will determine the City's performance measures according to HUD. The City of Delray Beach local plan (now referred as "Consolidated Plan") will serve as a planning document, a strategy to be followed in carrying out HUD programs, and documenting the community vision. The attached Strategic Plan is an action oriented blueprint that flows from the City needs assessment, through the analysis, and prioritized funding decisions to become the work plan for all Consolidated Plan activities. In addition, the enclosed Annual Action Plan includes a description of the City's plans to utilize the CDBG funding for activities and programs consistent with the Priority Needs delineated in the Five-Year Consolidated Plan. Below is a list of Non-Housing Community Development needs recommended as a "High Priority" in the Five Year Consolidated Plan: · Senior Center Child Care Services Family Self-Sufficiency Programs · Substance Abuse Services · Public Facilities and Improvements · Neighborhood Facilities Health Facilities · Neighborhood Planning · Neighborhood Empowerment Programs · Infrastructure Improvements (sidewalks, landscaping & beautification) · Comprehensive Entrepreneurial Center streetlights, street improvements, and Below is an estimation of CDBG funding to address the above needs: Estimated CDBG Dollars Reasonably Expected for the Five Year Period to Address Non-Housing Community Development Needs # Priority Community Development Need Estimated $ Needed to Address A Senior Programs $ 100,000 8 Youth Programs ~ 145~500 C Public Services $ 455~500 D Public Facilities $ 375,000 E Planning and Administration $ 60~000 F Infrastructure $1~400~000 G Economic Development $ 200t000 H Public Safety Program $ 75t000 Total (Five Year Period) $2,811,000 New Initiatives The Consolidated Plan also highlights a new concept for neighborhood redevelopment called "neighborhood Revitalization Strategy Areas (NRSA). These self-defined reinvestment areas (see attached maps) allows a locality greater programmatic flexibility when using CDBG funds in distressed neighborhoods. Conceptually, these areas can be designed to carry out affordable housing strategies which can stimulate new investment of private sector capital; provide flexibility to galvanize job development partnerships for low and moderate income persons; and create neighborhood strategies dealing with issues such as crime prevention and education. Also to help with providing more funding for housing development, the Consolidated Plan will inform HUD of the City's intent to apply for funding from the Home Investment Partnerships (HOME) Program beginning Fiscal Year 2001- 2002. This will allow the City to have its own HOME funds to provide decent affordable housing for more lower-income households, expand the capacity of nonprofit housing providers, leverage private sector participation and strengthen the City's ability to provide affordable housing. Staff is will also apply for the Emergency Shelter Grant (ESG) and the Economic Development Initiative (EDI) Community Empowerment Fund (CEF) Pilot program. The ESG program provides grants to Cities for funding of non-profit agencies that operate temporary shelters, transitional housing, and provide counseling services for homeless persons and families. Funds can be used for essential social services, including homeless prevention programs such as emergency mortgage or rent assistance; renovation of buildings, operation and maintenance of shelters; operating costs, but not staff salaries. The CEF Pilot Program intent is to stimulate economic development by local governments in partnership with private sector parties. The CEF Pilot provides EDI funds to finance projects and activities that will provide near-term results and demonstrable economic benefits, such as job creation and increases in the local tax base. RECOMMENDATIONS Staff is recommending approval of the Five - Year Consolidated Plan and Annual Action Plan due to HUD by August 16, 2000 to address the needs identified by the community. NEIGHBORHOOD REVITALIZATION STRATEGY AREA NEIGHBORHOOD REVITALIZATION STRATEGY AREA DELRAY BEACH F L 0 R I U A All-AmericaCity 1993 CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN OCTOBER 2000 - SEPTEMBER 2001 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION 100 NWIsT AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7280 August 2000 TABLE OF CONTENTS CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN 2000-2001 Annual Action Plan Executive Summary L Introduction II. Citizen Participation III. Available Resource IV. Other Available Resources Vm Activities to be Undertaken B. C. D. E. F. G. H. L Housing Rehabilitation Housing Emergency Repair Program Program Administration Demolition Public Facilities and Improvements Boys & Girls Club Economic Development Delray Beach Housing Authority Public Services VI. Geographic Distribution VII. Homeless and other Special Needs Activities VIII, Other Actions Undertaken B. C. D. E. Address Obstacles to Meeting Under Served Needs Foster and Maintain Affordable Housing Remove Barriers to Affordable Housing Evaluate and Reduce Lead-Based Paint Hazards Reduce the Number of Poverty Level Families IX. Public A. B. C. D. E. Housing and Resident Initiatives Family Self-Sufficiency Program The I Have A Dream Foundation Residents' Association Carver Estates Youth Program City of Delray Beach/DBHA Partnership Initiatives X. Monitoring 1 2 3 3 4 4-6 6 7 7 9 10 CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN FY 2000 - 200'1 (October 1, 2000 - September 30, 2001) EXECUTIVE SUMMARY The City of Delray Beach's Community Development Division operates under the auspices of the Community Improvement Department. In addition to the Community Development Block Grant (CDBG) Program the City receives various additional funding sources aimed at enhancing our community and strengthening our neighborhoods. During the 2000 - 2001 Program Year it is anticipated that the following resources (totaling $1,403,840) will be made available for various planned community development initiatives and programs: Key Sources Amount Program/Source Agency $629,000 CDBG HUD _$366,270 SHIP State of Florida $135,000 ADM State of Florida $173,570 DB Housing Program City of Delray Beach $100,000 CRA Delray Beach CRA $1,403,840 Total Locations Activities and programs funded via the above sources focus on the area identified as the City of Delray Beach's CDBG Target Area (Lake Ida Road to the North, Linton Boulevard to the South, US I to the East and 1-95 to the West). First-time homebuyer program initiatives are provided on a citywide basis; however, priority consideration is given to infill housing efforts within the CDBG Target Area as well. Lead Agency The City of Delray Beach is the lead agency for all funded activities and grant sources received. Housing Goals Utilizing budgeted portions the combined resources described above, the City plans to accomplish approximately eight (8) emergency housing repairs, seventeen (17) substantial housing rehabilitation activities, and provide at least twenty (20) new homeownership opportunities under our first-time homebuyer programs during this program year. All such activities will serve to directly benefit very Iow, Iow and moderate-income families and households. I. INTRODUCTION The Ali-American City of Delray Beach will enter into the first year of implementation of the Five-Year Consolidated Plan. The City will continued to stabilize and revitalize deteriorating conditions in neighborhoods categorized as "rehabilitation areas" in the FY 2000-2005 Consolidated Plan. In addition, the City will continue to focus on the various essential issues and areas of concern identified as a direct result of our successful Visions 2005 Assembly of 1994 (community visioning and planning process). These issues/concerns primarily relate to youth involvement, comprehensive neighborhood stabilization and revitalization, economic development and redevelopment, crime prevention, public education, government coordination and human relations. The City of Delray Beach is extremely proud of our local accomplishments to date under the past Five-Year Consolidated Plan, having received two HUD Best Practice Blue Ribbon Awards in the category of Suitable Living Environment. The City was awarded Ali-American City status in 1993 and received runner's-up status this past year as well. This year's Action Plan includes (among other things) a description of the City's plans to utilize our formula allocation of federal Community Development Block Grant (CDBG) Program funding for activities and programs consistent with Priority Needs delineated in the Five-Year Consolidated Plan and the statutory requirements to provide decent housing, suitable living environments and expanded economic opportunities, particularly for those with Iow and moderate- incomes. The City's Department of Community Improvement continued to provide concentrated code enforcement, investments in infrastructure, opportunities for increased homeownership and affordable housing infill development initiatives, children and adult substance abuse prevention, coordination of neighborhood associations and owner-occupied housing rehabilitation through the programs and investment strategies described in this report. This year's planned use of CDBG funds focuses on the continued preservation and expansion of the City's affordable housing inventory, provision of subsidized child care services and programs for the children' of Iow-income families, infrastructure improvements, drug sales irradication and crime prevention, parks and recreational facilities improvements in the CDBG Target Area, homeless prevention initiatives, and promotion of fair housing education and enforcement. The City will continue to dedicate local resources and leverage various funding sources in an effort to address identified impending community development needs and make significant accomplishments toward our goal of maintaining and promoting a strong community built upon our diversity and civic pride. The CDGB program has been and will continue to be an essential resource dedicated toward the attainment of this goal. II. SUMMARY OF CITIZEN PARTICIPATION INITIATIVES The City of Delray Beach makes a concerted effort each year to involve all interested citizens, organizations, homeowner's associations and other interested persons in our Consolidated Planning process. This year the City increased its efforts to obtain citizen input and direction during the development of our Draft Annual Consolidated Plan (ACP) and prior to final approval of the ACP by the City Commission on August 1, 2000. The City's Annual Needs Assessment meeting was widely advertised and conducted on May 11, 2000 at Pompey Park, a local community/recreational facility located within the NW Section of the City (within the CDBG Target Area). Residents, citizens, applicant organizations and our network of Homeowners Associations were informed of the meeting through advertisement in a local newspaper of general circulation, individual letters, neighborhood newsletters, posted bulletins, (at various community locations including the Public Housing Authority complex), letters to HOA Representatives and the City's Renaissance Housing Program partners, and announcements at various events and meetings throughout the City. The draft plan will be made available for review and comment (during the 30 day comment period) through presentations made to the Delray Beach Merchant's Association (DMA) and the City's Affordable Housing Advisory Committee, the City's "News for Neighborhoods" newsletter, and submission to the Delray Beach Housing Authority and Municipal Library. II1. FEDERAL RESOURCES As mentioned in the Executive Summary, the City expects to receive $629,000 in CDBG Program funding assistance for the 2000~2001 PrOgram Year to address various identified community development related needs. The actual programs, activities and initiatives to be funded under this formula entitlement are described in section V of this document. The City has also been awarded $135,000 in federal (pass through) grant funds for the 2000-2001 Program Year in support of Children's and Adult Substance Abuse Prevention Programming efforts made available via a partnership with MAD DADS of Greater Delray Beach, Inc. The funds are provided to the City through the State of Florida Department of Children and Families, Alcohol, Drug Abuse and Mental Health Program Office - District 9. No other federal resources are expected to be received during the upcoming program year. IV. OTHER AVAILABLE RESOURCE As mentioned in the Executive Summary, the City also expects to receive $366,270 in funding assistance under the State of Florida's State Housing Initiative Partnership (SHIP) Program for the 2000-2001 Program Year. The City's SHIP dollars are targeted to provide increased funding in support of our Owner-occupied Housing Rehabilitation Program and act as the primary funding source for the City successful first-time homebuyers programs. These programs provide homeownership opportunities for families and households at or under 80% of Median Family Income (MFI) for Palm Beach County. The Delray Beach Housing Renaissance Program (local partnership) utilizes SHIP Program funds in support of new construction activities as well as the acquisition/rehabilitation of existing units. The City also intends to provide $163,380 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment. The City received UDAG funds from US HUD in the amount of $3.8 million that was subsequently loaned to the developers of Auburn Trace, an affordable multi-family rental complex located within the CDBG Target Area (as a component of the project's financing). The City has budgeted $173,570 ($150,000 UDAG repayment/S23,570 general revenue) in support of our local Neighborhood Housing Program. Funding will be used for Homeowner's Association activities and programs, exterior improvements to residential units within a specified target area, the acquisition of vacant residential parcels for conveyance to Habitat for Humanity of South Palm Beach County (for infill housing purposes), and other identified community development initiatives. V. ACTIVITIES TO BE UNDERTAKEN CDBG Program funds in the total amount of $629,000 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized to address identified needs. 2000-2001 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner-Occupied Housing Rehabilitation (HR) Program Providing for the substantial rehabilitation of approximately eight (8) owner- occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full-time positions). All program participants must be determined income-eligible in order to receive assistance. A waiting list of approximately eighteen months to two years currently exists. The primary goal of this program is to enable income-eligible households to maintain a safe, habitable, and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. 4 Owner-Occupied Housin.q Emergency Repair (ER) Pro~ram Providing for the emergency repair of approximately eight (8) owner-occupied residential homes located within the identified CDBG Target Area. All program participants must be determined income-eligible in order to receive assistance. Those applicants awaiting assistance under the Housing Rehabilitation Program can receive emergency assistance if the home requires such during the waiting period. Applicants are also considered as the emergency situations arise. The primary goal of this program is to enable income-eligible households to remain in their homes following the occurrence of an identified and verified emergency situation. All ER's require verification by the Division's certified building inspection and approval by the Division Coordinator. CDBG ProRram Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. This amount also includes an allocation to the Fair Housing Center of the Palm Beaches, Inc., (FHC) for Fair Housing services in the amount of $2,000. These costs are subject to a statutory limitation of not more than 20% of the annual grant funds plus program income. The above amount represents approximately 17% of the anticipated grant amount for FY 2000-2001. Demolition This program utilizes funds to demolish undesirable structures to eliminate slum and blighted conditions. Other Public Facilities and Improvements {Installation of Sidewalks) Providing funds for the continued installation of pedestrian sidewalks within the Targeted Area. The selected site(s) will be determined during the course of the program year. Boys and Girls Club Renovation Funds in support of the new building and improvements at the Catherine Strong site. The building is utilized by the Boys and Girls Club of Palm Beach County to house their south county programs. Economic Development (FACADE Pro.qram) This program is available to businesses located in the Target Area for improving the exterior appearance of their businesses. Delray Beach Housing Authority The funds will be combined with the Comprehensive Improvement Assistance Program Funds (CLAP) to install trees, plants, sod, racks, barbecues and picnic tables at Carver Estates. Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap of annual allocation. All proposed activities serve Iow and moderate-income persons: Alpha-Time Children's Center Subsidized childcare services for Iow-income children (on site at the Delray Beach Housing Authority complex). Funds were provided in support of one part-time service delivery position, A total of 59 unduplicated children received the direct benefit of this programming effort, Community Child Care Center Funds in support of subsidized childcare services for Iow and moderate - income persons (limited clientele beneficiaries). Allocation serves to offset the cost of one full-time service delivery position at the childcare center. MAD DADS of Greater Delray Beach Drug and Crime Free Community Program goals, including neighborhood stabilization, youth development and family strengthening. Funds were provided in support of two full-time service delivery positions. A total of 284 persons received the direct benefit of these programming efforts during the reporting period. Urban League of Palm Beach County Funds are in support of the Urban League Palm Beach County's Comprehensive Housing Counseling Program (housing counseling and emergency intervention programs) for Iow and moderate-income persons. Allocation serves to offset costs associated with one part-time service delivery position in the Delray Beach office. The I Have A Dream Foundation The DBHA currently has 48 youth enrolled in the "1 Have A Dream Foundation's" Carver Estates chapter. These participants receive tutoring and computer training to help prepare them for future academic endeavors. Each participant upon graduation from high school receives a prepaid tuition to a State College or university. VI. GEOGRAPHIC DISTRIBUTION All CDBG funded activities funded under this Plan will be concentrated within the identified CDBG Target Area Census Tracts 67, 65.02, 68.02, and 68.01. The CDBG Target Area is identified as Lake Ida Road to the North, Linton Boulevard to the South, US 1 to the East and 1-95 to the West. A location map of the Targeted Area is included. VII. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES The City of Delray Beach will continue its commitment to assist the homeless and other special needs populations and those agencies providing direct services. Under this year's CDBG allocation funding support has been allocated to the Urban League of Palm Beach County in support of their Comprehensive Housing Counseling Program and emergency intervention programs in an effort to prevent homelessness as well as assist persons with special needs in locating and obtaining affordable housing. The City's Housing Renaissance Program (first- time homebuyer's) strives to assist those families and households that are considered to have special needs as well. The Community Development Division staff are directly involved with the Homeless Coalition of Palm Beach County, Inc., and serve in various committee positions in an effort to address homelessness and the needs of very Iow-income persons throughout the County. The Division is also involved through membership on the Steering Committee of the Palm Beach County Affordable Housing Collaborative. VIII. OTHER ACTIONS UNDERTAKEN The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community driven Visions process. The City has received two Blue Ribbon "Best Practices" awards from US HUD for its programs and services. A. Address Obstacles to Meeting Under Served Needs The City of Delray Beach is committed to meeting the various and diverse need of its citizens. On an on-going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. Our various programming efforts utilizing CDBG, SHIP, State ADM funding and general revenue allow us to impact numerous needy families and households on an annual basis. Our unique network of Homeowner's/Neighborhood Associations fosters communication throughout the City at the neighborhood and resident level. Each and every obstacle is addressed as it presents itself to the City and the Community Improvement Department. B. Foster and Maintain Affordable Housing The City's commitment to affordable housing is witnessed by our successful and award winning programs and initiatives. The City is committed to the preservation of its current inventory of affordable residential housing units through the availability of several essential on-going rehabilitation programs and neighborhood beautification initiatives. We are equally committed to the expansion of this inventory through our Housing Renaissance program, utilizing key funding made available under the State of Florida's SHIP. During the upcoming program year alone the City anticipates an increase in the current inventory of affordable units (approximately 20). C. Remove Barriers to Affordable Housing The City's Local Housing Assistance Plan (LHAP) delineates steps taken to eliminate barriers to affordable housing throughout the City. Our local Housing Renaissance Program (partnership) assists the City in overcoming many of the barriers traditionally faced. Currently the City is experiencing a shortage of vacant parcels (for infill housing purposes) due to title marketability issues. Discussion is currently underway regarding the possible waiver of minimum lot size requirements in support of affordable housing unit production. This initiative is an example of one barrier that the City is currently and actively attempting to address. In addition, the City has awarded CDBG assistance to the Fair Housing Center of the Palm Beaches, Inc., in support of Fair Housing education and enforcement. D. Evaluate and Reduce Lead-Based Paint Hazards The City continues to educate homeowners and homebuyers regarding the hazards of lead based paint. All units constructed prior to 1978 which children (and receiving assistance from CDBG programs) were present are visually inspected to determine the condition of all painted surfaces. If the surfaces show signs of chipping or peeling, the unit will be tested for lead based paint. If detected, all potential health risks associated with lead based paint are explained to the homeowner/homebuyer. Rehabilitation Program staff strongly recommends testing for elevated blood levels and treatment if necessary. The unit is then evaluated to determine the necessary measures to be taken in order to create a safe environment for the family occupying the particular unit. The City follows Interim Controls and/or Abatement of lead based paint hazards according to Title X. E. Reduce the Number of Poverty Level Families The City's holistic approach to community development provides various programming efforts and initiatives (as described throughout this document) aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. IX. PUBLIC HOUSING AND RESIDENT INITIATIVES The Delray Beach Public Housing Authority (PHA) continued its commitment to improve the quality of life for both Public Housing and Section 8 residents. DBHA programs provide viable, substantial alternatives to participation in crime and drug activities. They are also designed to promote true self-sufficiency through economic development. The following programs are among the strategic and tactical plans undertaken to meet the goals consistent with the goals of the Consolidated Plan. A. Family Self-Sufficiency Program The DBHA's Family Self-Sufficiency (FSS) Program provided economic support and case management to approximately 36 Section 8 and 24 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 15 families obtain homeownership and several families are in the process of purchasing a home. The ultimate goal of the program is to reduce families' dependency on housing and economic subsidies by providing significant linkages to sources for employment, education and other services consistent with this goal. The I Have A Dream Foundation The DBHA currently has 48 youth enrolled in the "1 Have A Dream Foundation's" Carver Estates chapter. These participants receive tutoring and computer training to help prepare them for future academic endeavors. Each participant upon graduation from high school receives a prepaid tuition to a State College or university. Residents' Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at its monthly meetings averages 35 residents. Carver Estates Youth Program The mission of the Carver Estates Youth Program (CEYP) is to encourage and nurture positive lifestyles by offering academic, recreational, cultural and social programs for the youngsters of Carver Estates. There are approximately 400 children living in the public housing complex. The CEYP serves up to 50 children from grades K-12. The program has recently focused heavily on the arts, forming a choral/drama group for elementary students, a STEP team for teens and the "Sharing Africa" dance and drumming group funded by the Palm Beach County Cultural Council. The DBHA provides an annual contribution of $15,000 plus in-kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. City of Delray Beach/DBHA Partnership Initiatives 1. Homeownership Program The DBHA contributes subsidy monies as a partner in the "Best Practices" award winning Delray Beach Housing Renaissance Program. Subsidies contributed by the Housing Authority are targeted towards the lower income family (below 60% of median). Since the beginning of the program the DBHA has assisted over 20 families with the purchase of new homes. During this reporting period over $50,000 was provided to eligible program participants. 2. Security and Crime Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full-time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Additionally, the Authority was granted $60,000 in 1998 PHDEP funds to provide for the installation of security cameras at the Public Housing complex. Site planning for this project is currently underway. Future PHDEP funds will be used to ,fund drug prevention activities for the youth of Carver Estates. 3. Exterior Beautification Proiect (Landscape Improvements) During this reporting period, the City of Delray Beach provided $50,000 in CDBG Program funds to be applied toward the development and implementation of a Landscape Improvement Project. These funds will be combined with Comprehensive Improvement Assistance Program Funds (CLAP) to install trees and plants, sod, bike racks, barbecues, and picnic tables at Carver Estates. It is estimated that the total cost of the project will exceed $250,000. The improvements will be completed during the 2000-2001 Program Year. MONITORING The City of Delray Beach will continue to monitor CDBG funded projects, activities, initiatives and subrecipients in accordance with regulations and ]0 statutes governing all such activities. The CD Division is currently revising its process for monitoring sub-recipient agencies that receive funding assistance for public service related activities. The Division is currently developing a revised and improved Audit Control System as well. Construction supervision of rehabilitation activities is conducted by certified inspection staff during the entire rehabilitation/improvement process. Sub-recipients of CDBG funding assistance enter into a written formal agreement/contract with the City of Delray Beach; this agreement was developed in accordance with governing regulations. TO: THRU: FROM: SUBJECT: - D/~T H~CITY MANAGER zo.,. PATRICIA CAYCE, HISTORIC PRESERVATION PLANNER MEETING OF AUGUST t, 2000 FIRST READING OF AN ORDINANCE TO DESIGNATE THE ATLANTIC AVENUE BRIDGE TO THE LOCAL REGISTER OF HISTORIC PLACES. The current bridge, which is the fourth to be located at this site, was constructed in 1952. Its location is the original site of the barge crossing which in 1895 linked Atlantic Avenue to the barrier island and the beach on the east side of the Intracoastal Waterway. The first bridge at the site, a hand cranked wooden swing bridge, was constructed in 1911. A second more substantial bridge was built in 1918, and in 1926 a new double lift wood and concrete bridge replaced the 1918 span. The Atlantic Avenue Bridge is historically significant as an important means of transportation spanning the Intracoastal Waterway along the City's main commercial area. It plays a crucial role in linking downtown Delray Beach and the commercial and residential areas west of the bridge with the beach and its adjacent commercial and residential sections. Architecturally the Atlantic Avenue Bddge is significant as a good example of a double- leaf Bascule bridge built by Cleary Brothers Construction Company, a notable construction company that built a number of distinguished bridges in Florida during the mid-twentieth century. The bridge is a very important part of the Atlantic Avenue streetscape and its proportions are complementary with the neighboring historic properties in the adjacent Marina Historic District. Conferring historic status on the bridge will help to preserve it because all alterations or proposed demolition will require review and approval by the Historic Preservation Board. The Historic Preservation Board considered this item at a Public Hearing on July 19, 2000. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. By motion, a rove the ord~n ' ~' Pp ' ance (3e~ignating the Atlantic Avenue Bridge, located at East Atlantic Avenue and the Intraco,astal Waterway, to the Local Register of Historic Places. Attachment: Designation Report File/s/pz/h pb/Atlantic Bridge-cc ORDINANCE NO. 18-00 32N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE ATLANTIC AVENUE BRIDGE LOCATED AT EAST ATLANTIC AVENUE AND THE INTRACOASTAL WATERWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, a designation report was prepared for the Atlantic Avenue Bridge located at East Atlantic Avenue and the Intracoastal Waterway; and WHEREAS, the Historic Preservation Board held a duly noticed public heating in regard to the historic designation on July 19, 2000, and voted unanimously to recommend that the Atlantic Avenue Bridge be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public heahng in regard to the designation of the Atlantic Avenue Bridge as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, to-wit: THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. ~ That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zomg Map of the City of Dekay Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be dechred by a court of competent jurisdiction to be invalid, such decision shall no~ affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 1999. AITPSST: MAYOR City Clerk First Reading Second Reading Designation Report for the Atlantic Avenue Bridge in the City of Delray Beach Prepared by Janet G. Murphy & .4ssociates, Inc. for the Downtown Merchant & Business Association the The Delray Beach Historic Preservation Board and the Ci{g of Delray Beach May 2000 Table of Contents I. General Irfformation 11. Location Map IH. Time Line IV. Architectural Significance V. Historical and Cultural Significance VI. Statement of Significance VII. Threats and Recommendations VIH. End Notes IX. Bibliography X. Photograph Log Janet G. Murphy & Associates, Inc. 218 Almeria Road West Palm Beach, Florida 33405 (561) 8324224 (561) 804-9598 (fax) State of Florida Deparanem of Transportation District 4 Sub Office 7900 Forest Hilt Boulevard West Palm Beach, Florida 33413-3342 (561) 434-3903 (561) 343-3928 (fax) Report Prepared May 2000 I. GENERAL INFORMATION The Atlantic Avenue Bridge spans the Intracoastal Waterway in downtown Delray Beach. The bridge connects the City's commercial areas east and west of the Intracoastal. Atlantic Avenue is State Road 806 that leads to State Road AIA adjacent to the Delray Beach Municipal Beach. The bridge is located 3/10th ora mile west of AIA. From A1A to the bridge is a four block commercial area that was originally platted as the Town of Linton in 1896. To the west of the bridge is an older commercial area. In 1899, the area east of the Intraeoastal Waterway and a small portion of land to the west of the Intracoastal was platted as the Fractional East Half of Section 16, Township 46 South, of Range 43 East. In 1911 the portion west of the Intracoastal was incorporated as the Town of Delray and in 1923 the portion east was incorporated as the Town of Delray Beach. These towns merged in 1927 to create the City of Delray Beach. The commercial buildings along Atlantic Avenue are mostly one or two stories in height and Masonry Vernacular in style. The earliest extant buildings along Atlantic Avenue were constructed in the 1920s Boom Era, though the predominant number of buildings were constm~ed in the 1930s and 1940s. Buildings continued to be constructed along Atlantic Avenue throughout the second half of the twentieth century, including more modem construction in the 1980s and 1990s. The Marina Historic District is a locally designated district located along the west bank of the Intraeoastal Waterway south of the Atlantic Avenue Bridge. It is a linear district running approximately four blocks long and one to one-and-one-half blocks wide. The only other historically designated property in the proximate vicinity is the locally desi~ated 1926 Colony Hotel located three blocks west of the bridge at 525 East Atlantic Avenue. Veterans Park is located adjacent to the bridge on the northwest side. Commercial and residential condominiums line the Iatracoastal Waterway northeast and southeast of the bridge. Ph si IDes ri tion The Atlantic Avenue Bridge (State Structure # 930864) is a gear driven, Chicago-style, double-leaf, Bascuie bridge. Construction of the bridge was begun in1951 and was completed in 1952. It is a four-lane highway and pedestrian bridge conslructed of steel and concrete. The structure length is 234.9 feet and the deck width is 51.8 feet, with the roadway width ~om curb to curb being 39.7 feet. The approach roadway width, including the shoulders, is 57.7 feet and there is no median. The vertical clearance, when closed, is 12 feet above the mean high water level and the horizontal clearance is 80 feet. The main bridge span, which is the double-leaf moveable span, is covered with steel decking while the sidewalks have alumlnunl diamond plate decking. There are concrete balustrade.s on the bridge approaches and steel handrails on top of the draw spans. The bridge site includes a Bridge Tender's House. This rectangular masonry building at the northwest comer of the bridge was constructed upon completion of the bridge in 1952. The Bridge Tender's House was redesigned to its present appearance in 1991. The architect for the project was Robert Currie. The Community Redevelopment Agency provided the funding for the redesign of the Bridge Tenders House, which included re-roofing the building, repairing and repainting the existing stucco finish, and additions of a cupola, pineapple finial and shutters. Three years prior to the redesign, the Florida Deparhnent of Transportation modified the Bridge Tender's House so that it would meet National Electrical Code requirements. The building currently features one-over-one aluminum windows on all elevations, Bermuda-style aluminum shutters, a single flush door with a small window on the west elevation, a wood rolled beam covered with copper flashing, and a standing-seam metal gable roof with a cupola and finial. 2ND ST 1ST S._T. '--q~l'---~l ATLANTIC ATLANTIC ' i BUD'S I S?. VETERANS PARK SEA GA TE TO WER S LOWRY DELRA Y SUMMIT CONDO BA RR TERRA CE CONDO THOMAS STREET STREET GROVE CONDO SPANISH RIVER RESORT AVENUE N EAST ATLANTIC AVENUE BRIDGE III. Time Line 1893-95: c. 1895-1911: 1896: 1896: 1898: 1902: 1911: 1911: August 1918: 1921: 1923: 1926: 1926: In 1893, the Florida East Coast Line Canal and Transportation Company built two dredge boats to dig canals below Palm Beach; one machine started to cut south from Lake Worth, and the other began to work north from Biscayne Bay. On May 18, 1895, the canal company completed the canal when the dredges operating from both ends met. The canal was originally known as the Florida East Coast Canal, and renamed the Intracoastal Waterway in 1929. A lighter barge was used to take passengers across the East Coast Canal (called the "Canal" in Delmy Beach). Two lighters were used; a small one for people and a large one for horses and wagons. Several residents farmed land between the canal and the ocean and the lighter was the only means of getting produce to the mi/roM station. The original plat was recorded for the Town of Linton by William S. Linton of Saginaw, Michigan. First Florida East Coast Railway train arrives in Linton. Post Office is renamed Delray. The original name was Linton. East Atlantic Avenue is paved with rocks from Swinton to the Canal. Town of Delray incorporated and John Shaw Sundy is elected Delmy's first Mayor. First bridge built over the Canal. This first bridge was a hand-cranked Swing Bridge. Young boys enjoyed it as a diving platform, walking up the pulley wires and diving fi.om the top of the poles. A new wooden bridge is built, replacing the 1911 Swing Bridge. According to an article in the Palm Beach Post, the swing bridge had become a travel menace, and for months had bore the sign "Unsafe." U. S. President Warren O. Harding visits Delray Beach. He is photographed on a boat going through the Canal with the bridge open. Town of De/ray Beach incorporated. The town included the land between the canal and the ocean. State bonds for the construction of the new bridge over the East Coast Canal at Delray were sold to Pmden & Company. The 1918 bridge was replaced with a new wood and concrete double lift bridge. 1927: Town of Delray and Town of Delmy Beach combine to incorporate as the Town of Delmy Beach. Feb. 1, 1928: A contract for the Bridge Tenders House was let at the meeting of the Board the County Commissioners. The estimated cost is $2500. 1928-1929: The Florida Inland Navigation District (FIND) was formed to buy the privately-owned Florida East Coast Canal (toll canal). In December 1929, by an act of Congress, the waterway became the Intracoastal Waterway, emending approximately 350 miles from Jacksonville to Miami. 1938-1950: Federal Intracoastal Navigation District widens and deepens the Intracoastal Waterway. This was considered vital to the World War II effort. 1951-1952: The 1926 Double Lift Bridge was replaced with a Chicago-style, double- leaf Bascule Bridge. The 100 foot steel bridge was fabricated by the Nashville Bridge Company and constructed ousite by Cleary Brothers Construction Company. The 300 foot concrete road approaches were constructed by Brinson Construction Company. The bridge tenders house was constructed in 1952 upon completion of the bridge. The bridge is built of steel draw spans, steel hand rails on the draw spans, aluminum diamond plate decking and reinforced concrete bridge approaches and approach balustrades. Mechanically it is a gear driven bridge with a Hopkins's flame. The total cost was $469,000. 1988: The bridge receives a $1.6 million rehabilitation. Much of the machinery and slructural steel was reconditioned. The fenders and Hopkins flame were replaced in kind. The Bridge Tander's House was modified with a new eleclrical system and control console. 1988: The Marina Historic District is listed on the Delmy Beach Local Register of Historic Places. 1991: Bridge Tenders house is redesigned. IV. ARCHITECTURAL SIGNIFICANCE The Atlantic Avenue Bridge is architecturally significant as a good example bridge engineering because it represents advanced American bridge-building technology of the mid-twentieth century. It is a gear driven, Chicago-style, double-leaf, bascule bridge that has had little alteration since it was completed in 1952. The bridge contributes positively to the Atlantic Avenue streetscape because its Iow vertical clearance provides a clear view across the Intracoastal Waterway from both the east and the west and its scale is in keeping with the neighboring buildings. The bridge was constructed by Cleary Bros. Constmctiun Company, a notable fu-m that built numerous biSdges fi'om 1919 to the late 1970s in Palm Beach County and throughout the State of Florida. Bascule bridges are a type of moveable balanced structure that can be tilted at the abutment to move up and out of the way of boats and barges. The term Bascule derives from the French term for a weighing device or seesaw. Bascule bridges are the most ancient in principle of the moveable bridges. The drawbridge of a medieval castle was a Bascule bridge that was simply hinged at its base and hauled up when necessary. The amount of effort required to raise a drawbridge could be dramatically reduced if the bridge was counterbalanced, with the hinge nearer the span's center of gravity. Many ingenious forms of counterbalancing were developed by Dutch bridge builders for their canal spans so that heavy structures could be lifted by one person? Though Bascule bridges have been built since ancient times, the technology of today's bridges developed into their modem form between the 1880s and 1940s. Bascule bridges that use hinge mechanisms to move the spans are usually called heel and mmnion designs? However, many American Bascule bridges use a form of the patent Scherzer roller bearing as a pivot. In this type of bridge, the lifting spans rock backwards as they raise on a geared track. This kind of bearing is most advantageous because it allows the whole width of the channel to be clear when the bridge is opened. The Atlantic Avenue Bridge is a Chicago-style, floor mounted machine gear driven bridge that transfers power from a motor to gears which pivot the bridge on tnmnions.3 On September 14, 1950, a contract in the amount of $413,291 was awarded to Cleary Bros. Construction Company for the construction of the new Atlantic Avenue Bridge.4 The steel bridge would be fabricated by the Nashville Bridge Company and constructed onsite by Cleary Bros. The Nashville Bridge Company was a very prolific bridge building company that fabricated spans and supports for bridges throughout the United States. Some of their Florida bridges include the Brickell Avenue Bridge (Dade County, 1929), the N.W. 2Th Avenue Bridge (Dade County, 1938), the Royal Park Bridge (Palm Beach County, 1922-23), the Boynton Beach Bridge (Palm Beach County, 1936), the El Camino Real Bridge (formerly the Boca Raton Club Bridge, Palm Beach County, 1938-39), the Flagler Memorial Bridge (Palm Beach County, 1938), the McArthur- Fishler Bridge (Nassau County, 1948), the Choetawhatchee River Bridge (Walton County, 1940), and the Port Orange Bridge (Volusia County, 1950).5 Cleary Bros. Construction Company .was a West Palm Beach general contracting firm that operated for approximately sixty years from 1919 to the late 1970s. John B. and Daniel A. Cleary began their constmctiun business by purchasing Lockman Construction Company in 1919. In 1935, the Clearys incorporated as Cleary Brothers Commotion Company and were based out of an office in the Comeau Building at 319 Clematis Street in West Palm Beach. John was the first president and Daniel the first vice-president. During their first twenty years in business, the Clearys did very little bridge work. This changed in the early 1940s when the Cleary Bros. were hired by the State of Florida to widen the original railroad bridges throughout the Florida Keys in order to make them capable of handling automobile traffic. During World War II, the Clearys were contracted by the government to do airport work. They worked on Morrison Air Field (now the Palm Beach Airport), Sebring Air Field and the Boca Raton Air Field. Following the War, Cleary Bros. resumed their bridge building work. In 1947, they constructed the double-bascule Singer Island Bridge in Palm Beach County (this bridge has since been replaced with a large non- moveable bridge). Examples of bridges that the Cleary Bros. built in Florida prior to 1950 include the Boca Raton Club Bridge (Palm Beach County, 1938-39), the West Bay Lift Bridge (Bay County, 1944-45), the White City Lift Bridge (Gulf County, 1947), and the Lantuna Bridge (Palm Beach County, 1950).6 In 1950, they were awarded the contract to construct the Atlantic Avenue Bridge. The work started after tbe1951 winter season and was completed in November t952. When the Atlantic Avenue Bridge was completed, Daniel A. Cleary was the president, Vincent R. Gorham the vice-president, and Clarence D. Lyman the secretary and treasurer. John B. Cleary had passed away in 1951. Daniel Cleary was the son of Dan and Julia Cleary of Cincirmati, Ohio. Daniel Cleary learned his trade from his father, who was also a contractor and bridge builder.7 The Cleary's continued to work throughout the state from Pensacola to Key West until the late 1970s, when they dissolved the company due to legal entanglements with the State of Florida.s Several members oftbe Cleary family reorganized their business and started a new construction company named Palmwood Corporation, Inc. This company remah~ in business at the present time. V. HISTORICAL AND CULTURAL SIGNIFICANCE The history &the Atlantic Avenue Bridge begins in 1894-1896, the years when the East Coast Canal was dredged fi.om Lake Worth to Biscayne Bay. Also during these years, the Town of Linton was settled and the lighter barge was established to transport people and supplies across the canal. In 1898, the Linton Post Office was renamed Delray. As the population of the area grew, bridges were built to accommodate the increased traffic over the canal at Atlantic Avenue. The first, a wooden swing bridge, was completed in 1911. This was replaced with another wooden bridge in 1918. The second wooden bridge was replaced in1926 during the Florida Land Boom with a concrete lift bridge. The current double Bascule bridge was completed in 1952 during a second building and population boom. In 1894, William S. Linton and his friend David Swinton, both of Saginaw, Michigan, traveled to south Florida on a tropical wilderness adventure. While in West Palm Beach, they learned ora land sale near the Orange Grove House of Refuge No. 3 and traveled down the newly dredged East Coast Canal to inspect the land. Linton, with Swintun's help, purchased 160 acres fi.om the owner, Captain William Gleason, for $25 an acre. The following year Linton returned with about 10 people who each purchased 5 acres of his land. With great effort, these pioneers cleared the land and began planting crops. In 1896, Henry Flagter's East Coast Railroad arrived in the settlement on its route south to Miami In conjunction with the arrival of the train, E. Burslem Thomson, a civil engineer for Flagler's Model Land Company, surveyed, platted and recorded the Town ofLinton.9 The growth of the town and surrounding settlements necessitated a means oftmn~ortation to be established across the esha! at Atlantic Avenue. Two lighter barges were brought in to transport passengers and their supplies. The smaller barge carried passengers and limited supplies while the larger barge carried wagons, horses and produce being grown east of the canal. Much of the produce was taken to the railroad station west of the canal for dislribufion to the north. In 1898, Linton experienced financial trouble resulting in foreclosure of his land, and the town was renamed Delray. By the turn-of-the century, the town had grown from a small settlement of pioneer families to 150 residents, and by 1910 the population had risen to 250 residents. The railroad helped facilitate this growth with regular passenger and fi.eight service, bringing supplies, residents and winter visitors. By 1911, Atlantic Avenue had been paved with rocks from Swinton Avenue to the canal, and the avenue was in its early stage of becoming a commercial corridor. The lighter barge was no longer a sufficient means oftramportation across the canal, so a wooden swing bridge was constructed. This was a hand-cranked swing bridge, and early photographs show boys walking on the pulleys and diving fi.om the top of the posts into the cans]. This new bridge created easier access between the Town of Delmy, west of the canal, and the Town of Delray Beach, east of the canal. The bridge, however, began experiencing trouble within five years, and collapsed into the water in 1917? A new wooden bridge was built in 1918 to replace the bridge that had become a travel "menace.''~ Like many other towns in South Flo~da, the Florida Land Boom of the mid 1920s had a significant impact on the Town of Delray. Land auctions were held nearly every day and commercial and residential buildings rose quickly in order to accommodate the new residents and winter visitors. The Land Boom also brought several new developments to the town. These included a number of new subdivisions, the yacht basin along the canal just north of the bridge, and a new $35,000 bridge over the canal. This bridge was constructed in 1926 to replace the 191 wooden bridge, which had become structurally unsafe. Photos of this new bridge indicate that it was a wood and concrete, double lift bridge. Florida's Land Boom was short lived, and after two hurricanes (1926 and 1928) and the Stock Market crash of 1929, much of Delray Beach's real estate was virtually worthless. Delray Beach, however, maintained its status as a resort community and it remained relatively stable in terms of growth and development throughout the 1930s? Growth slowed during the World War II years, but sharply increased afterwards when many veterans returned with theft' families to settle in the area. Newspaper articles fi.om the late 1940s through the early 1950s consistently reported record numbers of building permits and significantly increased construction of both commercial and residential buildings. The tourist population also increased past its pre-War levels. In addition, from 1938 to 1950, the Federal Intracoastal Navigational District, which bought the Florida East Coast Canal in 1929 and renamed it the Intracoastal Waterway, widened and deepened the canal as part of the World War II effort and to promote increased navigation. The two-lane, 1926 Atlantic Avenue Bridge no longer met the needs of the community or the increased marine traffic, so a new bridge was proposed. Discussion of a new Atlantic Avenue Bridge began shortly atter World War II when U.S. engineers of the War Department requested that the Atlantic Avenue Bridge be replaced in order to accommodate an eighty-foot horizontal clearance to allow increased marine traffic. Meetings were held by the Count), Commission and City Council to discuss replacement of the bridge. These discussions led to the deter ~nation that Delray Beach needed two new bridges; a replacement of the Atlantic Avenue Bridge and a new bridge over the Intracoastal at NE Eighth Street. In June of 1947, Delray Beach merchants banded together to ftght for the rebuilding of the Atlantic Avenue Bridge before start of the proposed Eighth Street Bridge. They gathered more than 200 names on a petition requesting that the County Commission make immediate arrangements and plans for financing ora new, modem bridge to span the Intracoastal at Atlantic Avenue. This was a direct attack on the proposition of first building a bridge over the Intracoastal at Eighth Street. The petition stat~l that the reconstruction of the Atlantic Avenue Bridge was vital to the future growth of the city because the present bridge was more than twenty years old, was obsolete and worn out, and may at times be condenmed and be required to remain open for boat traffic indefinitely, in which event the traffic from the business section to the beach would be interrupted indefinitely? Convinced that the majority of the people of Delmy Beach wanted the Atlantic Avenue Bridge given priority over the Eighth Street Bridge, County Commissioner C.Y. Byrd stated that he would start immediately to do everything in his power to see if the new Atlantic Avenue Bridge could be financed through the State Road Board using surplus gasoline tax funds instead of having the building :finane, ed by a bond issue. Commission Byrd also stated that it would not be possible for the Eighth Street Bridge to be given consideration for financing by using gasoline tax funds because the Eighth Street Bridge was considered purely a local bridge for local convenience. As a result of the petition, County Engineer, Jake Boyd' was instrueted to proceed with complete plans for the Atlantic Avenue Bridge including its approaches? Those in favor of building the Eighth Street Bridge before replacing the Atlantic Avenue Bridge called a special meeting of the Delray Beach Property Owners Association to begin plans to fight the petition. They invited Commissioner Byrd to attend in order to hear their position. The June 20, 1947 edition of Delrav Beach News reported that the supporters of the Eighth Street Bridge moved swiftly into high gear to inform voters of their beliefs why the Atlantic Avenue Bridge should not be erected until the Eighth Street Bridge was completed. President of the Delray Beach Property Owners Association, Kenneth Montgomery, stated that the city needed two bridges and the Property Owners Association had made extensive investigations into the matter two years previous and their findings backed the building of the Eighth Street Bridge first. Some of the reasons he stated for building the Eighth Street Bridge first included the significant expense of building a temporary bridge at Atlantic Avenue, the need for beach residents to have another means of reaching the mainland in the case ora hurricane, the need of an additional bridge for providing better fire protection to the beach area, and the need to ease congestion at the Atlantic Avenue Bridge. In addition, it was suggested the Eighth Street Bridge should be built first because it would be far better to have traffic diverted and rolled over to a new bridge eight blocks away than to have congestion, exasperation and delay that was bound to occur if an attempt was made to handle the heavy traffic over any type of temporary structure at Atlantic Avenue. Since the expression of the meeting was so oven~helmingly in favor of two bridges, with the Eighth Street Bridge to be built first, Commissioner Byrd stated that if that was the way the residents wanted it, he would submit a bill for both bridges, and if they passed the State Legislature, the election to validate the Eighth Street Bridge project would be submitted to the people first. The election would take place in December when all of the property owners would be back to vote, and if it failed to pass, an election would be held on the Atlantic Avenue Bridge some time later? On December 16, 1947, Delray Beach property holders overwhelmingly authorized the issuance of $200,000 worth of municipal bonds to build the Eighth Street Bridge. To appease those concerned about the construction of a new Atlantic Avenue Bridge, representatives of the State Road Department and County Commission announced that a new Atlantic Avenue Bridge would be to be started as soon as the Eighth Street Bridge was completed, which was expected to be late 1949. From the initial discussions of replacing the Atlantic Avenue Bridge, there was great concern that businesses would be severely hurt due to loss of direct bridge access fi.om the beach and businesses east of the Intracoastal Waterway to the commercial and residential areas west of the waterway. Local businesses were particularly worried that winter visitors would not put up with the sixteen block detour and would instead stay and shop in other towns in order to avoid this Inconvenience. In May 1949, County Engineer J.M. Boyd and the Palm Beach County Commission traveled to Tallahassce to meet with members of the State Road Department to discuss the bridge project. They were informed that problems of steel supply and other factors would make it impossible to predict when work would begin and bow long it would take to complete. They were also informed that any temporary smacture or means of transportation for crossing the Intracoastal would have to be at local expense since the original appropriation did not include additional funds for this purpose.. Any benefit that might be derived from a drop in the costs of material or contractors' fees would be used in the widening or enlarging of the proposed structure? Numerous meetings of the City Council, the Chamber of Commerce and the County Commission followed fids announcement in efforts to educate the public on the proposed bridge project and allow for local input. In these meetings, local merchants and residents emphasized thai it was vital that the bridge construction only interrupt one winter season. On September 14, 1950, a contract in the mount of $413,291 was awarded to Cleary Bros. Construction Company for the construction of the new Atlantic Avenue Bridge. According to an article in the Delta Beach News, "The new four-lane bridge will be of the jacldmife type, constructed of concrete and steel. Roadways on either side of the bridge will be raised, graded and drainage systems will be installed. Construction work on the project will be begun when the'necessary amount of steel has been obtained. Under the terms of the contract the old bridge may not be removed before April 1, 1951, and then not unless the necessary steel is on the job. It is also specified in the agreement that when the old bridge is removed, some means, such as a pontoon bridge, must be provided for foot traffic to pass to and from the beach. It is hoped that the bridge will be completed and reopened for the season of 1952.''~7 At, er receiving the contract, Cleary Bros. finalized engineering and construction plans with the State Road Department and hired Nashville Bridge Company to fabricate the steel sl~ucture. According to County Engineer Boyd, the first phase of the span construction would begin 90 days before the date set for delivery of the fabricated bridge steel. He estimated the entire job would be completed six months later. They were hoping to have the job started by June 1, 1951, and completed March 1952. Unfortunately, due to increased steel requisitions by the Government for defense planning, shipments of rolled steel were protracted, delaying the start of the bridge construction for several months. On Septemberl3, 1951, County Commissioner Ben Sundy, County Engineer J.M. Boyd, general superintendent of Bridge Consmaction for Cleary Bros., J.H. Lan~ord, and vice-president of Cleary Bros., V.R. Gordon, announced that the delivery of steel for the Atlantic Avenue Bridge had been assured by the Nashville Bridge Company and consWuction on the span would get underway within the next two weeks, pending an order from the State Road Department. They also stated that all electrical equipment, footings, steel and additional materials were ready for the project. No sketch was available, but the men stated that the bridge would be similar to that of the bridge know as "Sunny Isles" in Dade County, running from North Miard Beach to Federal Highway. Cleary Bros. estimated that it would take four to six weeks to remove the "famous old Atlantic Avenue Bridge.''~g When the bridge was closed, a ferry would be commissioned to provide pedestrians with a means oflransportation for crossing the Intracoastal. On September 20, 1951, a bridge opposition group requested that the County Commission stop or delay the construction of the Atlantic Avenue Bridge. Most members of the opposition group were Atlantic Avenue business owners who wanted the bridge construction postponed until April 1952 so not to interrupt the business oftbe approaching winter season. The commissioners stated that there would be no great inconvenience as the new Eighth Street Bridge was just a few blocks north and that construction would not be delayed. On September 27, 1951, detour signs went up and Cleary Bros. started demolishing th~ bridge? On October g~, the ferry, which was actually a harbor tug boat, began its regular sixteen hour a day operation transporting pedestrians across the As construction of the bridge continued, discussions began concerning the bridge approaches and the widening of Atlamic Avenue fi.om Federal Highway to A1A. In February 1952, County Commissioner Ben Sundy announced that $104,000 had been placed in the State Road Department budget for the purpose of widening Atlantic Avenue fi.om Federal Highway to the Ocean Boulevard (A1A). This work would include the 300 foot approaches to either side of the Atlantic Avenue Bridge. The construction of sidewalks and storm sewers would also be included in the project. Sundy stated that all involved hoped that the work would be done in the summer months. In May 1952, ~e project engineer for the State Road Department reported that work on the Atlantic Avenue Bridge was going along as scheduled and was 80 pement complete. He said that they were now waiting for the delivery of bridge flooring and sidewalk grating which was due sometime that month. He was confident that the bridge would be completed on schedule and predicted the opening date as sometime in September. The Superintendent in change of works for Cleary Bros. was of the same opinion and stated that both steel bridge leaves had been let down in a test and they fit perfectly. The leaves were operated on an auxiliary motor which would be used in the event of power lines falling. This would ensure that there would be no danger of the bridge being shut down due to exterior power failure. The Superintendent also added that the contracts for the bridge approaches had been let to Brinson Construction Company of Tampa, Florida, on April 23, 1952, and that work would start within the next two weeks?° One month later, at a meeting of the Delmy Beach Chamber of Commerce, it was disclosed that the steel strike was delaying the completion of the Atlantic Avenue Bridge. The steel decking for the bridge road surface was in the fabrication plant on Long Island and would not be available until two weeks after the final settlement of the steel strike. Chamber members were upset because Cleary Bros. had stated that all steel and materials for the bridge were on hand when the contract was signed, which mined out not to be the case? In August, Commissioner Sundy reported that the bridge and bridge approaches would be open to traffic on or before November 1 ~. However, in September, that prediction was changed to mid-November due to delays in obtaining the bridge flooring. Much of the flooring arrived in mid-October, and on October 27', the $100,703 State Road Department contract for widening the road approaches to the Atlantic Avenue Bridge was let to W.L. Cobb Construction Company of Tampa, Florida. Work was to begin immediately with an anticipated completion date of January 1953. After a fourteen-month and five-day construction period, the new Atlantic Avenue Bridge was opened to traffic on November 10,1952. Crews of the Florida Power and Light Company were observed working around-the-clock the weekend proceeding the fonnal opening of the bridge connecting the power and lights. More than 300 persons attended the dedication of the $413,291 span and heard addresses by County Commissioner Kenneth P. Foster, Delray Beach Mayor Robert Holland, and introductions of visiting notables by County Commissioner Lake Lytal. Distinguished guests who were introduced to the public included ex-County Commissioner C.Y. Byrd, original sponsor of the bridge project and to whom the bridge was dedicated, Daniel Cleary and Vincent Gorham of the Cleary Brothers Consmmtion Company, Linda Allen, Secretary of the Delray Beach Chamber of Commerce, a~d County Commissioners Paul Rardin and Herbert Evens, County Engineer Jake Boyd, County Commission Attorney Harry Johnston and Deparlanent of Parks Superintendent Jack Gross.2: Ex- County Commissioner C.Y. Byrd and Delray Beach Mayor Robert Holland were the first to cross the bridge by automobile. During the past forty-eight years, the 1952 Atlantic Avenue Bridge has played an important role in the transportation of Delray Beach. With exception &the Bridge Tender's House, the appearance of the bridge has remained unaltered. The gears and mechanical equipment have been reconditioned and parts upgraded, though much of the system remains intact. In the 1970s, the City of Delray Beach appealed to the Coast Guard for a restricted bridge opening schedule. The neq. duest w~.de.nie.d based on.the large volume of marine lyaffic, low vertical clearance of the ge ana nmatecl maneuvering space and strong currents which make it difficult for boats to remain m a holding pattern. Today the bridge gets considerable pedestrian and automobile traffic as well as a continued large volume of marine traffic. It is a vital and necessary part of Delray Beach's transportation system and an important part &the Atlantic Avenue streetscape. VI. STATEMENT OF SIGNIFICANCE The Atlantic Avenue Bridge is historically significant as an important means of transportation sparmmg the Intracoastal Waterway along Delray Beach's main commercial corridor. It plays a crucial role in linking downtown Delmy Beach and the commercial and residential areas west of the bridge with the beach and its adjacent commercial and residential sections. The Atlantic Avenue Bridge clearly meets criteria (d) of the Delray Beach Historic Preservation ordinance for local designation &historic sites by "exemplifying the historical, political, cultural, economic, or social trends of the community in history." For more th~ one hundred years, the site of the current bridge has been the historic site of Delray Beach s main point of travel across the Florida East Coast Canal/intracoastal Waterway, beginning in the 1880s with the lighter barge, and continuing with the 1911 and 1918 wooden bridges, the 1926 drawbridge, and the current 1952 double bascule bridge. The barges and the bridges have all played a significant role in connecting the beach and commercial area east of the bridge with the commercial corridors and residential neighborhoods west of the bridge, enabling the City to develop and thrive as a year-round municipality as well as a seasonal resort town. Recently the bridge has aided in the increased land values and development east of the Intraconstal Waterway as well as significant revitalization of properties along Atlantic Avenue and older commercial corridors and neighborhoods west of the Intracoastal Waterway. Architecturally the Atlantic Avenue Bridge is significant as a good example ora double-leaf Bascuie bridge built by Cleary Brothers Conslruction Company, a notable construction company that built a number of distinguished bridges in Florida during the mid-twentieth century. The bridge meets eriteria (b) "embodies those distinguishing characteristics of an architectural style, period or method of construction"of the Delmy Beach Historic Preservation Ordinance for local designation &historic sites. The Atlantic Avenue Bridge embodies diStingu[qhlng characteristics of a method of constxuetion for moveable, Bascule bridges of the twentieth century. In addition, the size and scale of the bridge, particularly the vertical and horizontal clearances, are in keeping with the scale of the buildings along Atlantic Avenue. The bridge has become a very important part of the Atlantic Avenue street, scape and its proportions are complementary with the neighboring historic properties in the adjacent Marina Historic District. VII. Threats and Recommendations There is currently no impending threat to the Atlantic Avenue Bridge, however, during the past decade there has been some discussion about replacing numerous Intracoastal bridges in order to accommodate the two-way marine traffic that the U.S. Coast Guard and the Florida Inland Navigational District (FIND) would like to see on the waterway. In a 1996 article in the Palm Beach Post, David Roach, FIND's assistant executive director, stated that his agency had plans to develop the Intracoastal Waterway into a "son of watery Interstate 95, wide enough for tugs, barges, and other commercial vessels to transport petroleum, manufactured goods, and building materials along the waterway.''~ To accommodate two-way marine a-affic, a bridge would have to have 21 feet of vertical clearance and 125 feet of horizontal clearance. Fortunately for those wishing to preserve the character of the Intracoastal and its bridges, very few existing Intracoastal bridges have the clearances necessary for this type of marine traffic. At the present time it would be a daunting and financially unfeasible project for the bridge owners, mostly states and municipalities, to undertake replacement of the bridges that don't meet FIND's specifications. Many opponents believe that new and larger bridges would be visually disruptive to the surrounding communities and pose a danger if they promoted increased traffic of hazardous materials. In addition, opponents don't believe that the "build-it-and-they- will-come" attitude on waterway commerce is accurate since the Intracoastal is only 10 feet deep for much of its expanse, prohibiting many types commercial marine vessels fi.om traveling the waterway. Another development that could be viewed as either a threat or a protection for historic bridges has been the enactment of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. Under this Act, and the earlier Surface Transportation and Uniform Relocation Act of 1987, some historically significant bridges could be slated for replacement bemuse the Acts facilitate the massive replacement of the country's aging and deteriorated highway infrastructure. However, the Acts also permit funding for bridge rehabilitation and relocation projects, and clearly state that historic bridges should be rehabilitated, reused, and preserved. Moreover, ISTEA requires funding for some preservation projects. The Cultural Resources Department of the National Park Service produced a publication that addressed the issue of bridge preservation. It offered evidence that preserving concrete, metal, and stone bridges is financially prudent, technically feasible, and in many situatious, the preferred alternative to new construction. This publication also emphasized that innovative engineering solutions must be embraced by bridge engineers and transportation officials in order to preserve bridges as important physical reminders of our engineering and transportation legacy?4 As presented in the statement of significance, the Atlantic Avenue Bridge meets the criteria for local Historic Site DesJ~afion as a historically and architecturally significant structure. In addition to its own significance, it is an important structure because its scale compliments the buildings in the adjacent Marina Historic District. Designating the bridge a historic site will help preserve the bridge because all exleaSor alterations or proposed demolition would have to be reviewed by the Delray Beach Historic .Preservation Board and meet the Board's Historic Preservation Guidelines. It would also promote interest in the bridge's architecture and history and enhance community recognition. The designation of the Atlantic Avenue Bridge will help preserve the bridge and the historic Aflentic Avenue streetscape for future generations of Delmy Beach residents and visitors. VIII. END NOTES 1. Martin Hayden, ~t,.,~gJ~,t~l~ (New York City: Galahad Books, 1976) 105. 2. Donald C. Jackson. Great American Bridges and Dam~ CWashington D.C.: The Preservation Press, 1988) 32-33. 3. Gregory Ritzler, Telephone Interview, 18 May 2000. 4. "$413,219 Contract Let For Construction of New Atlantic Avenue Bridge To Be Built Soon," Delray Beach News 14 September 1950: 1. 5. The Historic Highway Bridges of Floricl~ (Tallahassee, Florida: Florida Department of Transportation, 1988) 105. 6. The Historic I-lighwav Brid~es of Florlda, 105. 7. Florida: Historic. Dramatic, Contemvorarv. Family and Personal History, Vol. IV (New York: Lewis Historical Publishing Company, Inc., 1957) 940. 8. John Cleary, Telephone Interview, 8 May 2000. 9. Dad Court Plat Book. Plat Book l, Page 3. 10. "Bridge Across Canal at Delray Collapses," Palm Beach Post 29 June 19t7. I 1. "Delray Bridge Ready for Traffic," Palm Beach Post 24 August 1918. 12. Janus Research, City of Delrav Beach Historic Resources Repor~ (St. Petersburg, Florida: Janus Research, July 1999) 25. 13 " ..... · Battle on Bridge Quemon Brewing: Petatlon Demands Atlantic Bridge Be First," Delrav Beach News 6 June 1947. - 14. "Support Indicates Atlantic Avenue Bridge Wilt Be First: Byrd Hopes Bridge Can Be Financed With Surplus Taxes," Delrav Beach News 13 June 1947. 15. "Attack Atlantic Avenue Bridge Priority: Property Owners Association Heads Map Plans Tonight," ~ 20 June 1947. 16. "Possibility of Larger Structure and Starting Date Subject of Discussion," ~Beach News 13 May 1949. 17. "$413,291 Contract Let For Construction Of New Atlantic Avenue Bridge To Be Built Soon," Delrav Beach News 14 September 1950. 18. "Work Begins in Two Weeks," Delmy Beach News 13 September 1951:1. 19. "New Atlantic Avenue Bridge Finally Underway," Delta Bench News 27 September 1951: 1. 20. "Bridge Completion is Due September Say Bosses," Delmv Beach News ! 5 May 1952:1. 21. "Steel strike Stalls Bridge Construction," Delm¥ Beach News 26 June 1952:1. 22. "Atlantic Avenue Bridge Dedicated," Delrav Beach News 13 November 1952:1. 23. ""Intmcoastal a Watery 1-95," Palm Beach Post 5 February 1996. 24. Thomas C. Jester, "Preserving Historic Bridges," CRM Supplement Vol. 15. No. 2 (Washington, D.C.: The National Park Service, 1992) 1-2. IX. BIBLIOGRAPHY AND SOURCES "$413,219 Contract Let For Construction of New Atlantic Avenue Bridge to be Built Soon. Deira¥ Beach News. 14 September 1950. "Approach Contract Let; Council Ponders Deiray." Deira Beach News. 30 October 1952. "Atlantic Avenue Bridge." Editorial. Deirav Beach News. 6 May 1949. "Atlantic Avenu6 Bridge Cause of Confusion Sunday." Delra Beach News. 19 March 1948 "Atlantic Avenue Bridge Dedicated." Delrav Beach News. 13 November 1952. "Atlantic Avenue Bridge to Open Before Winter.' Palm Beach Post. 17 July 1952. "Attack Atlantic Avenue Bridge Priority: Proper~ Owners Association HeMs Map Plans Tonight." D Ira Beach News. 20 June 1947. "Battle on Bridge Question Brewing: Petition Demands Atlantic Avenue Bridge Be First." Deirav Beach News. 6 June 1947. "Ben Sundy Reports On Bridge, Delmy Gardens." l~Lr~y~~. 16 October 1952. "Boats Held Up at Canal Bridge." Delm¥ Beach News. 21 October 1949. "BOM Election on 8* Slxeet Bridge Set For November 18*: County Commissioners Set Date For Voters to Approve or Disapprove Second Bridge Across Intra-Coastal Canal In Deiray." vl~. 26 September 1947. "Bridge Across Canal At Delray Collapses." Palm~. 29 June 1917. "Bridge Completion is Due September Say Bosses." l~l.~. 15 May 1952. "Bridge Opening Delayed; Wider Approaches Sought." I~.~. 4 September 1952. "Bridge Opposition Group Meets: Sundy, Boyd Claim That There is No Inconvenience." Delmv Beach News. 20 September 1951. "Bridge Project Worries Other Towns." Palm Beach Post. 5 February 1996. "Bridge Will Be Ready First of October; Widening Also Set." ~. 31 July 1952. Britt, Lorn Sinks. My Gold Coast: South_Florida in Earlier Years. Palatka, FL: Brittany House, 1984. "Byrd Urges RoM Department to Let Atlantic Avenue Bids."~g~~. 29 May 1952. "Candidates Give Views on City Issues." Delmv Beach News. 14 November 1947. "C ' hamber of Commerce and City Council Pass New Resolution Urging Fast Summer Completion of Atlantic Avenue: City F ' ' ' ather s Vote ~s Unammous. Delra¥ Beach News. 26 June 1952. "Citizens Have Chance to Widen Atlantic Avenue." Delm~. 10 January 1952. Cleary, John. Telephone Interview. 8 May 2000. "Construction of Atlantic Avenue Bridge to Start." Delra Beach News. 13 September 1951. "Construction of New Atlantic Avenue Bridge Discussed by Civic Groups."~ News. 20 May 1949. "Construction of New Atlantic Bridge Draws Five Questions by Local P.O.P.A." ~ News. 28 June 1951. "County Engineers Say Work on Atlantic Avenue Bridge to Start After Next Season." Delray ~. 12 May 1949. Cmwford, William G., Jr. "A History of Florida's East Coast Canal: The Atlantic Intracoastal Waterway from Jacksonville to Miami." Br w~~. Vol.20: Nos. 34, Summer/Fall 1997. pp. 2-31. Curt, Donald W. Palm Beach CounW: An Illustrated Histo _ry. Northbridge CA: Windsor Publications, 1986. Delray Beach Historical Society. Archives and Photographs. "Delray Bridge Ready for Traffic." ~ 24 August 1918. Earle Bridge Machinery Company. Palm Beach County Moveable Bridee Survey. Boca Raton, Florida, June 1972. "Ferry Boat To Start Work Monday." I~Y~~. 4 October 1951. Florida: Historic, Dramatic. Contemporary: Family and PersoIlal History, Volume IV. New York: Lewis Historical Publishing Company, Inc., 1957. "Freeholders Will Ballot on 8~ Slxeet Bridge First: Property Owners Plan Membership Meeting onlssue." l~. 27 June 1947. Haydeth Martin. The B~k of Brid~es..New York: Galahad Books, 1976. "Height of Proposed Bridge is Protested." ]~y~~. 12 August 1949. The Historic Highway Bridges of Florida Tallahassee, FL.: Florida Department of Transportation, 1989. "Holdups Over On Atlantic Bridge Says Sundy." Delrav Beach News. 28 December 1951. "Intracoastal: A Watery 1-95. Bridge Project Worries Other Towns." Palm Beach Post. 5 February 1996. Jackson, Donald C. Great American Bridges and Dame. Washington, D.C. The Preservation Press, 1988 Janus Research. City of Delrav Beach Historic Resources Report. St. Petersburg, FL, July 1999. Jester, Thomas C. "Preserving Historic Bridges." CRM Sunnlement. Volume 15: No. 2, 1992. Johnson, John. A Delray Beach Chronology. Milano, Karen Webster. Cultural Resource Assessment: A Pronosed Jurisdictional Property Transfer of State Road No. 806 (East Atlantic Avenue) From NE 5'~ Avenue to A1A. Florida Department of Transportation, 1996. National Bridge Inventory. Slructural Inventory and Appraisal. Florida Department of Transportation, 1998. "New Atlantic Bridge Finally Underway." Delmv Beach News. 27 September 1951. "New Atlantic Avenue Bridge Subject of Discussion at Council Meeting Tuesday." Delrav Beach News. 27 May 1949. ''New Bridge Discussion To Be Held." Delrav Beach News. 14 March 1947. Nichol, Steve. "Delmy Seeks to Curb Bridge Openings." ,~llll~. 12 June 1979. "No Bridge Until March 1 - Says County Commissioner." Delrav Beach News. 17 May 1951. "November 10 Ceremonies Will Open Atlantic Avenue Bridge." Delrav Beach News. 6 November 1952. "Possibility of larger Smaeture and Starting Date Subject of Discussion." Delrav Beach News. 13 May 1949. Ritzler, Gregory. Telephone Interview. Florida Depa,tment of Transportation, District 4. lg May 2000 "Road Repairs Will Not Close Atlantic Avenue Says Sundy: Bids for Widening Bridge Approach to Be Heard by Road Department October 3." Delrav Beach News. 21 August 1952. Sanborn Insurance Company Maps. 1922, 1926, 1949, 1963. Simon, Sandy. Rememberine: A Histor~ of Florida's South Palm Beach County 1894-1998. Delmy Beach, FL: The Cedars Group, 1999. Spanton, Michael J., Florida Department of Transportation Inspector. On Site Interview. February 2000 "SRD OKs Atlantic Avenue Widening: Project in Permanent 1952 Budget." Delrav Beach News. 28 February 1952. "State Road Deparanent To Rush Delivery of Bridge Flooring." ~News. 11 September 1952. "Steel Strike Stalls Bridge Conslxucfion." l~. 26 June 1952. "Support Indicates Atlantic Avenue Bridge Will Be First: Byrd Hopes Bridge Can Be Financed With Surplus Taxes." Delrav Beach News. 13 June 1947. "Tampa Firm Bids $100,703 On Approaches To Bridge." DeL'ay Beach News. 9 October 1952. Thomson, E. Burslem, C.E. MaD of the Town of Limon, Florida. 1895. Palm Beach County Abstract Department, Plat Book 1, P. 3. West Palm Beach City Director. 1924 -1989. PHOTOGRAPH LOG Historic Photographs: All historic photographs are from Delray Beach Historical Society photograph collection. 1. Lighter Crossing East Coast Canal at Atlantic Avenue: "Picture is of Miss Ewing, a school teacher who married JJ. Schabinger, as she pulls the chain to move the passenger lighter barge. Mrs Henry Sterling is at the mil. The gentleman is Mr. Crownover." 2. Lighter Crossing East Coast Canal to the Beach, ca. 1900-1910: "Prior to the bridge across the East Coast Canal, two lighters were used. A small one for people, and a large one, pictured, for horses, wagons, business and pleasure. H.J. Sterling and others had farmland between the canal and the beach. The lighter was the only means of getting produce to the railway station." 3. East Coast Canal at De[ray Beach ca. 1910: "Photograph before much development began. The larger boat, called 'The Stranger', is believed to have been owned by J.W. Acton. The building was the fish house. Sinea it took twenty-four hours for a round-trip to Palm Beach by train, people with launches were popular. Trips by the canal could be made more eonverdently." 4. First Bridge over the East Coast Canal at De[ray Beach, built 1911. It was a hand-cranked swing bridge. 5. First Bridge over the East Coast Canal at De[ray Beach, built 1911: '"'It was a hand-cranked swing bridge. Young boys enjoyed it as a diving platform. They walked up the pulley wires to the top of the posts and dove into the canal." 6. Large beat going through the Atlantic Avenue Bridge, 1921. Shows swinging bridge open. U.S. President Warren G. Harding is on the bow of the boat. 7. U.S. President Warren G. Harding in boat waving as he goes through swing bridge at Atlantic Avenue, 1921. 8. U.S. President Warren G. Harding in boat waving as he goes through swing bridge at Atlantic Avenue, 1921. 9. 1926 Atlantic Avenue Bridge being repaired ca. 1930. 10. 1926 Atlantic Avenue double lift bridge. 11. Postcard of 1926 Atlantic Avenue Bridge. Yacht Passing through Drawbridge over Canal, De[ray Beach, Floridm" The postcard is postmarked January 30, 1946. 12. Atlantic Avenue, looking west from. 1926 Atlantic Avenue Bridge. 13. Atlantic Avenue, 1951-1952: "Atlantic Avenue Scene, looking east, sign 'Bridge Out', RoseIla's Pastry & Delicatessen, Fuller Warren Governor." 14. Construction of 1952 Atlantic Avenue Bascule Bridge. 15. Construction of road approaches to Atlantic Avenue Bridge, 1952. 16. Aerial view showing Delmy Beach, 1956. Lookig west, main roads are AIA and Atlantic Avenue. Current Photographs: All photographs of Atlantic Avenue Bridge taken in May 2000. 1. Looking southeast 2. Looking northeast 3. Looking southeast 4. Looking northwest 5. Looking southeast 6. Looking southeast 7. Looking southeast 8. Looking northwest 9. Looking southeast 10. Bridge Tender's House, looking northwest 11. Bridge Deck 12. Marina Historic Dislxict, eastern edge, looking southwest TO: THRU: FROM: SUBJECT: . ~A~E A~ITY MANAGER LING,i~CTING PLANING AND ZONING DIRECTOR PATRICIA CAYCE, HISTORIC PRESERVATION PLANNER ~ MEETING OF AUGUST '1, 2000 FIRST READING OF AN ORDINANCE TO DESIGNATE THE GEORGE BUSH BOULEVARD BRIDGE TO THE LOCAL REGISTER OF HISTORIC PLACES. The George Bush Boulevard Bridge was completed in 1950. Prior to its construction, the community's access to the beach and the barrier islands east of the Intracoastal Waterway was via the two lane Atlantic Avenue Bridge which was constructed in 1926. As the development of the barrier island intensified in the 1930s and 40s it became apparent that another bridge was needed. Congestion on the Atlantic Avenue Bridge coupled with the need to provide an alternative route for emergency vehicles, convinced the community to lobby for a second bridge over the Intracoastal Waterway. Once constructed, this bridge played an important role in the City's post-VVVV2 land boom by providing greater access to the rapidly growing subdivisions and commercial areas north of the central core. The double-leaf Bascule bridge was built by the Murphy Construction Company, specialists in heavy and marine construction in South Florida for more than 66 years. Architecturally, the bridge has remained virtually unchanged except for repairs and minor alterations since its completion, making it a prime example of mid-twentieth century bridge building technology. Its small scale contributes to the Iow-rise commercial and residential buildings located adjacent to the bridge and within the neighboring areas and compliments the streetscape along George Bush Boulevard. Conferring historic status on the bridge will help to preserve it because ail alterations or proposed demolition will require review and approval by the Historic Preservation Board. HISTORIC PRESERVATION BOARD CONSIDERATION The Historic Preservation Board considered this item at a Public Hearing on July 19, 2000. After discussion, the Board voted unanimously to recommend historic designation of the bridge to the City Commission. RECOMMENDED ACTION By motion, approve the ordinance designating the George Bush Boulevard Bridge (f.k.a. the 8th Street Bridge), located at George Bush Boulevard and the Intracoastal Waterway to the Local Register of Historic Places. Attachment: Designation Report ORDINANCE NO. 19-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE GEORGE BUSH BOULEVARD BRIDGE LOCATED AT GEORGE BUSH BOULEVARD AND THE INTRACOASTAL WATERWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, a designation report was prepared for the George Bush Boulevard Bridge (formerly known as the N.E. 8th Street Bridge) located at George Bush Boulevard and the Intracoastal Waterway; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the historic designation on July 19, 2000, and voted unanimously to recommend that the George Bush Boulevard Bridge be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing m regard to the designation of the George Bush Boulevard Bridge as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, to-wit: THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8' Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby 5epealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 1999. MAYOR A'I'I'PSST: City Clerk First Reading Second Reading FLORIDA INLAND NAVIGATION DISTRICT July 17, 2000 COMMISSIONERS T~D B. MOORHEAD CHAIR BREVARD COUNTY CHARLES R. FAULKNER VICE-CHAIR FLAGLER COUNTY JO ANN ALLEN SECRETARY ST LUCIE COUNTY CATHLEEN C. VOGEL TREASURER MIAMI-DADE COUNTY M. SPENT WADDELL MARTIN COUNTY LAURENCE D. LOCKER BROWARD DOUNTY GEORGE P. SUNNELL INDIAN RIVER COUNTY PIERRE D. THOMPSON DAVID K. ROACH EXECDTIVE DIRECTOR MARK T. CROSLEY Patricia Cayce, Historic Preservation Planner City of Delray Beach 100 N.W. Ist Avenue Delray Beach, FL 33444 Dear Ms. Cayce: RE: George Bush Boulevard Bridge Historic Designation Hearing Thank you for providing the District with a notice of the referenced hearing. The District is the "local sponsor" of the Atlantic Intracoastal Waterway in Florida and therefore is an affected party. The District is in general opposed to the designation of transportation infrasu'ucture as historic. The District is of the opinion flint this type of designation has a negative impact on the ability of the bridge owner to maintain and upgn'ade this transportation infi'astructure to meet safety and operational needs of vehicles and vessels utilizing this structure in the future. Please have this letter entered into the public record of the heating. I would like to thank you in advance for the consideration of our comments and your support for the enhancement and protection of the Atlantic Intracoastal Waterway in Delray Beach for the enjoyment and use of future generations. Dax4d K. Roach Executive Director JUL T 9 ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTy 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-E27-3386 FAX NO. 561-624-6480 www aicw org Designation Report for the George Bush BoUlevard Bridge (Formerly Eighth Street Bridge) in the City of Delray Beach Prepared by Janet G. Murphy & Associates, Ina for the Downtown Merchant & Business Association the Delray Beach Historic Preservation Board and the City of Delray Beach May 2000 I. General Information Il. Location Map 112. Time Line IV. V. Vi. Table of Contents Architectural Significance Historical and Cultural Significance Statement of Significance VII. Threats and Recommendations VIIi. End Notes IX. Bibliography and Sources X. Photograph Log Janet G. Murphy & A~sociales, Inc. 218 Almeria Road West Palm Beach, Florida 33405 (561) 832-4224 (561) 804-9598 (fax) Bridee Owned By: Palm Beach County Engineering & Public Works Road & Bridge Division 3700 Belvedere Road Building "C" West Palm Beach, Florida 33406 (561) 233-3980 (561) 233-3986 (fax) Report Prepared May 2000 1, GENERAL INFORMATION Setfin~ The George Bush BoUlevard Bridge, originally the Eighth Street Bridge, spans the Intracoastal Waterway in a commercial and residential area eight blocks north of downtown Delray Beach. The bridge is located 3/10tbs of a mile west of AIA. Residential condominiums are situa~t adjacent to the bridge on the banks of the Intraeoastal to the northwest, northeast, and southeast. The 1950s Marina Delray is located immediately to the southwest. There are no historically designated properties in the immediate vicinity of the bridge. The closest historic district is the locally designated Del-Ida Park HisWrie District located approximately five blocks west of the bridge. The closest individual hisWrie site is the locally designated Koch House situated 4/10tbs of a mile east of the bridge al 777 North Ocean Boulevard near the Delray Beach/Gulfstream Town Line. Physical Description The George Bush Boulevard Bridge (State Structure # 930026) is a five span, rolling 1L~ double-leaf Bascule bridge. The construction of the bridge was begun 1948 and completed in 1950. It is a two-lane highway and pedestrian bridge constructed of steel and reinforced concrete. The stxuctural length is 270 feet and the deck width is 35.3 feet, with the roadway width from curb to curb being 21.9 feet. The approach roadway width, including the shoulders, is 22.6 feet and there is no median. The vertical clearance above mean high water level is 9 feet and the horizontal clearance is 80 feet~ The four approach spans and adjacent sidewalks are constructed of reinforced concrete. The main bridge span, which is comprised of the moveable double 'leafs. and the adjacent sidewalks, is constructed of steel and covered with steel decking. There are slotted raft concrete balustrades on the bridge approaches and steel handrails across the draw spans. The bridge site includes a Bridge Tender's House on the southwest eomer of the center bridge span. The rectangular ~s~onry buildln~o was constructed upon completion of the bridge in1950. The building currently features one-over-one windows on the north, south and east elevations, a single door on the west elevation, a fiat roof with stucco banding al the cornice, and a large antenna. SOND WAY ~THERSPOON LANE McKEE LN. N.E. 7TH N.E. ?TH ST. ~NCENT'$ CHURCH N.E. 6TH ST. N.E. 5TH ST. MARINA DELRA Y WEDGE- WOOD CONDO WATERWAY NORTH CONDO INLET GEORGE THE LANDINGS CONDO M.S.A. TRACT M.$.A. TRACT N GEORGE BUSH BOULEVARD BRIDGE (f,k.a. 8th Street Bridge) IH. Time Line 1893-95: 1896: 1896: 1898: 1911: 1923: 1926: 1928-1929: 1938-1950: 1947: October 1948: February 1,1950: 1957: In 1893, the Florida Coast Line canal and TransPOrtation Company built two dredge boats to dig canals below Palm Beach; one machine started to cut south fi-om Lake Worth, and thc other began to work north fi-om Biscayne Bay. On May 18, 1895, the canal company completed the canal when the dredges operating fi-om both ends met. The canal was originally known as the Florida East Coast Canal, and later as the Intracoastal Waterway. The original plat was recorded for the Town of Linton by William S. Linton of Saginaw, Michigar~ First Florida East Coast Railway train arrives in Lintom Post Office is renamed Delray. The orj~nal name was Linton. Town of Delray incorporated and John Shaw Sundy is elected Delray's first Mayor. Town of Delray Beach incorporated. The town included the land between the canal and the ocean, Town of Delray and Town of Delmy Beach combine to incorporate as the City of Dekay Beach. The Florida Inland Navigation District (FIND) was formed to buy the privately-owned Florida East Coast Canal (toll canal). In December 1929, by an act of Congress, the waterway became the Intracoastal Water~ay, extending approximately 350 miles from Jacksonville to Miami. Federal Intracoastal Navigation District widens and deepens the lntracoastal Waterway. This was considered vital to the War effort. The County Commi~ion and Delray Beach residents be~n discussions of the need to build a second bridge spanning flae In~ in Delray Beach. The ebosen site is NE Eighth Street. Murphy Consmaction Company begins work on the 270 foot, elecffically controlled double-leaf rolling Bascule span and reinforced concrete approach spans over the Inlracoastal at NE Eighth Sm=et. The new bridge sj~nning tile Intracoastal at NE Eight Street is completed and more than 500 people attend the opening c~'r~monles. Marina Delray, located adjacent to the bridge on the southwest side, is completed and open for business. August 1989: Eighth Slreet is renamed George Bush Boulevard and the bridge becomes George Bush Boulevard Bridge. For two years the road and bridge are known by dual names. In 1991, the road and bridge officially become George Bush Boulevard and George Bush Boulevard Bridge. VI. ARCHITECTURAL SIGNrFICANCE The George Bush Boulevard Bridge is architecturally significant as ~ good example of bridge engineering because it represents advanced American bridge-building technology of the mid- twentieth century. It is a double-leaf, rolling lift Bascule bridge that has had very little alteration since it was completed in1950. The bridge conlributes positively to the George Bush Boulevard streetsc~e because its low vertical clearance provides a clear view across the Intracoastal Waterway from both the east and the west and its scale is in keeping with the surrounding low- rise buildings. The bridge was constructed by Murphy Construction Company, a notable family- owned construction firm that was founded in1924 and is still in operation today. The Murphy Construction Company hah built numerous bridges in Palm Beach County and throughout South Florida. Baseule bridges are a type of moveable balanced structure that can be tilted at the abmment to move up and out of the way of boats and barges. The te~m Baseuie derives fiom the French term for a weighing device or seesaw. Baseule bridges are the most ancient in principle of the moveable bridges. The drawbridge of a medieval castle was a Baseule bridge that was simply hinged at its base and hauled up when necessary. The amount of effort required to raise a drawbridge could be dramatically reduced ffthe bridge was counterbalanced, with the hinge nearer the span's center of gravity. Many ingenious forms of counterbalancing were developed by Dutch builders for their canal spans so that heavy structures could be lifted by one person2 Though Baseuie bridges have been built since ancient times, the technology of today's bridges developed into their modem form between the 1 $80s and 1940s. Baseule bridges thai use hinge mechimisms to move the spans are usually called heel and l~unnion designs? However, many American Baseule bridges use a form of the patent Seherzer roller bearing as a pivot. In this type of bridge, the lifting spans rock backwards as they raise on a geared u'ack. This kind of bearing is most advantageous because it allows the whole width of the channel to be clear when the bridge is opened. The George Bush Boulevard Bridge is a roiling lift bridge based on a variation of the Scherzer design. On July 16, 1948, the Board of County Commissioners awarded the Eighth Sheet Bridge conlraet to Murphy Construction Company. The Murphy Construction Company is a family- owned West Palm Beach general contracting firm that was founded by Martin Murphy in 1924. Martin Murphy was a native of Columbus, Ohio. He began visiting South Florida in1919 and moved to West Palm Beach in the early 1920s. In 1924, be formed the Dudley-Murphy Construction Company and began building bridges and sea walls soon after. In the mid 1930s, the company was ~Amed Murphy Construction Company. It was located on Clare Avenue in West Palm Beach. During the past sixty-six years Murphy Construction Company has specialized in heavy and marine construction. In the late 1930s and early 1940% the company built numerous drainage bridges in the Glades and railroad bridges throughout Palm Beach County. In 1948-1950, when Murphy Construction Company built the Eighth Street Bridge, Martin E. Murphy was president and E:IL Wieberson was vice-president In the 1950s, the company built bridges over the Boynton Beach Inlet and the Boca Raton Inlet. In 1964, Martin Murphy passed away and his son, Mm'in E. Murphy, Jr., took over operations. The company is still in business today continuing to do heavy and mariue constmcfiom Their offices remain on Clare Avenue and they have an additional marine yard in Riviera Beach. The company recently built the 1-95 sound wall from Boynton Beach to Delray Beach and the sea wall in Delray Beach just east of the George Bush Boulevard Bridge. V. HISTORICAL AND CULTURAL SIGNIFICANCE The history of the George Bush Boulevard Bridge begins in 1894-1896, the years when the East Coast Canal was dredged from Lake Worth to Biscayne Bay. Also during these years, the Town of Linton was settled and the lighter barge was established to transport people and supplies across the canal at Atlantic Avenue. In 1898, the Linton Post Office was renamed Delray. As the population of the atv~ grew, bridges were built to accommodate the increased traffic over the canal at Atlantic Avenue. The first, a wooden swing bridge, was completed in 1911. This was replaced with another wooden bridge in 1918. In 1926, during the Florida Land Boom, the 1918 wooden bridge and was ~placed with a concrete lift bridge. In 1894, William S. Linton and his fxiend David Swinton, both of Saginaw, Michigan, traveled to south Florida on a tropical wilderness adventure. While in West Palm Beach, they learned of a land sale near the Orange Grove House of Refuge No. 3 and traveled down the newly dredged East Coast Canal to inspect the lan& Linton, with Swinton's help, purchsned 160 acres from the owner, Captain William Gleason, for $25 an acre. The following year Linton returned with about 10 people who each purehs%~:l 5 acres of his land. With great effort, these pioneers cleared the land and began planting crops. In 1896, Henry Flagler's East Coast Railroad arrived in the settlement on its route south to Miami. In conjunction with the arrival of the t~ain; E. Burslem Thomson, a civil engineer for Flagler's Model Land Company, surveyed, platted and recorded the Town of Linton.3 The growth of the tOwn a~l surroanding settlements llecessitated a means of transportation to be established across the canal at Atlantic Avenue. Two lighter barges were brought in to transport passengers and their supplies. The ~mal!er barge carried passengers and limited supplies while the larger barge carried wagons, horses and produce being grown east of the canal. Much of the produce was taken to the railroad station west of the canal for distribution to the north. In 1898, Linton experienced financial trouble resulting in foreclosure of his land, and the town was renamed Delmy. By the turn-of-the century, the town had grown from a small settlement of pioneer families to 150 residents, and by 1910 the population hsd risen to 250 residents. The railroad helped facilitate thin growth with regular passen4ger and freight service, brining supplies, residents and winter visitors. By 19t 1, Atlantic Avenue had been paved with rocks from Swimon Avenue to the canal, and the avenue was in its early stage of becoming a commel~iui corridor. The lighter barge was no longer a sufficient means of transportation across the canal~ so a hand-cranked wooden swing bridge was constructed. This new bridge created easier access between the Town of Delray, west of the canal, and the area east of the canal. The bridge, however, began experiencing trouble within five years, and collapsed into the water in 1917.4 A new wooden bridge was built in 1918 to replace the .bridge that had become a travel "menace.'~ Like many other towns in South Florida, the Florida Land Boom of the mid 1920s had a significant impact on the Town of Detray. Land anctions were held nearly every day commercial and ~sidential buildings rose qulcldy in order to accommodate the new residents and winter visitors. The Land Boom also brought several new developments to the town. These included a number of new subdivisions. Several of these subdivisions were platted north of Delmy's central core on either side of McKinley Avenue (also listed in the mid-1920s as Pinehurst Avenue and later renamed Eighth Street). In January of 1922, the Floridixi Farms Company recorded a plat for the Dell Park subdivision. Its approximate boundaries were NE Eighth Street on the south, NE Thirteenth Street on the north, Swinton Avenue on the west and the F.E.C. Railroad Waeks on the east. When the neighborhood was established, the streets were named after western cities such as Denver, Sacremento, Seattle and Phoenix (the street names were changed to numbers in 1925). During the Land Boom years, this neighborhood was a popular area for'middle-income level families.6 The locally designated Del4de Park Historic District was another early subdivision located north ofDelray's oeutral core. Platted in 1923, the subdivision included the 58 acre leact bounded on the north by NE Eighth Slreet, un the south by NE Fourth Slreet, on the west by Swinton Avenue, and on the east by the F.E.C. Railroad tracks. It was one of Delray's first planned developments and contained 300 building lots and three public parks. Motivated by the patriotic spirit of the fmc, the developer maned six of Del4da's streets after U.S. Presidents, including McKinley, Roosevelt, Taft, W'flson, Coolidge and Harding.? These were later changed to conform with the city numbering system. Many of the early houses were designed in the Mediterranean and Mission Revival styles. East of these subdivisions and adjaceut to the current bridge site on the northeast side, is the Sophia Frey subdivision. Platted in March of 1926, this subdivision remained mostly undeveloped until the late 1940s and early 1950s. Florida's Land Boom was short lived, and after two hurricanes (1926 and 1928) and the Stock Market crash of 1929, much of Delray Beach's real estate was virmaJJy worthless. Delray Beach, however, maintained its status as a resort community and it r~nalned relatively stable in terms of growth and development throughout the 1930s.8 Growth slowed during the World War II years, but sharply Increased afterwards when many veterans returned with their families to settle in the are~ Newspaper articles from the late 1940s through the early 1950s consistently reported record nmbers of building permits and significantly increased construction of bofl~ commercial and residential buildings. The tourist population also increased past its pre-War levels. In addition, from 1938 to 1950, the Federal Intmcoastal Navigational District, which bought the Florida East Coast Canal in 1929 and renamed it the Intracoastal Waterway, widened and deepened the canal as part of the World War li effort and to promote increased navigation. A sJ~ifieam amount of Delray Beach's growth was oec~ north of the city's central core both east and west of the Intmeoastal. Homeowners and developers in these areas recoEniTvd the need for a nearby bridge and believed a bridge spanning the Intmeoastal at NE Eighth Street would be a desirable site. However, discussion of a new Atlantic Avenue Bridge had also begun. U.S. engineers of the War Department requested that the Atlantic Avenue Bridge be replaced with a new bridge that would have an eighty-foot horizontal cleanmce to allow increased marine traffic. Meetings were held by the County Commission and City Council to discuss replacement of the bridge. These discussions led to the determination that Delray Beach needed two new bridges; a replacement of the Atlantic A. venue Bridge and a new bridge over the Intraeoastal at NE Eighth Stree~ In June of 1947, Delray Beach merchants banded together to fight for the rebuilding of the Atlantic Avenue Bridge before start of the proposed Eighth Street Bridge. They gathered more than 200 names on a petition requesting that the County Commission make immediate arrangements and plan~ for financing ora new, modem bridge to span the Intracoastal at Atlantic Avenue. This was a direct attack on the proposition of first building a bridge over the Intracoastal at Eighth Street. The petition stated that the reconstruction of the Atlantic Avenue Bridge was vital to the future growth of the city because the present bridge was more than twenty years old, was obsolete and worn out, and may at times be condemned and be required to remain open for boat traffic indefinitely, in which event the traffic from the business section to the beach would be interrupted indeflnitety.9 Convinced that the majority of the people of Delray Beach wanted the Atlantic Avenue Bridge given priority over the Eighth Street Bridge, County Commi.qsioner C.Y. Byrd stated that he would start immediately to do everything in his power to see if the new Atlantic Avenue Bridge could be financed through the State Road Board using surplus gasoline tax funds instead of having the building financed by a bond issue. Commissioner Byrd also stated that it would not be possible for the Eighth Street Bridge to be given consideration for financing by using gasoline tax funds because the Eighth Street Bridge was considered purely a local bridge for local convenience. As a result of the petition, County Engineer, Jake Boyd, was meted to proceed with complete plans for the Atlantic Avenue Bridge including its approaches? Those in favor of bnilding the Eighth Street Bridge before replacing the Atlantic Avenue Bridge called a special meeting of the Delray Beach Property Owners Association to be~n plans to fight the petition. They invited Commissioner Byrd to attend so they could voice their position. The June 20, 1947 edition of Delrav Beach News reported that the supporters of the Eighth Street Bridge moved swiftly into high gear to inform voters of their beliefs why the Atlantic Avenue Bridge should not be erected until the Eighth Street Bridge was completed. President o£the Delray Beach Property Owners Association, Kenneth Montgomery, stated that the city needed two bridges and the Property Owners Association had made extensive investigations into the matter two years previous and their findings backed the building of the Eighth Street Bridge first. Some of the reasons he stated for building the Eighth Street Bridge first included the significant expense ofbnilding a temporary bridge at Atlantic Avenue, the need for beach residents to have another means of reaching the mainland in the case of a hurricane, the need of an additional bridge for providing better fire protection to the beach area, and the need to ease congestion at the Atlantic Avenue Bridge. In addition, it was suggested the Eighth Street Bridge should be built first because it would be far better to have traffic diverted and rolled over to a new bridge eight blocks away than to have congestion, exasperation and delay that was bound to occur if an attempt was made to handle the heavy traffic over any type of temporary structure at Atlantic Avenue. Since the expression of the meeting was so overwhelmingly in favor of two bridges, with the Eighth Street Bridge to be built first, Commissioner Byrd stated that if that was the way the residents wanted it, he would submit a bill for both bridges, and if they passed the State Legislature, the election to validate the Eighth Street Bridge project would be submitted to the people first. The election would take place in December when all of the property owners would be back to vote, and if it failed to pass, an election would be held on the Atlantic Avenue Bridge some time later? On December 16, 1947, Delray Beach property holders overwhelmingly authorized the issuance of $200,000 worth of municipal bonds to build the Eighth Slxeet Bridge. To appease those concerned about the construction of a new Atlantic Avenue Bridge, representatives of the State Road Deparlment and County Commission announced that a new Atlantic Avenue Bridge would be started as soon as the Eighth Street Bridge was completed, which was expected to be late 1949. In March 1948, the Atlantic Avenue Bridge malfunctioned, musing traffic congestion and confusion for most of an afternoon. This incident prompted questions concerning progress on the Eighth Street Bridge. County Commissioner C.Y. Byrd answered the concerns, stating that the bridge was progressing according to schedule. The permit for the construction had been obtained from the War Department and details were being worked out in order to comply with their specifications. This work was in the hands on Palm Beach County Engineer J.M. Boyd. Boyd anticipated that bids would be advertised in June and construction started shortly thereafter. He emphasized, however, that the bridge would not be available for the next winter season because even if construction were begun immediately, the difficulty of obtaining steel and other materials would delay its completion. He further explained that the bridge would be a drawspan type double-leaf Baseule bridge complete and modem in every way and possessing all the latest improvements? The Delray Beach Property Owners Protective Association wrote to Commissioner Byrd and County Engineer Boyd in April 1948 requesting information on the progress of the Eighth Street Bridge. Commissioner Byrd assured the property owners that the work was being carried forward with all possible speed and said that the right of ways for the approaches were being secured. He emphasized that everything possible was being done to have the bridge in operation by the next tourist season. Byrd also stated that the money for the construction was in the hands of the County and that the bonds for the bridge had been purchased in February by the First National Bank of Palm Beach from TM Cook & Company, agents of Palm Beach? Boyd also assured the property owners that plans for the new bridge were progressing, however, he stated that he had experienced some complications with the detailed construction plans and specifications. First, he had to overcome the War Department District Engineer's contention for a higher bridge that would have significantly added to the cost of the structure and interfered with the use of abutting property due to high approaches, all without any tangible advantages. And second, he had to completely redesign the uri~nal bridge plan due to the conditions at the bridge site. Instead of having the bridge built on a 90 degree angle, the site required that the bridge be constructed on a skewed angie.~n On May 28, 1948, a call for bids for consWaction of the Eighth Strut Bridge was issued by the Board of County Commissioners. The notice specified that all labor, materials, equipment and supplies necessary for the bridge construction be included in the bid. According to the plans, the bridge would have an electrically controlled double-leaf rolling Bascule span and concrete approach spans of an overall length of 267 feet? Two months later, in July 1948, the Board of County Commissioners voted to accept the bid of the Murphy Construction Company to build the Eighth Street Bridge. Although the bid was over the allotted $200,000 provided by the b~.nd issue to finance the project, it was the lowest bid submitted. Plans for financing the additional amount would be worked out between the County Commission and the State Road Department t6 Due to increased steel requisitions by the Government for defense planning, shipments of rolled steel were promtcted, delaying the start of the bridge construction for several months. Steel was finally obtained, and in late October 1948, Murphy Brothers Construction Company began work on the Eighth Street Bridge? Work progressed largely on Schedule and an early completion date was anticipated. However, on December 29, 1949, hopes of an early completion date ~eeived a setback when vice president of Westinghouse, C.E. Black, stated in a letter to Count3, Engineer Boyd and the Delray Beach Chamber of Commeme that changes in the design of the bridge control panel were delaying its delivery. He assured them that the matter was receiving the personal attention of Westinghouse's industrial control division manager, and that the panel would be shipped by January 6, 19507 Oa January 12, 1950, County Engineer Boyd reported that the Westinghouse control equipment was expected to arrive shortly and that an early February bridge dedication could be planned. Commissioner Byrd was authorized by the County Commission to have complete authority for arranging the dedicatory services for the new bridge. Two weeks later, Commissioner Byrd announced that all equipment for the bridge had arrived and that the bridge would be opened on February 1, 1950. As planned, the Eighth Street Bridge opened on February 1, 1950, to a crowd of more than 500 people. The event climaxed a year and a half of construction work and provided a second means of access to the beach area. Ceremonies for the dedication were under the direction of E.L. Emerson, secretary-manager of the Chamber of Commerce, and postmaster LeRoy Diggans acted as master of ceremonies. Featured speakers included Delmy Beach Mayor John N. Kabler, who made the dedicatory speech, and T.M. O'Neal, former county commissioner who introduced the original bill for the bridge. O'Neal gave credit to Dorothy Day Mitchell, C.W. Garner, Charles Crane and Kenneth Montgomery for their active support that made the bridge possible. State SenatQr John Beacham> State Representative John Bollinger, County Commission Chairman Lake Lytal, State Road Depmhuent Representative Risdon Boykln~ County Engineer J.M. Boyd and Martin E. Murphy, president of the Murphy Construction Company, also spoke briefly. County Commissioner Byrd, making what he called his final public appearance after eighteen years in office, termed the bridge as a mae example of public expression. "The people voted for the bridge and the people will pay for it through taxation.''~9 Byrd also confirmed a report by Representative Bollinger that the State Road Department may lease the bridge at a rental that would cover the retirement of the bonds issued for its construction. The State funds would come fi.om the gasoline tax. Miss Barbara McMurraln~ Miss Spirit of Fishing for 1950, cut the ribbon, officially opening the span to traffic. The Seacrest band then presented a concert and led the first automobile across the bridge. Mayor Kabler was the first to drive across the bridge followed by dignitaries and a long procession of residents.2° Two month after the bridge opening, the Delrav Beach News ran an article on William L. Christanson, a Palm Beach resident who owned the Eighth Street property on either side of the road east of the bridge. The article reported that Christenson had undertaken a project of beautifying and landscaping the property in order to preserve the natmal beauty of the area which contained many interesting species of tropical trees and foliage, ineludlng palina, banyans, robber trees and a few almost ancient lemon arid orange trees? The post-war homing boom lasted through the first half of the 1950s. The Sophia Frey subdivision and surrounding areas flourished with new homes. A few low-rise apartment buildings and tourist motels were also built in areas neighboring the new bridge. NE Eighth Street developed into a commercial corridor with gas stations, taverns, restaurants and shops. In 1957, Marina Delray was constructed on property at the southeast comer of the bridge. This significantly increased the marine traffic surrounding the bridge. Development in the area has continued until the present time. There was another wave of activity in the 1970s and 1980s when several condominium buildings were constructed along the Intracoastal on property adjacent to the bridge. The subdivisions east and west of the Intracoastal encountered infl!l, often with larger and more grand houses than those built in the 1940s and 1950s. Another development which took place from 1963 to 1988 on property adjacent to bridge on the west side was city annexation of county land. From the time the Town of Delray incorporated in 1911, the city had been annexing unincorporated property from the county to increase its land holdings. Most of the land surrounding the bridge had been annexed in the 1910s and 1920s, however, a small portion of the land just west of the bridge remained under Palm Beach County ownership. The various parcels were gradually annexed by the City of Delray Beach between 1963 and 1988. In 1982, Palm Beach County proposed to mmsfer conlml of the Eighth Street Bridge to the City of Delmy Beach. However, the Delray Beach City Council opposed the transfer, stating that the maintenance and operation of the bridge would unfairly burden Delray Beach taxpayers with an estimated $120,000 a year expense. Today the bridge continues to be owned and operated by Palm Beach County. During the past fifty years, the George Bush Boulevard Bridge h~q played an important role in the transportation of Delray Beach. The bridge has remained virtually unchanged except for repairs and minor alterations since its completion in 1950, making it a prime example of mid- twentieth century bridge-building technology and architectural design. Its small scale contributes to the low-rise commercial and residential buildings located adjacent to the bridge and within the neighboring areas. Today the bridge gets considerable automobile traffic as well as a large volume of marine traffic. It has become a vital part of Delmy Beach's transportation system by providing residents and business owners greater access to the beach area in addition to increased access to Delray Beach by tourists and residents traveling AIA. VI. STATEMENT OF SIGNIFICANCE The George Bush Boulevard Bridge is historically si~tmificant as an important means of transportation spanning the IntlliCoastal Waterway. The bridge meets criteria (d) of the Delmy Beach Historic Preservation ordinance for local designation of historic sites by "exemplifying the historical, political, cultural, economic, or social trends of the community in history." The the bridge has played a significant role in connecting the beach and residential area east of the bridge with the commemiai corridors and residential neighborhoods west of the bridge. It also played an important role in Delray Beach's post-World War II land boom by providing greater access to the rapidly growing subdivisions and commercial ale, as north of the city's central core. Its access for tourists and residents Iraveling AIA has also helped Delray Beach develop and thrive as a year-round municipality and a seasonal resort town. Recently the bridge ha~ aided in the increased land values and development east of the InWaeoastal Waterway. Architecturally the George Bush Boulevard Bridge is significant as a good example of a double-leaf Bascule bridge built by Murphy Construction Company, a notable construction company that has been specializing in heavy and marine construction in South Florida for more than sixty-six years. The bridge meets criteria Co) "embodies those distinguishing characteristics of an architectural style, period or method of consmaction"of the Delmy Beach Historic Preservation Ordinance for local designation of historic sites. The George Bush Boulevard Bridge embodies distinguishing characteristics of a method of construction for moveable, Baseule bridges Of the twentieth century. In addition, the size and scale of the bridge compliment the streetscape along George Bush Boulevard for they are in keeping with the size and scale of the buildings on the surrounding properties. V1~. Threats and Recommendations There is currently no impending threat to the George Bush Boulevard Bridge, however, during the past decade there has been some discussion about replacing numerous Inlracoastal bridges in order to accommodate the two-way marine traffic that the U.S. Coast Guard and the Florida Inland Navigational District (FIND) would like to see on the waterway. In a 1996 article in the Palm Beach Post, David Roach, FIND's assistant executive director, stated that his agency had plans to develop the Intmeoastal Waterway into a "sort of watery Interstate 95, wide enough for tugs, barges, and other commercial vessels to transport petroleum: manufactured goods, and building materials along the waterway."" To accommodate two-way mar/ne traffic, a bridge would have to have 21 feet of vertical clearance and 125 feet of horizontal clearance. Fortunately for those wishing to preserve the character of the Intmcoastal and its bridges, very few existing Intracoastal bridges have the clearances necessary for this type of marine traffic. At the present time it would be a daunting and financially nnfeasible project for the bridge owners, mostly states and municipalities, to undertake replacement of the bridges that don't meet FIND's specifications. Many opponents believe that new and larger bridges would be visually disruptive to the surrounding communities and pose a danger if they promoted increased traffic of ba?ardous materials. In addition, opponents don't believe that the "build-it-and-they- will- come" attitude on waterway commerce is accurate since the Intracoastal is only 10 feet deep for much of its expanse, prohibiting many types commercial marine vessels from traveling the waterway. Another development that could be viewed as either a threat or a protection for historic bridges has been the enactment of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. Under this Act, and the earlier Surface Transportation and Uniform Relocation Act of 1987, some historically significant bridges could be slated for replacement bemuse the Acts facilitate the massive replacement of the nation's aging and deteriorated highway in~eture. However, the Acts also permit funding for bridge rehabilitation and relocation projects, and clearly state that historic bridges should.be rehahilitated, reused, and preserved. Moreover, ISTEA requires funding for some preservation projects. The Cultural Resources Department of the National Park Service produced a publication that addressed the issue of bridge preservation. It offered evidence that preserving concrete, metal, and stone bridges is financially prudent, technically feasible, and in many situations, the preferred alternative to new construction. This publication also emphasized that innovative engineering solutions must be embraced by bridge engineers and transportation officials in order to preserve bridges as important physical reminders of our engineering and transportation legacy? As presented in the statement of significance, the George Bush Boulevard Bridge meets the criteria for local Historic Site Designation as a historically and architecturally si~ificant structure. Designating the bridge a historic site will help preserve the bridge because all exterior alterations and any proposed demolition would have to be reviewed by the Delray Beach Historic Preservation Board and meet the Board's Historic Preservation Guidelines. It would also promote interest in the bridge's architecture and history and enhance community recognition. The designation of the George Bush Boulevard Bridge will help preserve the bridge and the boulevard's streetscape for future generations of Delray Beach residents and visitors. VIII. END NOTES 1. Martin Hayden, The Book of Bridges, New York City: Galahad Books, 1976, p.105. 2. Donald C. Jackson. Great American Brid~es and Dams. Washington D.C.: The Preservation Press, 1988. pp. 32-33. 3. Dade CounW Plat Book. Plat Book 1, Page 3. 4. "Bridge Across Canal at Delray Collapses," Palm Beach Post 29 June 1917. 5. "Delray Bridge Ready for Traffic," Palm Beach Post 24 August 1918. 6. Janus Research, Ciw of Delm¥ Beach Historic Resources Report (St. Petersburg, Florida: Janus Research, July 1999) 24. 7. Palricia Cayce, Del4da Park Local Historic District Nomination. 1988. 8. Janus Research, City of Delra¥ Beach Historic Resources Report (St. Petersburg, Florida: Janus Research, July 1999) 25. 9. "Baffle on Bridge Question Brewing: Petition Demands Atlantic Bridge Be First," Delray Beach News 6 June 1947. 10. "Support Indicates Atlantic Avenue Bridge Will Be First: Byrd Hopes Bridge Can Be Financed With Surplus Taxes," Delra¥ Beach News 13 June 1947. 11. "Attack'Atlantic Avenue Bridge Priority: Property Owners Association Heads Map Plans Tonight," Delra¥ Beach News 20 June 1947. 12."Atlantic Avenue Bridge Cause of Confusion Sunday." Delm¥ Beach News. 19 March 1948. 13. "Letters State Progress of New Bridge." Delrav Beach News. 12 April 1948. 14. "Letters State Progress of New Bridge." Delmv Beach News. 12 April 1948. 15. "Call for Bids Issued for Eighth Street Bridge." Delra¥ Beach News. 28 May 1948. 16. "8t~ Street Bridge Bid Accepted." Delra¥ Beach News. 16 July 1948. 17. "Second Bridge for Delmy Beach." Delrav Beach News. 29 July 1948. 18. "Completion of Waterway Bridges to Be Delayed." Delm¥ Beach News. 29 December 1949. 19. "Eighth Street Bridge Dedicated in.Ceremonies Yesterday Afternoon." Delra¥ Beach News. 2 February 1950. 20. "Eighth Street Bridge Dedicated in Ceremonies Yesterday Afternoon." Delra¥ Beach News. 2 February 1950. 21. "Eighth Street Property Being Beautified." Delrav Beach News. 13 April 1950. 22. '"'Ina'acoastal a Watery 1-95," Palm Beach Post 5 February 1996. 23. Thomas C. Jester, "Preserving Historic Bridges," CRM Supplement Vol. 15. No. 2 (Washington, D.C.: The National Park Service, 1992) 1-2. IX. BIBLIOGRAPHY AND SOURCES "8t~ Street Bridge Bid Accepted." Delra¥ Beach News. 16 July 1948. "Another Bridge Approved For Delray 9-1." Delra¥ Beach News. 19 December 1947. "Attack Atlantic Avenue Bridge Priority: Property Owners Association Heads House Maps Plan Tonight." Delray Beach News. 20 June 1947. "Battle on Bridge Question Brewing: Petition Demands Atlantic Avenue Bridge Be First." Delrav Beach News. 6 June 1947. "Bond Election on 8t~ Slxeet Bridge Set for November 18a: County Commissioners Fix Date for Voters to Approve or Disapprove Second Bridge Across Intra-Coastal Canal In Delray." Delra¥ Beach News. 26 September 1947. "Bridge Transfer Opposed." Miami Herald. 16 March 1982. Britt, Lora Sinks. My Gold Coast: South Florida in Earlier Years. Palatka, FL: Brittany House, 1984. "Byrd in Charge of Eighth Slxeet Bridge Dedication." Deh-ay Beach News. 12 January 1950. "Call for Bids Issued for Eighth Street Bridge." Delrav Beach News. 28 May 1948. "Candidates Give Views on City Issues." Delrav Beach News. 14 November 1947. Cayea, Patrieia. Del-Ida Park Historic Desienation Reoort. Delray Beach Historic Preservation Board and the Del-lda Park Neighborhood Association. 15 January 1988. City of Delray Beach _Annexation Map. "Completion of Waterway Bridges To Be Delayed." Delra¥ Beach News. 29 December 1949. Crawford, William G., Jr. "A History of Florida's East Coast Canal: The Atlantic Intracoastal Waterway fxom Jacksonville to Miami?' Broward Legacy. Vol.20: Nos. 3-4, S~mmer/Fall 1997. pp. 2-31. Curl, Donald W. Palm Beach CounW: An Illu~tsated History. Northbridge CA: Windsor Publications, 1986. Delray Beach Historical Society. Archives and Photographs. Earle Bridge Machinery Company. Pal~n Beach County Moveable Brid~e Survey. Boca Raton, Florida, June 1972. "Eighth Street Bridge Dedicated In Ceremonies Yesterday Afternoon." Delm¥ Beach News. 2 February 1950. "Eighth Street Bridge Set for Opening Celebration at 4 p.m." Delrav Beach News. 26 January 1950. Florida: Historic, Dramatic. Contemporary: Family and Personal History. Volume IV. New York: Lewis Historical Publishing Company, Inc., 1957. "Freeholders Will Ballot on 8t~ Street Bridge First: Property Owners Plan Membership Meeting Issue." Delm¥ Beach News. 27 June 1947. The Historic Highway Bridees of Florida. Tallahassee, FL.: Florida Department of Transportation, 1989. "Intmcoastal: A Watery 1-95. Bridge Project Worries Other Towns." Palm Beach Post. 5 February 1996. Jackson, Donald C. Great American Bridges and Dams. Waqhington, D.C. The Preservation Press, 1988 Janus Research. City of Delm¥ Beach Historic Resources Rer~ort. St. Petersburg, FL, July 1999. Jester, Thomas C. "Preserving Historic Bridges." CRM Supnlement. Volume 15: No. 2, 1992. The Koch House Desi~,nation Re~ort. Delray Beach Historic Preservation Board. 1998. "Letters State Progress on New Bridge." Delm¥ Beach News. 2 April 1948. Milly, Nancy. "Boynton Woman is a Bridge Tender." Delra¥ Beach News Journal. 15 February 1979. National Bridge Inventory. Structural Inventory and Appraisal. Florida Department of Transportation, 1998. "Opening of Bridge Set for Tomorrow at 4 p.m." D¢lra¥ Beach News. 31 January 1950. Sanborn Insurance Company Maps. 1922, 1926, 1949, 1963. "Scenes at Eight Street Bridge Opening." Delm¥ Beach News. 7 February 1950. "Second Bridge For Delmy Beach." Delrav Beach News. 29 October 1948. Simon, Sandy. Remembering: A Histo~ of Florida's South Palm Beach County 1894-1998. Delmy Beach, FL: The Cedars Group, 1999. Sophia Frey Subdivision Plat Man. Addition to Delray, Palm Beach County. 6 March 1926. Spanton, Michael J., Florida Depmiment of Transportation Inspector. Personal IntervieTM. February 2000 "Support Indicates Atlantic Avenue Bridge Will Be First: Byrd Hopes Bridge Can Be Financed With Surplus Taxes." Delm¥ Beach News. 13 June 1947. Thomson, E. Burslem, C.E. Map of the Town of Linton. Florida. 1895. Palm Beach County Abslract Deparlment, Plat Book 1, P. 3. West Palm Beach City Directory. 1952. X. PHOTOGRAPH LOG Historic Photographs: AIl historic photographs are from thc Delray Beach Historical Society's photograph collection. 1. Barge crossing over East Coast Canal in early 1900s at site that later became Eighth Street (and later George Bush Boulevard). 2. Aerial view, 1956, Eighth Street Bridge (later George Bush Boulevard Bridge). Curr~nt Photographs: All photographs of George Bush Boulevard Bridge taken May 2000. 1. Looking northeast 2. Looking northwest 3. Looking northeast 4. Looking nox~chwest 5. Looking southeast 6. Looking east 7. Looking northeast 8. Looking southwest 9. Looking southwest