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Agenda Reg 09-07-00 MEETING RESCHEDULED TO THURSDAY EVENING CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING SEPTEMBER 7, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS 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 at 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: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 2. 3. 4. 5. Roll Call.' Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of August 1, Regular Meeting of August 15, Proclamations: 2000 2000 A. Breast Cancer Awareness Month - October 2000 B. Kids Day America - September 16, 2000 C. National Young Reader's Day - November 8, 2000 Presentations: None Consent Agenda: City Manager recommends approval. A. INTERLOCAL AGREEMENT FOR WEST ATLANTIC AVENUE COORDINATOR Bo POSITION: Approve an interlocal agreement between the City and the Community Redevelopment Agency for assistance in funding staff support for the West Atlantic Redevelopment Coalition, Inc. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 2000 through September 30, 2001, with funding in the amount of $48,000.00 from 001-1111-511-34.90 (City Commission Other Contractual Services). RESOLUTION NO. 63-00: Approve a resolution amending the membership of the Parking Management Advisory Board by adding a representative from the West Atlantic Redevelopment Coalition and an additional citizen-at-large representative, an amendment to the Board's By-Laws, and authorize the Regular Commission Meeting September 7, 2000 modification of the appointment/expiration dates to coincide with those of the CRA, DDA and Planning and Zoning Board. D. RESOLUTION NO. 64-00 (ABA~-DONING A PORTION OF PERIWINKLE Eo F° LANE): Approve a resolution vacating and abandoning an unimproved, east/west portion of the Periwinkle Lane right-of-way lying between N.W. 2nd Avenue and the north/south portion of Periwinkle Lane, based upon positive findings. FINAL PLAT APPROVAL/STORAGE AMERICA: Approve the final boundary plat for Storage America, a proposed self service storage facility located on the north side of S.W. 10th Street between S.W. 14th and 15th Avenues. The subject property is zoned LI (Light Industrial) District and contains 3.36 acres. GP~kNT APPLICATION TO FLORIDA BOATING IMPROVEMENT PROGRAM OF Go PALM BEACH COUNTY (PROPERTY ACQUISITION): Authorize submitting an application to the Florida Boating Improvement Program of Palm Beach County for grant funding in the amount of $70,000 (50% of the total cost of $140,000) to assist with the purchase of the Odabachian property located on the east side of U.S. Highway ~1, adjacent to the MSA 650 Parcel which the City leases from the Florida Inland Navigation District. INITIATION OF FUTURE LAND USE MAP AMENDMENT AND REZONING FOR INTERNATIONAL TENNIS RESORT PROPERTY: Initiate a small scale Future Land Use Map (PLUM) amendment from MD (Medium Density Residential 5-12 units/acre) to CF-R (Community Facilities-Recreation) and associated rezoning from RM (Medium Density Residential) to CF (Community Facilities) District for the International Tennis Resort property (now known as the Delray Swim and Tennis Club). RELEASE OF BILLS ON PURCHASE OF INTERNATIONAL TENNIS RESORT PROPERTY: contract property. Approve the release of unpaid bills pursuant to the for the purchase of the International Tennis Resort FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Jo Approve two funding subsidies in the total amount of $38,375.00 ($17,000.00 and $21,375.00, respectively) for income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the ll0th and lllth homeownership assistance grants provided through the program to-date. AMENDMENT NO. 2 TO DISASTER RECOVERY SERVICES AGREEMENT/GRUBBS CONSTRUCTION COMPANY: Approve Amendment No. 2 to the Disaster Recovery Services Agreement with Grubbs Construction Company to increase certain equipment rental rates and hourly personnel rates. -3- Regular Commission Meeting September 7, 2000 K. RESOLUTION NO. 60-00: Approve a resolution assessing costs for the emergency board-up of an unsafe structure located at 575 Angler Drive. L. RESOLUTION NO. 61-00: Approve a resolution assessing costs for the demolition of an unsafe structure at 46 N.W. 12th Avenue. RESOLUTION NO. 62-00: Approve a resolution assessing costs for action necessary to abate nuisances on twenty-six (26} properties throughout the City. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 14th through September 1, 2000. O. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $15,800, including delivery, to Blue Ribbon Industrial Components Corporation for the purchase of 20 flow line digital panel meters and Wika pressure transducers for the ESD Utility Maintenance Division, with funding from 441-5144-536-46.20 (W&S Lift Station Maintenance Equipment Maintenance). 2 o Purchase award in the amount of $35,000 to R.B. Grove, Inc., via General Services Administration (GSA) contract, for the purchase of a 150 KW Trailer Mounted Portable Generator as additional support for the pump station on the barrier island, with funding from 448-5461-538-64.90 (Stormwater Utility - Other Equipment). 3 o Bid award in the annual amount of $67,053.00 to Universal Beach Service Corp. for the beach cleaning services contract for a three year period beginning October 1, 2000, with funding from 001-4123-572-34.90 (Ocean Rescue - Other Contractual Services). Bid award in the amount of $58,190.00 to OK Tours, Inc. for bus rental and driver service, with funding in the amount of $8,940 from 001-4105-572-44.90 (After School), $7,220 from 001-4121-572-44.90 (Athletics/Special Events), $33,030 from 001-4106-572-44.90 (Summer Camp), and $9,000 from 115-4912-572-55.30 (Rocks Football). Purchase award in the amount of $14,458.82 to JC White Office Furniture, via State of Florida contract, for the purchase of office furniture for the Police Department's Vice, Intelligence and Narcotics section, with funding in the amount of $8,184.49 from 001-2115-521-51.20 (Police Investigative Office Equipment) and $6,274.33 from 001-2115-521-64.10 (Office Furniture/Fixtures). -4- Regular Commission Meeting September 7, 2000 o Purchase award in the amount of $24,846 to SNAP-ON Industrial, via State of Florida contract, for the purchase of a Sun Engine Analyzer for the Central Garage, with funding from 501-3311-591-64.90 (City Garage - Other Machinery/Equipment) through budget transfer from Garage Fund prior year surplus. Purchase award in the amount of $37,625.00 to Industrial Water Treatment and Controls Company, sole source vendor, for the purchase of an automatic emergency chlorine shut-off system at the Water Treatment Plant, with funding from 441-5143-536-64.90 (Water Maintenance Other Machinery & Equipment). Approval of a three (3) year lease with Mears Motor Leasing for a full size vehicle for the Police Department Volunteer Program at a total cost of $13,844. Funding for the first two years ($9,228) will be from 115-2116-521-49.50 (1998 BJA Block Grant), with the third year ($4,614) from 115-2118-521-49.50 (1999 BJA Block Grant). Bid awards to multiple vendors for the annual medical and drug supplies contract at an estimated cost of $96,500, with funding in the amount of $95,000 from 001-2315-526-52.20 (Fire Operations/General Operating Supplies) and $1,500 from 001-4123-572-52.20 (Ocean Rescue). 9. Regular Agenda: CONDITIONAL USE REQUEST/DOWNTOWN DELRAY FIDELITY FEDERAL BANK: Consider a request for conditional use approval to allow the establishment of a financial institution with drive-through facility for Downtown Delray Fidelity Federal Bank. The subject property is located on the south side of S.E. 1st Street between S.E. 5th Avenue (southbound Federal Highway) and S.E. 6th Avenue (northbound Federal Highway), and is zoned CBD (Central Business District). QUASI-JUDICIAL PROCEEDING B. REJECTION OF BIDS & AWARD OF SEPARATE PURCHASE ORDERS FOR MUNICIPAL GOLF COURSE BRIDGE REPAIR PROJECT: Consider rejecting all bids received for the golf course rehabilitation project, and approve a reduced scope of work and alternate purchase awards to Florida Guardrail, Inc., via Palm Beach County contract, in the amount of $6,918.70, to Murray Logan Construction, via City of West Palm Beach contract, in the amount of $6,400.00, and in-house signage work by the Traffic Division in the estimated amount of $1,000.00, for a total revised project cost of $14,318.70 with funding from 445-4761-572-63.90 (Municipal Golf Course Other Improvements). -5- Regular Commission Meeting September 7, 2000 C. AMENDMENT NO. i TO TENNIS CENTER MANAGEMENT AGREEMENT: Fo Ko Consider approval of Amendment No. 1 to the Tennis Center Management Agreement with Dubin & Associates, Inc. to provide for additional management services for the Delray Swim and Tennis Club property (referred to in the agreement as the Additional Site). FY 2001 TENNIS CENTER RATES: Consider approval of the proposed FY 2001 rates for the Municipal Tennis Center. FY 2001 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2001 maximum rates for the Municipal Golf Course. FY 2001 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2001 maximum rates for the Lakeview Golf Course. SPECIAL EVENT REQUEST/MUZAK HEART AND SOUL STROLL: Consider a request for special event approval to allow the Muzak Heart and Soul Stroll to be held on October 14, 2000, including temporary use permit, use of the City's small stage, and staff assistance for traffic control. SPECIAL EVENT REQUEST/DEAF SERVICE CENTER WALK: Consider a request for special event approval to allow the 1st Annual Deaf Service Center Walk to be held on January 11, 2001, including temporary use permit, staff assistance for traffic control, waiver of parking meter fees at Anchor Park and allow the park to remain open until approximately 8:30 p.m. RESOLUTION NO. 59-00: Consider approval of a resolution authorizing the City to purchase certain property (Lots 12 and 13, Block 2, Silver Terrace) for the purpose of providing affordable housing, and accepting the contract for sale and purchase. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one regular member and one alternate member to the Board of Adjustment to fill unexpired terms ending August 31, 2001. The appointments will be made by Commissioner Archer (regular member) and Commissioner Schwartz (alternate member)· BID AWARD FOR PURCHASE OF TRIPLE COMBINATION PUMPER FOR FIRE DEPARTMENT: Consider approval of a bid award in the amount of $299,604 to Ten 8 Fire Equipment Inc./Pierce, as the lowest responsive, responsible bidder, for the purchase of a triple combination pumper for the Fire Department, with funding from 501-3312-591-64.20 (City Garage - Vehicle Replacement). -6- Regular Commission Meeting September 7, 2000 10. Public Hearings: RESOLUTION NO. 65-00 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2001. RESOLUTION NO. 66-00 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. RESOLUTION NO. 67-00 (TENTATIVE BUDGET ADOPTION FOR FY 2001): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2000 through September 30, 2001. ORDINANCE NO. 22-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.4.12, "Planned Commercial (PC) District", by amending Subsection 4.4.12(D), "Conditional Uses and Structures Allowed" and Subsection 4.4.12(G), "Supplemental District Regulations", to implement provisions of the Lindell Boulevard/Federal Highway Redevelopment Plan. If passed, a second public hearing will be scheduled for September 19, 2000. ORDINANCE NO. 21-00 (TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2000-2): 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) for approximately 14.19 acres located at the southwest corner of Linton Boulevard and Military Trail (Palm Court Plaza). City-initiated Future Land Use Map amendment for 1.8+/- 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). Combined City and privately initiated Future Land Use Map amendment for 6.4 acres from GC (General Commercial) and RDA #5 (Redevelopment Area #5) to CC (Commercial Core). ORDINANCE NO. 20-00: An ordinance amending Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", of the City Code by repealing Subsection 56.16(E) and enacting a new Subsection 56.16{E) in order to remove any reference to the Master Appraisal File. -7- Regular Commission Meeting September 7, 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: ORDIN;tNCE NO. 23-00: An ordinance annexing to the City the Pathways to Recovery site located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road; providing for a small scale Future Land Use Map amendment from County MR-5 {Medium Density 5 units per acre) to City CF (Community Facilities); and establishing initial zoning of CF (Community Facilities) for the property. If passed, a quasi-judicial public hearing will be scheduled for OCTOBER 3, 2000. ORDINANCE NO. 24-00: Future Land Use Map amendments from RDA #6 to GC (General Commercial) in conjunction with the adoption of the Lindell/Federal Highway Redevelopment Plan. If passed, a public hearing will be scheduled for September 19, 2000. ORDINANCE NO. 25-00: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2001. If passed, a public hearing will be scheduled for September 19, 2000. ORDINANCE NO. 17-00: An ordinance amending Chapter 36, "Finance; City Property Transactions", Subheadings "City Purchasing" and "Change Orders and Contract Modifications", to provide for a streamlined procedure for purchases under $1,000.00, to add electronic bids/quotes for purchases under $6,000.00, to provide for changes in the City's purchasing limits and to correct certain titles. If passed, a public hearing will be scheduled for September 19, 2000. 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -8- CITY OF DELRAY BEACH. FLORIDA. CITY COMMISSIO/~I REGULAR MEETING - SEPTEMBER 7, 2000 - 6:00 P.M~ -COMMISSION CHAMBER,q THE CONSENT AGENDA IS AMENDED BY ADDING ITEM 8.O.10. AS FOLLOWS: 8. Consent Agenda O. Award of Bids and Contracts: 10. Bid award in the amount of $59,069.00 to Subaqueous Services, Inc. for the Tropic Isle Canal Dredging project, with funding from 448-5461~538-63.90 (Stormwater Utility - Other Improvements). Also attached is a revised budget summary (Exhibit "A" to Resolution No. 67-00 which is Item 10.C. on the agenda) ' reflecting the reduced millage rate of 7.95 mills. Addendum. September 7, 2000.Reg. Mtg. WHEREAS October 2000 is National Breast Cancer Awareness Month; and WHEREAS October 20, 2000 is National Mammography Day; and WHEPJ~AS an estimated 182,800 new cases of female breast cancer will be diagnosed in 2000, and 40,800 women will die from the disease; and WHEREAS, an estimated 1,400 new cases of male breast cancer will be diagnosed in 2000, and 400 men will die from the disease; and WHEREAS, early detection and prompt treatment can significantly reduce suffering and deaths caused by breast cancer; and WHEREAS, mammography, an "x-ray' of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of October 2000 as BREAST CANCER AWARENESS MONTH and October 20, 2000 as I~%I~4OGRAPHY DAY in the City of Delray Beach, and urge everyone to become aware of their risk of breast cancer, talk to their health care providers about breast cancer, and get screened for the disease. I further encourage all residents to become involved in the war against breast cancer. 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 7th day of September, 2000. DAVID W. SCHMIDT MAYOR WHEREAS, our community seek~ to support parents in carrying out their responsibility for the Health and well-being of their children; and WHEREAS, the Safely of our children is a significant concern of parents, community leaders and health care givers; and WHEREAS, our children's awareness of Environmental Issues is of universal concern and deserves the utmost attention; and WHEREAS, if started in childhood, proper Health, Safety and Environmental habits can be maintained for a life time, producing a valued member of society, and enhancing our community. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the 16~ of September, 2000 as KIDS DAY AMERICA in the City of Delray Beach, and urge all citizens to learn about health awareness, fire safety, bike safety, recycling, drug awareness, and many more important topics to keep our children safe and make Delray Beach a healthier and happier place to live. IN WITNESS WHEREOF, ! have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7t~ day of September, 2000. DAVID W. SCHMIDT MAYOR Atlafltic/kvenue Dr~ Tanya Hlinka August 14, 2000 Dear Mayor Schmidt, and Council, We look forward to becoming the official Chiropractor representing the first annual Kids Day America/InternationalTM program in Delray Beach on September 16th, 2000. Kids Day America/InternationalTM is a Health, Safety and Environmental Awareness Day in which we are able to educate communities about these important issues. As to date, over 500,000 children and their families have been able to enjoy this day throughout the world. With the help and support of local police departments, county sheriWs offices, dentists and photographers volunteering their time, all of these children completed Child Safety ID cards. Mayors, Governors and Senators across the nation have signed the official Kids Day America/InternationalTM proclamation. We are asking you to support the event by signing a proclamation representing the State of Florida. We have included several previously signed proclamations for your reference. There is currently enough support from Mayors and Governors around North America to bring this program to the White House, creating a national day recognizing chiropractors helping the children of their communities. Our event this year will be benefiting The Delray Beach Academy Charter School Building Fund, whose intent is congruent with the values and goals of this office. We have a vested interest in the community, are child centered, and strive to promote health and wellness, without neglecting the underprivileged and disadvantaged. Their involvement is an atmosphere allowim, students tn ~ninv tholr et~hr~r~l ......... ~':le preparing for educational print ID children. In ~nt will be discussing fire cards. We would love to .' · , .,,,. frO East Atlan~c Avenue, Suite 300 · Delray Beach, Florida 33444 · 561.278.8382 · Fax 561. 278.8856 '£1T¥ OF DELRR¥ BBI£H DELRAY EEACH 1993 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · PROCLAMATION '407/243.7000 WHEKEA~, our community seeks to support parents in carrying out their responsibility for the Health and well-being of their children; and W~ERKAS, the Safety of our children is a significant concern of parents, community leaders and health care givers; and WHEREAS, our children,s awareness of Environmental Issues is of universal concern and deserves the utmost attention; and WHEREAS, if Started in childhood, proper Health, Safety and Environmental habits can be maintained for a life time, producing a valued member of society, and enhancing our community. NOW, THEREFORE, Z, JAY AL~ERZN, Mayor of the City of Delray Beach, Florlda, on behalf of the City Commission, do hereby proclaim May 15, 1999, as KIDS DAY AMERICA in Delray Beach, Florida, and urge. all citizens to learn about health awareness, fire safety, bike . awareness, and many more imDor~=~ .~_~e~y,. recycling, drug safe and make Delray Beach ...... ~m~u~ uo neep our children live. a healthier and happier place to IN WIT~ESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of May, 1999. SENATOR RON KLEIN 28th District THE FLORIDA SENATE Tallahassee, Florida 32399-1100 Commeme and Ecoeomic ~lttee, V/ce Chairmen Educa~on Flsca~ Poitey Health, Aging end Long-Term Cam JOINT COMMITTEE: Legislate Committee on Intergovernmental Relaitons, Chairman Kids Day America/International Proclamation May 15, 1999 Wbereos, the Health and well-being of children is our responsibility; and,, Wbereos, the Safety of our children is a s~nificant cor~ern for parents, community leaders and be;lth care givers; arul,, Whereas, if started in childhood, proper Health, Safety and Environmental b.~bits can be maintained for a lifetime, producing a valued member of society, and ery~ancing our community; Now, Therefore, I, Ron Klein, State Senator, do bereby proclaim tl~ 15th of May 1999 os "Kids Day America/International" in Senate District 28 and urge that this day be dedicated to tbs Gorts of Doctors of Chiropro~tic in helping educate ar[citize~ on tbs importance of Heal~ Safety and Environmental issues affecting our community. State Senator ~strict 28 REPLY TO: ~1 3333 South Congress Avenue, Suite 305 A, Delray Beach, Fiorida 33445 (561) 274-4777 TONI JENNINGS WILLIAM Gl. "DOC' MYERS President President Pm Tempera Kids Day America/InternationalrM Proclamation September 1iith, 2000 WHEREAS, the Health and well-being of children is our responsibility; and, WHEREAS, the Safety of our children is a significant concern for parents, community leaders and health care givers; and, WHEREAS, Environmental welfare is of universal concern and deserves the utmost attention; and, WHEREAS, if started in childhood, proper Health, Safety and Environmental habits can be maintained for a lifetime, producing a valued member of society, and enhancing our community; Now, Therefore, I, Governor / Mayor, do hereby proclaim September 2000 as "Kids Day America / IntemationalTM'' in the 16th of and urge that this day be dedicated to the efforts of Doctors of Chiropractic in helping educate all citizens on the importance of Health, Safety and Environmental issues affecting our community. OFFICE OF THE MAYOR THE CORPORATION OF THE DISTRICT OF OAK BAY MUNICIPAL HALL - 2167 OAK BAY AVENUE . VICTORIA, B,C. VSR PHONE (250) 598-3311 FAX (250) 598-9108 PROCLAMATION KIDS DA Y IhrIERA/A 7'ZONAl. WHEREAS the health and well being of Children is our responsibility; and WHEREAS the safety .of our children is a significant concern for parents, community leaders and health care givers; and WHEREAS environmental welfare is of universal concern and deserves the utmost attention; and WHEREAS, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime, producing a valued member of society and enhancing our community; NOW THEREFORE I, Christopher M. Causton, Mayor of the District of Oak Bay, do hereby proclaim May 9, 1998, as/(ZD$ DA YZ/V'/'ER/V~ 7ZONAL Chri r Distn'ct of Oak Bay THE CORPORATION OF THE DISTRICT OF SAANICH 770 Vernon Avenue, Victoria, British Columbia VSX 2W7 Phone (250) 475-1775 Fax (250) 475-$400 PROCLAMATION KIDS DA Y INTERNATIONAL - MA Y 9, f998 WHEREAS: The Health and well-being of children is our responsibility; and WHEREAS: The safety of our children is a significant concern for parents, community leaders and health care givers; and WHEREAS: Environmental welfare is of universal concern and deserves the utmost attention; and WHEREAS: If started in childhood, proper Health, Safety and Environmental habit,, can be maintained for a lifetime, producing a valued member of society, and enhancing our community. NOW THEREFORE, I, Fra.nk Leonard, Mayor of the Corporation of the Distr~ct of Saanich, do hereby proclaim May 9, 1998, as KIDS DAY INTERNATIONAL in Saanich, and urge that this day be dedicated to the efforts of Doctors of Chiropractic in helping educate all citizens on the importance of Health, Safety and Environmental issues affecting our community. Dated this 9~ day of April, 1998. Mayor WHEREAS, the Library of Congress designated 1989 as "THE YEAR OF THE YOUNG READER" to remind Americans of the joys and importance of reading books for children and young adults; and WHEREAS, today, more than a decade later, parents, educators, and concerned individuals, as well as schools, libraries, businesses, and organizations, are being called upon to support reading activities; and WHEREAS, Pizza Hut, Inc. sponsor of the BOOK IT! National Reading Incentive Program, joined with the Center for the Book in the Library of Congress, also a decade ago, to create NATIONAL YOUNG READER'S DAY for schools and communities across the nation to celebrate reading with library projects, book drives, storytelling, reading rallies, principal challenges, and young reader recognition programs; and WHEREAS, in the 2000-01 school year, BOOK 1T! will use the optional reading theme, "Space: Mythology to Technology," featuring a bibliography of theme-related books; and WHEREAS, the Center for the Book invites schools, libraries, civic groups, and communities to join in "BUILDING A NATION OF READERS" at the beginning of a new' millennium. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim Wednesday, November 8, 2000, as NATIONAL YOUNG READER'S DAY in Delray Beach, Florida, and encourage all schools and students to increase their awareness of reading through recognition of this day. 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 7th day of September, 2000. DAVID W. SCHMIDT MAYOR JON - 6 BOOK IT!* NATIONAL READING INCENTIVE PROGRAM ADVISORY COUNCIL MEMBERS American Association of School Administrators American Federation of Teachers American Library Association The Center for the Book / Library of Congress Council for ~'aerican Private Education International Reading Association National Alliance of Black School Educators National Association of Eleraentary School Principals National Association of Partnezs in Education National Association of Secondary School Principals National Association of State Boards of Education National Catholic Educational Association National Council of Teachers of English National Education Association National School Boards Association National School Public Relations Association June 1,2000 Mayors Invited to Issue National Young Reader's Day Proclamations And Participate in the Mayors' Favorite Childhood Book Survey We~'re asking mayors across the country to participate in the national observance of the eleventh annual National Young Reader's Day on Wednesday, November 8, 2000. National Young Reader's Day was established by the Center for the Book in the Library of Congress and Pizza Hut, Inc., sponsor of the BOOK IT!® National Reading Incentive Program. In 1989, the Center for the Book's reading campaign theme was "The Year of the Young Reader." In 2000, the reading campaign theme is "Building a Nation of Readers." To help celebrate this theme, Pizza Hut and the Center for the Book are asking teachers - especially teachers of the 22 million preschool and elementary school children enrolled in the BOOK IT! and BOOK IT! Beginners Programs- to set aside time for reading activities on this special day. We are also asking libraries, civic groups, and businesses to join in building a nation of readers by organizing and supporting reading promotion projects. We invite you to involve your city in this Celebration of Reading by proclaiming November 8 as National Young Reader's Day. A sample proclamation is attached. Also, we would like your participation in a Mayors' Favorite Childhood Book Survey. We are asking 1,000 mayors to send us their most favorite or several favorite books they have read as children or that they read to their own children and grandchildren. We will release the results of this survey to the media in November. A survey form is attached. If you have any questions about the proclamation or the Favorite Childhood Book Survey, please contact Boris Weinstein at (412) 688-7435 in Pittsburgh, PA. Thank you for your support. Sincerely, Boris Weinstein Enclosures: Sample proclamation and survey form NATIONAL YOUNG READER'S DAY MAYORS' FAVORITE CHILDHOOD BOOK SURVEY and PROCLAMATION PARTICIPATION MAYOR'S NAME CITY/STATE OFFICE CONTACT PHONE FAX E-MAIL Do you plan to issue a proclamation celebrating National Young Reader's Day on Wednesday, November 8, 2000? If YES, please send the proclamation by September 1, 2000, to the following address in order to have your city included in national, state, and local publicity: The BOOK IT! Program c/o Boris Weinstein 9920 E. Harry Street, Suite 114 Wichita, KS 67207 What was your favorite book(s) as a child or the book(s) you have liked best to read to your children and/or grandchildren? Please respond with your survey by September 1, 2000. You can return it by: Mail: The BOOK IT! Program c/o Boris Weinstein 9920 E. Harry Street, Suite 114 Wichita, KS 67207 e-mail: bookit~pizzahut.com Fax: (316) 685-0977 $,4MPLE PROCL,4M.4 TION NATIONAL YOUNG READER'S DAY NOVEMBER 8, 2000 WHEREAS, the Library of Congress designated 1989 as "The Year of the Young Reader" to remind Americans of the joys and importance of reading books for children and young adults; and WHEREAS, today, more than a decade later, parents, educators, and concerned individuals, as well as schools, libraries, businesses, and organizations, are being called upon to support reading activities; and WHEREAS, Pizza Hut, Inc., sponsor of the BOOK IT!® National Reading Incentive Program, .joined with the Center for the Book in the Library of Congress, also a decade ago, to create National Young Reader's Day for schools and communities across the nation to celebrate reading with library projects, book drives, storytelling, reading rallies, principal challenges, and young reader recognition programs; and WHEREAS, in the 2000-01 school year, BOOK IT! will use the optional reading theme, "Space: From Mythology to Technology," featuring a bibliography of theme- related books, and WHEREAS, the Center for the Book invites schools, libraries, civic groups, and communities to join in "Building a Nation of Readers" at the beginning of a new millennium. NOW THEREFORE, I, , Mayor of , do hereby proclaim Wednesday, November 8, 2000, as National Young Reader's Day and encourage all schools and students to increase their awareness of reading through recognition of this day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed on this the day of__ DE LRAY BEACH RECEIVED CITY ~ANAGER August 30, 2000 David T. Harden City Manager 100 NW 1st Avenue Delray Beach, FL 33444 RE: Interlocal Agreement for West Atlantic Avenue Coordinator Position Dear David, Attached please find three copies of the Interlocal Agreement between the City and the CRA for payment of costs associated with the West Atlantic Avenue Redevelopment Coordinator position. The agreement is back-dated from July 5, 2000 (Rosalind Murray's start date), and runs through September 30, 2001. It has been reviewed by City Attorney Susan Ruby. The City's share of salary and benefits for this time period is $32,200. The CRA approved the agreement at their meeting of August 24, 2000. Please have it placed on the City Commission agenda for approval, and have a signed copy returned to us. Thank you for your attention to this matter. S~n~erely, - Diane Dominguez Interim Executive Director Attachments: · Interlocal Agreement (3 copies) 24 North Swinton Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 ~?. ~. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR ASSISTANCE IN FUNDING STAFF SUPPORT FOR THE WEST ATLANTIC REDEVELOPMENT COALITION, INC. THIS AGREEMENT is made and entered into this __ day of , 2000 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, herein referred to as the "CITY" and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WlTNESSETH: WHEREAS, the CRA is committed to the implementation of the West Atlantic Avenue Redevelopment Plan and to the success of its dependent organization, the West Atlantic Redevelopment Coalition, hereinafter referred to as "WARC"; and, WHEREAS, the City Commission has a significant interest in the redevelopment of the West Atlantic Redevelopment Corridor, and therefore, to the success of WARC and the implementation of the West Atlantic Redevelopment Plan; and, WHEREAS, the CITY had previously entered into a Funding Interlocal Agreement that expired on September 30, 1999; and, WHEREAS, the CITY wishes to assist the CRA in providing financial assistance in providing for staff assistance to WARC; and, WHEREAS, the CRA wishes to continue to financially support WARC through staff support but requires additional assistance. NOW, THEREFORE, in consideration of the mutual covenants and promises contained, the parties agree as follows: 1. The recitations set forth above are hereby incorporated herein. The term of this contract shall commence on the 5th day of July, 2000, and terminate on the 30th day of September, 2001. The CITY shall provide financial assistance to the CRA for one-half of the salary and benefits for one staff member to pro. vide assistance to WARC for the redevelopment of the West Atlantic Avenue Corridor, in an amount not to exceed $32,200. The CRA will provide for the other remaining salary and all other benefit costs as well as any program related costs. The CITY is not responsible for any items related to the West Atlantic Redevelopment Program such as travel, entertainment, professional development, newsletter costs, and other program related costs or expenses. No prior or present agreements or representations with regard to WARC staff support services shall be binding on the CITY or the CRA unless included in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing or executed by the party or parties intended to be bound by it. The CITY, by entering into this Funding Interlocal Agreement, does not undertake any responsibility other than funding and shall not be deemed an employer, nor is it intended that this agreement constitute an employment agreement binding on the CITY. The validity of any portion, article, paragraph, provision, clause, or any portion thereof in the Agreement shall have no effect upon the validity of any other part or portion hereof. To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. This Agreement shall be governed by and in accordance with the laws of the State of Florida. Neither the CITY, nor the CRA shall assign, convey, or transfer any fights or interest in this Agreement without the written consent of the other. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH By:_ David Schmidt, Mayor City Attorney 2 ATTEST: Print Name:kk 3 rlT¥ ElF DELRi:I¥ BEI:I£H DELRAY BEACH NI-AmericaC~ 1993 TO: FROM: 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MEMOR., d DUM David T. Harden City Manager obert A. Barcinski ssistant City Manager DATE: August 28, 2000 SUBJECT: Agenda Item City Commission Meeting September 7, 2000 Agreement for Lobbying Services ACTION City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2000 to September 30, 2001 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. BACK GR 0 UND Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. The amount of the agreement is the same as it has been the last several years. Terms and conditions have not changed. Services provided under this contract include providing the City lobbying assistance and representation with the Governor and Cabinet, local State Legislatures, County Commissioners and Federal officials. The lobbyist attends legislative committee meetings, regular legislative sessions, special sessions, as needed, and other meetings as required. She also interfaces with the Municipal League assisting the City in coordinating its efforts with the League Ms. Daley has been the City lobbyist for 13 years. In the past, she has been instrumental in obtaining grant funding for Old School Square; ensuring that Beach Re-nourishment legislation and funding have benefited the City. Ms. Daley has assisted in defeating legislation detrimental to the CRA and helped rewrite state statutes affecting CRA's. She has drafted legislation to expand wastewater reuse options without jeopardizing funding, assisted in obtaining grant funding for the Sandoway House, assisted the City in working with FPL to get turtle lights on A-I-A, and worked with the Municipal League on issues affecting cities. THE EFFORT ALWAYS MATTERS ~:~. ~. Agenda Item City Commission Meeting September 7~ 2000 Agreement for Lobbying Services Page #2 Key issues for which lobbying services will be needed this year include the review of the Communication Service Tax, and the state tax structure, including ad valorem taxation. Additionally, the state will be reviewing growth management in its entirety, Workforce Florida One, emergency services and the preservation of our coastal legislation. We have found in the past that it is beneficial to have a lobbyist based in Tallahassee, especially when committees and the legislature are in session. RECOMMENDATION Staff recommends approval of the Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. in the amount of $48,000 from October 1, 2000 to September 30, 2001. Funding is available in account number 001-1111-511-34.90. RAB/tas File.'u:sweeney/agenda Doc: daley 00-01 Request to be placed on: X Regular Agenda When: September 7, 2000 AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: August 30, 2000 __ Workshop Agenda Description of agenda Item: City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2000 to September 30, 2001 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approval D. psr,.,..t .esd S,O.sture: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items invol~nfl expenditure of,fun~ls): Funding available: Yes ~ No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved NO. Disapproved P,O. # (if applicable) FRCel ; ~icL~od & Assocl~s PHONE NO. ; 8~1 224 @2S? Aug. 22 2~ 02;38PH P2 Kathleen E. Daley & 3asociates, Inc. Governmental Consultants AGREEMENT FOR LOBBYING SERVICES As Government Affairs Consultant/Lobbyist for the City of Delray l~eaeh, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc., a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, state agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation 'affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beavh, and managing partner of the account, working in conjunction with the Dleray Beach City Council, the Delray Beach City Manager, and other such staffpersons within the City Administration as they are related m my duties on behalf of the City. I will make myself available to the above mentioned persons and offices on both :egular and "as needed" basis for the meetings and discussions rela~ed to my duties on behalf of the City. FROH : HcLeod & Rssoctates PHONE HO. : 850 224 82'87 Rug. 22 20~ 82.:39P, t P;~ It is submiRed that my services would be initially contracted for a period of one (1) year from October 1, 2000 to October 1, 2001, to be reviewed for renewal by the Commission at the end of sald period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Dalcy & Associates, Inc. will be paid a retainer in the total amount of $48,000 for the contracted period due in twelve (12) equal monthly installments payable by the 30th of each month beginning in October of 2OOO. 2. Any additional "special project" work which may be requested at any ~ime by the City Commission of the Office of the City Manager, and which falls outside of my realm of duty as (~overnmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on ~ special project basis. 3. Either the City of Delray Beach or Kathleen Daley & Associates, Inc. may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City of Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $4g,000. (ii) If terminated by thc City of'Delray Beach at any time during the contractcd period, for good cause, Kathleen Daley & Associates, ]{nc. will retain FF~N : McLeod 8, RSSoclates PHON~ NO. ; EIS~ 224 828? P, ug. 22 2~;~ ~.:39Pt,1 P4 a prorated to-date portion of the total amount of $48,000. Good cause shall include, but not be limited to, the arrest of any of the prbaeipals of Kathleen Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen Daley & Associates, Inc. which may subject the City o£Delray Beach or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveness ofKathleen Daley & Associates, Inc. in fulfilling their obligations under this agreement. (iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the con~aeted period, Kathleen Daley & Associates, Inc. will retain a prorated to-date portion of the total amount of $~8,000. 4. This Agreement shall be executed as an original and three cotm.terpa~s. WITNESSES: KATHLEEN DALEY & ASSOCIATES INC. BY Kathleen E. Daley ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to form: By Mayor City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ff. ~, - REGU!.AR MEF. TING OF SEPTEMBER 7. 2000 RESOLUTION NO. 63-00 AND BY-LAW AMENDMENT - PARKING MANAGEMENT ADVISORY BOARD DATE: SEPTEMBER 1, 2000 City Commission is requested to approve Resolution No. 63-00 which amends the Parking Management Advisory Board's enacting resolution by adding two additional members, bringing the total number of members to eleven. The two new members would be (1) a representative from the West Atlantic Redevelopment Coalition, appointed by WARC and ratified by the Comrmssion; and (2) an additional citizen-at-large member appointed by the City Commission. In addition, staff is also requesting administrative authority to modify the dates of appointment for Parking Management Advisory Board members so that they will coincide with the dates of appointment for those boards and agencies having representatives on the Parking Board. Based on discussions with the City Commission in the joint workshop and on objectives contained in the Parking Management Advisory Board's strategic plan, the board considered changes to the enacting resolution and it's by-laws. The board is recommending the addition of two (2) members as outlined above and also recommends a change in the member appointment/expiration date from January to August to coincide xvith the appointment/expiration dates for CRA, DDA and Planning and Zoning Board members. Recommend approval of Resolution No. 63-00 and authorization to modify appointment/expiration dates for Parking Management Advisory Board members as outlined above. Re f:Agmemo 10.Res63-00.PMAB RESOLUTION NO. 63-00 A 'RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY RESOLUTIONS 10-98 AND 33-98, BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO INCREASE THE NUMBER OF MEMBERS FROM NINE TO ELEVEN BY INCLUDING A REPRESENTATIVE FROM THE WEST ATLANTIC REDEVELOPMENT COALITION AND AN ADDITIONAL CITIZEN- AT-LARGE REPRESENTATIVE; PROVIDING AN EFFECTIVE DATE. XY4I-IERE~S, on December 9, 1997, the City Commtssion adopted Resolution No. 88-97 establishing the Parking Management Team as an advisory board to the City Commission; and WHEREAS, Section 3 of said Resolution No. 88-97, as subsequently amended, sets forth the membership composition of the Parking Management Advisory Board; and WHEREAS, the City Commission finds it to be in the best interests of the City of Delray Beach that the membership composition of the Parking Management Advisory Board be amended to include a representative from the West Atlantic Redevelopment Coalition (WARC) and an additional citizen-at-large representative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 88-97, as subsequently amended, is hereby amended to read as follows: That the Parking Management Advisory Board shall be composed of r. Lnc (9) eleven (11) regular members, with representation as follows: (a) (c) (d) (e) ¢) A representative from the Community Redevelopment Agency; A representative from the Downtown Development Authority; A representative from the Planning and Zoning Board; A representative from the Chamber of Commerce; A representative from the West Atlantic Redevelopment Coalition: A business owner/operator representing the Old School Square Historic Arts District; A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate 95; A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway; A business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway; and ~ Two (2) citizen-at-large representatives. The Community Redevelopment Agency, the Downtown Development Authority, the Planning and Zoning Board, the Chamber of Commerce, and the West Atlantic Redevelopment Coalition shall recommend appointees, with the City Comrmssion having the authority to approve and ratify all recommendations for membership. The balance of the Parking Management Advisory Board membership shall be appointed directly by the City Comtmssion. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 7th day of September, 2000. MAYOR ATTEST: City Cler~ ' I -2- Res. No. 63-00 AMENDMENT TO BY-LAWS THE CITY OF DELRAY BEACH PARKING MANAGEMENT ADVISORY BOARD ARTICLE II. OFFICERS; COMMITTEES: 1. The Board shall elect a Chair and Vice-Chair annually at it's first regular meeting in the month of September, beginning September 2001, from among it's membership by a majority vote of it's members present and voting. CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID?T. HARDEN,~I'EY MANAGER ~'Z~__ ,~,~-L /~.'-~ ~J~"-, ~J~NNII~G AND ZONING PA~L' DORLING,/~ING DIRECTOR OF PI D ANIEL J. MARFINO, SENIOR PLANNER-~-~ MEETING OF SEPTEMBER 7, 2000 *CONSENT AGENDA* ABANDONMENT OF THE EAST-WEST PORTION OF PERIWINKLE LANE RIGHT-OF-WAY, LYING BETWEEN N.W. 2ND AVENUE (UNIMPROVED) AND THE NORTH-SOUTH PORTION OF PERIWINKLE LANE. BACKGROUND The request involves abandoning a 40 x 224' rectangular shaped parcel, containing approximately 8,960 sq. ft. (0.21 acres). The subject parcel represents the majority of the east-west portion of Periwinkle Lane, on the Fairacre plat (Plat Book 24, Page 53). The abandonment request was submitted by the owners of Lot 2 (Fairacre plat), who are entitled to the south 20 feet of the abandonment area, adjacent to their lot. The owners of Lots 1,3, and 4 will also receive half (20' in width) of the abandonment area, adjacent to their respective lots (please see Reference Map "B", in the attached staff report). The subject right-of-way is unimproved, and there are no utilities (municipal water or sewer lines, Florida Power & Light, Florida Public Utilities, Adelphia Cable, or BellSouth facilities) located within the proposed abandonment area. No utility easements were requested by any of the aforementioned utility providers. Five letters of support of the proposed abandonment, and one letter of opposition, were received prior to board action. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of July 17, 2000, the Planning and Zoning Board considered the request at a public hearing. Several people (all residents of the immediate neighborhood), spoke in favor of the proposed abandonment. No one spoke in opposition. After reviewing the staff report and discussion, the Board voted 5 to 0 to recommend approval, subject to the following conditions: 1. the fence currently located in the east 25 feet of right-of-way, of the unimproved east-west portion of Periwinkle Lane, be removed or relocated, and 2. an updated survey depicting current abandonment area is provided. These conditions have been satisfied. I RECOMMENDED ACTION I By motion, approve the abandonment of right-of-way based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of July 17, 2000 S:\ P&Z~boards\citycommission\Periwinkle-Aban-CCDoc.doc RESOLUTION NO. 64-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED, EAST/WEST PORTION OF THE PERIWINKLE LANE RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 2 AND 4, PLAT OF FAIRACILE, AS MOILE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of an ummproved east/west portion of the periwinkle Lane road right-of-way, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of a pordon of said road tight-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Dekay Beach; and WHEILEAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 17, 2000, and voted unanimously to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon the findings and recommendation of the Planning and Zoning Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELILAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: That portion of Periwinkle Lane lying north of and adjacent to Lots 2 and 4, FAIRACRE, according to the Plat thereof as recorded in Plat Book 24, Page 53, Public Records of Palm Beach County, Florida, LESS the East 25.0 feet thereof. Containing 8,977 square feet, more or less. PASSED AND ADOPTED in regular se~n ,2.~s~7th,7~ °fSep~em?Ijr' 2000"~~ ~'~.~ ~~ MAYOR ATI'EST: a City Clerk[ ' ST. ~ N.W. 12TH STREET ~ I~ P£RIVVlNKL£ 8 m N.W. 11 TH STREET Ri~FERENCE ABANDONMENT MAP - UNIMPROVED PERIWINKLE LANE - PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 17, 2000 IV.E. Abandonment of the Unimproved, East-West Portion of Periwinkle Lane (40' x 224.77'), Located on the East Side of N.W. 2nd Avenue, . Approximately 155' North of N.W. 11th Street. ~ N.E. 12TH STR[ET ~ J~- GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... Douglas & Jan Ayerst Location ............................... East-West portion of Periwinkle Lane, Located on the east side of N.W. 2nd Avenue, approximately 155' north of NW. 11th Street. Property Size ........................ 0.21 Acre Existing FLUM Designation.. LD (Low Density Residential, 0-5 units/acre) Current Zoning ..................... R-l-AA (Single Family Residential) Adjacent Zonings ........ North: R-l-AA East: R-l-AA South: R-l-AA West: R-l-AA Existing Land Use ................ Unimproved east-west right-of-way Proposed Land Use ............. Abandonment of the east-west portion of Periwinkle Lane (40' x 224.77' ) to be aggregated into adjacent lots. Water Service ....................... n/a Sewer Service ...................... n/a IV.E. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the east-west portion of the Periwinkle Lane right-of-way (ROW), lying between NW. 2nd Avenue (unimproved) and the north-south portion of Periwinkle Lane. This right-of-way abandonment is being p~:~)~cessed P~rsuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject portion of Periwinkle Lane is located approximately 365 feet west of North Swinton Avenue, and 155 feet north of, and parallel to N.W. 11th Street. Periwinkle Lane was dedicated with the recordation of the Plat of Fairacre (Plat Book 24, Page 53, of the Public Records of Palm Beach County, Florida), in April of 1953. Currently the subject ROW is unimproved. A chain-link fence is located on the west side of the abandonment area. Another chain link fence encroaches slightly into the abandonment area on the southeast corner. Additionally, wooden playground equipment/structures are located in the southwest corner of the abandonment area (see attached survey). ABANDONMENT DESCRIPTION The portion of Periwinkle Lane to be abandoned measures 40 feet in width and 224 feet in length, containing 8,960 square feet (0.21 acres). The subject parcel represents the majority of the east-west portion of Periwinkle Lane, which has not been improved. The abandonment request was submitted by Douglas & Jan Ayerst, the owners of Lot 2. [ ABANDONMENTANALYSlS I Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be retumed to that parcel; property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels. Planning and Zoning Board Staff Report Periwinkle Lane Right-of-way Abandonment Page 2 TisD~LLE I ~., u~ LOT 1 I' LOT3 ~ o LOT 2 LOT 4 ~ Z Z = AyERST HILL ~ N.W. 11TH STREET DIVISION OF ABANDONMENT AREA Accordingly, the applicants, being the fee-simple owners of Lot 2, are entitled to the south 20 feet of the abandonment area, adjacent to their lot. Nancy Hill, the fee-simple owner of Lot 4, is entitled to the south 20 feet of the abandonment area, adjacent to her lot. Lorreta Tisdelle, being the fee-simple owner of Lots 1 & 3, is entitled to entire north half of the subject abandonment area. Utility Services No municipal water or sewer lines are currently located in the proposed abandonment area. The City's Fire Department has reviewed the request and has no objection to the abandonment, provided an adequate turnaround area is provided. This item is further discussed below. Florida Power & Light, BellSouth, Adelphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objections. Street Configuration Perwinkle Lane, a platted through street, currently functions as a dead-end, as the east-west portion of the right-of-way is unimproved. The north-south portion of Periwinkle Lane provides access to four single-family homes. In order to provide emergency vehicles an adequate turn-around area at the north end of the improved portion of Perwinkle Lane, the east 25 feet of the unimproved Planning and Zoning Board Staff Reporl Periwinkle Lane Right-of-way Abandonment Page 3 portion of the existing right-of-way will be maintained. The fence currently located in this area will have to be removed, or relocated to the property line. The removal/relocation of said fence will be a condition of approval for this abandonment. I "' LOT 1 LOT 3 o: 25' 40' a. L I LU C~ 25' -~ z v c~ Z ~ LOT 2 LOT 4 _~ Z r¢ EAST 25 FEET OF UNIMPROVED PORTION OF PERIWINKLE LANE REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor wifl there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way is unimproved, and there are no plans to improve it in the future. The City has no plans to utilize this right-of-way for any other purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently Lots 2 & 4 take primary access from N.W. 11th Street. Lots I & 3 are currently developed as one (1) single-family home, and take access from the improved portion of Periwinkle Lane. Lots 1 & 3 are located in the R-l-AA Zone District, which requires a minimum front footage of 95 feet for a corner lot, and 75 feet for an interior lot. This requirement can be reduced by up 40% in certain situations. Accordingly, the Planning and Zoning Board Staff Report Periwinkle Lane Right-of-way Abandonment Page4 25 feet of the unimproved portion of Periwinkle Lane will be maintained as right-of-way, providing the required frontage for Lot 3. Lot 1 has the required frontage on N.W. 2"d Avenue (see Reference Map "B"). C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Currently, there are no utility services located in the subject abandonment area. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: Lake Ida Homeowners Association PROD - Progressive Residents of Delray President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT ] As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. The purpose of the abandonment is to incorporate the vacated area with the parcels to the north and south, which will improve the overall area. The fence located in the east 25 feet of right-of-way of the east-west portion of Periwinkle Lane must be removed before this abandonment can advance to the City Commission for final approval. Planning and Zoning Board Staff Report Periwinkle Lane Right-of-way Abandonment Page 5 ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the east-west portion of the Periwinkle Lane right-of-way, lying between N.W. 2nd Avenue (unimproved) and the north-south portion of Periwinkle Lane, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1) Removal of fence currently located in the east 25 feet of right-of-way, of the unimproved east-west portion of periwinkle Lane, and 2) Provide updated survey depicting current abandonment area. Attachments: · Reference Map "A" · Reference Map "B" · Reduced Survey File: S:\Planning&Zoning\P&Z~Periwinkle Lane Abandonment.doc ST. N.W. 12TH STREET LOT 4 11 TH STREET CrTY OF DELRAY BEACH, FL PLANNINO · ZONINC DEPARTMENT ABANDONMENT - UNIMPROVED PERIWINKLE LANE - REFERENCE MAP N.W. 12TH STREET ~' ~ TIsDEL LE r.,,. LOT I LOT 5 I~' ~: > · ~ AYERST HILL Z LOT 2 LOT 4 N.W. 11 TH STREET PERIWINKLE LANE ABANDONMENT REFERENCE MAP EXISTING LAND USE MAP "B" LEGEND: PROPERW OWNER - AyERST ClW OF D~Y B~H. FL N~E P~NING & Z~ING DEP~E~ ~.. PERI~__LE_ ~AAIE 3 o NW E[eve.t~ St. De[ra~ geac~ FL 33444 Mar Ston e June 28, 2000 Mr. Dan Marfino Senior Hanner City of Delray Beach 100 NW 1~t Ave. Dekay Beach, FL 33444 Gentlemen: This letter is to recommend that you give the abandonment of the East/West portion of Periwinkle Lane as is being requested by Mr. & Mrs. Doug Ayerst. They are neighbors of ours on Eleventh St. and we are happy that they are improving their property. In the long nm all of these improvements in our area will be helpful to the property values of all of the property owners in this Northwest Section of Dekay Beach. Thank you for your consideration of this matter. Very truly yours, Mr. & Mrs. Mark Stowe Cc: Doug & Jan Ayerst Roy M. Simon · · Architect architects and planners July 12, 2000 Chairman and Members Planning and Zoning Board City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Public Notice #2000-193 Abandonment of Right-of-Way Periwinkle Lane Ladies and Gentlemen: On Saturday, July 8, 2000, I received a copy of your July 6 notice, advising of your hearing regarding the abandonment cfa portion of Periwinlde Lane. I am concerned because my home on Lot 2, Block 1, Ida Lake Terrace, is immediately west of the subject right-of-way. Recently, the City abandoned the portion of N.W. Second Avenue that extended to N.W. 12m Street, making N.W. 2~d Avenue a dead-end from N.W. 11 Street. This dead end creates a problem if and when Lot 3, Block 1, Ida Lake Terrace, and/or Lot 1 of Fairacre are developed because the City will require access for service and emergency vehicles to those properties. The availability of the subject right-of-way provides a loop access for service and emergency vehicles, connecting N.W. 2~ Avenue and the north/south leg of Periwinkle Lane. My concern is that approaching these abandonments in a piece-meal manor is creating problems that will have to be addressed at some future date and, unfortunately, these problems are appearing on my doorstep. The requested abandonments are not contiguous with my property, but are creating an impact on my lifestyle and property values. Perhaps it would be more appropriate to consider total abandonment ofN.W. 2nd Avenue between N.W. 1 lth and 12th Streets, as well as the east-west corridor of Periwinkle Lane. I feel that this matter needs careful consideration of the long-term consequences and the effects it has on the property owners whose property does not abut the right-of-way(s). Sincerely, Roy IvL/~Simon iOO northeast fifth avenue * suite a-2 * delray beach, florida 33483 * (561) 278-1914 ~n~ineerin~ ~ePvl~es b81-~1~-3418 p.1 June 17, 2000 Mr. Dan Marfino Senior Planner City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Support for Abandonment of Right*of-Way P&Z Board Agenda Item IVE*7/I 7/2000 Dear Mr. Marfino: The following letter is provided in support of the proposed abandonment of the unimproved east-west portion of Periwinkle Lane (40'x 244.77) scheduled for approval at the July 17, 2000 Planning and Zoning Board Meeting. This action is supported based on the proposed plans avoiding alterations to the paved access to our cottage frontage and landscape on Periwinkle lane by maintaing a 25' required frontage for Lot 3 This positive action will enlarge the size of neighborhood lots, increase taxable value, reduce future City budget allocations for pavement resurfacing and provide traffic calming. With Best Regards, q~r..~ Mr~ ieff~y i. Borick Planning and Zoning Board Doug & Jan Ayerst Peter Cameron Original Art www. petercameron.com Artist, Photographer, Speaker, Writer, Consultant, Web sight Designer 919 N.W. 2nd. Ave. Delray Beach, FI. 33444 561-278-9512 July 16, 2000 Dear Sirs: We wish to recommend that you give approval to the abandonment request for the East/West portion of Perdwinkle Lane being made by Doug and Jan Ayerst. We are close neighbors and friends of the Ayersts and feel that this property would enhance the improvements they wish to make thus adding to the property value. We thank you for considering this request on their be- half. c---$in~cerely, Peter and Virginia Cameron Mr. Dan Maffino Senior Planner Cit~ of Delray Beach 100 NW 1 St Ave. Delray Beach, Florida 33444 Uu Dear Mr. Marfino: . We are neighbors, living directly to the Northwest, of Doug, Ayerst and are in support of the abandonment of'the east/west portion of Lane. The abandonment of the property being requested by Mr. and Mrs. Ay~ now be utilized by them to help improv~ their'hon~e, and th~s serve as an improvement to the Lake Ida neighborhood. The property wilt now be taken ani:l enhance the property values- to all owners in' th~ Ndrthwest section of D Beach. Thank you for your attention to this matter. inoerely Mr. and Mrs. Robert Brewer 202 NW 12St. Delray Beach, Florida 3,3444 / 14, 2000 ~nd Jan iwinkle ~rst can are of elray TOTAL P.01 122 NW 12" Sm~ Delray Beach, FL 33~,;4 July 7, 2000 Planning and Zoning Deparirnent 100 N'W 1': Ave Delray Beach, FL 33444 Dear Members of the Plmnnieg and Zonin~ Board, It has recently come to my attention that the Ayerst family has r~quested abandonment of a portion ofthe east-wes! right-of, way of Periwinkle Lane. Since I have personally spoken with Mr. and Mrs. Ayersi, I understand that they seek abandonment so they can improve upon their existin~ prope~y. As you are well aware, I am a rec~! beneficiary of a rig, h~-of-way that was successfully abandoned. Because my family and I plan on living here indefinitely, we have a personal interest in ensuring that all existing property in this area be developed and improved to its maximum potential. I am in full suppor~ of the Ayersts, and strongly urge that abandonment of the above mentioned proper~y meet with approval. Mark Rosenber~ MD MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ ' REGULAR iMF. F. TING OF SEPTEMBER 7. 2000 FINAL PLAT APPROVAL/STORAGE AMERICA AUGUST 30, 2000 This is before the Comrmssion to approve the final boundary plat for Storage America, a proposed self service storage facility to be located on the north side of S.W. l0th Street between S.W. 14th and 15th Avenues. The property is zoned LI (Light Industrial) District and contains 3.36 acres. In May 1998, the City ComSmssion approved a conditional use application to allow .a self service storage facility, including a manager's apartment, on the site. The Site Plan Review and Appearance Board approved the site plan for the facility on September 8, 1999. A boundary plat was required as a condition of approval. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Storage America. RefiAgmemol 0.Final Plat. Storage America Agenda Item No. ~'~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Aug. 15, 2000 When: Sept. 7, 2000 Description of item (who, what, where, how much):Approval of the Boundary Plat for Storaqe America. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/N__O DRAFT ATTACHED YES/N__O Recommendation: Staff reco~ends approval of the Boundary Storage America. Department head signature: Determination of Consistency with Comprehensive Plan: Plat for City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all funds): Funding available: YES/NO Funding alternatives Account No. & Description Account Balance items involving expenditure of (if applicable) City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Storage America file:s/engadmin/tac/Storage America/ag090500.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engine~ August 15, 2000 Storage America Boundary Plat Please find an agenda request for Commission approval of the boundary plat for Storage America attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by the Site Plan Review and Appearance Board on September 8, 1999. if this meets with your approval, please place it on the September 7, 2000 Commission meeting for Commission approval. Encl. File: cc; TAC: S:/engad min/tac/storage america/agmemo.doc Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning Storage America ATLANTIC AVIrNU~' ,~[- - [ - _ --~ .... ~- ,~- ~-- -- [ ,. II ~M~ ~ ~p~ STORA~ AMERIOAN PLAT ~~~~ ~ooo ~oo MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~' f' - REGULAR MEETING OF SEPTEMBER 7, 2000 GRANT APPLICATION TO FLORIDA BOATING IMPROVEMENT DATE: PROGRAM OF PALM BEACH COUNTY (PROPERTY ACOUISITION) AUGUST 30, 2000 This is before the City Commission for authorization to submit an application to the Florida Boating Improvement Program of Palm Beach County for grant funding in the amount of $70,000. This represents half of the $140,000 cost to purchase the Odabachian property located on the east side of U.S. Highway #1, adjacent to the MSA 650 Parcel that the City recently leased from the Florida Inland Navigation District (F.I.N.D.). The property will be used for additional boat trailer parking and as the first step in developing a second public boat ramp and hunching facility in the City. In March, 2000, the City cormmssion authorized staff to submit a grant application to F.I.N.D. for $70,000 as the matching half of the property acquisition cost. We have been tentatively recommended for funding, although the exact dollar amount will not be known until after September 21, 2000. Additional information is provided in the attached memorandum from the Director of Parks and Recreation. Recommend approval of the grant application and authorize staff to submit to the Florida Boating Improvement Program of Palm Beach County. RefiAgmemol 1.Grant App. Fla.Boating Imp. Program of PBC.Odabachian Property Acquisition Request to be placed on: Date: August 24, 2000 Regular Agenda (Consent) Special Agenda Workshop Agenda When: September 7. 2000 Description of item (who, what, where, how much): e~,,~ Improvement approval to submit a grant application to the County Florida ~Oatlng c~¢v Cmmm~on Program for funding in the amount of $70,000 or 50% of the total cost of $140,000 to assist in the purchase of the Odabachian property for additional boat trailer parking mnJ mx m f~rst st~9 ~D d~velopin~ a second boat ramD and launchine facility in the City. Wm hn~ ~,~m~tmd thm matah~n~ $70.000 from the Inland Nav4~at~on D~mtr]at. (Example: ~.Request from Atlantic Migh School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval to submit. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~ ~ ~ City Attorn..ey Review/ Recommen~tion (if applicable): Budget Director Review (require~ of funds): on all items involving expenditure 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: Action: Approved/Disapproved £1T¥ gF 13EL!!1:1¥ BEI:IrH DELRAY ~EACH NI-AmericaCity 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: FROM: DATE: S U Bi ECT: David T. Hardens, City Manager Joe Weldon, Dire of Parks and Recreation August 24, 2000 ~ REQUEST ITEM BE PLACED ON SEPTEMBER 7 CITY COMMISSION AGENDA. We have asked Doug Randolph to assist this Department in making application to the Florida Boating Improvement Program of Palm Beach County for funding in the amount of $70,000. This is 50% of the total cost of $140,000 to purchase the Odabachian property for additional boat trailer parking and is the first step in developing a second public boat ramp and launching facility in the City. We have previously submitted an application to the Florida Inland Navigation District for the matching $70,000. We have been tentatively recommended for funding; however, the amount will not be known until after September 21, 2000. The .39 acre site is in an ideal location for this purpose since it is located on U.S. ! and is adjacent to parcel MSA 650 which the City Commission has agreed to lease from the Florida Inland Navigation District. Increased usage of Knowles Park during the season and weekends underscores the need for additional boat launching facilities. We will return to the Florida Inland Navigation District for funding assistance in the development of this property for parking as well as building a boat ramp and bathroom facility for public use on Parcel MSA 650. We request this item be placed on the September 7 consent agenda for City Commission approval to submit. Attachments doc/kp/dgr THE EFFORT ALWAYS MATTERS FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Part A: Identification Municipality: Application Information City of Delray Beach Project Name: Land Acquisition Project-Odabachian Property Project Liaison: Title: Address: Telephone: Joe Weldon Director of Parks and Recreation 50 NW 1st. Avenue Delray Beach, Florida (561) 243-7251 Zip Code: 33444 I hereby certify that the information in this application is true and accurate. Signature: Date: Project Information FBIP Amount Requested: $ 70,000 Project Type (check one) Acquisition X Development Retroactive Site Control (check one) Acquiring X Leased Own If Leased, Date of Expiration: Brief Project Description: The City wants to purchase this property for additional boat trailer parking and as the first step in developing a second public boat ramp and launching facility in the City. The site is in an ideal location for this purpose since it is located on U.S. 1 and is adjacent to Parcel MSA 650, which the City leases from the Florida Inland Navigation District. This second facility is needed due to increased usage during the season and weekends. The City has submitted an application to the Florida Inland Navigation District for $70,000 or half the purchase price of the property. We have been tentatively recommended for funding; however, the amount will not be established until after September 21, 2000. PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Page 2 Part B: Development Project Description Type and Estimated Cost of Proposes Development by Facility: Facility Quanity Estimated (Number and/or Cost Footage) This is a land acquisition project. The purchase of this land is the, first step in developing a boat launching facility. When the City secures matching funds, we will return to F.I.N.D. for funding assistance in the development of this property for parking as well as building a boat ramp and bathroom facility for public use on Parcel MSA 650. Attachments (Required prior to Application Consideration) Location Map: Attach a detailed street, road or highWay map locating the project site and provide driving instructions from the nearest intersection. Site Plan: Attoch a legal sized conceptual site plan displaying location of planned Facilities, if applicable. Boundary Map: Provide a boundary map clearly identifying the project boundaries. G:\SYINGER\EXHIBITA A.2 Doc/boating CURRIE COMMONS AZALEA RD. DELRA Y PLACE CONDOS EXECU~VE OUAR~RS ST. CENTI FLORANDA TRA~ER PARK RD. M.S.A. 650 -- LEVeS THE PLAZA AT DELRA Y N HARBOUR S/DE WOODS 0ANYAN TREE LANE OOMAINE DELRA Y TREE VILLAGE HARBOUR$ OLD HARBOUR PLAZA HARSOURS EDGE LIN TON BO D[L-HA~N LEVARD ODABACHIAN PROPERTY LN. OR¸ TO: THRU: FROM: SUBJECT: D AVI~. HAR~.~MANAGER JEFFREY A. COSTELLO, PRINCIPAL MEETING OF SEPTEMBER 7, 2000 ~-v *** CONSENT AGENDA*** INITIATION OF A FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-'12 DU/AC) TO CF-R (COMMUNITY FACILITIES - RECREATION) AND REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR THE LAVER'S RECREATIONAL/TENNIS FACILITY PROPERTY. The 5.6 acre property currently has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac) and is zoned RM (Medium Density Residential). The property contains a clubhouse/tennis facility, which was originally constructed as part of the Laver's Delray Racquet Club condominium development. The facility has been unoccupied for some time and has not been well maintained for many years. On August 30, 2000, the City purchased the facility to accommodate a public tennis facility. The RM district allows the use of common recreational facilities such as tennis courts (associated with a subdivision) for commercial purposes as a conditional use. However, these facilities while originally constructed as a recreational component of the surrounding condominiums were split and sold separately some years ago. As the facility is now owned by the City, the operation as a public facility can not be accommodated by the current zoning. To accommodate the public tennis facility, a Future Land Use Map amendment to CF-R and rezoning to CF is appropriate. By motion, initiate the FLUM amendment from MD to CF-R and rezoning from RM to CF for the Laver's Recreational/Tennis Facility. [lTV UF I]ELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE DEERAY BEACH Ali.America City 1993 DATE: TO: August 30, 2000 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 City Commission / Brian Shutt, Assistant City Attorney SUBJECT: Release of Bills on Purchase of International Tennis Resort Property During the title search on the Lavers tennis property an unpaid water bill in the amount of $788.11 and a nuisance abatement fee of 205.00, all from the City of Delray Beach, was discovered. Neither of these bills were filed as a lien on the property. Pursuant to the contract between the City and the Seller of the property, the City, as buyer, shall pay for all special assessments that have not yet been filed as liens. Our office is requesting that the Commission approve the release of these bills as it is pursuant to the contract. Please call if you have any questions. CC: David T. Harden, City Manager Alison MacGregor Hart),, City Clerk MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Community Improvement Director Lula Butler, August 30, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMM/SSION City Commission authorization and approval to issue a subsidy to two eligible applicants under the Delray Beach Renaissance Program. These subsidies represent the 110t~ and 111th homeownership assistance grants provided under the City Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for two eligible applicants of the following properties: (New Construction) XXX SW 13th Avenue - $21,375.00 Lot 19, Lincoln Atlantic Park Gardens (New Construction) XXX NW 1 lt~ Avenue - $17,000.00 17-46-43 S 50'/N 100'/W 135'/E 285'/S V~N ¼ Lt. 6 Agenda Item No.: ~ ..~ AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: August 30, 2000 When: September ~, 2000 Description of item: Authorization and approval to issue a subsidy to two eligible applicants under the Delray Beach Renaissance Program totaling $38,375.00. Note: Trinette Barr ($17,000.00) represents the 1 l0th homeownership assistance grant provided under the Renaissance Program to date. Note: Eddie Odom III ($21,375.00) represents the 11 lth homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of two subsidy awards. State Housing Initiatives Partnership (SHIP) Program. Funds are to be awarded from the SHIPTotal: $38,375.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~ 5/ /~~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Funding Altematives: ,-- (if applicable) Account No. & Desfrip~on: Account Balance: City Manager Review: Approved for Agenda: Hold Until: ~/NO Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Trinette Bart PROPERTY ADDRESS xxx NW 11th Avenue, Delray Beach LEGAL DESCRPTION 17-46-43, S 50FT of N 100 FT of W 135 FT of E 285 FT orS ½ of N ½ of LT 6. PG I,PB 4 % OF AREA MEDIAN HOUSEHOLD INCOME COST OF CONSTRUCTION: $72,500 COST OF EXISTING UNIT: N/A Non-Profit Developer's Fee $3,000.00 PROJECT/SUBSIDY BREAKDOWN 53% NO. IN HOUSEHOLD COST OF LOT $8,500 (gift) (including rehabilitation costs) FIRST MORTGAGE $ 58,000.00 RATE 8.75 % LTV 80 % $ SECOND MORTGAGE $ 17,000.00 THIRD MORTGAGE GRANT $ $ $ $ Northern Trust Bank City of Delray, HOME City of Delray, SHIP $14,000.00 2aa Mortgage $ 3,000.00 Developer's Fee CRA of Delray Housing Authority Federal Home Loan Bank APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 2~467.00 Estimated Closing Costs (Lender 1003) $ TOTAL TRANSACTION $ 74~967.00 Estimated cash from/to borrower (Lender 1003) $ 2~967.00 (meets 2% of deal requirement) N.W. 3RD TERR. LEE ST. PROSPECT ST. S.D. SPADY ELEMEN TAR Y SCHOOL ST. N.W. 3RD ST. POMPEY PARK 2ND ATLANTIC AVENUE GATEWAY MINI PARKS ST. fl 1ST ATLANTIC MARTIN LUTHER KING JR, DRIVE ST. AVENUE N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MITCHELL ARVIDDIA % E. J. WRIGHT PROPERTY 12-43..46-17-42-006-0040 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME Eddie Odom III PROPERTY ADDRESS xxx SW 13th Avenue, Delray Beach LEGAL DESCRPTION Lot 19, LiNCOLN ATLANTIC PARK GARDENS, Book 23, Page 226 % OF AREA MEDIAN HOUSEHOLD INCOME COST OF CONSTRUCTION: $79.000 COST OF EXISTING UNIT: N/A Non-Profit Developer's Fee $3,000.00 PROJECT/SUBSIDY BREAKDOWN 55% NO. IN HOUSEHOLD 3 COST OF LOT $10,000 (including rehabilitation costs) FIRST MORTGAGE $ 70,625.00 RATE 8.25 % LTV 88 % $ SECOND MORTGAGE THIRD MORTGAGE GRANT $ 21,375.00 $ $ $ $ Northern Trust Bank City of Delra¥, HOME City of Delray, SHIP $18,375.00 2na Mortgage $ 3,000.00 Developer's Fee CRA of Delray Housing Authority Federal Home Loan Bank APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 553.00 Estimated Closing Costs (Lender 1003) $ 2,873.00 TOTAL TRANSACTION $ 92~426.00 Estimated cash fi.om/to borrower (Lender 1003) $ 3,326.00 (meets 2% of deal requirement) DELRA Y FULL SERVICE CENTER ATLANTIC .W, 4TH ST. CA TEWA Y MINI PARKS 5RD 1ST S,W. 4TH ST. N CiTY OF DELRAY ~EACH, FL PLANNIND & ZONING DEPARTMENT YOUNG MENS PROGRESSIVE CLUB PROPERTY LOT 19, LINCOLN ATLANTIC PARK GARDENS PLAT £1T¥ OF ELI:II:I¥ BEI:I£H DELRAY BEACH AII-AmeicaCJlv 100 N.W, 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 1993 TO: David T. Harden City Manager FROM: ~][t~Robert A. Barcinski '~ Assistant City Manager DATE: August 29, 2000 SUBJECT: Agenda Item City Commission Meeting September 7, 2000 Amendment No. 2 to the Disaster Recovery Services Agreement ACTION City Commission is requested to approve Amendment No. 2 to the Disaster Recovery Services Agreement with Gmbbs Construction Company dated March 15, 1999. This amendment changes some of the equipment rental rates and hourly personnel rates. BACKGROUND In March 1999 the City entered unto an agreement with Grubbs Construction Company for Disaster Recovery Services. Through this agreement Grubbs Construction Company provides the City debris removal and technical disaster recovery services in the event of a disaster, such as a hurricane. Through this agreement, Grubbs Construction Company commits it's resources of equipment, construction personnel, and technical support personnel for debris removal, damage assessment and documentation support to receive Federal and State reimbursement. They also are responsible for subcontracting. Their assistance was invaluable in our recovery and debris removal efforts after Hurricane Irene. Grubbs receives payment for services through rates set forth in the contract. Stump removal, hazardous material removal and sand-screening rates have not changed. The proposed amendment increases rates for the following classifications: laborer, superintendent with track, and for 5-14 cubic yard dump track and a tractor with box blade. A safety man position has been added, as well as, additional pieces of equipment. All other hourly rates are the same as the original contract. THE EFFORT ALWAYS MATTERS Agenda Item City Commission Meeting September 7, 2000 Amendment No. 2 to the Disaster Recovery Services Agreement RECOMMENDATION Staff recommends approval of Amendment No. 2 for Disaster Recovery Services with Grubbs Construction Company. RAB/tas File:u:sweeney/agenda Doc:Grubbs Construction ~tmend No 2 [ITY OF DELRI:I¥ BEI:ICH RECEIVED AUG 2 ~ 2000 ASSISTANT CITY MANAGER CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH All.k, wica City 1993 DATE: TO: MEMORANDUM August 23, 2000 Bob Barcinski, Assistant City Manager Hoyt Owens, Dep. Dir. Public Works Jackie Rooney, Purchasing Supervisor Writer's Direct Line: 561/243-7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Grubbs Construction I have modified the Amendment to indicate it is Amendment 2. If it is acceptable to you, please place this Amendment on the City Commission agenda with a clean copy of Exhibit A. Thanks. Attachment AMENDMENT NO. 2 TO THE AGREEMENT FOR DISASTER RECOVERY SERVICES THIS AMENDMENT NO. 2 to the Agreement dated March 15, 1999 is entered into this __ day of _, 2000, by and between the City of Delray Beach, located in Palm Beach County, Florida, a Florida municipal corporation ("the CITY") and Gmbbs Construction Company ("CONTRACTOR"). WlTNESSETH: WHEREAS, the Agreement dated March 15, 1999 between the parties (hereinafter called, "the Agreement"), contained in Attachment 3 thereto, equipment lists, and hourly rates as it applied to the services to be rendered, and as described in Attachment 2 to the Agreement; and, WHEREAS, the Agreement was amended by Amendment No. 1 dated January 19, 2000; and, WHEREAS, the parties desire to amend the Agreement and Amendment No. 1 in this Amendment No. 2, to provide a new Attachment 3 to the Agreement, as set forth in Exhibit A hereto; and, WHEREAS, CONTRACTOR acknowledges that the rates and the equipment changes as set forth in the revised and substituted Attachment 3, attached and incorporated in this Amendment No. 2, as Exhibit A, have been used in previous disaster recovery projects and have been accepted by the Federal Emergency Management Agency, Florida Division of Emergency Management and under the FEMA Public Assistance Program, among other agencies; and, WHEREAS, the parties acknowledge that the CITY is relying on CONTRACTOR'S acknowledgments as set forth herein and above and considers the acknowledgements and representations to be extremely material to the CITY and its willingness to enter into this Amendment No. 2 to the Agreement. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Reeitatlons. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Revision. Attachment 3 to the Agreement is hereby revised and modified and the new Attachment 3 attached hereto is substituted therefore and is hereby incorporated in this Amendment No. 2 to the Agreement, as if fully set forth herein. 3. Full Force and Effect. All other terms and conditions of the Agreement and Amendment No. 1 thereto, not expressly modified by this Amendment No. 2 thereto remain in full force and effect. 4. Entire Agreement. This Amendment No. 2 contains the entire Agreement between the parties as it pertains to Amendment No. 2. ATTEST: By:. City Clerk Approved as to Form: By:. City Attorney WITNESS: CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor GRUBBS CONSTRUCTION COMPANY By: Name Printed: Title: 2 (SEAL) (print or type name) STATE OF COUNTY OF behalf of the The foregoing instmmem was acknowledged before me this __ day of ., 2000 by ., of ., a corporation, on corporation. He/She is personally known to me/or has produced (as identification). Signature of Notary Public 3 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Houri', rates to be a 4led to Services as referenced in Attachment 2 of this Agreement Equipment/Personnel Unit Unit Price Traffic Control Personnel Hour $31.00 Laborer Hour $31.00 Survey Person w/Truck Hour $31.00 Inspector w/Vehicle Hour $31,00 Operator w/Chainsaw Hour $35.00 ~ Safety Man Hour $40.00 Foreman with truck Hour $55.00 Superintendant with Truck Hour $65,00 ~ Climber w/Gear Hour $95.00 ,. 5-14 CY Dump Truck Hour $60,00 Tractor w/Boxblade Hour $50.00 Bobcat Loader Hour $60,00 Transports Hour $90.00 Rubber-Tired Backhoe Hour $90,00 15-24 CY Dump Trucks Hour $85.00 25-34 CY Dump Trucks Hour $95.00 35-44 CY Dump Trucks Hour $100,00 45-54 CY Dump Trucks Hour $105.00 55-64 CY Dump Trucks Hour $110.00 65-74 CY Dump Trucks Hour $115.00 75 + CY Dump Trucks Hour $135,00 Trackhoe 690 J.D, Hour $120.00 Motor Grader Hour $110.00 Water Truck (4000 Ga.) Hour $100.00 D-4 Dozer Hour $100.00 D-5 Dozer Hour $110.00 D-6 Dozer Hour $120,00 D-7 Dozer Hour $160.00 D-8 Dozer Hour $220,00 Feller Bunchers 611 Hydro-Ax Hour $120.00 Skidders 648E Hour $130.00 Front End Loader 544 Hour $110.00 Front End Loader 644 Hour $120.00 Prentice Knuckleboom Loader Hour $140.00 50 foot Bucket truck Hour $140.00 30 ton + crane Hour $170.00 Diamond Z or Equiv. Tub Grinder Hour $550,00 Fill Dirt Market Price EXHIBIT A 'Rug '02 O0 Ok:O?p Grubbs Construction Co. 305-3292-2270 Corporate Headquarters 1115 South Main Street Brooksville, Florida 34601 Voice (352) 706-1912 Fax (352) 796~5358 CONS?RUC?ION COMPANY 1-(888)-GRUBBS,1 Emergency Services Office 16405 US Hwy 19 Hudson, Florida 34667 Voice (727) 697-1579 Fax (727) 869-1320 August 2, 2000 Mr. Hoyt Owens City of Delray Beach Public Works 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Owens, Based on operations conducted this past year in numerous areas in southeast, there have been some minor adjustments to equipment rates in attachment 3 of the disaster recovery agreement between the city and Grubbs Construction Company. These changes reflect an expansion of equipment categories, as well as additions of other specialized equipment. These rates were utilized to the satisfaction of the Federal Emergency Management Agency, Florida Division of Emergency Management, North Carolina Division of Emergency Management, and the Oklahoma Division of Emergency Management during recent disaster recovery projects, which were governed under the FEMA Public Assistance Program. The President of the United States declared hurricanes Floyd and Irene, as well as the devastating tornadoes on May 3, 1999, as major disasters. Our division operated on numerous projects as a result of these events and utilized the adjusted rates accordingly. Additionally, these rates are being phased into all new and existing contracts to provide consistency for potential clients/applicants. If these changes are acceptable and all other areas included in the agreement still meet needs of the city, please indicate in writing your acceptance. If there are any issues that may need to be addressed or areas that may need further review indicate those in writing as well. Thank you in advance for your consideration in this matter. With best regards, Sr. Program Manager Grubbs Emergency Services Division Corporate Headquarters 1115 South Main Street Brooksville, Florida 34601 Voice (352) 796-1912 Fax (352) 796-5358 July 24, 2000 CONSTRUCTION COMPANY 1-(888)-GRUBBS-1 Emergency Services Office 16405 US Hwy 19 Hudson, Florida 34667 Voice (727) 697-1579 Fax (727) 869-1320 Jackie Rooney Purchasing Supervisor City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Ms. Rooney, JUL 2 I hope this letter finds you well and prosperous. As identified in the disaster recovery services agreement between the City of Delray Beach and Grubbs Construction Company, the agreement is due for annual review. Based on operations conducted this past year in numerous areas in southeast, there have been some minor adjustments to equipment rates in attachment 3 of the agreement. These changes reflect an expansion of equipment categories, as well as additions of other specialized equipment. If these changes are acceptable and all other areas included in the agreement still meet needs of the city, please indicate in writing your acceptance. If there are any issues that may need to be addressed or areas that may need further review indicate those in writing as well. Thank you in advance for your consideration in this matter. With best regards, Brian Thomason Sr. Program Manager Grubbs Emergency Services Division RECEIVED JUL 6 2000 AS513 IAl~l i' CITY MANAGER MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~< - REGUI.AR MEETING OF SEPTEMBER 7. 2000 RESOLUTION NO. 60-00 AUGUST 30, 2000 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 575 Angler Drive. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 60-00. RefiAgmemol 5.Res60-00.Boardup Unsafe.575 Angler RESOLUTION NO. 60-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING A-N UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCLIRRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUC~ ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, A~ND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Offic%al; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of One Thousand Four Hundred Twelve Dollars and 26/100 as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 60-00 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the September , 2000. ATTEST: Cit~ Cl~rk' ; 7th day of MAYOR 3 Res. No. 60-00 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: SECRETARY OFHOUSING ANDURBANDEVELOPMENT MAILING ADDRESS: C/0 HUD Loan Management, 1320 South Dixie Highway, Miami, FL 33146 C/0 REO Department, 40 Marietta Street, 8th Floor, Atlanta, GA 30303 PROPERTY ADDRESS: 575 ANGLER DRIVE (AfK/A 13 SE Angler Drive) LEGAL DESCRIPTION: LOT 25, BLOCK 2, DELRAY SHORES ACCORDING TO PLAT BOOK 24, PAGES 232 AND 233 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $1,412.26 by resolution of the City Commission of the City of Delray Beach, Florida, dated September 7, 2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on July 28, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your fight to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. Res. No. 60-00 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on August 3, 2000 at a cost of $1~412.36 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY "MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Cl~rk ~' ' ~ Res. No, 60-00 5 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4 AGENDAITEM ~/~ .REGUI.ARMEETINGOFSEPTEMBERT. 2000 RESOLUTION NO. 61-00 AUGUST 30, 2000 This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 46 N.W. 12~ Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolu6on No. 61-00. Ref:Agrnemo15.Res61-00.DemolitionUnsafe.46 NW 12~h Ave RESOLUTION NO. 61-00 A RE~OLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACB; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT A_ND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, A_ND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations th~ Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of Two Thousand ~ht ~,,-&red Six Dollars and 57/100 as shown by the report of the City Manager of the City of Delray a copy o~ which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 61-00 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of'collectinG said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailinG date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailinG date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular September 2000. ATTEST: City C~rk'- -V session on this the 7th day of MAYOR Res. No. 61-00 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: ROBERT MORGAN, MELVIN & EARLENE MORGAN Robert Morgan 1100 Delray Lakes Drive, Delray Beach, FL 33444 Melvin & Earlene Morgan, 2102 SW 13t~ Street, Delray Beach, FL 33444 46 NW 12th AVENUE LOT 28, BLOCK !, ATLANTIC PARK GARDENS, PLAT BOOK 14, PAGE 56 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 2,806.57 by resolution of the City Commission of the City of Delray Beach, Florida, dated September 7, 2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on March 30, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. Res. No. 61-00 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on July 21, 2000 at a cost of $2,806.57 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED 1N THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION ~City Clerli~ ! Res. No. 61-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~/~ - REGULAR MEETING OF SEPTEMBER 7, 2000 AUGUST 30, 2000 This is a resolution assessing costs for abatement action required to remove nuisances on twenty-six (26) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 62-00. RefiAgmemol 5.Res62-00.NuisanceAbatement RESOLUTION NO. 62-00 A RES6LUTION OF THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR A~ATING NUISAI~CES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH A/4D PROVIDING THAT A NOTICE OF LIEN S}L%LL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ;tBATEMENT ~ LE~-YING THE COST OF SUCH A~ATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with wTitten notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seewalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fall and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(e); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beech, submitted to the City Commission .a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(e), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforeseid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(e) indicate~ thereon. Said assessments so levied shell, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgagee and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delrey Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Co~m~ission of the City of Delray Beach on the 7th day of September, 2000 has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty {30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per ennum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 62-00 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable &ttorney~s fee. PASSED AND ADOPTED in regular session on this the ?th day of September 2000. MAYOR ATTEST: ~ City ~lerk Res. No. 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT CARVER PARK, LOT 14, BLOCK 2, PB 27, P 255, JACQUELYN HAYWOOD PUBLIC RECORDS OF PALM BEACH COUNTY, FL 4120 NW 8TH TERRACE (317 SW 15TH TERRACE) POMPANO BEACH, FL 33064 $ 116.90 $ 70.00 'ADM.FEE ATLANTIC GARDENS DELRAY, LoTs 2 & 3, *CARRiE JOHNSON BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF LRAY CIO JUANITA BECKETT BEACH, FL 410 NW 7TH AVENUE (SW 11TH AVENUE, LOTS 1,2 NO OF 115) BOYNTON BEACH, FL 33435 $ 83.88 ~ i $ 70.00 ADM.FEE TOWN OF DELRAY, N 50 FT OF S 1/2/LESS S 8 FT MAMIE L. YOUNG OF E 135 FT/BLOCK 22, PB 10, P 38, PO BOX 265 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (126 SW 5TH AVENUE) CARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, PB 27, P 55, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 204 NW 13TH AVENUE) JULIA SIMMS 204 NW 13TH AVENUE DELRAY BEACH, FL 33444 75.90 70.00 ADM. FEE $ 82.85 $ 70.00 ADM.FEE ~OINCIANA HEIGHTS OF DELRAY BEACH, LOT 29, PB 26, P 245, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 315 NW 12TH AVENUE) CARL J. CARTER, JR. 315 NW 12TH AVENUE DELRAY BEACH, FL 33444 $ 50.95 $ 70.00 ADM. FEE SUB OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 UNREC/LOT 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 802 SW 3RD STREET) ;)DMANNS SUB, LOT 18, BLOCK 4, PB 4, P 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (40 SW 13TH AVENUE) JAMES & HATrlE L. BROWN 802 SW 3RD STREET DELRAY BEACH, FL 33444 $ 67.93 $ 70.00 ADM. FEE --. HARRISON & LUCILLE HARRISON 321 ROSS DRIVE DELRAY BEACH, FL 33445 $ 50.95 $ 70.00 ADM. FEE 4 Res. No. 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SEACREST PARK, LOT 10. BLOCK 9. PB 24, P 33. PUBLIC RECORDS OF PALM BEACH COUNTY. FL 257 NE 20TH STREET) DANIEL LOPEZ & JESSICA HOLT 257 NE 20TH STREET DELRAY BEACH FL 33444 $ 15.95 $ 70.00 ADM FEE )ELRAY BEACH HIGHLANDS SEC 1. LOT 18. JEANCLAUDE JOSEPH BLOCK 2, PB 26, P 209, PUBLIC RECORDS OF 2127 SW 13TH STREET PALM BEACH COUNTY, FL DELRAY BEACH FL 33445 2127 SW 13TH STREET) $ 24.73 $ 70.00 ADM. FEE )ELRAY SHORES 1ST ADD, LOT 18. BLOCK 15. SEC'Y OF HOUSING & PB 28, P 2, PUBLIC RECORDS OF PALM URBAN DEVELOPMENT BEACH COUNTY, FL 1320 SOUTH DIXIE HWY 2655 DORSON WAY) LCORAL GABLES. FL 33146 $ 75.90 $ 70.00 ADM FEE tOWN OF DELRAY, N 37.5 FT OF W 130.44 FT OF E. 155.44 FTOF E 1/2 OF S 1/2, BLOCK4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 7TH AVE VACANT LOT SO OF 24) 3ELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 233, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 524 ANGLER DRIVE) DOROTHY M. WALKER PO BOX 1786 BELLE GLADE, FL 33430 MARKER 88 INC. 400 SOUTH DIXIE HWY # 421 i BOCA RATON, FL 33432 $ 66.90 $ 70.00 ADM. FEE $ 50.95 $ 70.00 ADM. FEE ;)ELRAY SHORES, LOT 25, BLOCK 2, PB 24, P 233, SEC'Y OF HOUSING & URBAN DEV. PUBLIC RECORDS OF PALM BEACH COUNTY, FL 909 SE 1ST AVENUE # 500 575 ANGLER DRIVE) :MIAMI FL 33131 $ 59.95 $ 15.95 ADM. FEE tOWN OF DELRAY, S 37.5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2, BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 7TH AVE 2ND VACANT LOT SO. OF 24) RUBY L. HARRIS CIO P.C. WELLS ;7012 SUNNYSIDE LANE ! FT. WASHINGTON, MD 20744-4325 $ 66.90 $ 70.00 ADM FEE Res. No. 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 _ OF THE CODE OF ORDINANCE TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, PB 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 217 SW 6TH AVENUE) ~TLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (142 SW 11TH AVENUE) BERTHA PRESTON 1001 WEST 3RD STREET :RIVIERA BEACH, FL 33404 $ $ WILSON & HENRY WILSON PO BOX 1676 DELRAY BEACH, FL 33447 66.95 70.00 'ADM. FEE 50.95 70.00 ADM FEE ATLANTIC PARK GARDENS, DELRAY, LOT 19, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (39 SW 13TH AVENUE) TOWN OF DELRAY, S 1/2 OF LOT 5, BLOCK 3(; PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 129 SW 5TH AVENUE) ~TLANTIC PARK GARDENS, DELRAY, LOT 13, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (17 SW 14TH AVENUE) J. D. MONROE & EARLINE MONROE 32 EARLE STREET HARTFORD, CT 06120-1714 ETHEL MACKEY CIO SHIRLEY M. WALLACE 1120 NW 64TH STREET MIAMI, FL 33150-4231 DAISY M. RAY PO BOX 74 LENOX, GA 31637-0074 $ 50.95 $ 70.00 ADM FEE $ 58.93 $ 70.00 'ADM. FEE $ 58.93 $ 70.00 ADM FEE ATLANTIC PARK GARDENS, DELRAY, LOT 20, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 13TH AVE CORNER VACANT LOT) )RMANNS SUB, LOT 19, BLOCK 1, PB 4, P 53, 'UBLIC RECORDS OF PALM BEACH COUNTY, FL NW 13TH AVENUE, VACANT LOT NO. OF 44) ' RPI MANAGEMENT CORP 209 NE 95TH STREET, ST. 2 MIAMI, FL 33139 iO.W. BURROUGH~ & MILDREDBURROUGHS 243BILBOASTREET ROYALPALMBEACH, FL33411 $ 50.95 $ 70.00 ADM FEE 58.93 70.00 ADM. FEE 6 Res. No. 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF SOPHIA FREY ADD, LOT 18, BLOCK 3, PB 4, P 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 920 NE 8TH AVENUE) ;OUTHRIDGE, LOT6, BLOCK 7, PB 13, P 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2406 SUNDY AVENUE) DANIEL A. & MUGGCO JAMES M. O'BRIEN 225 MCFARLANE DRIVE DELRAY BEACH, FL 33483 $ 23.93 $ 70.00 ADM, FEE DAVID M. MORAN6 JOSEPH MORANO 800 CYPRESS POINT DR. W. PEMBROKE PINES, FL 33027 $50.95 $70.00 ADM. FEE OUTHRIDGE, LOT 7, BLOCK 7, PB 13, P 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2410 SUNDY AVENUE) 'OWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 FT OF BLOCK2, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 231 NW 8TH AVENUE) DAVID M. MORANO & JOSEPH MORANO 800 CYPRESS POINT DR. W PEMBROKE PINES, FL 33027 JOSEPH PRICE PO BOX 1432 BARNWELL, SC 29812 $50.95 $70.00 ADM. FEE $58.93 $70.00 ADM. FEE ;)SCEOLA PARK, LOTS 17 & 18, BLOCK 104, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1331 SE 4TH AVENUE) DUBIQUE ROSALVA 331 SE 4TH AVENUE DELRAY BEACH, FL 33483 $74.88 $70.00 ADM FEE JVIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, IVEGETATION, MATIER CONSTITUTING H,~7~RDS, DECLARED NUISANCE. 7 Res. No. 62-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~Q AGENDA ITEM ~ ~J. - REGULAR MRRTING OF SEPTEMBER 7, 2000 REVIEW OF AppI~.ALABLE LAND DEVELOPMENT BOARD ACTIONS SEPTEMBER 1, 2000 Attached is the Report of Appealable Land Use Items for the period August 14th through September 1, 2000. It informs the Comrmssion of the various land use actions taken by the designated boards that may be appealed by the City Commtssion. Recommend review of the appealable ac6ons for the period stated. Receive and file the report as appropriate. Re f:Apagmemo/Appealables/09.01.00 TO: THRU: FROM: SUBJECT: DAVI~T. HARDEN, CITY MANAGER A(3"~G PLANNING AND ZONING DIRECTOR PAUL DORLING, MIN ALLEN, PI.~ANNER MEETING OF SEPTEMBER 7, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 14, 2000 THRU SEPTEMBER1, 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 August 14, 2000 through September 1, 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. Approved (5 to 0, Carter left the meeting), a master plan modification to allow a change in the land use designation from Light Industrial to Service Industry for Delray Park of Commerce Tract G-l, located on the east side of Park of Commerce Boulevard (NW 17th Avenue), north of Lake Ida Road. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 1, Carter dissenting), Future Land Use Map amendment from County MR-5 (Medium Density - 5 units per acre) to CF (Community Facilities) and associated annexation with initial zoning of CF (Community Facilities) for Pathways to Recovery, Inc. located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road. City Commission Documentation Appealable items Meeting of September 7, 2000 Page 2 Recommended denial (4 to 2, Randolph and Bird dissenting), of a conditional use request for Pathways to Recovery, Inc. associated with the construction of four residential buildings accommodating 96 beds and a multi-use building, located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road. Recommended approval (6 to 0), of a conditional use request to allow the establishment of a financial institution with a drive-thru facility for Downtown Delray Fidelity Federal Bank, to be located on the south side of SE 1s' Street, between SE 5th Avenue (southbound Federal Highway) and SE 6th Avenue (northbound Federal Highway). Recommended approval (6 to 0), of a Future Land Use Map amendment from RDA#6 (Redevelopment Area #6) to GC (General Commercial) in conjunction with the adoption of the Lindell Boulevard/Federal Highway Redevelopment Plan. Recommended approval (6 to 0), of the transmittal of Comprehensive Plan Amendment 2000-2. The Board also considered the following amendments to the Future Land Use Map and zoning changes: Recommended approval (6 to 0), of the City initiated Future Land Use Map amendment from County C/5 (Commercial with a Residential Density of 5 units per acre) to City GC (General Commercial) and associated annexation with initial zoning of PC (Planned Commercial) for Palm Court Plaza, located at the southwest corner of Linton Boulevard and Military Trail. Recommended approval (5 to 0, Hasner abstained), of the City initiated Future Land Use Map amendment for 1.8 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) and associated rezoning from R-1-A (Single Family Residential) and CF (Community Facilities) to GC (General Commercial). Recommended approved (6 to 0), of a City and privately initiated Future Land Use Map amendment from GC (General Commercial) and RDA #5 (Redevelopment Area #5) to CC (Commercial Core) and associated rezoning from AC (Automotive Commercial) and GC (General Commercial) to CBD (Central Business District) for Steve Moore Chevrolet and adjacent commercial properties. Recommended approval (5 to 0, Carter left meeting), of the ORC (Objections Recommendations and Comments) Report regarding Comprehensive Plan Amendment 00-1. Denied (4 to 0, Smith and Friess absent), a request to add a flat wall sign for Join Us On Line, located at 110 East Atlantic Avenue (southeast corner of East Atlantic Avenue and SE Ist Avenue). City Commission Documentation Appealable Items Meeting of September 7, 2000 Page 3 Approved (4 to 0), a request for new monument sign for Delray Shopping Center (Antique Mall) located at 1300-1350 North Federal Highway (southwest corner of North Federal Highway and Lake Avenue). 3. Approved (4 to 0), a request to change the color of the perimeter wall for the Rainberry Lake Subdivision, located on the north side of Lake Ida Road, west of Congress Avenue. 4. Approved (4 to 0), a request to modify a condition of approval relating to the installation of a right turn lane for Congress Park, located on the west side of Congress Avenue, approximately 1,000 feet south of West Atlantic Avenue. The Board modified the condition of approval by increasing the building threshold requirement for a turn lane from 134,500 sq. ft. to 146,556 sq. ft. Approved (4 to 0), a Class I site plan modification associated with a change to the architectural elevation plan for Towers Center, a proposed commercial building, located at 851 SE 6th Avenue (east side of SE 6th Avenue, approximately 245' south of SE 8th Street). Approved with conditions (4 to 0), a Class I site plan modification associated with a change to the architectural elevation plan forTropic Square, an existing commercial development located at 1911 South Federal Highway (southeast corner of South Federal Highway and Eve Street). The fa~;ade improvements include the two principal buildings within the commercial plaza (the proposed modifications do not include the Dunkin Donut out-parcel). 7. Approved with conditions (4 to 0), a Class III site plan modification and architectural elevation plan associated with a 4,700 sq. ft. addition to the proposed Storage America, security self storage facility, located at the northwest corner of SW l0th Street and SW 14th Avenue. Approved (6 to 0), a request for a color change for21st Century Exhaust, located at 313 NE 3rd Street (north side of NE 3rd Street, east NE 3rd Avenue). Approved (4 to 0, Branning and Azua-Perez stepped down), a request for a color change for Patio Beach Condominium, located at 303 Gleason Street (southeast corner of Gleason Street and Bay Street). 10. Approved (4 to 0, Branning and Azua-Perez stepped down), a request for a color change and fa(;ade improvements for Berkheimer Building, an existing office building located at 80 NE 4th Avenue (west side of NE 4th Avenue, 280' north of East Atlantic Avenue). Il. Approved with conditions (6 to 0), a request for a color change and fa(;ade improvements for Dunkin' Donut, located at 4800 West Atlantic Avenue. City Commission Documentation Appealable Items Meeting of September 7, 2000 Page 4 12. Approved (6 to 0), a request for a color change for theWalgreen'slHoliday Suites, located on the south side of SE 10th Street, between SE 5th Avenue (southbound Federal Highway) and SE 6th Avenue (northbound Federal Highway). 13. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural plan in conjunction with the build-out (third phase) of Delray Place Apartments, located on the south side of SE 10th Street, approximately 600 feet west of Federal Highway. No Regular meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - /11 /-~' ~-~'~li ~/ _ // i r'~ ~' iv (4]1~.l/ ?L19 / I ~ ,,' L ~ ~ r ~ ~.-~ ['~~ IY i / / ~ ~ '_'~ u~t~ ~CT ~0 S.P.R.A.B.: t. J~N US ON LINE 8. 21ST CE~RY ~HAUST I ~EUILE I 2. DEL~ ~ SHOPPING CEN~R ~. PASO B~CH CON~MINIUM ~ ~ 3. ~INBERRY ~S fO. BERHEIMER BUILDING ~. TO~RC~NTER f~. WACGR~'S/~O~A~S~]~S ~NNI~ & ZONINa D[PA~ENT 6. TRORICP~ ~3. DEL~YP~CEAPAR~ENT$ ~. STO~GEAMERICA ..~~.. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM #~. 0. - REGULAR MEETING OF SEPTEMBER 7, 2000 AWARD OF BIDS AND CONTRACTS SEPTEMBER 1, 2000 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award in the amount of $15,800.00, including delivery, to Blue Ribbon Industrial Components Corporation for the purchase of 20 flow line digital panel meters and Wika pressure transducers for the ESD Utility Maintenance Division, with funding from 441-5144- 536-46.20 (W&S Lift Station Maintenance - Equipment Maintenance). 2. Purchase award in the amount of $35,000 to R.B. Grove, Inc., via General Services Administration (GSA) contract, for the purchase of a 150 KW Trailer Mounted Portable Generator as additional support for the pump station on the barrier island, with funding from 448-5461-538-64.90 (Stormwater Utility - Other Equipment). 3. Bid award in the annual amount of $67,053.00 to Universal Beach Service Corp. for the beach cleaning services contract for a three year period beginning October 1, 2000, with funding from 001-4123-572-34.90 (Ocean Rescue - Other Contractual Services). 4. Bid award in the amount of $58,190.00 to OK Tours, Inc. for bus rental and driver service, with funding in the amount of $8,940 from 001-4105-572-44.90 (After School), $7,220 from 001- 4121-572-44.90 (Athletics/Special Events), $33,030 from 001-4106-572-44.90 (Summer Camp), and $9,000 from 115-4912-572-55.30 (Rocks Football). 5. Purchase award in the amount of $14,458.82 to JC White Office Furniture, via State of Florida contract, for the purchase of office furxtiture for the Police Department's Vice, Intelligence and Narcotics section, with funding in the amount of $8,184.49 from 001-2115-521-51.20 (Police Investigative - Office Equipment) and $6,274.33 from 001-2115-521-64.10 (Office Furniture/Fixtures). 6. Purchase award in the amount of $24,846 to SNAP-ON Industrial, via State of Florida contract, for the purchase of a Sun Engine Analyzer for the Central Garage, with funding from 501-3311- 591-64.90 (City Garage - Other Machinery/Equipment) through budget transfer from Garage Fund prior year surplus. 7. Purchase award in the amount of $37,625.00 to Industrial Water Treatment and Controls Company, sole source vendor, for the purchase of an automatic emergency chlorine shut-off system at the Water Treatment Plant, with funding from 441-5143-536-64.90 (Water Maintenance - Other Machinery & Equipment). Approval of a three (3) year lease with Meats Motor Leasing for a full size vehicle for the Police Department Volunteer Program at a total cost of $13,844. Funding for the first two yeats ($9,228) will be from 11%2116-521-49.50 (1998 BJA Block Grant), with the third year ($4,614) from 115-2118-521-49.50 (1999 BJA Block Grant). 9. Bid awards to multiple vendors for the annual medical and drug supplies contract at an estimated cost of $96,500, with funding in the amount of $95,000 from 001-2315-526-52.20 (Fixe Operations/General Operating Supplies) and $1,500 from 001-4123-572-52.20 (Ocean Rescue). Recommend approval of the bid and purchase awards listed above. Ref:Bid.Agmemo .09.07.00 PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: THROUGH: DATE: Jennifer S~Buyer Joseph Saffo~nce Director August 22, 2000 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, SEPTEMBER 5, 2000 PURCHASE AWARD OF FLOW LINE METERS AND PRESSURE TRANSDUCERS BY BLUE RIBBON INDUSTRIAL COMPONENTS CORPORATION ITEM BEFORE COMMISSION: The City Commission is requested to approve the purchase award of twenty (20) Flow Line digital panel meters and Wika pressure transducers for the ESD Utility Maintenance Division from the Iow bidder, Blue Ribbon Industrial Components Corporation, for a total purchase of $15,800 including delivery. BACKGROUND: Quotes were received from three bidders for the Flow Line digital panel meters and Wika transducers to be used by the ESD Utility Maintenance Division to replace existing, antiquated equipment. Blue Ribbon Industrial Components Corporation was the Iow bidder for the equipment at a total cost of $15,800 including delivery. The Utilities Maintenance Manager recommends the award to Blue Ribbon industrial Components Corporation per his memorandum dated August 8, 2000, which I have attached for your reference. RECOMMENDATIONS: The Purchasing staff recommends the purchase award to the Iow bidder, Blue Ribbon Industrial Components Corporation, for a total purchase of $15,800, including delivery. Funding will be taken from account number 441-5144-536-4620. Attachments (~ cc: Jacklyn Rooney, Purchasing Supervisor Robert Bullard, Utilities Maintenance Manager MEMORANDUM TO: FROM: DATE: RE: Jackie Rooney, Purchasing Supervisor Robert C. Bullard, Maintenance Manage~ August 9, 2000 Justification to Replace Mercury Floats The units mentioned in requisition #81845 are needed to replace antiquated, as well as environmentally challenged, mercury floats, which are no longer used in the industry. Presently, the ESD Utility Maintenance Division is phasing out the floats in lift station maintenance. After using non-mercury floats, with little success as far as endurance and longevity, alternative methods were researched by the division's electrical personnel. This resulted in a trial demonstration with pressure transducers and flow line digital panel meters, which we think have operated relatively efficiently. The funding source is account ~441-5144-536 46:20 - Equipment Maintenance. If you have any questions, please feel free to contact me. 87/28/2880 iF:,: 5613447895 JOSEPH:GRAZIOSI PAGE 03 'iQUOTATION I 1648 IIg/li[ jill. lei Itli [12712! FILE: --- _-_.l ql II, I, IIX ~47 11~"~} QUOTED BY ?--- Tr~ 4OI4T/-glIj ...... DELiVERy; __ -- TI: 1811~1lll Illili"t '-- ___ FREIOH~ ..... ItlFiUlY:iIi~.i ~B.l~y_. I.l~k PREPAY & ADD IBII- ~,qI~I'ER PARK, FL FIX: 241-7'144 ...... Pr~ DO NO~ Ir~h,x}e Shll~ng --- _,_~__. ~ ..... ~l[:) TOTAL $7,5OO.00 ! I$OfVIE NON-~TOCK iTEMS ~:,~'~ NOT BE RETURNABLE OTHER RETURNED iTEMS MA"~ BF-./~ A 25% RESTOCKING CHARGE ........ . .... Jo~ph Gr~iosi .......... Pa~ 1 · SEN~ ~'¢: SIAI~ £NSTRU~ENTS; 8~ 709 06t2; JUL-2?-O0 STATE INSTRUMENTS 2810 PARKWAY STREET LAKELAND. FL 33911 PHONE 863-709-0608 FAX 863-709-0612 SALES QUOTE Page: 1 SalesQuote Number: Q-1855 Sates Quote Date: 07,~27/00 Sell To: cITY OF DELRAY BEACH ATTN: ~OB BULLARDICLAY'rON ACCOUNTS PAYABLE 100 NORTHWE. ST 1 ST AVENU DELRAY BEACH, FL 33444 Ship Via: UPS GROUND F.O.B. FACTORY Freight: PREPAID Terms: NET 30 INVOICE DATE Item No. FLO. LI151001 Ship To: ciTY OF DEI.RAY BEACH ACcoUNTS PAYADLE 100 NORTHWEST 1 ST AVENUE DELRAY BEACH, FL 33444 Customer ID 1143 SalesPerson MIKE DOUGLAS D~scripfion FLOWLINE UNIVERSAL PANEL METER 4.5 DI(31T LED DISPLAY 4 - 20 mA INPUT sIGNAL 120 VAC POWER REQUIREMENT 24 VDC POWER SUPPLY FOR TRANSMITTERS 4 EACH SPDT ZA RELAYS 4 - 20 mA REPEATER OUTPUT sTANDARD LEAD TIME 2 - 3 WEEKS ARe THANK YOU FOR YOUR INQUIRY FOR A 12 MONTH BLANKET ORDER OF 100 EACH DEDUCT $20 EACH. THIS WILL IMPROVE DELIVERY TIME AND REDUCE COST OF PROCUREMENT Qty Unit Price Total i~ice 20 403,00 8,060.00 Amount Subject to Sales Tax 0.00 Amount Exempt from Sales Tax 8,0eO,00 Su~otal: InvoiCe Discount: Sa[es Tax: Total: 8,0~0.00 0.00 O.00 8,0~0.00 Ju3~21~-O0 11:46A ClaudQ Gordon Sales 561 832 3.538 P.O1 iF_AX Fax Phone iCC: I:~orl, i 5~ 1-243-730~ tax Phone 5~1-243-7344 REMARKS: ~ Urgent [] For y~ur mvlew Please provide e i~'ice qu-te end avaitab;tity on t~e following, and include ell extra including shipping and hand] rig. 2O Fk;~wline Digital Mete~ Mociel ·: LI15.1001 Red LED Display, fo~ r (4) relay, ~-20 ma Input & output 1,6 VAC Power Thank You, Clayton Gilbert TO: P~ ~ ~-~ ~*~*~ ~ (' FROM: Bob Bullerd Maintenance Manager CFO' of Defray Beach 434 South ~winton Ave. De/my Beach, FLA. 33444 Phone F,~xPhOne ~(o~.-* G~,C-- ~'-~ -- ~ Phona 561.243-730~ ~ 561.243-7344 REMARKS: [] U~Vent ~ Foryourrevfew [] Reply A~AP [] pleese Commant Please provide e price quote and availability on the following, and inctude ail extra coats including shipping and handling. 20 - Flowline Digital Meter Model #: U15-1001 Red LED Display, four (4) relay. 4-20 ma input & output 115 VAC pawer Tl~ank You, Clayton Gilbert JOSEP~: GRAZ I OS I 'I I QUOTATION ......... TERMS:~% 10, NET~ F~ [~I~-~M ~ER PARK, FL DESCRI~ION PRICE TOT~ Q~ U~ ...... 80~E NON-ST~K ITEMS ~Y ~T BE RETUR~BLE ...... OTHER RETURNED ITEMS ~Y B~R A 25% REST~KING CH~G~ J~ph Gr~io~ ~ I ~"B¥: 9TAT[ IN~TRUt,~ENTS; 8~3 709 0612; JUL-27-O0 i:3iPk, J; JUL-27-O0 THU 7:04 ~ CITY. OF. DELRAY BEACh. WTP FAX NO. 56% 243 73~{ PA~ 2/2 07/28120OO humber of pe~,, indu~ r~q cove' ~hee~ 1 F~x, Pheno FROM: Bob Bullard Maintenance Manager City of Delmy Bea~ 434 ,South Sw/nton Ave. Delray Bea~h, FLA. 33444 ~hone 56t-243-7306 fax PhOl~e .5~1-243-7344 REMARKS: [] U~gent [] poryourrevt~w [] Rep~y ASAP [] please ¢ornment Please provide · pdce quote end availability on the following, and mctude ell ex~ra cost~, including shipping end h~ndling. 20 - WIKA Submemible pressure Transmitter WIKA Tronic Line Transmitter LS 10 40 ft SubrnerNble Gable 0 - 100 inches water, 4 - 20 me output, DC 10-30 Volts Made in Gmrmany Thank You, Clayton Gilbert BCONTROL EQ.. UI PiM2NT COMPANY 330 Brannen Road West Lakeland, FI. 33813 Telephone 941-648-4414 Facsimile 941-648-4062 QUOTATION Quotation For: City Of Delray Beach 434 South Swinton Avenue Delray Beach, FI. 33444 Phone: 561-243-7306 Fax: 561-243-7344 Attn: Bob Bullard cc: Clayton Gilbert Ref: Level Transmitter Please Address Order To: Control Equipment Company, Inc. 330 Brannen Road West Lakeland, FI. 33813 Quotation #: 00307065 Date: 27-Juk00 FOB: Lakeland, FI Delivery: 1 to 2 Weeks Salesman: Noel Ruiz - Castafieda Validity: 30 Days Terms: N-30 Days Weight: 5 Lbs. Ea. Est. We are pleased to propose the following items for your consideration. If you have any questions, please call our office at (863) 648-4414 to allow us to serve you. Item Qty Make Model / Description Unit Price 1 20 WIKA $405.45 Total Price Submersible Level Transmitter Model LS-10 / Part # 4262761 316 Stainless Steel- Polyurethane - Polyolefin Wetted Material, G%B Process Connection With Protective Cap, 10 - 30 VDC Power Supply, 40 Feet of Vented Cable, 4 to 20mA- 2 Wire Output, Range 0 / 100" H20 $8,109.00 TOTAL $8,t09.00 Prices shown are applicable only to the quantities quoted herein. Any change or deletk)n of one or more items may require a quotation revision. All prices are subject to the approval of the manufacturer by: 'Wg~-e~, Z. M~k'¢,~ Wilfred Z. Milligan for Noel Ruiz-Castafleda O7/28/2000 { Num~e~, of pa~e~ inclu~n9 cove~ ~lione lax Phone =ROM: Bob Bulle~ Maintenance Manager C~ of Delrey Beach 434 South S'winton Ave. []elm), Beach, FLA. 33444 Phone 561.243-7'306 lax Phone. 561.243-7344 REMARKS: ~ Uigent [~ Foryourmview [] Reply A~AP [~ p~ese Comment : Pteas~ provue a price quote and evnJigbiiity On the following, end include at~ extra costs, including shipping end ha~Cl~ing- 20 - Thank You, WIKA Submersible pressure Transmitter WIKA Tronic Line Tranern{tter LS 10 40 ft Submersible Ceble 0 - 100 inches water, 4 -20 me output. DC 10-30 Volts Mede in Germany Cteyton Gilbert 3IH13333 Y V ~tl ~99 ~99 X¥~'~{~0 ~HZ ~O-TZ"~/ZO AGENDAITEM NUMBER: Request to be placed on: XX Consent Agenda AGEND~ __ Special Agenda Date: August 16, 2000 __ Workshop Agenda When: September 5, 2000 Description of agenda item: The City Commission is requested to approve the purchase award of twenty (20) Flow Line digitai panel meters and Wika pressure transducers for the ESD Utility Maintenance Division from the Iow bidder, Blue Ribbon Industrial Components Corporation, for a total purchase of $15,800 including delivery. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: The Utilities Maintenance Manager and the Purchasing staff recommend the purchase award to the Iow bidder, Blue Ribbon industrial Components Corporation for the twenty (20) Flow Line digital panel meters and the Wika pressure transducers for the ESD Utility Maintenance Division. The total cost of this purchase is $15,800, including delivery. Funding will be taken from account number 441-5144-536-4620. 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 '~:~-~'--I~-'~ ~ ~'~"-~"~'~-~-~ Funding alternatives: ~ ~- ~ ~ ~ --~ (if applicab~ Account Number: ~( --~1 ~'-- ~ ~--~' ~ Account Description: ~ ~' ~ ~~%~ C,~ Manager Review: ~'.~. ~'~ k, ~,~' I~)~~f Approved for agenda: ~ ~ No Agenda Coordinator Review: Received: Action: Approved Disapproved . P.O. NUMBER:. MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph S~ance Director August 30, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 05, 2000 - PURCHASE AWARD PURCHASE OF 150 KW TRAILER MOUNTED PORTABLE GENERATOR FROM R.B. GROVE, INC. Item Before Commission: City Commission is requested to approve purchase award to R.B. Grove, Inc. for the purchase of one (1) 150 KW Trailer Mounted Portable Generator for the total amount of $35,000 via the GSA (General Service Administration) Contract #GS-07F-7800D. Background: Environmental Services is in need of a trailer mounted portable generator for the Pump Station on the Barrier Island for additional support to the current portable generator that is located there. This 150 KW Trailer Mounted Portable Generator is available from the GSA (General Service Administration) Contract #CG-07F-7800D which was awarded to Katolight Corporation. See attached documentation from GSA Federal Supply Service showing the award to Katolight Corporation. This contract is in effect till October 31, 2000. The local dealer for Katolight in the South Florida area is R.B. Grove Inc. as stated on attached memo from Katolight dated March 24, 1999. See attached quote #K-9278-A dated August 17, 2000 received from R.B. Grove Inc. The Deputy Director of Environmental Services recommends award to R.B. Grove Inc. as per attached memo dated 08/30/00. Recommendation: Purchasing staff recommends award to R,B,. Grove Inc. for the purchase of one (1) 150 KV Trailer Mounted Generator at a total amount of $35,000. Funding from account code 448-5461- 538-64.90. Budget transfer attached. Attachments: Memo From Deputy Director Environmental Services Memo to Katolight from GSA Memo From Katolight and Quote From R.B. Grove 'FRO~ : C~'Y. EHUIROMENTAI SERUICES PHONE NO. ~ 5612457060 Aug- 50 2000 ll:ISAM P2 City Of Delray Beach Department of Environtnental Services M E M 0 R A N D U M Ill TO: FROM: Purchasing C. Danvers Beatty, P.E. ~ Depnty Director of Public U~ic~F DATE: August 30, 2000 SUBJECT: Purchase of 150 KVA Trailer Mounted Portable Generator Attached is an agenda request and supporting documentation For the purcha~ of a 150 KVA trailer mounted portable generator. This generator will provide additional support fOr the stormwater pump stations on thc Barrier Island. There is only one portable generator that is primarily dedicated for the stonnwater pump stations. Ihe addition of this generator to our fleet will enhance our emergency operation capabilities of the stormwater pump stations in the event of an extended power failure. This piece of equipment is available from R. B. Grove Equipment Company utilizing General Services Administration Contract No. GS-07F-7800D, expiration, October 31, 2000 in the mount of $35,000.00. Funding for this expenditure is available in Stormwater Account # 448 5461 538 64.90, Other Improvements. (Budget Transfer Attached) Please place this item on the September 5, 2000 Agenda for consideration by City Commission. CDB/ped cc: Richard C. Hasko, P.E., Director of Enviromnental Services Robert Bullard, Manager of Maintenance Allison MacGregor Harty, City Clerk Agenda File \\ESSRVOO2~lavis\wwdat~\Memo\Pu~ch ase of KVA 083000.doc General Service Administration Federal Supply Service Authorized Pc.dc~l Supply Schedule Prir. c list (Catslo$) Schedulc Title and FSC Group. Part, lnd Section - FSC 61, part V, S~tion A. FSC Class(~) - 6115. Coulract No. - GS-07F-TS00D Contra~ Period - November I, 1995; tt,xough October 31, 2{300. Contractor's Name, Addr~s, ~d Phone Number: Kata!ighl Corporation 3201 Third Ay:hue North M~nkato, MN 5600 { 507-625-T973 PH - 507.62~.2968 FX ~ 800-325-5450 Business Size - Small. INFOR.MLATION FOR ORDERING ACTMTIES: I a. Table of av,-~rdctt sl:~cial item numbem: Price Lists SecOou SI~ Form PL,-POR-PO I 383-1 & 383-2 Form pL2 2 31L3-2 Form PL3 3 383-?- Form PLSSD 5 383-1 Form PL5 5 383-2 Form PL KAT 10 383-4 Form ASCO Series 300-30J00 10 383-4 Form PL-CRPSA 10 383-2 Form PL-CRPKG l 0 383-2 I b. Id~ntifie. adon of low~t pfi~.~ models: Price Lists Sectlou lt,nff'Yd~dd {~ Form PL-POP.-PO, page I I Mod~l A.25 Form PL3, page I 3 ModeI20FPH4 Form PLS, pago I 10 ASCO Smries 300, 30 ~mp, 2 pol~, SIN Net Pric~ FOB Origin 383-I S422.40 353-2 $5,327.52 383-4 Sl,177.08 M~ximum order limit ,T400,000. Single item limitafiou~: 383-1-S~0,000, 383-24~400,000,383.4. - $100,000. Minimum order $I00.00. Geographic Coverage - 48 configao~ St~,", ~nd W~hing, to,'., D.C. Point of prod. uction - MaJ'de..~, Blue Ea~ Caun~, M~.ncsat-~ 6. "DISCOUNT FROM LIST P~CES." 2 Section 0 - 150 kW, DiseoUmi mul~ph r 151 kW - 2~;0 kW, Di~coum! muttiplier 251 kW - up, Discount multlplicr , , , x.5'~ x .54 x Section 10: 14.~Iolight, Automatic Tr~s=sfer Swiich, (psg~ 1 & 2) Form pL~T, 11-I-94 x .5~ ASCO 300 Automatic T~f~r Co~ctio~ g~ Fs~g~ T~iler mount~ cOnSt~c~ou ~1 X~iler mouut~ ReaCt 1. Quand~ d~un~ - none. Gov~mca~ ~mmg~ 9b, ~o" 10. 1l. 12. 13. 14. If you havc ~ny questions, I~1case c~l mc st 1.507-6~-7973, Foreign items -nonc. Time of delivery - 3S3-1,30 c~ys AKO, 383-2, 90 days ARO, 3g~~, 45 da~'s AKO. F.O.B. point - bfsnk~to, Blue ~ CounW, Minnesota. Ordering ,tddr~ss - l~toliff, ht Goqx~rstion, 3201 'Fnird Avent~o, Ba.x 3229, Mankato, MinneSota 56001. ps. cat ~ddrcss - ~mli~t ~o~o~ 3201 ~ Avc~U~ Box 3~, ~o, 56001. NOT~: F~I T~ ~o. 41~0~0 sad Smi~ T~ No. 8BNT 9Y~ R.B. GROVE ;[NO.; 305 854 0532; AU~ 25 O0 15:2~; PAG~ :)/3 , .... ,~.~u~bai ~,-*.* R B GROVE ~[I~;[I ~]001/081 BOx 3229 Mo~ato, MN FAX,507 O2~2~8 80~325 March 24, 1999 TO WHOM Iq' MAY CONCEKN R. B. Grove, Inc., is the Exclusive Katolight Distributor for the following counties in the State of Florida: Palm Beach m Monroe l)ade * Broward Collier · Lee Chnriotte ~ Hendry Glades · Martin St. LucJe · Indian River Okeechobec Please contact me personally if you have any questions or concerns. Sincerely Alan J. Prosser Industrial Sales Manager A.P/bjh Eltabiishe¢l 1 g52 ~/~_. ~ 02 .08/i7/00 08:57 FAX B GNOVE. LNCORPORATED GENERATOnS & ENGINES Page 1 of 2 JOB NAME: DELRAY BEACH MOBILE QUOTE NO: K-9278-A DATE: F.O.B.: DELIVERY: AUGUST 17,2000 FACTORY FREIGHT ALLOWED TO JOB$1TE TWELVE (12) TO SIXTEEN (16) WEEKS TERMS: Net 30 days with approved credit I 1/2% per month interest will be charged on all amounts over 30 days. Cancellation charges will apply if canceled more than 72 hours after contract is received. Storage charges are applicable for equipment stored at R.B. Grove, Inc. more than 30 days. BY: RICK GRIFFITHS/Ig 150 kW KATOLIGHT MOBILE GENERATOR SET One Diesel fueled, Model D150F*J4, John Deere Engine, 12 lead, dual voltage rated for 150 kW. standby @ 0.8 PF, 60 Hertz, 120/240- 277/480 volts, three phase, 1800 RPM, complete with all standard equipment, as listed on brochure and including the following: · CONTROL PANEL #50 generator vibration mounted, NEMA 1 enclosure, voltmeter, 3-1/2", 2% accuracy, ammeter, 3-1/2", 2% accuracy, four (4) position combination voltmeter / ammeter selector switch, frequency meter, dial type, 3- 1/2", panel lights and switch, running time meter, 2", battery charging ammeter, 2", water temperature gauge, 2", oil pressure gauge, 2", automatic engine, KASSEC, cycle cranking with 12 lights for: Iow oil pressure shutdown and light, high water temperature shutdown and light, overspeed shutdown and light, overcrank shutdown and light, Iow battery voltage light, charger malfunction light, EPS supplying load light, Iow water temperature light, high engine temperature pre-shutdown and light, Iow oil pressure oil-shutdown and light, Iow fuel light, unit not in auto light, three position manual-off automatic switch, repetitive alarm buzzer and silencing switch · Panic stop button on control panel · Two (2) position voltage changeover switch · 200 amp main line circuit breaker (mounted) wired to 120f208 volts · 100 amp main line circuit breaker (mounted) wired to 277/480 volts · One (1) 40 ft cable wired to the 200 amp main line circuit breaker wilh 200 amp Russell Stroll reverse service end R.B. GROVE, INC. 261 S.W. SIXTH STREET · MIAMi, FLORIDA 33130-2991 TEL: (305) 854-5420 · www rbgrove.com ' FAX: (305) 854-0532 08/17/00 08:57 FAX ~ 03 RB GROVE, INCORPORAi ED GENERATORS & ENGINES Page 2 of 2 Quote fi K.9278-A One (1) 40 ft cable wired to the 100 amp main line circuit breaker with 100 amp Russell Stroll reverse service end Battery / box / cables 6 amp battery charger with plug Coolant heater with plug Critical muffler / flex exhaust (mounted) Weather proof enclosure DC lighting package with timer switch, inside enclosure 10,000 LB rated trailer, dual axle, 225 gallon double wall tank, storage box Freight to jobsite 2 yr. / 1500 hour warranty Test acceptance run, for training and to validate warranty TOTAL NET PRICE EACH (SALES TAX NOT INCLUDED): $35,000.00 Exceptions: · Fuel Installation · Specification by municipality including main line circuit breaker sizing and cables / plugs R.B. GROVE, INC. 261 S.W. SIXTH STREET- MIAMI, FLORIDA 33130-2991 TEL: (305) 854-5420 ' www,rbgrove.com ° FAX: (305) 854-0532 AGENDAITEM NUMBER: Request to be placed on: September 07, 2000 Date: August 30, 2000 XX Consent Agenda Special Agenda Workshop Agenda When: Description of agenda item: Approve purchase of one (1) 150 KW Trailer Mounted Portable Generator from R.B. Grove ~nc. for the total amount of $35,000 via the GSA (General Service Administration) Contract #GS-07F- 7800D. ORDINANCE/RESOLUTION REQUIRED: YES. Draft Attached: YES NO NO Recommendation: Approve award to R.B. Grove Inc. for the purchase of one (1) 150 KW Trailer Mounted Portable Generator for the total amount of $35,000, via the GSA Contract #GS-07F-7800D. Funding from account code 448-5461-538~64.90. Budget transfer attached. Department Head Signature;~"~ - ~ , ,~~ Determination of Consistency wit~'o/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: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:(~ Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved . [IT¥ I]F I]ELllR¥ BER[H DELRAY BEACH AII-Amedca C~ 1993 100 N.W. 1st AVENUE · DELRA¥ BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: FROM: David Harden City Manager Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2000-38 '- Beach Cleaning DATE: August 30, 2000 Bid packages for beach cleaning services were picked up by 8 vendors, and invitations to bid were mailed to an additional 33 vendors. Only one vendor, Universal Beach Services, responded to Bid #2000-38. The annual amount of the contract is $67,053 and will be funded out of account $001- 4123-572-34.90. The contract is for 3 years, beginning October 1, 2000 with an option to renew for an additional 3 years; If the City renews the contract for an additional 3 years, it may consider increasing the payment by the increased cost of living per the Consumer Price Index. The contract is very similar to the previous contract, covering areas such as scope of services, hazard management, erosion control, debris, trash removal, etc. Universal Beach Service has had the beach cleaning contract with the City since about 1983, and we have been very pleased with their work. Please place this on the September 7, 2000 agenda for City Commission consideration. Direocor of Parks and Recreation Attachments JW:cp Ref :dh200038 THE EFFORT ALWAYS MATTERS ;~?. O.-..~. CONTRACT FOR BEACH CLEANING SERVICES THIS CONTRACT FOR BEACH CLEANING SERVICES, entered into this day of ,2000, by and between UNIVERSAL BEACH SERVICE CORP., a Florida corporation, hereinafter referred to as "Universal" and the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Universal is engaged in the business of beach maintenance, cleaning and debris removal; and WHEREAS, the City owns certain beach property located within Palm Beach County, Florida, adjoining the Atlantic Ocean comprising of approximately 1.4 miles extending north- south along the Atlantic Ocean; and WHEREAS, the City is desirous of engaging thc services of Universal for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. Scope of Services. The general scope of services to be performed by Universal shall be to clean and maintain, in a reasonable manner, the entire length of the City's public beach during the term of this Agreement. Universal intends on providing these services on the basis of five (5) days per week, with overlapping stretches of beach being cleaned and maintained each day, weather and environmental conditions allowing. More specifically, Universal agrees to provide the following services to the City with respect to the subject contract: A. Hazard Management. Universal shall have equipment available to lift and remove from the beach foreign material up to 1,500 pounds, to grade areas of beach and move fill from place to place in order to attempt to correct hazardous conditions that may develop from time to time. Universal agrees to provide such hazard management services as the City shall reasonably request with such services, by way of example, including the removal of broken glass, the shoring of eroded and deteriorated walkways by moving fill into place around them, grading storm cut escarpments, removing threatening debris and removing or recovering stairways and rip-rap which were covered by sand pumping and became exposed by erosion. Universal agrees to be available for the performing of such services on an emergency basis and shall respond to the request by the City for the correction of such hazardous conditions within 48 hours, it being understood by the parties, however, that in the event the City shall recognize minor hazards such as broken glass bottles or debris of a nature that can be removed by hand by either the lifeguards or other reasonably available personnel of the City, that such removal will be accomplished in that manner by the City immediately upon recognition of the hazard. B. Erosion control. Universal shall possesses certain equipment capable of providing limited beach repair and erosion control measures. The City is from time to time in need of certain measures for erosion control and beach repair and, accordingly, Universal agrees to provide the following services: (1) Backfilling of washouts, particularly at the foot of eroded stairs and/or entranceways, (2) Grading of excessive sand deposits, (3) Grading of escarpments to a more easily navigated slope, (4) Adding sand to and grading around lifeguard stands. Universal's services as to erosion control and beach repair as provided herein are intended to promote vitality to the dune vegetation, to sustain the contour of the beach better against further wave action and to maximize the useable sandy portion of the beach for recreational enjoyment and coastal preservation in general. C. Debris and trash removal. Universal agrees to remove all trash and debris, including, but not limited to, wood, plastic, glass, rock and metal objects deposited on the City's beach by the ocean or by bather usage seaward of the Scavolea line. Universal shall remove and dispose of all such trash and debris as collected from the beach by transporting the same to the county's existing transfer station. Universal shall empty and maintain the refuse containers (refuse shall mean garbage/trash as these items are commonly understood) on the beach a minimum of five (5) days per week; Universal covenants that such service will be provided every Sunday and services on the remaining four (4) days shall be adjusted so that no large accumulations of refuse 2 will be left unattended to. Universal shall maintain the area around the containers in a clean and sightly manner. Universal further agrees that it shall properly dispose of the collected refuse and shall pay any and all disposal fees associated therewith. D. Seagrasses. Seagrass is to be raked one (1) time per week from 300 feet north of N2 lifeguard stand to the north property line of the Public Beach; from 300 feet north of N2 to the south property line of the City Beach to be raked twice (2) a week; the Atlantic Dunes Park Beach cleaned and raked three (3) times per week. Any seagrass selected for dune reconstruction shall be suitably clean, devoid of debris, litter, tar, etc. Universal shall remove from the beach and transport to the county landfill site any seagrass inextricably combined with debris, tar, dead marine organic matter or other items not suitable for reconstruction in Universal's discretion. Universal shall pay for all disposal costs. During the term of this Agreement, the City is hereby granted the option to increase the frequency of service from that set forth above to a level of six (6) days per week, in overlapping sections, with the entire beach being cleaned and raked three (3) times per week for an additional cost of Five Thousand Dollars ($5,000.00) per year. In the event the City elects to increase the level of service pursuant to its option herein provided, the City shall provide Universal with fifteen (15) days advance written notice prior to the end of any given month, and the additional compensation due Universal shall be prorated over the remaining number of months in that year. By way of example, in the event the City notifies Universal that they elect to increase said level of service after six (6) months after the execution of this Agreement, Universal will be entitled to an increase in compensation in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the remainder of the first year and Five Thousand Dollars ($5,000.00) for each subsequent year during the term of this Agreement. E. Storm Condition and Beach Restoration Pro, iect Debris Removal. In the event of a hurricane, major storm or act of God, heavy oil accumulation or abnormal accumulation of marine vegetation, debris and rocks deposited upon the beach as a result of the City's prospective beach restoration project whereby conditions are created that an unusual and excessive amount of material is deposited on the beach, then upon Universai's request and the City's reasonable approval that such deposits are indeed excessive, the City shall be responsible for compensating Universal for such additional work. In the event of a hurricane, tropical storm, heavy oil accumulation or abnormal accumulation of marine vegetation, the City reserves the right to use its own force or contract for additional services to get the beach cleaned as rapidly as possible in coordination with Universal's cleaning activities. F. Landscaping. Universal will provide services for the maintenance of the foredune vegetation areas which will include the deposit of seaweed mulch in and around the foredune vegetation at the direction of the City and the careful hand raking of the foredune vegetation area in the event debris is deposited by storms from the ocean into that area. This will be performed to the City's reasonable satisfaction. 2. Term. This Contract shall commence on the f~rst day of October, 2000, for a term of three (3) years and shall automatically renew for an additional term of three (3) years upon the same terms and conditions, except as may be amended by Paragraph 3 or unless cancelled or terminated in accordance with Paragraphs 15 and 16. 3. Compensation. In consideration for Universal's providing the services hereinabove described, the City agrees to pay to Universal the annual "base compensation" of Sixty-Seven Thousand Fifty-Three and 00/100 Dollars ($67,053.00) per year during the term of this Agreement. If the City decides to renew the contract for a second three year term, it may consider adjusting the contract price based upon changes in the Consumer Price Index. 4. Access. The City agrees to provide Universal with free access to the City's beach property and not to interfere with the performance of the service herein contracted for; provided, however, that the City may reasonably restrict Universal's access to the beach for safety reasons or emergencies. Notwithstanding any other provisions of this Agreement to the contrary, the City hereby reserves the right to restrict Universal's raking operations on portions of the beach to comply with turtle protection ordinance and law requirements as they may be imposed from time to time during the term of this Agreement. 5. Storage of Equipment and List of Current Equipment. Universal agrees to provide its own storage for its equipment. No equipment will be stored on the beach, City property, or City rights-of-way without the City's express advance written consent. 4 Universal represents to the City that the equipment set forth in Exhibit "A" is currently in service and that Universal will utilize the same or similar equipment for performing its obligations under this Contract for the entire term. 6. Hours of Service. Universal may begin work at 5:30 a.m. and work until 10:30 a.m. on each work day. If in the case of an extremely heavy accumulation of debris Universal finds it necessary to work past 10:30 a.m. or begin earlier than 5:30 a.m., approval must be obtained from the Director bf Parks and Recreation which approval may not be unreasonably withheld. Severe weather conditions, acts of God, and matters beyond Universal's reasonable control (such as lack of access to the barrier island due to bridge failures et cetera) are acceptable reasons for Universal failing to provide cleaning services on a scheduled day. For each day that Universal shall fail to provide service without an acceptable reason there shall be a deduction in the compensation due Universal in the amount of 1/25 of Unlversal's monthly payment. Services shall be rendered by Universal on all holidays that fall on a regular scheduled work day other than December 25. 7. Licenses. Universal agrees to maintain all necessary licenses and permits required for Universal to provide the services required herein and the City shall carry all permits required of it as the "Owner" to have its beach maintained. 8. Disposal Costs. Universal agrees to provide disposal services at its expense for all debris, seagrasses, and trash removed from the beach. 9. Liability Insurance. Universal, during the term of this Agreement, agrees to at all times maintain public liability insurance relative to its business operations with limits of not less than $1,000,000.00 indiviudal/$1,000,000.00 aggregate coverage. Universal further agrees to indemnify, save and hold the City harmless from any and all damages to third parties resulting from Universal's performance of the services hereunder. In addition, Universal agrees to add the City as additional insured under said insurance policy. The above referred to liability insurance shall contain a provision requiring that notice be given to the City thirty (30) days prior to any cancellation. Universal, during the term of this Agreement, agrees to at all times maintain Motor Vehicle Liability Insurance covering death or bodily injury with limits of not less than $1,000,000.00/$300,000.00 for any one accident or disaster. 5 10. Workers Compensation. Universal shall provide workers compensation insurance and show proof of this fact to the City. 11. Representative of City. The City hereby agrees to designate the City Manager, or his/her designee, as its representative for purposes of the administration of this Agreement. 12. Universal's Liability for Damage. Universal agrees to indemnify, save and hold the City harmless for any and all.damage caused to the City's property due to the actions of Universal; provided, however, that the City shall be obligated to notify Universal of all buried objects known to the City and locate them for Universal in order to allow Universal to reasonably avoid such objects. The parties hereby stipulate and agree that the existing communication system between the lifeguard stands on the public beach is not adequately buried to assure that it will not be damaged from time to time by Universal's equipment and, accordingly, the City assumes all responsibilities therefor. 13. Assignability. This Agreement may not be assigned or transferred without the express written prior approval of the City. 14. Taxes. Universal shall be liable for any and all taxes which are or may be imposed as a result of this Agreement. Taxes shall be paid to the appropriate authority. 15. Cancellation by City. The occurrence of any of the following shall cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by Universal. B. Institution of proceedings in involuntary bankruptcy against Universal if such proceedings lead to adjudication of bankruptcy and the Universal fails within ninety (90) days to have such adjudication reversed. 16. Termination. This Agreement may be terminated by either party for failure to abide by any term or condition of this Agreement. This Agreement may also by terminated by either party, with or without cause, upon 120 days prior written notice. 17. Notices. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue To Universal: Delray Beach, Florida 33444 Universal Beach Service Corp. or to such other addresses as either party may designate in writing. 18. Interpretation. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 19. Personal Property. City assumes no responsibility whatsoever for any property placed on the public beach by Universal, its agents, employees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property. If any claim or cause of action is brought against the City relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the City, then Universal shall defend any such action in the name of the City provided, however, that City reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of Universal under this agreement. 20. Independent Contractor Status. Universal and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 21. Warranty. Except as otherwise provided for herein, the City and Universal represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either City or Universal is a party. 22. Entire Agreement. This Agreement constitutes the entire Agreement between the City and Universal in respect to the subject matter of this Agreement and supersedes all prior agreements. 23. Execution and Delivery Required. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of Universal or City, or either of them, unless and until it has been signed by representatives of Universal and City and delivery has been made of a fully-signed original. 24. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 25. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor Approved as to Form: By: City Attorney WITNESSES: '-'(Type-or Print Name) (Type or Print Name) l~effrt, ~'resident (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~],57-day of fl ~ ,2000, by JOHN PEART, President of Universal Beach Service Corp., a Florida corporation, on behalf of the corporation. He is personally known to me/or has produced (type of identification) as igtentification. Signature of Notary ubl c - State of Florida ~ SUSAN LMALONEY ~ co~ss~c~ # CC782~ ~,~,,F EXPloRES OOT 16,2002 ~ ~..'~,4Z;~~ AD ;TA. NTAGE NOTARY ~' AGENDAITEM NUMBER: Request to be placed on: Date: Aug. 30, 2000 XX Regular Agenda Special Agenda Workshop Agenda When: September 7, 2000 Description of agenda item: Request awarding Bid #2000-38, Beach Cleaning, to Universal Beach Services in the annual amount of $67,053. This will be funded out of account #001-4123-572-34.90, ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO Recommendation: Award Bid #2000-38 to Universal Beach Services. City Attorney Review/Recommendation (if applicable): Budget Director Review~o <,-c-~- '~Jrequired on~|.~L~'' ~1' ~z~cL'all items involving expenditure.~.ooo - o t ~__~,/.,~_,°f funds): Funding available: Yes t.--- No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agend~ ~ ,. No Agenda Coordinator Review: Received: Action: Approved Disapproved DELRAY BEACH Recreauon REVISED MEMORANDUM TO: FROM: THROUGH: SUBJECT: DATE: David Harden, City Manager Rodger R.\~i~eiro, CLP, Recreation Superintendent Joe Weldo~ Director of Parks and Recreation Bid #2000-45 - Bus Rental and Driver Service August 29, 2000 I would like to recommend that the low bidder, OK Tours, Inc., be awarded Bid #2000-45 for bus rental and driver service. OK Tours was the low bid at $88,395 which was for the usage originally requested. Per page 18, Item 12 of the Invitation to Bid, the "Number of hours, miles and buses or vans are approximations and specific numbers are dependent on other factors." I have just been advised that the balances in 2 accounts are different from what I indicated in my memorandum of yesterday. The correct amounts of funding will come out of the following approved budget accounts: $8,940 out of account #001-4105-572-44.90 (after school); $7,220 out of account #001-4121-572-44.90 (athletics/special events); $33,030 out of account #001-4106-572-44.90 (summer camp); and $9,000 out of account #115-4912-572-55.30 (Rocks football) for a total of $58,190. The buses will be 59 passenger coach buses with air conditioning and rest rooms and will be equipped with radios. I have met with OK Tours President Jean-Michel Thirion, and he agrees to the terms. Please place this on the September 7, 2000 agenda for City Commission consideration. Rodger R. Ribeiro, CLP Recreation Superintendent Attachments cc: Jackie Rooney, Purchasing Supervisor Nilza Madden, Agenda Coordinator Joe Dragon, Assistant Director of Parks and Recreation Ref:bid0045 5O (561) Northwest 1st Avenue 243- 7250 · Fax; (561) Delray Beach, Florida 33444 243-7268 · http://www.dbpr.com q. 4. Vendor shall supply a copy of the written procedures for supplying alternate buses for buses which are disabled during transport. 5. Vendor shall list in the bid what types of buses will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this bid. 6. Vendor must supply recent references xvhich are to include company name, address, contact person and telephone number. 7. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the vendor's responsibility. 8. Vehicles may be garaged at the City Attorney's Complex, 200 N.W. 1st Avenue, Delray Beach, Florida, and/or the Public Works Complex, 434 South S~vinton Avenue, Delray Beach, Florida. 9. Bid prices must include a cost for travel time between Contractor's garage and the City of Delray Beach, if applicable. This charge will not be in effect if vehicles are garaged as stated in #8 above. 10. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (30) days ~vritten notice of the intention to cancel at any time the supplier fails to fulfill or abide by any of the terms and/or conditions specified. If a breach of contract is brought to the vendor's attention more than once, the second breach of contract will be grounds for immediate termination without further notice. 11. Any claims of damage must be reported immediately to the Recreation Superintendent. Any necessary repairs for the damage must be submitted in xvriting with cost estimates and pre-approved by the Recreation Superintendent before repairs are started. 12. Number of hours, miles and buses or vans are approximations and specific numbers are dependent on other factors. Vendor will be given as much advance notice as possible, but not less than 24 hours. 13. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 14. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City. Successful company should specify specific cancellation policy and ~vho should be notified. 18 AGENDA ITEM NUMBER: "~'.0. ~. Request to be placed on: AGENDA REQUEST Date: August 29, 2000 XX Regular Agenda SpecialAgenda Workshop Agenda When: September 7, 2000 Description of agenda item: Request awarding Bid #2000-45, Bus Rental and Driver Service, to OK Tours, Inc. $58,190 is available and was approved in the following amounts from these accounts: $8,940 from account #001-4105-572-44.90 (after school); $7,220 from account #001-4121-572-44.90 (athletics/special events); $33,030 from account #001-4106-572-44.90 summer camp); and $9,000 from account ORDINANCE/RESOLUTION REQUIRED: YES NO X #115-4912-572- Draft Attached: YES NO X 55.30' (Rocks football). Recommendation: Award Bid #2000-45 to OK Tours, Inc. Department Head Signature '~'~ 'lan Determination of C~nsisten :cy w h~Com~prehe~sive P--: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes /~q OI No Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved. Disapproved PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: THROUGH: DATE: ~~~e~ ~:~e~:ina n~~r August 28, 2000 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, SEPTEMBER 5, 2000 PURCHASE AWARD OF OFFICE FURNITURE FOR THE VICE, INTELLIGENCE AND NARCOTICS SECTION AT THE DELRAY BEACH POLICE DEPARTMENT FROM JC WHITE OFFICE FURNITURE ITEM BEFORE COMMISSION: The City Commission is requested to approve the purchase award of office furniture for the Vice, Intelligence and Narcotics Section at the Delray Beach Police Department from JC White Office Furniture for a total cost of $14,458.82. BACKGROUND: The Delray Beach Police Department is requesting authorization to purchase office furniture for the Vice, Intelligence and Narcotics Section at the Delray Beach Police Department from JC White Office Furniture for a total cost of $14,458.82. Pricing is per the Florida State Contract, 250-000-97-1. Funding for this purchase will be taken from account numbers 001-2115-521-5120 ($8.184.49) and 001-2115-521-6410 ($6,274.33). The Administrative Services Director at the Police Department recommends award to JC White Office Furniture for a total cost of $14,458.82 per his memo dated August 4, 2000. RECOMMENDATIONS: The Purchasing staff recommends the purchase award of the office furniture for the Vice, Intelligence and Narcotics Section at the Police Department from JC White Office Furniture for a total cost of $14,458.82. Pricing is per State of Florida Contract Number 250-000-97-1. See the attached memo from David Junghans dated August 7, 2000. Attachments cc: Jacklyn Rooney, Purchasing Supervisor ~-'~1 David Junghans, Adm n strat~ve Serv ces DiYector 0 ~'~8./2000 i2:34 561848821~ JC WHITE PAGE 02 NOTE~ DESKS & RETURNS ARE 24~ DEEP :. ^~OVE O'EMIZEp · SPECIFICATIONS- ~CAL. E* V4" · I' 0,c~/2B/2000 12:34 5B1040B219 JC I~HITE PAGE 03 OBF'PlnNS.SIF USTS CUSTOflERS CUSTOHER% DEI~AY BF. ACH POUCE DEP'r V,t,N, ~. ....I~_lg_.. ~_t.[_ ~_~ Oescr!pfio9 ! _0pttp~_. 1 HAN 1 5340-5618 HARBWARF,pKG,TASK LIGHT,VSU HARDWARE,PKG,TASK LIGHT,VSU 2 HAN 9 NAC-18 PENCIL DRAWER 3 HAN 1 NFDL-2466-1HR PEDESTAL DESK- LAMINATE TO 24" X 66" 4 HAN 2 (1HR) 6/6/12 RIGHT · ,OH- LAMINATE - UNDECIDED COLOR ,HP- LAMINATE _ UNDECIDED COLOR ,TR- SURFACE 3 UNDECIDED COLOR NFDL-2472-1HL PEDESTAL DESK - LAMINATE TOP 24" X 72" 5 HAN 6 (1HL) 616/12 LEFT ,OH- LAMINATE - UNOECIDED COLOR ,HP- LAMINATE __ UNDECIDED COLOR ,TR- SURFACE 3 ~ UNDECIDED COLOR NFDL-2472-1HR PEDESTAL DESK - LAMINATE TOP 24" X 72" (1HR) ,HP- 516112 RIGHT LAMINATE UNDECIDED COLOR LAMINATE UNDECIDED COLOR SURFACE 3 UNDECIDED COLOR Extended 0.00 0.00 0.00 0.00 Lstomer %0.00000 60.00 540.00 21.29 191,61 6tomer %64.51400 1273.00 1273.00 45'1.74 451.74 ;ustomer %64.51400 1315.00 2630.00 466.64 933.28 ustomer %64,51400 1315.00 78~OT00 466,64 2799,84 Jstomer %64,51400 J.C. WHITE OF'FICE FURNITURE, WPB Page '1 0~./28/20B0 12:34 5610480218 JC WHITE PAGE 04 DBPOVINt.SIS: LISTS CUSTOHER$ CUSTOHF~q")'o D~LRAY BEACH POUCE DF. PT ¥.I.N. ~ ._ ~?~L~ Q_ty Part # _D_d_~c[ipt. i?_~/_~OP~!M~-~ .............. 0 HAN 7 NFRL-2448-1JL RETURN,DESK HEIGHT,LAMINATt 24" X 48" (1JL) 12/12,LEFT ORIENTATION ,OH- LAMINATE UNDECIDED COLOR ,HP- LAMINATE - UNDECIDED COLOR .TR- DRAWER FRONT UNDECIDED COLOR 7 HAN 2 NFRL-2448-1JR RETURN,DESK HEIGHT,LAMINATE 24" X 48" (1JR) 1 2/12,RIGHT ORIENTATION .OH- LAMINATE UNDECIDED COLOR .HP- LAMINATE UNDECIDED COLOR TR- DRAWER FRONT UNDECIDED COLOR 8 HAN 9 NFUS-3372 VERTICALSTORAGE,STEEL DOOF 34" X 72" ,TR- SURFACE 1 UNDECIDED COLOR ESSENTIEL GRADE A UNDECIDED COLOR g . HAN g NTL-60-T TASK LIGHT - 60" (T) T-80CTIC ,TR- SURFACE t - UNDECIDED COLOR 10 HAN 1 NV'I--1 VERTICAL STORAGE UNIT TEMPI. Unit E~tended 983.00 6881.00 348,83 2441,81 :ustomer %64.51400 983,00 1968.00 348,83 697,66 ;ustomer %64.51400 1553,00 13977.00 ~551,10 4959,90 ustomer %~4.51400 208.00 1872.00 73,81 664,29 ;ustomer %64.51400 12.00 12.00 4.26 4,26 :ustomer %64.51400 J.C. WHITE OFFICE FURNITURE, WP8 Page DBPDVIN 1 .SIF DEL,q~Y BEACH POLICE DFPT V,l.#, ~ Mfg__ Qt2( Part 11 HAJ 9 LSET-6 .LX- OBL 12 JCW 1 Totals List 38355.43 Customer 14458,82 Customer% 62.30307 LISTS CUSTOHIFRS CUSTOMER~, Descrip[Ion / Opl._.ion__~ .............. STANDAED LOCK PLUG & KEY LOCK SET (QTY 8) LOCK COLOR BLACK DELIVERY AND INSTALLATION Iv g-5 HAVE REVIEWED J, ND APPROVE THE A PRODUCT SPEC[ Signature &-Z?-2OOO 0.00 0.O0 Customer %0,00000 1314.43 1314.43 13t4.~3 1314.43 :ustomer %0,00000 ~IDERSTAND. VE iTEMIZED J.C. WHITE OFFICE EURNITURE, WPB Page AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: XX Consent Agenda Special Agenda Date: August 29, 2000 __ Workshop Agenda When: September 5, 2000 Description of agenda item: The City Commission is requested to approve the purchase award of office furniture from JC White for the Vice, Intelligence and Narcotics Section at the Police Department. The total cost of this purchase is $14,458,82 and is priced per State of Florida Contract Number 425-000-97-1. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES. NO NO Recommendation: The City Commission is requested to approve the purchase award of office furniture from JC White for the Vice, intelligence and Narcotics Section at the Police Department. The total cost of this purchase is $14,458,82 and is priced per State of Florida Contract Number 425-000-97-1. Funding for this purchase will be taken from account numbers 001-2115-521-5120 ($8,184.49) and 001-2115-521-6410 ($6,2.74~ ~~ ~ Zt~_ Department Head Signature: · - Determination of Consistencywith~prehensive...Pla: City Attorney Review/Recommendation (if applicable): Budget Direct°rReview(required°nallitemsinv°lvingexpenditu~lFunding available: Yes '/ No Funding alternatives: (if applicable) Account Description: Account Balance: OOI -,?-It City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: MEMORANDUM TO: THRU: FROM: Jennifer Schillace, Buyer DATE: August 21, 2000 SUBJECT: Engine Analyzer Purchase This memo is a recommendation for the City Garage to purchase a Sun Engine Analyzer from Snap-On Industrial. The analyzer, model #EEOS108D17 is off Florida state contract, #445-001-99-1 for $24,846.00. This purchase would come out of account #501- 3311-591-64.90. This is to replace Sun Engine Analyzer Model #2500 which is over 10 years old. The existing machine is currently inoperable, needs major component replacement to fix, and does not have capacity to add sotY~vare to analyzer new equipment and not compatible with newer cars. This piece of equipment is invaluable in today's computerized environment. This equipment performs all computerized diagnostic tests for vehicles helping to determine problems and repair needs. The new equipment has capacity to add programming in future years. All programs are on CD-ROM and DVD discs. Mr. Harden, during budget review, directed that we proceed to order this equipment now. This item will need to be taken to City Commission at the 09/07/00 meeting for approval. Any questions please call me at extension 7332. Thank you for your assistance. RAB/tas Doc: Memo to Jennifer re engine analyzer purchase PURCHASING DIVISION MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jennifer ~Buyer Joseph Saffor'Fd~nce Director August 29, 2000 DOCUMENTATION CITY COMMISSION MEETING, SEPTEMBER 5, 2000 PURCHASE AWARD OF A SUN ENGINE ANALYZER FROM SNAP-ON INDUSTRIAL FOR THE CITY GARAGE ITEM BEFORE COMMISSION: The City Commission is requested to approve the purchase award of a Sun Engine Analyzer from SNAP-ON Industrial for the Central Garage for a total cost of $24,846. BACKGROUND: Bill Darty, Fleet Maintenance Supervisor, is requesting that City Commission approve the purchase award of a Sun Engine Analyzer from SNAP-ON Industrial for a total cost of $24,846. Pricing is per State of Florida Contract, 445-001-99-1. Funding for this purchase will be taken from account number 501-3311-591-6490. Money available through the budget transfer attached is from prior year's surplus. Attached, please find a letter of recommendation from the Fleet Maintenance Supervisor dated August 21, 2000 and a quote from SNAP-ON Industrial dated August 16, 2000. RECOMMENDATIONS: The Purchasing staff recommends the purchase award of the Sun Engine Analyzer from SNAP-ON Industrial for a total cost of $24,846 per the State of Florida Contract, 445-001-99-1. Attachments z~ cc: Jacklyn Rooney, Purchasing Supervisor - I'~ ' Robert Barcinski, Assistant City Manager ~,] Bill Dar/y, Fleet Maintenance Superintendent "'. ~nap-~n/nd~l ~/P re vi e w Preview Number Type Customer # Cust PO # S~p V~a T~-ms EEOSt0gD17 tI~V SUlCMACH 450D 1 30,995.00 24,796:00 24,79~.00 Sub Total $24,796.00 ~/~r~o ~ ~_~ Tax $0.00 /~ ~.~ /_ d~7/[/' ~/_, ~/~, Freig_ht $50.00 /..-~gt-~ /~/~p~ p/~L~ Total $24~846.00 Federal I/D # 582069671 Page: 1 · ' [Co~tract Number] -- Vendor Information Page 1 of 1 Hand Held Tools & Hand Held Power Tools 445-001-99-1 Price Sheets Ace Tool Company Cameron & Barkley W.W. Grainger _MCS Industrial Supp~ Sears Industrial Supply State Contracts Main Index Back to To~ I1 -A_IN ~INDF X I 0nerSt0~i pUl~.h_~_i~g I Passwerd I Account Status I liE~LP Please send comments or questions to ,~'tate Ptazha,~in~ http ://fcn. state, fi.us/st_contracts/445001991/price .htm 8/23/00 Tools Page 1 of 1 Manufacturer Bid Snap-On Snap-On Tools _Price List Number IPL 9812 % Discount 25% http://fcn.state.fl.us/st_contracts/445001991/price7.htm 8/23/00 AGENDAITEM NUMBER: Request to be placed on: XX Consent Agenda __ Special Agenda Date: August 29, 2000 Workshop Agenda When: September 5, 2000 Description of agenda item: The City Commission is requested to approve the purchase award of a Sun Engine Analyzer from SNAP-ON Industrial for the Central Garage for a total cost of $24,846. ORDINANCE/RESOLUTION REQUIRED: YES. NO Draft Attached: YES NO Recommendation: Bill Darty, Fleet Maintenance Supervisor, is requesting that City Commission approve the purchase award of a Sun Engine Analyzer from SNAP-ON industrial for a total cost of $24,846. Pricing is per State of Florida Contract, 445-001-99-1. Funding for this purchase will be taken from account number 501-3311-591-6490. Money available through the budget transfer attached is from prior year~s surplus. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes V~ No Funding alternatives: (if applicable) Account Number: '?)OI- "~l I - 5~t I · I_~q-°tO Account Description: ~'-~1~'" ~"~.(~./~,)'!~t"~ ' ' nce ~'~ ~~ ~ Account Bala : ~ ; ~ _. ~ ,, Ci~ Manager ~eview: ~ ~- 0 0 A rovedfora enda '~ ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David Harden City Manager C. Danvers Beatty, P'E~ Deputy Director of Public'Utilities September 1, 2000 Purchase of Automatic Emergency Chlorine Shut-Off System Attached is an agenda request and supporting documentation for the purchase of an automatic emergency chlorine shut-off system manufactured by Halogen Valve Systems, Inc. The system will be purchased sole source from Water Treatment and Controls Company, the local representative for Halogen. Also attached is a quote from Water Treatment and Controls Company for the system including one spare actuator. The total price for this purchase is $37,625.00 and funding is available from Account #441-5143-536-64.90, Other Machinery & Equipment (Budget Transfer Attached). Please place this item on the September 7, 2000 Agenda for consideration by City Commission. CDB/ped CC: Richard C. Hasko, P.E., Director of Environmental Services Robert Bullard, Manager of Maintenance Allison MacGregor Harry, City Clerk Agenda File U:\wwdataXMemo~r'urchase of KVA 090100.doc 3', O. 7. 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.~..'~ Deputy Director of p~tilifies August 8, 2000 Chlorine Shut Off System ~ Water Treatment Plant Chlorine Room Ct 'V ,,,.~ On July 9, 2000 the Water Treatment Plant experienced a minor leak in the pig tail connection fitting of a one ton chlorine cylinder. The gas detector sounded an alarm and the Fire Department Hazmat Team promptly responded to the call. Members of the Hazmat Team dawned with the proper gear, entered the chlorine room and shut the valve on the leaking cylinder. The leak was not serious and was contained within the chlorine room with no measurable disbursement to the atmosphere. Based on this particular incident and in an effort to promote better hazard mitigation as outlined in our Risk Management Plan we have investigated systems which will automatically activate the valves on the chlorine cylinders. The system that appears to he the most promising and is currently in use by several Utilities in the State is manufactured by Halogen. The Halogen valve chlorine shut off system consists of a unit that attaches to the chlorine cylinder and can be activated by a manual switch in the control room or automatically by a chlorine sensor unit. The existing cylinder configurations at the plant consist of four one ton cylinders on primary feed and four one ton cylinders on backup feed. Since all eight cylinders are connected to the feed manifold, we will need eight actuators and two control stations. Attached is a quote from Water Treatment and Controls Company, the local representative of Halogen, for the automatic shut off system. Also included is a spare actuator. The total price for this system is $37,625.00, which does not include installation. The installation procedure is not complicated and will be done with in-house personnel. Funding is available in the City Manager contingency fund. If you would like for me to proceed with the implementation of this system, please let me know and I will prepare a package for Commission approval. Thank you. CDB/ped CCi Richard C. Hasko, P.E., Director of Environmental Services Bob Rehr, Fire Chief Don Haley, Manager of Water Treatment Plant Robert Bullard, Manager of Maintenance U:\wwd at a'uMemo\Chlofine Room 080800.doc WATER TREATMENT AND CONTROLS COMPANY 25 West Lekeview Avenue, Suite 2 Etmtls, FL 32726 PHONE: (352) 267-3223 FAX: (863) 324-7375 FACTORY AUTHORED REPI~aENTATIVE, DISTRI~OR & SERVICE CENTER FOR w~J.~CE s~U~N c,m~CO HALOgeN V,~.W$ ~M~ ~D $YS~M8 ~. ~F V~8 ~ V~8 TO: City of Delmy Bch Attn: Clayton Gilbert RE: Halogon valve Chlodne shut*off system quote FAX: 561-243-7344 PHONE: 561-243-7306 Bid date: 8-31-00 We are pleased to fumish you our quotation for the following HALOGEN Valve Chlorine Shut-off system on the above referenced project. Please find below our scope for your review. (T1NO) Halogen Valve Chlorine shut-off system model Hexacon-4, include~: (2) 4 station c~ontrol panels (8) ton cylinder mounted actuators for shutt off (8) 12' length of actuator cable (one par actuator) (2) local/remote 'kill button' (one per Cofltrol panel) (8) wall mounted bracket for actuator stowage (one per actuator) (8) ~ twist chlorine wrench (one per actuator) O & M manuals, and installation drawings Please note the following: All equipment supplied with standard factory finish. Mounting bolts, gaskets, wiring or installation not included. Standard Halogen warranty applies. Please see attached standard terms end conditions. E~fimatad shipping included in total. Total: S 34,100.00 Price for spare actuator and cable assembly S Should you favor us with an order, please addreSS to Halogen Valve Systems/ CIO water Treatment & Controls Co. If you recluire assistance or have any questions please contact our office. Thank You, James Bindschedler . 08/31/208~ 22:57 8~332a737S WTC J BINDSCHADLER PAGE 02 Water Treatment & Controls Co. - Standard Terms and Conditions: 1) Prices quoted are firm for thirty days after date of proposal, provided buyer releases material for shipment within thirty days of receipt of written purchase order. 2) This proposal includes only the items specified herein and does not include installation, field erection, accessory or related material such as controls, piping, otc, nor any items unless specifically listed. 3) Terms are net 30 subject to buyer's continued credit-worthy status. 4) Delivery shall be F.O.B. origin. Freight charges will be ~~ ,ae~ed to the total unless instructed otherwise by the buyer. 5) All applicable taxes or government charges upon the sale, production, shipment, and/or use of equipment covered by this proposal shall be added to the total price and shall be paid by the buyer. Please add any or all taxes to the total price given on quotation. 6) Please allow~'~weeksfordelivery. C/~^ ~ ~9~$e ~r 7) All orders are subject to a 25% restocking fee upon cancellation. 8) Submittal and O&M Manuals upon request. 9) For additional service requirements please add $70.00 per hour, .50 per mile and/or any expense incurred. Please call for any assistance or questions you may have on our scope of materials or terms and conditions 352~ Thank you AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda AgendaItem ~'. O. 7. Date: September 1, 2000 When: September 7, 2000 Description of item (who, what, where, how much): Staff requests Commission award the purchase of an automatic emergency chlorine shut off system from Water Treatment and Controls Company in the amount of $37,625.00. The implementation of this system to our chlorine storage facility will provide automatic shut-off capabilities in the unlikely event of a chlorine leak. Funding for this expenditure is available in Water Maintenance Account #441-5143-536-64.90, Other Machinery & Equipment. ORDINANCE/RESOLUTION REQUH~D: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of the purchase from Industrial Water Treatment and Controls Company in the amount of $37,635.00. Department head signature: ¢,_ x(~ .~=~ ~/~!/60 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (rgflpired on all items involving expenditure of funds): Funding available:~lNO~ ~.s~o.~ o,_\~c.~ ~ ~~ ~ ?~~ Funding alternatives (if applicable) Account No. & Description %%l~ ~1 ~%- ~--~, ~ ~ Account Balance ~ ~X~ .~ L~ ~~~ CiW Manager Review: &~ ~ ~~~ ~~ Approved for agenda: 0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \~ESSRV002\davis\wwdata~Forms~AgendaReq - Chlorine 090100.doc MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing SupervisorC~' Joseph S~nance Director September 01, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 07, 2000 - APPROVAL FOR LEASE OF A FULL SIZE VEHICLE FOR POLICE DEPARTMENT VOLUNTEER PROGRAM WITH MEARS MOTOR LEASING Item Before Commission: City Commission is requested to approve a three (3) year lease for a full size vehicle for the Delray Beach Police Department Volunteer Program with Mears Motor Leasing for a total cost of $13,844. Background: The Delray Beach Police Department is in need of a larger vehicle for the Volunteer Program to use for towing large specialized equipment throughout the City. The Department currently has nine (9) vehicles but they are not large enough for this usage. Pricing was requested from two companies for this lease vehicle. The only quote received was from Mears Motor Leasing. Mears Motor Leasing is our current vendor who has the leases for the above mentioned nine (9) vehicles. See attached quote from Mears Motor Leasing dated August 16, 2000. The Administrative Services Director of the Delray Beach Police Department recommends approval for this three (3) year lease with Mears Motor Leasing as per attached memo dated August 31, 2000. Recommendation: Staff recommends approval to Mears Motor Leasing for three (3) year lease for a full size vehicle for the Police Department Volunteer Program for a total cost of $13,844. Funding for the first two years from 98 BJA Block Grant Project #99020, account code 115-2116-521-49.50 for $9,228, and for the third year from 99 BJA Block Grant Project #20060, account code 115-2118- 521-49.50 for $4,614. Attachments: Memo From Police Dept. Quote from Mears Motor Leasing Delray Beach Police Department (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: FROM: DATE: SUBJECT: Jackie Rooney ~, Purchasing Superior David Junghanb.~ ~ Administrative Servides Director August 31, 2000 LEASE VEHICLE FOR THE VOLUNTEER PROGRAM Enclosed please find the odginal lease proposal from Mears Motor Leasing for a full size sedan, Ford Crown Victoria. The vehicle will be used to support the Department's ongoing Volunteer Program. Currently we have nine (9) lease vehicles that support the Volunteer Program. A larger vehicle is required because several programs require specialized equipment be towed throughout the City. Because of time constraints the Federal Block Grant funds to support the first two years of this lease must be obligated no later than September 31, 2000. Only two vendors were contacted, Mears Motor Leasing and Enterprise-Rent-A-Car. These two companies were contacted because we have a long-standing relationship with both companies and have been very satisfied with the service provide by both companies. Enterprise was not interested in providing a pdce quote. As stated before, funding for this project will be from the 1998 and 1999 BJA Block Grant. We have received approval from the grant office for the expenditure of the funds for this purpose. A copy of that approval has been provided to the City of Delray Beach Finance Department. Should there be any additional questions or concerns, please call me at extension, 7852. DJ/ Enclosure cc: Major Schroeder, Police Department Captain Phillips, Police Department [IT¥ OF DELIII:i¥ BEI:I[H DELRAY BEACH AII-AmedcaCity 993 FROM: 100 N.W, 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager DATE: September 1, 2000 SUBJECT: Proposed Lease Police Department Ford Crown Victoria Per David Junhans the proposed grant funding cannot be used for purchase, only for a lease. Not withstanding that fact, based on last year's costs for a Ford Crown Victoria the amortization schedule (rental cost per month) comparison based on $23,467 purchase price with an extended warranty ($19,124 with 3 year standard warranty) is as follows: With Extended Warranty 3 Year Lease 3 Year Rental $384.50 mo. $651.86 mo. 5 Year Rental $391.11 mo. 7 Year Rental $279.36 mo. With 3 Year Standard Warranty 3 Year Lease 3 Year Rental 5 Year Rental 7 Year Rental $384.50 mo. $531.22 mo. $318.73 mo. $227.66 mo. The Mears proposal includes a standard 3-year warranty. Warranty work and service would be with a local vendor. All repairs would be paid for out of the grant as well as stripping, lights, etc. The lease would be like the under cover cars. We would hope to get 5 years service out of a vehicle like this. We do not think we could get a comparable vehicle in the allotted time frame. I would recommend approval with the stipulation that the Police Department provide the garage with all maintenance records and costs so we can keep track of this vehicle for future comparisons. RAB/dr U:RANGEL/RAB Vchiclcs agenda ~ P~ntedo~ Recln~dPaper THE EFFORT ALWAYS MATTERS August 16, 2000 MEARS MOTOR LEASING David Junghans City of Delray Beach Police Department 300 West Atlantic Ave. Delray Beach, FL 33444 David: Mears Motor Leasing will lease the City of Delray Beach Police Department a new Ford Crown Victoria (administrative Sedan, based on the Florida Sheriff's Association & Florida Association of Counties Bid Award # 99-07-0913) on a 36 month closed-end agreement as follows: Crown Victoria Sedan Southern zone $19,124.00 36 months ~ $384.50 per month Mileage allowance - 15,000 per year (45,000 total miles) Overmileage -. 10 cents per mile The lessee would be responsible for maintenance and all necessary insurance. Our figures are for budget purposes only as the 2001 Bid Award has not been announced. Thank you, David R. Pickard Senior Acct. Exec. VEHICLES · EQUIPMENT · SALES 3905 EL REY ROAD, ORLANDO, FL. 32808 · FAX 407-578-4924 · PHONE 407-298-2982 VV~VVV. M EARS LEASl NG .CO M Jun~hans, David L. From: Sent: To: Cc: Subject: Paul Steiner [STEINER@ojp.usdoj.gov] Thursday, August 31, 2000 9:51 AM J U NGHANS@cL delray-beach.fl.us mossoj@ojp.usdoj.gov C.A.T.C.H. OVERTIME AND VEHICLE LEASE ~Reply Overtime for State Law Enfomement Officers Based on our discussion, the City will pay overtime costs for State law enfomement officers to promote public safety via the C.A.T.C.H. program within the confines of the City. This is an allowable cost because it supports the City's overall crime fighti_~ efforts. Use of FY 98 LLEBG Funds for Leasing Vehicles As long as the FY 98 funds are obligate by 9/30/00 and expended by 12/31/00, leasing a vehicle is an allowable cost. The fact that you are pumhasing two years of the lease in full "up-front" of the two year period is irrelevant. This is the same as purchasing a vehicle with a useful life that extends beyond the grant period. Let me know if you have any more questions on these expenditures. Paul Steiner Branch Chief State and Local Assistance Division Bureau of Justice Assistance Request to be placed on: X Consent Agenda When: September 71 2000 Description of agenda item: AGENDA ITEM NUMBER: 4~'. O. ~' AGENDA REQUEST Date: Auqust 31, 2000 Special Agenda Workshop A(3enda Request City Commission's approval for the lease of a full size vehicle to support the Police Department's Volunteer Program. The lease will be for a period of three years, and will begin some time during the first quarter of F/Y 2000/01. The first two years will be funded from the 98 BJA Block Grant, $9,228.00 The last year will be funded from the 99 BJA Block Grant, $4,614.00 The total cost of the lease will be $13,844.00 ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES NO X NO X Recommendation: Approve Department Head Signature: Ma~o~'Joseph L. Schroeder, Deputy Chief of Police Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it,ems.,~X~lvir~g ~xpenditure of funds): Funding available: Yes ~ '-~ NO Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: e~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~' Joseph~inance Director September 01, 2000 DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 07,2000 - BID AWARD - BID #2000-28 MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT Item Before Comxnission: City Commission is requested to make multiple awards to low responsive bidders, as stated below, at an estimated annual cost of $96,500 for the City of Delray Beach. Background: The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach. Bids were received on July 27, 2000, from twenty (20) vendors, all in accordance with City purchasing policies. (Bid #2000-28. Documentation on file in the Purchasing Office). A tabulation of bids and award recommendations per group and/or item number is attached for your review. Purchasing met with Division Chief Richard Murphy of the City of Delray Beach Fire Department and award recommendations were made to low responsive bidders as listed on the attached award recommendation sheets. The City of Boynton Beach concurs with this recommendation. See attached memo dated September 01, 2000. Recommended Awarded Vendors: Emergency Medical Products Inc. Southeastern Emergency Equipment MDS Matrix Sun Belt Medical Emergi-Source Moore Medical Corporation Advanced Medical & Pharmaceutical Supplier Micro Bio Medics Inc. Medix USA Suncoast Surgical Supply Inc. PMX Medical Specialty Distributors Anina Pharmaceutical Inc. Ever Ready First Aid & Medical Supply Aero Products Corp. D/B/A American La France Medic Master Medical Supply Depot Inc. Recommendation: Staff recommends award to various vendors as outlined above and highlighted on attached Tabulation of Bids for a total estimated annual cost of $96,500. Funding from City of Delray Beach Fire Department operating budget for estimated annual cost of $95,000 and from Delray Municipal Beach operating budget for estimated annual cost of $1,500. Attachments: Tabulation of Bids Award Recommendations Per Group / Item Memo From City of Boynton Beach Cc~ Richard Murphy, Division Chief Delray Municipal Beach City of Boynton Beach CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO: FROM: DATE: SUBJECT: Bill Atldns Deputy Financc Dircctor Dominic DeMauro, Warchousc Managcr~ September 1, 2000 Annual Contract for Medical and Drug Supplies Bid #100-1412-00/KR I have reviewexl thc tab 8hcct fi.om the City of Dekay Beach Purchasing Department. The is a joint bid berwem~ both Cities. Tlxia is A Multi award to over al! lnw h~clrlem arid we are In agreement. The estimated expenditures are $110,000.00; any question please contact mo at 6324. cc: File MEDICAL AND DRUG SUPPLIES BID #2000-28 AWARD RECOMMENDATIONS AWARDS BY GROUP TOTAL OF UNIT PRCIES PER ITEM. GROUP TOTAL # DESCRIPTION VENDOR COST COMMENTS Anesthesia/Respiration Equipment, Supplies Misc. Intravenous Supplies Blood Pressure & Blood Flow Detection Equipment 4. Special Inslnrments Floor Grade Tracheal Tubes Portex or Rusch No Substitutes Catheters IV/Needle Catheters IV/Needle City of Bovnton Beach Only- Jelco No Substitutes Emergency $ 395.73 Medical Products Inc. Sunbelt Medical $ 460.40 Emergi-Source Medix USA $ 175.77 Emergency $ 15.86 Medical Products Inc. Emergency $ 125.40 Medical Products Inc. Emergency $ 492.50 Medical Products Inc. Sunbelt Medical $ 182.50 Emergi-Source Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Bandages, Dressings, Suncoast Surgical $ 303.88 Gauze Supply Inc. GROUP//9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL U-NIT # DESCRIPTION VENDOR COST COMMENTS 97. 12 ml Syringe 21 ga. PMX Medical $15.04 Sole Bidder x 1 ½" needle Supply box of 50 Vanishpoint - No Substitutes 98. 3 mi. Syringe 21 ga. Emergency $ 60.00 Low Bidder x I ½" needle Medical Products box of 50 Vanishpoint - No Substitutes 99. 21 ga. x 1" needle Emergency $ 2.96 Low Bidder 100 per box Medical Products box of 100 100. T.B. Syringe & Needles Medical Supplies $ 7.80 box Low Bidder Depot Inc. box of 100 101. AlcoholPreps Emergency $ 1.09box LowBidder 200 pads per box Medical Products box of 200 pads 102. Sharp-Trap Emergency $ 1.01 ea. Low Bidder Bio-disposal container Medical Products Plastic single size 103. Pro Tech Containers PMX Medical $ 2.18 ea. Low Bidder Disposable 150-180 syringe Supply Capacity Distribution 104. Extrication Collar Southeastern $ 4.65 ea. Pediatric Size Emergency Stiff Neck Collar Equipment Calif. Med -No Substitutes 105. Extrication Collar Southeastern $ 4,65 ea. Baby - No Neck Size Emergency Stiff Neck Collar Equipment No Substitutes 106. Morrison Head Vice II American La France $ 3.00 ea. No Substitutes Medic Master Low Bidder PMX bid a substitute - Award to Southeastern Low Bidder PMX bid a substitute - Award to Southeastern Low Bidder GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 107. Emergency Cricothyrotomy No Award Catheters Sets - Cook 6 MM ID. specifications 108. Butterfly Catheters Emergency 23 ga. x 3A" w/12" tubing Medical Products 109. Butterfly Catheters Emergency 21 ga. x %" w/12" tubing Medical Products 110. 24 ga. Catheter IV PMX Medical 1 ¼" Supply Distributor 111. K-Y Jelly, 2.7 oz. Single American La France Use Foil packets Medic Master 112. Intraousseus Needle Emergency Medical Disposable, Cook Products Inc. No Substitutes 113. Prep Razors 100 per box 114. Touriquents 18"x 1" Non-sterile 115. Chest Compression Kits $9.14 50 unit p/box $9.14 50 unit p/box $19.40 box 50 per box $ 4.00 box 144 p/box $ 20.97 ea. Southeastem $11.90 Emergency Equip. box of 100 Emergency Medical Products Emergency Medical Products 116. Chest Seals Moore Medical Asherman Corp. 117. Pads, Defib/AED Heartstream Emergency Medical Products MDS Matrx 118. Pedi Pulseox Sensors $1.61 box 25 per box $ 39.11 ea. $ 6.95 ea. $130.00 pk. 6 per pack $150.00 box 10 per box No award due to a change in Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - MDS bid an alternate - award to Emergency Medical Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Sole Bidder GROUP//9 - MISCELLANEOUS ITEM # DESCRIPTION ITEMS TO BE AWARDED INDIVIDUALLY TOTAL UNIT VENDOR COST COMMENTS 119. Nitro Spray (Nitrolingual Spray) 0.4 mg. Metered Dose 13.8 grams net 120. Ipecac Syrup 30 ml. Bottles 121. Albuterol Sulfate 2.5 mg/3 ml 122. Ammonia Inhalants 123. 124. 125. 126. Sodium Bicarbonate Injection Syringe Infant (4.2%) 5 mg/10 ml Atropine Syringe 1 mg. 10 ml. Diphenhydramine Syringe 50 mg 1 ml Bretylitan Tosylate Syringe, 500 mg 10 ml 127. Dextrose Syringe 25 mg 50% 50 ml 128. 129. 130. Epinephrine Syringe 1:1,000 lmg lml Epinephrine Syringe 1:1,000 1 mg 10ml Epinephrine Syringe 1:1,000 multidose 30 ml vial Anina Pharmaceutical Inc. $ 22.36 ea. Low Bidder Moore Medical $10.32 box Low Bidder Corp. of 12 bottles Sunbelt Medical Emergi-Source $ 6.50 box of 25 3 ml unit doses Low Bidder Suncost Surgical $1.03 box Low Bidder Supply Inc. 10 p/box $1.79 ea. Low Bidder Sunbelt Medical Emergi-Soume Sunbelt Medical $1.69 ea. Emergi-Source Sunbelt Medical $1.40 ea. Emergi-Source No Award Sunbelt Medical Emergi-Source Sunbelt Medical Emergi-Source Sunbelt Medical Emergi-Source Low Bidder Low Bidder No longer required by Fire Department $ 4.15 ea. Low Bidder Sunbelt Medical Emergi-Source $ 1.71 ea. Low Bidder $ .89 ea. Low Bidder $1.89 ea. Low Bidder GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 131. Dopamine Syringe Anina $1.88 ea. LowBidder 400 mg. 10 ml Pharmaceutical 132. Lidocaine Syringe 2% Sunbelt Medical $1.66 ea. 100 mg. 5 ml Emergi-Source 133. Lidocaine Premixed 1 gm 250 ml D5W 134. Naloxone Syringe 2 mg 2 ml 135. Sodium Bicarbonate Syringe 8.4% 50 ml 136. Furosemide Syringe 100 mg 10 ml 137. 50% Magnesium Sulfate Injection Prefilled Syringe 5 gm 10 ml 138. Nitroglycerine Ointment USP 2% individual pkg. 139. Adenocine Prefilled Syringe 6 mg. 140. Adenocine Prefilled Syringe 12 mg. 141. Labetalol Prefilled Syringe 100 mg 142. Normal Saline or .09% 10 ml vials Sunbelt Medical Emergi-Source Sunbelt Medical Emergi-Source Sunbelt Medical Emergi-Source Advanced Medical & Pharmaceutical Advanced Medical & Pharmaceutical Anina Pharmaceutical Sunbelt Medical Emergi-Source Sunbelt Medical Emergi-Source Sunbelt Medical Emergi-Source Advance Medical & Pharmaceutical $ 4.19 ea. $ 8.98 ea. $1.92 ea. $ 2.23 ea. $2.11 ea. $ 2.76 ea. $ 27.90 ea. $ 54.00 ea. $ 4.42 ea. $ .234 ea. Medco Supply Co. bid a 20 mg. Which is not Equal - award To Sunbelt Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder GROUP #9 - MISCELLANEOUS ITEM # DESCRIPTION ITEMS TO BE AWARDED INDIVIDUALLY TOTAL UNIT VENDOR COST COMMENTS 143. 144. Atropine Multidose Vial 400 mg. 20 ml Calcium Chloride 10% Prefilled Syringe 145. Dexyrose 10% (D10W) 250 ml 146. 147. Esophageal Intubation Detector - Tube Chek Syringe Style Naloxone Syringe 2 mg 2 ml Pre Filled Syringe 148. Procainamide Syringe 1 gm 10 ml 149. Burn Sheets, Sterile 60" x 90" 150. Disposable Blankets 54" x 80" 151. 152. Stretcher Pillow Disposable 14" x 20" Polyester Fiber Fracture Bedpan Standard Size Plastic Sunbelt Medical Emergi-Source Advanced Medical & Pharmaceutical $ .89 ea. Low Bidder $1.76 ea. Low Bidder Suncoast Surgical $ 42.12 Supply Inc. case of 36 Advanced Medical & Pharmaceutical $ 211.50 case 90 / case Anina $6.50 ea. Pharameceutical Sunbelt Medical Emergi-Source Ever Ready First Aid & Meidical Supply Medix USA PMX Medical Supply Distributors $ 2.62 ea. $ 36.00 case 12 p/case $ 28.30 case 36 p/case $1.59 ea. Medix USA $ .48 ea. Low Bidder Tie bid with Southeastern, awarded to Advanced Medical - Closest to Delray Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Tie bid with PMX Medical, Award to Medix, closet to Delray GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 153. Chux Underpads for Emergency Medical $ .71 pk. Low Bidder Body Fluids Products Inc. 30 p/pack 154. Eye Shields - Protective Moore Medical $ .93 ea. LOW Bidder Disposable Clear Poly Corp. Lenses - 1 size fits all 155. Resusci Annie Faceshields Emergency Medical $ 45.97 case Low Bidder 36 per roll, 6 rolls p/case Products Inc. 156. Rubbermaid Clipboard No award for 8 1/2" x 11" paper 157. Povidone - Iodine Solution 8 oz bottle 158. Hydrogen Peroxide 3% 16 oz. Bottle 159. Sterile Water, 1,000 cc Plastic Bottle 160. Control Solution For Glucometer Elite 2.5 ml 161. Lanets For Glucometer Glucolet 2 162. O.B. Kits 163. Aspirin, Chewable 81 mg tabs 164. Penlights Disposable 6 per pack Advanced Medical & Pharmaceutical Micro Bio-Medics Inc. Emergency Medical Products Inc. American LaFrance Medic Master Medical Supply Depot Inc. School Health Corp. Moore Medical Corp. Moore Medical Corp. $1.10 ea. $ .34 ea. $ .88 ea. $ 9.60 box 2 vials p/box $10.59 box 200 p/box $ 2.15 Ea. $ .58 bottle 36 per bottle $ 4.25 pkg. pkg. 6 Rubbermaid does not supply this product Low Bidder Low Bidder Low Bidder Tie bid with Moore Medical Award to American La France Closest to Delray Low Bidder Low Bidder Low Bidder Low Bidder GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 165. 166. Bag Valve Mask - Adult Disposable - Capno-flo No Substitutes Bag Valve Mask - Child Disposable Capno-Flo No Substitutes American La France $115.50 case Medic Master 6 per case American La France $123.48 case Medic Master 6 per case 167. Bag Valve Mask - Infant American La France $ 20.58 ea. Disposable Capno-Flo Medic Master No Substitutes 168. Convenience Bags - One Size - One Way Plastic (vomit bags) American La France $ 9.14 pack Medic Master 12 per pack Low Bidder Low Bidder Low Bidder Low Bidder 169. Aerozoin 3.5 oz. Can Micro Bio-Medics $ 3.39 ea. Low Bidder Inc. 170. Cold Packs - Adult Size Medix USA $ 6.10 case Low Bidder 24 p/case 171. Red Disposable Bags Medix USA $ 8.80 case Low Bidder For Biohazard Disposal 250 per case 16 gal. Capacity 172. Disposable Glasses Advanced Medical $1.10 ea. Low Bidder Clear Polycarbonate Lenses & Pharmaceutical 173. Bite Sticks Moore Medical $1.80 bag Low Bidder 10 per bag Corp. 1 O/bag 174. Test Strips for Moore Medical $19.00 box Low Bidder Glucometer Elite #H45312 Corp. 25 p/box 175. Test Strips for Moore Medical $ 35.00 box Glucometer Elite #H4513 Corp. Awarded to Moore as all Other low Bids were not Equal to Elite GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 176. Tetracaine Pre-Filled Anina $ 22.50 box Low Bidder Eye Drop Tube Pharmaceutical 12 per box 1 ml tubes Inc. 177. Thermometer Probe Covers PMX Medical $12.15 box Low Bidder Welch Allyn Digital Supply Distributors 1000 p/box 178. Tyvek Sleeves PMX Medical $ .1627 pair Low Bidder One Size Fits All Supply Distributors 179. Morgan Lenses American La France $144.50 box Low Bidder Medic Master 12 p/box 180. Nail Polish Remover Pads Non Acetone 181. Adult Pulse Ox Sensors 182. Silver Swaddler 183. Impact Suction Filters 184. Backboard Straps Standard Size 185. 186. Disposable Sharps Collector Tray Size 1.4 qt. Biohazard Sharps Container Disposable 150-180 Syringe Capacity 187. Sharps Collector Disposable 8 qt. 188. Medix USA No Bids Received American La France Medic Master Anina Pharmaceutical Ever Ready First Aid & Medical Medco Supply Co. Anina Pharmaceutical Medix USA $1.65 box 100 pks. Per box Low Bidder $ 3.30 ea. Low Bidder $ 4.50 pack Low Bidder 5 per/pack $ 3.25 ea. Low Bidder $ 64.80 case 36 per case Low Bidder $ 2.00 ea. Low Bidder $ 27.00 case 24 per case Low Bidder Low Bidder Vacutainer Safety-Lok Anina $ 63.00 box Needle Holder Pharmaceutical 250 per box GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 189. Vacutainer Holder For Emergency Medical $ .69 pack Blood Collection Products Inc. 10 per pack 190. Vacutainer Needles Emergency Medical $ 5.91 box 20 ga. x 1" Products Inc. 100 per box 191. Vacutainer Tubes Anian $ 35.50 box 6 ml, Tiger Top Pharmaceutical 100 per box 192. Adult EKG Electrodes American La France Foamed back Medic Master Low Bidder Low Bidder Sole Bidder $ 6.80 bag Low Bidder 50 per bag 193. Pediatric EKG Electrodes American La France $ 6.80 pack Foamed back Medic Master 50 per pack 194. Antimocrobial Towlettes Emergency Medical $ .0128 ea. To clean & disinfect hands Products Inc. $1.28 box 100 100 per box 195. Single Patient Adult Size PMX Medical $12.90 each Vent Circuit Kirk 6221 Supply No Substitutes Distributors 196. Single Patient Pediatric Size American La France $15.95 each Vent Circuit Kirk 6223 Medic Master No Substitutes No Award 197. 198. Trauma Cases American La France Medic Master Gel, Defibrillator Foil Packets 20 ml per packets Low Bidder Low Bidder Low Bidder Low Bidder Specifications not - correct $13.90 box 25 packets per box 199. Gloves, Nitrile Micro Emergency Medical $ 74.50 case Flex, Supreno - Products Inc. Size Small 200. Gloves, Nitrile Micro Emergency Medical $ 74.50 case Flex, Supreno - Products Inc. Size Medium Low Bidder Low bidder Low Bidder GROUP #9 - MISCELLANEOUS ITEMS TO BE AWARDED INDIVIDUALLY ITEM TOTAL UNIT # DESCRIPTION VENDOR COST COMMENTS 201. Gloves, Nitrile Micro Flex, Supreno- Large 20lb. Gloves, Nitrile Micro Flex, Supreno- X-Large 202. Oxygen Regulator "D" Tank - Brass Emergency Medical Products Inc. Emergency Medical Products Inc. MDS Matrx $ 74.50 case $74.50 case $107.20 ea. Low Bidder Low Bidder Awarded to MDS because Of the life time Warranty which Other low bidders Could not offer. AGENDA ITEM NUMBER: AGENDAREQUEST Request to be placed on: September 07, 2000 Date: September 0f, 2000 XX Consent Agenda __ Special Agenda __ Workshop Agenda When: Description of agenda item: Approve bid award to multiple vendors for Bid #2000-28, Medical and Drug Supplies, Annual Contract, at an estimated annual cost of $96,500 for the City of Delray Beach.. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award of Bid #2000-28, Medical and Drug Supplies Annual Contract, to multiple vendors for an estimated annual cost of $96,500 for the City of Delray Beach. Funding from City of Delray Beach Fire Department operating budget for estimated annual cost of $95,000 and from Municipal Beach operating budget for estimated annual cost of $1,500. (FY 2001 Budget) ::::rr tmr~:;~i:::: :io:::::~ehe ns~? ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it~ingrex~enditure Funding available: Yes V'"' -~Nol'~ ~' /o o Funding alternatives: Account Number: Account Description: Account Balance: of funds): City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved CITY OF D~.I.RAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 7. 2000 - 6:00 P.M. COMMISSION CHAMBERS A~NDA ADD~NDI, IA~ THE CONSENT AGENDA IS AMENDED BY ADDING ITEM 8.O.10. AS FOLLOWS: 8. Consent Agenda O. Award of Bids and Contracts: 10. Bid award in the amount of $59,069.00 to Subaqueous Services, Inc. for the Tropic Isle Canal Dredging proiect, with funding from 448-5461-538-63.90 (Stormwater Utility - Other Improvements). Also attached is a revised budget summary (Exhibit "A" to Resolution No. 67-00 which is Item 10.C. on the agenda) reflecting the reduced millage rate of 7.95 mills. Addendum. September 7, 2000.Reg. Mtg. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: FROM: DAVID T. HARDEN, CITY MANAGER RANDAL KREJCAREK, P.E. CITY ENGINEER JENNIFER SPAGNOLI, ENGINEER INTERN DATE: AUGUST 30, 2000 SUBJECT: TROPIC ISLE CANAL DREDGING PROJECT PROJECT #2000-011 AGENDA REQUEST Please find enclosed the agenda request for Commission to award the TROPIC ISLE CANAL DREDGING project contract. The work generally consists of dredging sections of 13 canals in the Tropic Isle Subdivision in Delray Beach. Attached is the bid tabulation and location map for the referenced project. The lowest responsible, responsive bidder for this project was Subaqueous Services, Inc. with a bid of $59,069.00. Funding Source Account Number Amount Tropic Isles Dredging 448-5461-538-63.90 $59,069.00 If acceptable, please place this item on the September 7, 2000 commission meeting for Commission approval. Attachment CC: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2000-011 (A) file:s/engadmin/2000/2000-01 l/contractJagmemo.doc lo. GRANDE CANAL TRINIDAD CANAL ~ ~ ~ ANDROS CANAL USBON CANAL BAHAMA CANAL BIMINI CANAL P£COS CANAL ABACO CANAL CITY of DELRAY BEACH ENVIRONMENTAL SERVICE8 DEPARTMENT TroPiC ISLE CANALS TO BE DREDGED DA3E:8/30/O0 2000-011 Agenda Item No.: ~.O. Jo. AGENDA REQUEST DATE: August 30, 2000 Request to be placed on Regular Agenda Special Agenda Workshop Agenda When: September 7, 2000 Description of item (who, what, where, how much) Award of the contract to Subaqueous Services, Inc. in the amount of $59,069.00 for the Tropic Isle Canal Dredging Project, Project #2000-011. The funding for this project will be provided from the following account: Funding Source Tropic Isles Dredging Account Number Amount 448-5461-538-63.90 $59,069.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 2000-011, Tropic Isle Canal Dredging Project to Subaqueous Servic. e.~, Inc. with a bid in the amount of $59,069.00. Department Head ~/ ~,, ~'"')/~ ~/r~ Signature: ",,~)..~j,~,.~ ~/ ~.,__ _"~ ~ ~ .3l- ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving.expenditure of funds): Funding available~NO ~ '~ I'~'I~' Funding alternatives (if applicable) _ Account No. & Description 448-5461-538-63.90 ~-h'~¢~. ~t ~/Le~,~__j~r,,Y7~ ,~7~h~/ Account Balance $59,069.00 (AFTER TRANSFER) Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-01 I(A) projects/2000-01 l/contract/agenda.doc TO: THRU: FROM: SUBJECT: MANAGER MEETING OF SEPTEMBER 7, 2000 CONDITIONAL USE REQUEST TO ESTABLISH A FINANCIAL INSTITUTION IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE DISTRICT FOR DOWNTOWN DELRAY FIDELITY FEDERAL BANK TO BE LOCATED ON THE SOUTH SIDE OF SE 1~' STREET, BETWEEN SE 5~' AND NE 6'' AVENUES Fidelity Federal Bank & Trust is the contract purchaser of the Bud's Seafood and Chicken Restaurant site. The development proposal consists of the demolition of the existing restaurant and associated parking, construction of an 11,200 sq. ft. 2-story bank/office building with three drive through lanes, one ATM lane, and 45 parking spaces. Fidelity Federal Bank will occupy the first floor (4,000 sq.ft.) of the structure, while the second floor (7,200 sq.ft.), which cantilevers over the drive-thru lanes is proposed for professional office space. Financial institutions such as a bank with a drive-thru is allowed as a conditional use in the CBD zone district. Additional background and an analysis of the request ara found in the attached Planning and Zoning Board Staff Report. At its meeting of August 21, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Eliopoulous absent) to recommend approval of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the condition that a site plan be processed that is in general conformance with the sketch plan incorporating the concerns noted within the P&Z Staff Report. By motion, approve the Conditional Use request to establish a Financial Institution for the Downtown Delray Fidelity Federal Bank as described herein, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings and conditions recommended by the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of August 21, 2000 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 21, 2000 IV.C. Conditional Use Request to Allow the Establishment of a Financial Institution With Drive-Through Facility for Fidelity Federal Bank, Located on the South Side of S.E. 1st Street, Between S.E. 5th Avenue (Southbound Federal Highway) and S.E. 6th Avenue (Northbound Federal Highway) GENERAL DATA: Owner ..................................... B-4, a Florida General Partnership Agent ...................................... Kilday & Associates, Inc. Applicant ................................. Fidelity Federal Bank & Trust Location .................................. South side of S.E. 1st Street, between S.E. 5th Avenue (Southbound Federal Highway) and S.E. 6th Avenue (Northbound Federal Highway) Property Size .......................... 0.8921 Acre Future Land Use Map Designation ............................ Commercial Core Existing Zoning ....................... CBD (Central Business District) Adjacent Zoning ............ North: CBD East: CBD South: CBD West: CBD Existing Land Use .................. One-story restaurant with drive-through window (Bud's Chicken & Seafood) Proposed Land Use ................ Conditional Use Request to allow the establishment of a financial institution with drive- through facility Water Service ......................... Existing on site Sewer Service ......................... Existing on site ATLANTIC AVENUE The action before the Board is that of making a recommendation to the City Commission on a request for Conditional Use approval to establish a bank with a drive through facility for a project to be known as Downtown Delray Fidelity Federal, pursuant to LDR Section 2.4.5(E). The subject property is located on the south side of SE 1st Street, between SE 5th and NE 6th Avenues and is the current site of Bud's Seafood and Chicken Restaurant. Bud's Seafood and Chicken Restaurant received a building permit for construction of their 2,941 sq.ft, building with drive-thru window prior to the adoption of the LDRs in 1990. Formal site plan approval was not required at that time for commercial buildings containing 5,000 sq.ft, or less. A boundary plat was submitted while the site was under construction, which included a request for the abandonment of a portion of the north/south alley and replacement with an ingress/egress easement. At its meeting of July 23, 1991, the City Commission approved a final subdivision plat for Bud's Seafood and Chicken Restaurant. Fidelity Federal Bank & Trust is the contract purchaser of the Bud's site. A financial institution such as a bank with drive-thru is alloWed as a conditional use in the CBD zone district and the conditional use approval is the action now before the Board. The development proposal consists of the following: · Demolition of the existing restaurant and associated parking; Construction of an 11,200 sq. ft. 2-story bank building with three drive through lanes and one ATM lane. Fidelity Federal Bank intends to occupy the first floor (4,000 sq.ft.) of the structure and the second floor (7,200 sq.ft.) is proposed for professional office space. The second floor of the building will cantilever over the drive-through lanes; · Installation of 45 parking spaces, dumpster enclosure, and landscaping throughout the site. The applicant has submitted the following narrative, which describes the Conditional Use request: As indicated on the sketch plan submitted with this application, the applicant is proposing to construct a new two story building totaling 11,200 sq. ft., while the existing building on site will be demolished. The proposed building has been Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 2 positioned at the southeast comer of SE 5th Avenue and SE Ist Street to give the building an urban/retail appearance, which is prevalent in the downtown area. Access to the site wi//continue to be provided from both SE 5th and 6th Avenues, SE 1st Street and from the existing alley on the south side of the property. However, the actual locations of the driveways on SE 5th and 6th Avenues have been shifted slightly towards the south property line. The Bank lobby will be open for operation at 9:00 a.m. Monday through Saturday with closing hours of Monday through Thursday 4:00 p.m., Friday 6:00 p.m., and Saturday 1:00 p.m. The drive through window will be open Monday through Friday 8:00 a.m. to 6:00 p.m., Saturday 9:00 a.m. to 1:00 p.m., and the bank will be closed on Sundays. With regard to the professional offices on the second floor, Fidelity Federal anticipates the space to be occupied by business or financial related tenants and possibly an insurance company. Their hours will probably coincide with the normal 8:00 a.m. to 5:00 p.m. schedule. Fidelity Federal anticipates approximately 6-10 employees at the maximum shift to accommodate their teller needs, loan officers and branch manager. With regard to the professional offices on the second floor, while it is difficult to determine the exact number of employees that will be associated with the prospective tenants, one could assume an average of 4 employees per office. As indicated on the conceptual building floor plan, the second floor may include as many as 6' tenants. Therefore, we could assume approximately 24 employees. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District). The zoning district is consistent with the Commercial Core Future Land Use Map designation and "bank with drive-thru facilities" is listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(6)]. It is noted that the office component (second floor) is allowed as a permitted use in the CBD [LDR Section 4.4.13(B)(2)] zone district. Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water and Sewer exists on site via 8" mains that are located within the north/south alley/ingress/egress easement. No upgrades to the water and sewer mains will be required of this development proposal. Fire suppression is accommodated via an existing fire hydrant located at the southwest corner of SE 1st Street and SE 6th Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: Paving and drainage plans are not required for the Conditional Use analysis. Drainage will most likely be accommodated via an exfiitration trench system. If the Conditional Use is approved, a paving and drainage plan must be provided along with the submittal of the site plan, and positive findings with respect to this level of service standard must be made at that time. Streets and Traffic: The subject property is located in the City's TCEA (Traffic Concurrency Exemption Area), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a statement, which compares the existing restaurant use with the proposed bank/office use. It has been determined that on a daily basis and during the a.m. peak hour the trip generation for the proposed bank/office uses is less than the existing restaurant. During the p.m. peak hour, the proposed bank/office is projected to generate an additional 59 trips. Based on the above, a finding with respect to traffic concurrency can be made. Pursuant to LDR Section 2.4.3(E)(3), Transportation Demand Management (TDM): if a new development in the TCEA will add use area or will establish a new use that will result in the addition on the premises of more than 50 employees, the application shall include submittal of a program to implement employer-based TDM activities. These Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 4 activities may include, but are not limited to: ride sharing, van pooling, and flexible work hours. The proposed two-story office building will have a leasable floor area of approximately 11,200 sq.ff. The Fidelity Federal Bank will occupy the first floor (4,000 sq.ft.), and employ approximately 6-10 people. Banks typically have off-peak hours, which will help reduce traffic congestion. The second floor has not yet been leased, but may include as many as 6 tenants with a total of 24 employees. If the total number of employees increases to 50 or more, the property owner will have to work with the tenants to ensure that TDM activities are implemented. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the 11,200 sq.ft, office building is 29.12 tons of solid waste [11,200 sq.ft, x 5.2lbs =58,240 lbs./2000 = 29.12 tons]. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Future Land Use Element Objective A-I - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is currently developed with a restaurant and it's associated parking. The development proposal involves the demolition of these improvements for the construction of a new financial institution. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed office/bank development and it will be complimentary with the surrounding commercial/retail businesses. While a financial institution is not listed, as a remaining land use need, a Fidelity Federal branch at this location will provide its patrons a convenient downtown location. Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 5 Future Land Use Element Policy C-4.2 - A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. It shall identiflj the infrastructure requirements including parking, which will be needed to accommodate such an intensity of development. While the special CBD plan has not been developed, the intent of the CBD zoning district is to facilitate development of the downtown with a mix of uses with pedestrian orientation. To further that aim, banks are conditional rather than a permitted use in the district. The site has been designed to locate the building at the southeast corner of SE 5th Avenue and SE 1st Street giving the building an urban/retail appearance. The applicant wishes to work with the City and Florida Department of Transportation to install decorative pavers or stamped concrete up to the existing curb line, creating an urban plaza along the front facades of the building. Based on the above, the intent of this policy has been met. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odom, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located in the commemial core of the city surrounded by a mix of commemial uses (i.e. general retail uses, antique shop, and professional offices). The development proposal will not have an impact on adjacent neighborhoods with respect to any increase in odors or dust. The second floor of the building has been designed to cantilever over the drive-through lanes, which will help to decrease the noise associated with idling cars waiting for a teller. The project is located between the Federal Highway pairs that can accommodate large volumes of traffic. Based on the above, the development should have little or no impact on the stability of the area. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 6 The subject property is bordered on the north, south, east and west by CBD zoning. The adjacent land uses include: to the north, across SE 1st Street, a 2-story commercial building; to the west, across SE 5th Avenue, auto repair uses and general commercial uses; and to the east, Lavender Shutters (antique shop) and across SE 6th Avenue, a two -story professional office building; and to the south, are general commercial/retail uses, The existing restaurant with its drive-thru component co-existed with the adjacent uses for the past decade with no known compatibility issues. The proposed bank/office use will have less impact than a restaurant on the surrounding uses. This is based on the fact that banks usually have different peak hours than commercial and retail businesses and traffic generation rates are of similar intensity. Currently, the drive-thru lane for Bud's is located along the east side of the building and is parallel to the adjacent alley. The alley and drive through are separated by a 2' concrete median. This confusing on- site vehicular circulation pattern will be eliminated with the new development proposal. It is also noted that the site is unique in that it is surrounded on three sides by rights-of- way that provides a natural buffer around the property. Further, an existing wall/fence combination buffers the site from the adjacent property to the south. Based on the above, a finding can be made that the establishment of a financial institution at this location will not have an adverse impact on the surrounding area, and will not hinder redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" has been identified and will need to be addressed with revised plans. Parking: Pursuant to LDR Section 4.6.9(C)(4)(a), business and professional offices shall provide 3.5 parking spaces per 1,000 sq.ft, of gross floor area in buildings greater than 3,000 sq.ft. The 11,200 square foot bank/office building is required to provide 40 parking spaces. Pursuant to LDR Section 4.4.13(G)(1)(b), when parking requirements are applied to new development or a change in use, said parking requirements can be reduced by one parking space on a one time only basis. With the one time reduction, a total of 39 parking spaces would be required and 45 spaces are proposed. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c), Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back up into a public street system. Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 7 (1) (2) The minimum distance between the right-of-way and the first parking space or aisleway in a parking lot shall be 20' for parking lots containing between 21-50 spaces. Provisions must be made to provide for 100' of stacking from the first point of transaction for each lane of a drive-thru. With respect to item (1) above, four ingress/egress points are proposed, three of which meet the stacking requirement. A stacking distance of 10' is proposed from SE1st Street to the first parking space and 20' is required. By eliminating one parking space this requirement can be met. With respect to Item (2) above, 2 of the drive-thru lanes meet the 100' stacking distance. The western most lane contains an 80' stacking distance. While the applicant has requested a waiver to this requirement, the 100' stacking distance could be provided if the transaction station is moved further to the east. These waiver requests will be addressed at time of site plan approval. Landscaping: Pursuant to LDR Section 4.6.16(H)(3)(k), a 5' landscape strip is required to be placed between parking tiers and vehicular use areas. Within the easternmost parking lot a 6' wide strip has been provided between the vehicular use areas, in which a 4' wide sidewalk is proposed with a 2' landscape strip. As the sidewalk does not seem to be needed in this area, it is recommended that it be eliminated and plant material installed. It is noted that around the perimeter of the property a 10' wide utility easement exist, and it is unknown at this time if any utilities are actually located within the easement as the water and sewer mains are located within the alley. As landscaping is required to be installed within this area, conflicts could occur. It is recommended that the easement be abandoned if possible, and if replacement easements are required that they be placed elsewhere on site. This item will further be addressed with the site plan. Community Redevelopment Agency (CRA) The CRA reviewed the conditional use request at its meeting of July 27, 2000, and unanimously recommended approval of the project. Downtown Development Agency (DDA): The DDA reviewed the conditional use request at its meeting of August 16, 2000 and unanimously recommended approval of the project. Site Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 8 on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: PROD President's Council Delray Beach Chamber of Commerce Osceola Park The proposed conditional use is for the establishment of a bank with drive-thru facility. The bank is to be located on a site that already contains a restaurant use with a drive- thru component. There are no compatibility issues noted with this development proposal. A Fidelity Federal branch at this location will provide its patrons with a convenient location in the downtown area and should not hinder development or redevelopment of the area. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Continue with direction and concurrence. Recommend approval of the request for Conditional Use approval for Fidelity Federal Bank, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use approval for Fidelity Federal Bank based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Planning and Zoning Board Staff Report Conditional Use Approval - Fidelity Federal Bank Page 9 Recommend approval of the request for Conditional Use approval for Fidelity Federal Bank, to establish a bank with drive-thru based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following condition: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and that it incorporates the concerns noted herein. Attachments: )~ Location Map ~* Sketch Plan PZ/Boards:Fidelity F [FILE NUMBER: 2000-223-USE-CCA ] PETITION NAME: FIDELITY FEDERAL BANKI A. City of Delray Beach Comprehensive Plan as Existed on 9-07-00, B. City of Delray Beach Land Development Regulations as Existed on 9-07-00, C. City of Delray Beach Zoning District map as Existed on 9-07-00, D. City of Delray Beach Future Land Use Map as Existed on 9-07-00. ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE Conditional Use Application including: 1.A Application; 1.B Warranty Deed 1.C Owner's Consent and Designation of Agency; 1.D Legal Description; I.E Justification Statement; I.F TCEA Map; I.G Title Insurance Schedule A; I.H Traffic Statement by Pinder Troutman Consulting, Inc. Survey, dated May 26, 2000. Site Plan and Elevations prepared by Kilday & Associates, dated June 28, 2000. M.A.F. County tape inquiry. Letter to Lindsey Walters from Jasmin Allen regarding status of Conditional Use Request. Transmittal letter to Lindsey Walters from Janet Meeks regarding staff comments. Property Appraiser's map and names within a 500' radius of the subject property. Advisory Board Routing Slip. Public Notice, No. 2000-223-USE- CCA, mailed August 10, 2000. Page1 7-07-00 7-07-00 7-07-00 7-20-00 7-20-00 8-04-00 8-10-00 PETITION NAME: IFILE NUMBER: 2000-223-USE-CCA FIDELITY FEDERAL BANKI lO. 11. 12. Special Courtesy Notice to Neighborhood Associations, mailed August 10, 2000. Legal Notice published in the Delray News on August 11, 2000. Planning and Zoning Staff Report for the Planning and Zoning Board meeting of August 21, 2000. Audio tapes of the Planning and Zoning's Board meeting of August 21, 2000. City Commission Documentation for the meeting of September 7, 2000. Resume briefs for: · Paul Dorling, AICP, Acting Planning and Zoning Director. · Janet Meeks, Senior Planner. 8-10-00 8-11-00 8-21-00 9-07-00 9-07-00 9-07-00 S:/APPEALS/2000-223-USE-CCA FIDELITY FEDERAL BANK Page 2 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM c~/~ . REGULAR MEETING OF SEPTEMBER'I, 2000 BID REJECTION AND AWARD OF SEPARATE PURCHASE ORDERS FOR MUNICIPAL GOLF COURSE BRIDGE REPAIR PROJECT SEPTEMBER 1, 2000 This is before the City Commission for authorization to reject all of the bids received for the Municipal Golf Course Bridge Repair project. The Engineer's estimate for the project was $45,000.00. All of the bids came in well over the estimate, with the lowest of the five bids from Ray Qualmann Marine Construction in the mount of $54,526.00. Staff revisited the project and developed a revised scope of work to address the deficiencies noted on a Florida Department of Transportation (FDOT) inspection report and to incorporate remedial repairs and signage upgrades recommended by the City's engineering consultant. The reduced scope of work is oudmed in the attached memorandum from the Environmental Services Department. To accomplish the revised project, the following purchase order awards are recommended: Purchase order in the amount of $6,918.70 to Horida Guardrail, Inc., via Palm Beach County contract, for the removal of the existing handrail and installation of a guardrail and flared ends per the engineering plans that were bid. · Purchase order in the amount of $6,400.00 to Murray Logan Construction, via City of West Palm Beach contract, for the remedial concrete repairs to the bridge deck and piling per the engineering plans that were bid. · In-house fabrication and installation of warning signs by the City's Traffic Division at an estimated cost of $1,000.00. The total revised cost for the project is $14,318.70. Funding will be from 445-4761-572-63.90 (Municipal Golf Course - Other Improvements). The staff recommendation is to reject the bids received for the project, approve the reduced scope of work and the award of separate purchase orders as outlined above in order to accomplish the bridge repair project as revised. RefiAgmemol 4.Reject Bid & Award Separate P.O.'s for Golf Course Bridge Repair Project Agenda Item No. ~ AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: 31 Aug 2000 VVhen: 7 Sept 2000 Description of item (who, what, where, how much): The attached agenda item is for Commission authorization to reject all the bids received on July 20, 2000 for the Municipal Golf Coume Bridge Repair (PN 00-12), All of the bids were over the Engineer's estimate of $45,000.00. Per the attached bid tab the lowest of five bids received was from Ray Qualmann Marine Construction in the amount of $54,526.00. In lieu of this and in order to comply with the DOT for corrective actions we are requesting Commission approval for awarding separate Purchase Orders for a reduced scope of work as follows:cope of work be constructed. The alternate award recommendations are as follows: 1) Commission award cfa Purchase Order to Florida Guardrail, Inc. for the removal of the existing handrail and the installation of the guardrail and flared ends per the Hansen Engineer plans that were bid. Unit prices are piggybacked from PB County Contract ff99051 (Annual Guardrail Contract) $6,918,70 2) Commission award of a Purchase Order to Murray Logan Construction, Inc. for the remedial concrete repairs to the bridge deck and piling per the Hansen Engineer Plans that were bid. Prices are piggybacked from City of WPB annual contract for emergency utility repairs (per attached). $6,400.00 3) Fabrication and installation of warning signs (5 ea) by CDB Traffic Division. Installation to be in accordance with Hansen Engineer plans that were bid. estimated cost $1,000.00 4) Delete the regrading and installation of sand-cement rip-rap per the Hansen plans. The existing slopes show no sign cf erosion and were not noted in the DOT inspection report. There is an existing rip-rap toe wall bulkhead at the base; and the slope is heavily vegetated. There is no evident sign of eresion "spoiling' in the canal. $ 0.00 Total Revised Scope Price $14,318.70 Funding is available from 445-4761-572-63.90 (Municipal Golf Course Other Improvements). ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT A']-FACHED YES/NO Recommendation: Staff recomme Approval ~ Department head signature: '~~ _'~ ~ ~b-~l- C-~. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (re, g.~d on all items involving expenditure of funds): Funding available: E(~...~NO . Funding alternatives Account No. & Description Sea.aJ3~;z~ Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .(if applicable) 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 ///,/~ Howard Wight, Dep Dir of Const~uf~'ion 31 August, 2000 Municipal Golf Course Bridge Repair (DOT Bridge #933508) Bid Rejection/Award of Separate Purchase Orders City Project #00-12 Bids for the above referenced bridge rehabilitation were received on July 20, 2000. The bridge crosses the El Rio Canal and is used by golf course maintenance personnel. The project bid scope in pad was developed from deficiencies noted on a FI Dept of Transportation (DOT) inspection report dated 4/7/98. Specifically, the ones noted were remedial structural bridge repairs and upgrading of the weight restriction signs. The City is responsible for maintenance of this structure. The scope of work as bid also includes removal of an existing aluminum handrail/guardrail replacement (recommended by our consultant, Hansen Engineers) as a safety precaution; and sand-cement rip-rep erosion slope protection at each end of the bridge. All of the bids received on July 20, 2000 were over the Engineer's estimate of $45,000.00. Per the attached bid tab the lowest of five bids received was from Ray Qualmann Marine Construction in the amount of $54,528.00. Staff has reviewed the scope and the bids and is recommending rejection of all the bids received because they are over budget. In lieu of this and in order to comply with the DOT for corrective actions we are recommending that a reduced scope of work be constructed. The alternate award recommendations are as follows: 1) Commission award of a Purchase Order to Florida Guardrail, Inc. for the removal of the existing handrail and the installation of the guardrail and flared ends per the Hansen Engineer plans that were bid. Unit prices are piggybacked from PB County Contract #99051 (Annual Guardrail Contract) $6,918.70 2) Commission award of a Purchase Order to Murray Logan Construction, Inc. for the remedial concrete repairs to the bridge deck and piling per the Hansen Engineer Plans that were bid. Prices are piggybacked from City of WPB annual contract for emergency utility repairs (per attached). $6,400.00 3) Fabrication and installation of warning signs (5 ea) by CDB Traffic Division. Installation to be In accordance with Hansen Engineer plans that were bid. estimated cost $1,000.00 4) Delete the regrading and installation of sand-cement rip-rap per the Hansen plans. The existing slopes show no sign of erosion and were not noted in the DOT inspection report. There is an existing rip-rap toe wall bulkhead at the base of each slope; and each slope Is heavily vegetated. There is no evident sign of erosion "spoiling" in the canal. $ 0.00 Total Revised Scope Price $14,318.70 Funding is available from 445-4761-572-63.90 (Municipal Golf Course Other Improvements). CC: Randal Krejcarek Bob Barcinski File 2000-012A ~OJECT LOCATION L©OAT~©N MAF~ DF DRAWINQS: Kisinger Campo and Associates, Corp. Bridge Inspection Report Inspection Date 4/7/98 Do RECOMMENDED CORRECTIVE ACTION Traffic Restrictions: The Florida Department of Transportation has directed Kisinger Campo and Associates to express the Department's policies to post weight restrictions based on the ratings contained in the most recent load analysis. The local government may elect to post a structure at or below, but not above the controlling Operating Ratings. Based on the current load analysis, the structure should be posted for the SU type vehicles. The structure is currently posted for a 31 ton load limit. ELEMenT suq - :~1 7-o~ ~,7c NOTE: The recommendations noted below are only for those elements included in this report. For recommendations on other elements, see the previous report dated 4/8/97. Gl.0/ Deck CSurfac~ng) NO corrective action is required. Repair the delaminated area in the bottom face of Slab Unit 2-5. Upgrade the weight restriction signs in accordance with FDOT Standard Index 17302 and 17357 guidelines. Replace the east weight restriction si~n. PAGE 7 OF 7 ~o~ ~° 0 m o o o o o ~ 0 <o Florida Guardrail, Inc 8201 Fa/con Crane Way, Suite A West Palm Beach, FL 33411 (561) 753-2224 Fax: (561) 753-2229 Date: 8~1/00 Project: Golf Course Bridge Description: Br. No. 935508 Fin. ProJ. No.: 2000-0/*2 Item N / D cd tion -53~-1-1 PBC fi 31 Guerdra# (Roaclway) 205, O0 PBC #19 Half Buffered End Section 536-73 Aluminum Handrail Removal 200. O0 Special Pos~ on base place 536-1, I PBC # 24 Gua~rail, Panel only 536-2 PBC # 34 Guardrail (Shop Bent) **FDOT MINORITY CERTIFIED WBE** Prices Are Good For 60 Days*** County: Palm Beach Bid Date: 8/21/00 C. al Day~: ~., Unit Total C~ty P~ce_ Amount 137.50 /f 11.00 1,512.50 4.00 ea 25,00 100.00 130.00 If 4~37 568. 10 22.00 ee f5~.55 3,488,10 12500 If 8.50 1,062.50 12.50 If 15.00 187.50 Total Bid: Comments; The Following To Be Preformed By Others: Maintenance Of TraErc, Miscellaneous Asphalt Patch Work Around POSts, All Concrete Work And Drilling Associated With Bridge Attachments, Excavation, BacI~TII, aheping, Grading And Dewa~ering for Sand Cement Riprep or Any End Anchorage Assembly. Notes: No Matertal Ordered or Work Scheduled ViEth Out ~lg~ed Quotel Reduction in Quantities by 25% or More May Result in a I~rice Change. '" No existing prioe$ on Palm Beach Counb/ Guardmil contract for the Special made posts on base plates or removal of alumitlum handrail. App~vad By: Company.* City of De/ray Beech Acceptance' Signeture: 1968 MURRAY £OGAN COAfSTRUCTION, fiNc ~l Co~s 313 65TH TRAIL NORT~ WEST PALM BEACH, FLORIDA 33~13 TEL~PHON~ (561) 686.3948 FAX (561) 686-~465 August 23, 2000 City of Delrey Beach 434 South Swinton Avenue Delray Beach, FL 33444 A;.L,.: Hr. Howard Wight Re; Delray Beach Bridge #: 935508 - Concrete Pile Patching. Dear Mr, Wight; Per your recent proposal request Murray Logan ConstructiOn, Inc. submits the following for your review. Patch piles as plan indicates for the lump sum =)st of $6,400.00 Zn closing, if ! can be of. further assistenca to you please do not hesitate to call me. Yours truly~ Project Manager SPALLS & DELAMINATIONS TO BE REPAIRED AT PILE CAP AND PILING PER SECTIONS B & C, (6/S-1 & 7/S-1) AND ]'HE FOLLOWING LIST FROM KCA BRID(;E INSPECTION REPORTS OF ~995-1996-1997 WITH, PER NO1-E #9. OTHER SPALLS AND DELAMINAT1ONS HAVE OCCURED SINCE 1997 AND OBSERVED AT THE PILE CAPS, THESE AREAS ARE TO BE REPAIRED PER NOTE #9 ALSO. GENERAL CONTACTOR SHOULD VISIT SITE TO DETERMINE EXTENT OF THiS REPAIR. LIST:_ (;.3.O1 PILING PILE FACE DEFICIENCY 1-5 NORTH .Sm X 150mm X 70mm SPALL 1-5 SOUTH .Sn", X 150mm X 50mm SPALL 2-1 SOUTH .3m X 15Gram X 30mm SPALL & DELAMINATION 2-2 SOUTH .Sm X 150mm X 30mm SPALL & DELAMINATION 2-3 SOUTH .3m X 130mm X 50mm SPALL cA DELAMINATION 3-3 SOUTH 200mr-n X 200mm DELAMINATION 4-2 SOUTH 150mm X 80mm DELAMINATION 4-3 NORTH 15Omm X 80mm OELAMINATtON DELAMINATION AREAS ARE TO BE REMOVED AND REPAIRED AS SPALLS. PATCH SPALLED AREAS NOTED IN LIST ABOVE WITH PATCHING NON-SAG MORTAR - SIKA TOP 126 PLUS AREAS NOTED ON SHEET S-1 AND APPLY SIKA ARMATEC 1'~O AS BONDING AGENT PRIOR TO APPLYING PATCHING MORTAR. PREPARATION SHALL BE BY SAW CU1-FING AT EDGE OF SPALLS TO 1/8" DEEP. [ITY DF DELRI:IY BEI:I[H CiTY ATTORNEY'S OFFICE D~LRAY 8FACH ~ll,&medca C~ 1993 DATE: August 30, 2000 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment No. 1 to Tennis Center Management Agreement This Amendment No. 1 to the Tennis Center Management Agreement sets forth contractual requirements for the management of the Delray Tennis and Swim Club property (referred to in the agreement as the Additional Site). The terms and conditions contained in the agreement for the Tennis Center property (referred to as the Original Site) also apply unless expressly modified by this Amendment No. 1. Amendment No. 1 provides: 1) 2) 3) That the term of the Amendment No. 1 shall be from September 1, 2000 until September 30, 2004. The base payment shall be $1,667.00 per month. The performance bonus shall not commence until December 1, 2001 and is contingent on accomplishing yearly goals and objectives agreed to by Mr. Dubin and the City Manager and approved by the City Commission. The bonus shall not exceed 15% of the base fee per year based on the aggregate of the base fee for the Original and Additional Site. Please place this Amendment No. 1 on the September 7, 2000 City Commission agenda. SAR:s~~ Attachment CCi Robert A. Barcinski, Assistant City Manager Alison MacGregor Harty, City Clerk Becky O'Connor, Treasurer Brahm Dubin, Dubin & Associates AMENDMENT NO. 1 TO THE TENNIS CENTER MANAGEMENT AGREEMENT THIS AMENDMENT NO. 1 to the Tennis Center Management Agreement is made this day of , 2000, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and DUBIN & ASSOCIATES, INC., ("Dubin"). WITNESSETH: WHEREAS, the City and Dubin currently have an Agreement for Management Services at the Delray Beach Municipal Tennis Center located near City Hall (the Original Agreement) dated September 29, 1999 (this site shall be referred to herein as "the Original Site"); and, WHEREAS, the City has purchased additional property and has undertaken the . management responsibilities of the additional property and has undertaken the management of adjacent property as more particularly described in composite exhibits A hereto (hereinafter referred to as "the Additional Site"); and, WHEREAS, the City desires to amend the Original Agreement as set forth in this Amendment No. 1 to provide for additional management services for the property referred to herein and above as the Additional Site and as set forth in Exhibit A hereto. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals The parties hereby represent that the above recitals are in addition to the recitals in the Original Agreement, and further represent that the recitals set forth herein in Amendment No. 1, are accurate and correct and are hereby incorporated as if fully set forth herein. 2. Services. In addition to the services set forth in Exhibit A to the Original Agreement as they pertain to the Original Site, Dubin shall also perform the additional services set forth in Exhibit B to this Amendment No. 1 at the Additional Site. 3. Term of ~. The term of this Amendment No. 1 to the Original Agreement shall remain the same as set forth in the Original Agreement as it pertains to the management services for the Original Site, except that the provision of management services at the Additional Site shall commence September 1, 2000 and continue until September 30, 2004, unless earlier terminated as provided in the Original Agreement. 4. Base Payment. In addition to the payments provided in the original agreement for the management of the Original Site, the City shall pay Dubln $1,667 per month payable on the first of each month, with the per month payment to be made on a pro rata basis for services provided for less than an entire month, for management services provided at the Additional Site. 5. Performance Bonus. In addition to the base payment provided for in the Original Agreement and this Amendment No. 1, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year, except that the bonus payment that may be due under this Amendment No. 1 on the base payment described in Paragraph 4 of this Amendment No. 1 shall not commence until December I, 2001 and shall be payable on or before December 1 st of each year of this Agreement thereafter. The performance bonus payment shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shall be established on a yearly basis by October 1 st of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee provided for managing the Original Site and Additional Site. 6. Applicability of Provisions of the Original A~reement to the Management of the Additional Site. Except as may be expressly modified and/or as otherwise set forth herein all terms and conditions of the Original Agreement remain in full force and effect and are hereby incorporated as if fully set forth in this Amendment No. 1 to the Original Agreement and apply to the Additional Site as well as the Original Site. 7. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being when the last party executes this Amendment. IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be duly executed this day of ATTEST: City Clerk Approved as to form: ,2000. CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor City Attorney WITNE S S E S: DUBIN AND ASSOCIATES, INC., a Florida corporation By: Name Printed Title: Date Signed: (Name printed or typed) 3 (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this title of officer acknowledging), a of the corporation. day of ,2000 by_ (name of officer or agent, or agent) of (name of corporation (state or place of incorporation) corporation, on behalf He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida 4 L.~ ~, EN~5 RECRE?..TPf)~N'AL PROPERTy PARKING AREA GA~ DESC~PTION: compos~to PORTION OF P~CEL "A", LA~R'S DELRA~ ~CQ~T CLUB ADDrT~ON, ACCORD~G TO T~ PLAT T~REOF, AS ~CORDED ~ PLAT BOOK 42, AT PAGES 112 AND I I~, OF T~ P~LtC RECORD OF PALM BEACH CO~TY, FLO~DA, )~ PART[C~/~y DESCRIBED AS FOLLOWS: JNE~NCE AT SOUTHEAST CO~ER OF T~CT I, L~ ~&y, ACCO~G TO T~ PLAT T~OF, AS ~CO~ED ~T BOOK 29 AT PAGE 61, OF T~ P~LfC ~CO~s OF P~M BEACH COUNTy, FLORA, SAID PO~T BErG ON ST L~ OF SAID T~CT I A~ BErG T~ PO~T OF TANGENCY OF A CU~ ~ T~ SO~AST CO~R OF S~D ACT I; T~NCE N02~49'35-W TANGENT TO SAID C~ ~ONG T~ EAST BO~ARY OF SAID T~CT I, FO[ ;TANCE OF 488.69 FEET TO A PO~T ON T~ SOUTH L~ OF P~CEL "A'', LA~R'S DEL~y ~&CQ~T CL~ 'D[TION ACCO~G TO T~ PLAT T~OF, AS ~CO~ED ~ PLAT BOOK 42, AT PAGES I~2 A~ 113 OF $L[C ~CO~ OF P~M BEACH CO~TY, FLO~DA; T~NCE S 90000'00'' E ~ONG SAID SO~H L~ OF P~CEL ~ A DISTANCE OF 60.07 FEET; T~NCE N02o49,35,,W ~ONG A L~ P~LEL ~TR &~ 60.00 FEET EAST OF AS · AS~D AT RIG~ ANGLES TO T~ ~ST L~ OF SAID P~CEL ~'A" SAID L~ ~SO BErG T~ EAST ~G~ OF ~Y L~ OF T~ ~&~ON~D &~/OR VACATED 60.00 RO~ ~G~ OF WAY OF J~GER D~ ACCO~G TO 7[C[~ ~CO~S BOOK 3077 AT PAGE 1597 OF i'~E PUBLIC ~CO~ OF P&M BEACH CO~TY, FLORA FOR A ;T&NCE OF 20.02 FEET TO T~ PO~ OF BEG~5,'~G; T~NCE CONT~ N0*o .... - 49 ~5 W ~ONG T~ ~O~S~D ;C~BED L~ FOR A DISTanCE OF 84.51 FEET; T~NCE S87* I0'25"W FOR 18.00 FEET; T~NCE N02*49,35,,W FOR 32 ~T; T~NCE N87*i0,25,,E FOR 20.00 FEET; T~NCE Sg0o00,00,,E FOR 27.05 FEET; T~NCE N00~00'00,,E FOR 1&57 ~ET; ~NCE S90o00'00,,E FOR 104.10 FEET; T~NCE N00~00,00,,E FOR 54.80 FEET; T~NCE S90~00,00,,E~OR 85.94 FEET ~NCE N00o00'00,,E FOR 53.59 FEET; T~NCE N00oi4,49-E FOR 30.57 FEET; T~NCE S90o00'00,,E FOR 16.35 FEET: ~NCE S00o00'00,,W FOR 268.99 FEET; T~NCE Ng0*00,00,,W ~ONG A L~ P~LEL ~TH AN 20.00 FEET &S~D AT ~G~ &~GLEs TO T~ SO~H L~ OF SAID P~CEL "A" FOR A DfST&~CE OF 229.83 FEET TO ~ OF BEG~G. ~G 0.860 AC~ MO~ OR LESS. ~ LA~S SITUATE ~T~ T~ CITY OF DEL~y BEAC~ P~M BEACH CO~y, FLORA. rlRCAI~: ~BY C~RT[Fy T~T T~3 5~CR ~ LEG.~ D~C~[ON IS ~N~{ TEC~{C~ STriDeS FOR TR~ ~ CO--CT TO T~ BEST OF ~ERS ~ C~ER 61G17~, OF L~ S~G ~ THE STATE OF FLO~D& ~ SET FORT~ =EG~ DESC~IGHq T~ FLO~DA ~N~ST~T~ CODE, P~SU~T TO SE~[ON 472.027 FLO~DA STATUES, FILE: C:tC~C~14984~p~G.p~ :S: TRIS SKETC~f AND LEGAL DESCRIPTION DOES NOT R~PR~SENT A FIELD BOUNqDARy SURVEy ("TFIIS iS NOT A SURVEY"). Bff-AI~NGS SHOV,,'N HEREON REFER TO T~ EAST F..AVING AN A~SUM~D B~G OF S02°49'35~E. OF Tb~ PLAT OF LAVER'S DEL/L-Ky RACQUET CLUB ADDtTION, Pa a-2, PC, l I*.2 & 1 I2 iT I OF 2 SHEETS -~- FfLE NO. 00-14984-SS4 ffeller-Weaver and Cato, Inc. Engineers ... Surveyors Pakn Beach Court .ty 3 lO Southe~t First Street, Suite Four De[ray Beach, Florida 33483 (56l) 243-8700 Local (56l) 243-8777 Fox (561) 732-2588 Palm Beach I I 27.05 (P.8. ~-2. .,. "~ PG. 1 12-113) ~ POINT i~ S~'GINNING OF' TRACT I. '~.a. ~, ~¢. TRACT i, - 60' NOT h"JC LU C, ED PARKING AR~.A (CONTAINING O.SGO ACRES MORE OR LESS) LOT "D" ' '"' '-" ' ~,L,LA:..= COMMENCEMENT; TRACT I. I.A~E RAY (P.8. 29. PG..~I) SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET AD01TION (PLAT BOOK 4-2, PAGES 112 AND 1 1..9) CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA LAVER'S RECREATIONAL PROPERTy TENNIS CO URT AREA ,EGAL DESCRIPTION: PORT{ON OF PARCEL "A", LAVER's DELRAy R~CQUET CLUB ADDITION, ACCOtLDIWG TO TR~E PLAT THEREOF, rECORDED iN' PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLOt 4OR~ PART{CULARLy DESCR/BED AS FOLLOws: :OM~IENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAy', ACCORDIWG TO TH~E PLAT THEREOF, AS R~CORDEI PLAT BOOK 29 AT PAGE 61, OF TRE PUBLIC RECORDs OF PALM BEACH COUNTY, FLORIDA, SAiD POINT )N THE EAST L.rNE OF SAID TRACT 1 AND BEING T,~E POINT OF TANGENCY OF A CURVE [N THE :OI~NER OF SPd'D TRACT I; THENCE N02o49,35,,W TANGENT TO SA/D CURVE ALONG THE EAST BOUNDARy OF RACT I, FOR. A DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LiNE OF PARCEL "A", LAVER'S DELRAy ACQUET CLUB ADD{T{ON ACCORDh'NG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 ND 113 OF THE PUBLIC RECORD OF PALM BEACH COUNTy, FLORIDA; THENCE S 90°00'00'' E ALONG SA~'D fN'E OF PARCEL "A" FOR A DISTANCE OF 288.91 FEET; THENCE N00o00,00,,E FOR 29.00 FEET TO THE POINT EGINNTNG; TR~ENCE CONTINUE N00o00,00,,E FOR 259.99 FEET; THENCE sg0o00,00,,E FOR 301.00 FEET; TRENCE SOO° Y00"W FOR 259.99 FEET; THENCE N90o00,00,,W ,%.ONG A LINE PARALLEL WITH AND 29.00 FEET NORTH AS ~EASUR.ED AT RIGHT ANGLES TO THE SOUTH LI~fE OF SAID P,M~.CEL "A" FOR A DISTANCE OF 301.00 FEET TO THE )IWT OF BEGINNING. ONTAa'NING 1.800 ACRES MORE OR LESS _ ~ID LAaNDS.SITUATE WITHTN THE CITY OF DELRAy BEACH, ~ALM BEACH COUNTY, FLOPdDA. ERTIFICATE; ?~REB¥ CERTIFY THAT TH~S SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY qOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECRNICAL STA2XrDARDS FOR LA,ND SURVEYING IN THE 7ATE OF FLOR.DA, AS SET FORTH BY THE FLOR.fDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, : TFIE FLORIDA ADMTNISTRATI'VE CODE, PURSUANT TO SECTION 472.097 FLOR/DA STATUTEs, AS )R LEGAL DESCR~TIONS. - DATE FE AUV 17, 2000 ~TES: FILE: C :\CAICE\ 14984\TEN'N~S.PUB TI-tiS SKETCH A.N'D LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARy SURVEy ("TPffS IS NOT A SURVEY"). BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAy RACQUET CLUB ADDITION, PB 42, PG 112 & 113, ['f. AVING AN ASSU'N~D BEARING OF S02o49'35,,E. -]ET 1 OF2 SHEETS FILE NO. 00-14984-SS6 eller-Weaver and Cato, Inc. Engineers ,.. Surveyors PaLm Beach County 310 Southeast First Street, Suite Four Deb-ay Beach, Florida 33483 (561) 24.3-8700 Local (5~1) 24-3-8777 F~2c (561) 732-2588 Palm Beact~ BE~INNINO .~ 288.91' POINT O~ S gO'O0'O0' E 3Or.OD' TENNIS COURT AREA (:CONTAiNiNG1.800 ACRES MORE OR LESS) (P.B.4.2, PG. 112--11,~) 501.00' LOT u WENTON V~L!._AGE · .,,: .3,3" P.i~. PLAT BOOK O.R.S. OF'F'ICIAL RECORDS BOOK PG. PAGE(S) P.S.C. PAL~4 BEACH COU~ R ~D~US ~ O~LTA A ARC Old, CE PARCEL 'A'. LAVE. R'S DELRAy RACQUET A00~T~ON SKETCH TO ACCOMPANY LEGAL Dr-'$CRIPTJON A PORTION OF* PARCEL 'A'. LAVER'$ O~L~AY RACQUET ADDITION (PLAT BOOK 4.2. PAGES 112 AND 11..3) CiTY OF' DELP. AY BE. ACH PALM B~CH COUNTC FLORIOA LA'v'ER'S R-ECIR..EA. TiO~-A/., PROPERTy DEED 'I'R,~N'SI;"ER PROPE.R'i-y LEGAL O ESCR/]~/'ION: A PORTION OF T'R~CT I. LAK~ RAy, ACCOtADllqG TO/-Fi'E PLAT ~OF, AS ~CO~ED ~ PL,~T BOOK 29, PAGE 6[, OF ~-~ P~LIG ~CO~s OF PAlM BEACI.I CO~y, ~O~A, ~D A POK~ON OF LA~R'S DE~y ~CQ~T ~ ~D[T[ON, ACCO~G TO ~-~ PLAT T~OF. AS KECO~ED ~ PLAT BOO~ 42 AT PAGES 112 ~ [ i3, OF T~ P~rJC ~CO~s OF P~[ BEACH CO~, ~O~ N[O~ PAR~Cb'L~y DESC~ED AS FOLLOWs: COM~N~ AT SOUT~T CO~R OF ~CT I. L,~ ~y, ACCO~G TO ~ P~T T~OF. ~ P~T BOOK 29 AT PAGE 6 [, OF ~ PUBLIC ~CO~S OF P~Nf BEACH CO~I~, FLO~ S~ POINT BE~'G ON ~ EAST L~ OF S~ ~CT [ .~ BErG ~ POINT OF T~G~C~ OF A C~ ~ ~ SO~AST CO~R OF S~ ~CT I ', T~NCE N02o49'35,,W T,~G ENT TO S~ CL~ ALON'O T~ E~T L~ OF DISTanCE OF 26105 ~ET TO ~ PO~ OF BEG~G: T~NCE S87~I0,~,,W FOR 104.48 FEET; ~CE NIB~ 59'2~"W FOR 22.30 FEET~ T~NCE S70~G0'3~ FO~ 153.50 FEET; ~ N19~59,2~,.~ FOR 5.00 ~ET; ~CE S70: ~0'36'~ FOR 1 ~6.20 ~ET: ~NCE Nt 9~9'24"~ FOR I3.79 F~T: ~'~ S~0-2g-00,,~, FOR 2 I. 59'2~"~ FOR ~02.~7 ~ET; T~NCE ST0°00'3~,~FOR 15.22 ~EI'~ ~N~ ~4~49,09,,~ FOR 139.54 ~ET: ~CE N34~ 16' 13'~ FOR [06. l 8 F~T: ~ ~4~5'5 ~"E FOR I S2.00 ~ET; ~CE ~';g*a2'36"E FOR g7~78 ~ET; ~NCE N82~ 31'i g"E FOR 34.49 5~T: T~NCE NO2O49'35-,W FOR ~00.03 t~ET; ~CE S~O°00'~,~ FOR ~3.83 ~ET; T~NCE NO2~ 49'35"W FOR I02.35 F~T: ~CE N87:[0'25'~ FCk ta3.5~ ~ET: ~N~ NO2Oag'35,,W FOR [2.06 ~ET TO OF BEG~G; ~-~ CO~ N02~¢9,35,.W FOR 75.7I F~T TO A PO~ ON ~ SO~ OF EGRET C~CLE AS S~O~ ON ~ P~T OF LA~R'S NOK~ ACCO~G TO ~ PLAT ~OF, AS KECO~ED ~ PLAT BOOK 43 PAGES 92 ~OUG~ 94 OF T~ P~LtC ~CO~S OF PALM 5~ PO~ BErG ON A NON-T~NGE~ C~: S~ PO~ BE~G N04~50'02-~ BEAC~ CO~, ~OM ~ ~S POINT OF T~ ~XT DESC~ED C~; ~CE E~KLy ALONG A C1RCUL~ C~ TO ~ ~G~ ~ CONCA~ TO ~ SO~, ~A~G A ~S OF 200.00 b~E'F ~D ~ CE~ ~NGLE OF I~59'55" FOR &~ ARC D~T~CE OF 62.g3 FEET TO A PO~T OF ~E ~V~; ~ EAS~KLy ~ONG ~ C~C~ ~ TO ~ LE~ AND CONCA~ TO T~ NOKT~ ~V~G A ~IUS OF 200.00 F~T ~ A ~ ~GLE OF 04~43'53,' FOR ~ ~C DIST~CE OF 16.52 ~ET TO A PO~ OF NON T~G~'~; ~NCE L~ OF EG~T C'~C~ ~ K~ S0g*30'00-W FOR 35.30 DEP~'rING FKO~ S~ SO~H ~GI-~ OF WAY 59'50'~ FOR f~ET; ~NCE 5gO~OO,OO,,W FOR 23.37 13.g2 t ~T: ~NCE Sg7: [0'25"W FOR 46 71 ~ET TO ~ , PO~ Ob' BEGINNING. SA~ LA~S S~A~ ~ ~ ~ OF DEL~y BEA~ P~M BEACH CO~. ~O~A. CO~A~G 0.100 ACRE MO~ OK L~SS ~ ~,' :T ~:~ ~ ,~ ~ ~ ~ ~ - ~'~ -~N~ S~TA, ~C ~ ~ FLORIDA STATE L.B. NO. 34;49 BY: J'ON~N· D. WEAVELK PROFESSIONAL SURV~.YOp. A~N'D IvIAPpEK FLORIDA. STATE KEG. NO. 3550 NOTES: 2.) SFEEET [ OF2 T~$ SKETCIq A~N1D LEGAL DESCRL=TioN DOES NOT KE~REc~,t'v BE~'GS S~OWN ~KEO~ ~ TO ~ EAST L~E OF ~ PLAT Of LA~R'S DE~y ~CQ~T CL~ ~DITION, PB 42. PGi 12 & 113. HAVING A~ ASS~D BErG OF S02%9'35"E. l:'fLE~rO. 00-I4984.001-SS! LAVER'$ RECREATIONAL PROPERTY CLUB AREA LEGAL DESCRIPTION: A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AaXfD A PORTION Of LAVER's DELRA¥ RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORiDA, MORE PARTICULARLy DESCRIBED AS FOLLOWS: CONUvLENCE AT SOUTHEAST COPdNrER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN' THE SOUTHEAST CORNEl OF SASD TRACT I; THENCE N02°49'35-W TANGENT TO SAJD CURVE A. LONG THE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 26.5.05 FEET TO THE POINT OF BEGINNING; THENCE S87o10'25,,W FOR 104.48 FEET; THENCE Ni9o 59'24'W FOR 22.30 FEET; THENCE S70°00'36-W FOR 153.50 FEET; THENCE NIg°59'24,'W FOR 5.00 FEET; THENCE S70o 00'36'W FOR 166.20 FEET; THENCE N o ,9 ,, 19 59 _4 W FOR Io.79 FEET; THENCE 580o28,00,,W FOR 21.16 FEET; TI-[ENCE Ni9o 59'24-W FOR 102.87 FEET; THENCE S70°00'36,,W FO? 15.22 FEET; THENCE N14°49'09-W FOR 139.54 FEET; THENCE N34o 16'IB"E FOR 106.18 FEET; THENCE N74o25'51,,E FOR i '~2.00 FEET; THENCE N IBO42'36,,E FOR 87.78 FEET; THENCE N82o 31'18"E FOR 34.49 FEET; THENCE N02°49'35,,W FOR 200.03 FEET; THENCE S90o00'00,,E FOR 13.83 FEET; THENCE N02o 49'35"W FOR 102.35 FEET; THENCE N87°10'25',E FOR 143.54 FEET; THENCE N02°49'35,,W FOR 87.77 FEET TO A POINT. way OF EORET CIRCLE AS THE PLAT OF L^VE 'S NO . u lrm ~L^I It-tJ:KI:(O~, AS RECORDED IN r~t ~r~;- ~ ~- ..... RTE[ ACCOROING BEACH COUNTY =~r~ ............. P ........... rex~v.~ ~Z/H~OUGH 94 OF THE PUBLIC KE~O , r~r~/~; ~,%IL/ FUINF BEING ON A NON-TA3~GENT CURVE- e~ ........ ', FRO~,i THE RADrUS POINT OF THE ~EXT DESC~BED CURVE; THENCE EASTE~¥ A~ONG A CIRCm _T_~_ rUGHT AND CONCAVE TO THE SOUTH, HAVr~G a RAOIU Or ~. -- === ........ A~ CUrVE TO POR AN ARC D[STANCE OF 6v 83 FEET TO A POINT mr r~d;S~2~J~',2,'''' ~=a~ ,~'~u A ULNTRAL ANGLE OF 17°59'55" NC~_AVE TO THE NORTH, FIAVING A RADIUS OF 200.00 FEET ,4aND A CENTRAL ' ~'t~L/M ~AID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN' S08°30'00"W FOR 35.30 00'00"W FOR 23.37 FEET; THENCE S09°59'$0"E FOR 35.80 FEET; THENCE S02°49'35',E ALONG A LINE PARALLEL WITH AND 2.00 FEET WEST OF AS M]EASURED AT RiGHT A~NGLES TO THE EAST LINE OF SAID TRACT 1 FOR A DISTANCE OF 348.76 FEET; THENCE N87oi0'25',E 62.00 FEET; THENCE S02°49'35',E ALONG THE EAST RIGHT OF WAY LiNE OF THE ABANDONED AND/OR VACATED 60.00 FOOT ROAD RIGHT OF WAY OF JAEGER DKFVE ACCORDfN'G TO OFFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTy, FLORIDA FOR A DISTANCE OF I04.$3 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N90°00'00',W ALONG THE SOUTH LiNE OF SA_rD PARCEL "A" FOR 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT i; THENCE S02°49'35"E ALONG THE EAST LINE OF SAID TRACT I FOR A DISTAaNCE OF 223.64 FEET TO THE POINT OF BEGINNING. SAID LAaNDS SITUATE WITHIN THE CITY OF DELKAY BEACH· PALM BEACH COUNTY, FLORIDA. CONTA.rN1NG 5.601 ACRES MORE OR LESS SHEET I OF 3 SHEETS FILE NO. 00-14984-SS1 Heller-Weaver and Cato, Inc. Engineers ... Surveyors PaLm Beach County 310 Southeast First Street, Suite Four Delray Beach, Florida 33483 (56I) 2434700 Local (56I) 24-3-8777 Fax (561) 732-2588 Palm Beach i CE~T~FIC',~TE; ~ [ HEREBY ~2ERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY I KNOWLEDGE AND BELIEF, AND MEETS THE MFNIMUM TECHI~ICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G[7-6, OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.097 FLORIDA STATUTES, AS APPL[CABLI FOR LEGAL DESCRIPTIONS. HELLER-WEAVER AND CATO, INC. FLORIDA S ~'~TE LB. . 3449 PROFESSIONAL SUI~X.,'EYOR & MAPPER FLORIDA STATE REG. NO. 5118 DATED FEBRUARY' 17, 2000 FILE: C :\CAIC E\ 14984'~LAKERAY.PUB NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVE~ ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY' RACQUET CLUB ADDITION, PB 42, PG 112 & [ 13, HAVING AN ASSUIV{ED BEARING OF S02°49'35'E. SHEET 2 OF 3 SHEETS FILE NO. 00-14984-SS2 Heller-Weaver and Cato, Inc. Engineers ... Surveyors Palm Beach County 310 Southeast First Str~:t, Suite Four Delray Beach, Florida 33483 (561) 2434700 Local (561 ) 243-8777 Fax (561) 732-2588 Palm Beach LINE OF EGRET CIRCLE · pER U^VER'S ~O~m R-~aa.oo'-'- _ SKETCH TO ACCOMPANY LEGAl_ DESCRIPTION A PORTION OF' TRACT 1. LAKE RAY PLAT BOOK 29. PAGE 61 CITY OF' DELP, AY BEACH PALM BEACH COUNTY, FLORIDA O.R.B. OFFlCtAL RECORDS ~OK CLUB AREA (LAKE RAY PORTION) (CONTAINING 5.601 ACRES MORE OR LESS) ~ COURT. ORS 3503, ~; LINE Or (P.8. 29, P~E 81) t: ~ NgO'OO'O0~ EAST UNE OF TRACT 1. LAKE RAY (P.a. 2g. PG. el) (P.S. 29, PC, 51) POINT B~GINNINC EXHIBIT "B" The scope of the work will include but will not be limited to the following: 1. Supervise and direct the general operations of the tennis center owned by the City. 2. Oversee all administration of all tennis center operations, assuring that proper accounting systems are in place. 3. Perform an on-going review of total operational costs for the tennis center. 4. Insure that adequate internal control systems are in place in all areas of the operation. 5. Perform monthly reviews of the financial statements and provide monthly financial statements in the format prescribed to the City. 6. Prepare operating and capital improvement budgets. 7. Prepare, plan and implement all marketing and promotional programs, subject to current agreements between the City and third parties. 8. Approve all expenditures before they are submitted for payment for the City and ensure expenditures are made in compliance with the City purchasing policies. 9. Assure that the highest standards of general maintenance are maintained, except for the landscape and landscape irrigation maintenance, subject to the annual budget allocated to Tennis Center maintenance. 10. Provide monthly tennis center maintenance reports. 11. Ensure compliance with all management responsibilities set forth in the Special Warranty Deed which is made a part of this Exhibit "B" during the duration of this agreement. 12. Dubin shall hire and employ all personnel necessary to maintain and operate the tennis center. Dubin will have full authority over the hiring and firing of all Dubin personnel. 13. Dubin shall operate and maintain the tennis center operation in accordance with all federal, state and local government laws and regulations, including health department regulations and state liquor board regulations. 14. Work closely with all civic groups, tennis patrons and af~erschool programs. This instrument was prepared by and return to: R. Brian Shutt, E~q. 200 N.W. 1st Avenue Delray Beach, Florida 33444 SPECIAL WARRANTY DEED THIS INDENTURE, made this ~ day of , 2000, between CITY OF DELRAY BEACH, a Florida municipal corporation of the County of Palm Beach, State of Florida, whose mailing address is 100 N.W. 1st Avenue, Delray Beach, Florida, 3344~1, grantor*, and THE DELRAY RACQUET CLUB ASSOCIATION, INC, whose mailing address is 610 Egret Circle, Conference Center, Delray Beach, Florida 334/14, grantee*. WITNESSETH that said grantor, for and in consideration of the sum of One Dollar ($I.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, subject to the reservations herein contained, have granted, bargained and sold to the said grantee, and grantee's successor and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: DESCRIPTION Attached hereto as Exhibits "1", "2" and "3" SUBJECT TO Grantor retaining and reserving the following rights and easements: 1. Parking Area Easement Grantor retains and reserves unto the public, itself, and its successors and assigns, a non-exclusive easement for ingress, egress and parking, over the property as shown on Exhibit "1" (the "Parking Area") for a period ending on 99 years from the date of this conveyance. Grantor shall maintain, at its expense, the Parking Area in the same manner and to the same extent that it maintains other public parking lots in the City of Delray Beach. Grantor shall not be allowed to construct any building or similar structure on the property shown on Exhibit "1 ". Grantee shall maintain such insurance coverage for the parking area property as Grantee in its sole discretion deems appropriate. Tennis Court Easement Grantor retains and reserves unto the public, itself, its successors and assigns, a non-exclusive easement for the use of the tennis courts as shown on Exhibit "2", (the "Tennis Court Property"), for a period of 35 years from the date of this conveyance, subject to the following terms and conditions: Grantee shall: (A) (B) (c) (D) (E) (F) Have its members, who desire to use the tennis facilities, pay membership fees to the Grantor for the use of the tennis courts located on the Tennis Court Property and at the Delray Beach Tennis Center, and the 14 tennis courts located on the property described in Exhibit "4" to this conveyance. The fees for such use shall be set by the Grantor in its sole discretion and shall not exceed the fees charged to the general public or other Grantor's residents. Grantee is not responsible for payment of said fees. Not rent, lease or any way charge or collect fees for the use of the Tennis Court Property. Allow the Grantor to use and license the use of the Tennis Court Property upon terms and conditions that are mutually agreeable to both parties. The Grantee and the Grantor shall have the right, in either Party's sole discretion, to prevent the other Party from licensing the use of the Terafis Court Property to another person or entity for unrelated non-public events. Allow the Grantor to control the use, maintenance, administration and reservation of the Tennis Court Property in the same manner and to the same extent as provided for the other tennis facilities owned by the Grantor. Allow the Grantor to use or book the tennis courts located on the Tennis Court Property that have been previously booked by Grantee's members, but, when the Grantee's member has failed to show at the appropriate time and use the court. Maintain such insurance coverage for the tennis court property as it deems appropriate in its sole discretion. 2 Grantor shall: (A) Maintain, operate, administer, equip and refurbish the Tennis Court Property in the same manner as it maintains and administers the Club Property and the Delray Beach Tennis Center. Maintenance shall include the Grantor providing water for the upkeep of the tennis courts on the Tennis Court Property. Maintenance excludes the (i)installation or maintenance of any lighting on the Tennis Court Property, and (ii)landscaping within and around the Tennis Court Property. (B) Not install any lighting on the Tennis Court Property and only allow use vt' the tennis courts located thereon during daylight hours and not after dusk. (C) Split the tennis membership fees received by the Grantor from the members of the Grantee on a per annum basis, 50/50 with the Grantee when the fees received are $20,000.00 (per annum) or less, above $20,000.00 (per annum) the fees will be split such that the Grantor receives 65 % of the fees and the Grantee shall receive the remaining 35 %. The membership fee split set forth in this subparagraph applies to either tenants or owners, but not both. (D) Allow individual Grantee members to book the tennis courts, located on the Tennis Court Property, up to 6 months in advance of the scheduled date through the Grantor; provided, however, if the booked courts are unused, the Grantor may allow non- members of Grantee, other Grantee members or the public, to use the courts for the unused time period. Ingress/Egress Easement Grantor retains and reserves unto the public, itself, and its successors and assigns, a non-exclusive easement for ingress and egress over the entire property as shown on Exhibit "3" (the "Ingress/Egress Property"), for a period of 99 years from the date of this conveyance. Grantor shall not maintain this property. Grantee shall maintain such insurance coverage for the property described in Exhibit "3" as it deems appropriate in its sole discretion. 3 4. Right of First Refusal Any future conveyance by Grantee of the property described in Exhibits "1" and "2" shall be subject to a right of first refusal in favor of the Grantor governed by the following terms and conditions: In the event Grantee receives a bona-fide offer to purchase the property described on Exhibits "1" and "2", or any part thereof, in an arms-length transaction ("Offer") which Grantee wishes to accept, the Grantor shall have a first right of refusal to purchase such property upon the same terms and conditions contained in the Offer. In the event of the receipt of an Offer, Grantee shall present to the Grantor a true copy of the Offer which Grantee intends to accept. Upon Grantee's delivery of the Offer to Grantor, Grantor shall have thirty (30) days thereafter within which to elect to exercise its right of first refusal by the delivery of written notice to Grantee of its exercise of or its intent not to exercise its right of first refusal to the property in accordance with the terms and conditions contained in the Offer and this Section. The closing between Grantee and Grantor under the first refusal shall occur within thirty (30) days following the Grantor's timely exercise of its right of first refusal. In the event the Grantor fails to timely exercise its first right of refusal, the right of refusal shall terminate and Grantee shall be free to close under the Offer pursuant to the terms of the Offer. In the event the offer is for less than all of the property, this right of first refusal shall continue as to the remainder of the property. 5. Taxes or Assessments Grantee, or its successors, shall at all times be responsible for the payment of any and all taxes or assessments that may be assessed against the property by any governmental agency from the date that this instrument is recorded and thereafter. This includes any taxes or assessments that may result from the Grantor's use of the property. Grantor covenants that the premises are free from all encumbrances made by grantor, and grantor does bind grantor, and grantor's heirs, successors, and assigns to warrant and forever defend the title to the property to the grantee above named and grantee's heirs, successors and assigns, against every person lawfully claiming the property, or any part thereof, by, or under the grantor, but not otherwise. 4 IN WITNESS WHEREOF. grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: CITY OF DELRAY BEACH, FLORIDA By: Print Name: David Schmidt, Mayor Print Name: ATTEST: By: City Clerk Approved as to Form: By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of · 2000, by David Schmidt, Mayor for the City of Delray Beach, a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Signature of Notary Public [IT¥ I]F I]ELRR¥ BEI:I[H DELRAY B~ACH 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 1993 TO: FROM: David T. Harden City Manager ~i~ARobert A. Barcinski ssistant City Manager DATE: August 30, 2000 SUBJECT: AGENDA CITY COMMISSION MEETING SEPTEMBER 7, 2000 APPROVAL TENNIS CENTER - MEMBERSHIP RATES FY 2001 Action City Commission is requested to approve proposed Tennis Center rates for FY 2001. Background Attached are proposed rate increases for the Tennis Center for next year. The proposed rate increase for court fees is from 0% to 6.7%. Proposed rate increases for membership range from 0% to 9.4%. All rate increases proposed are based on market conditions. Attached are copies of the proposed rate changes and rate comparisons with other facilities. Recommendation Staff recommends approval of the proposed rates for Tennis Center memberships for FY 2001. RAB:tas File:u:sweeney/agenda Doc: 2001 rates tennis center THE EFFORT ALWAYS MATTERS DELRAY BEACH TENNIS CENTER-FISCAL YEAR 2000-2001 PROPOSED MAXIMUM MEMBERSHIP RATES OCTOBER I, 2000-SEPTEMBER 30, 2001 - ANNUAL MEMBERSHIPS (12 MONTHS) TYPE MEMBERSHIP CURRENT PROPOSED % INCREASE RESIDENT SINGLE $245.00 $255.00 4.1 FAMILY $370.00 $385.00 4.1 JUNIOR $ 50.00 $ 50.00 -0- NONRESIDENT SINGLE $400.00 $425.00 6.3 FAMILY $560.00 $595.00 6.3 JUNIOR $100.00 $100.00 -0- MAY 1, 2001-SEPTEMBER 30, 2001 - SUMMER MEMBERSHIPS (5 MONTHS) TYPE MEMBERSHIP CURRENT PROPOSED INCREASE RESIDENT SINGLE $105.00 $110.00 4.8 FAMILY $160.00 $170.00 6.3 JUNIOR $ 35.00 $ 35.00 -0- NONRESIDENT SINGLE $160.00 $175.00 9.4 FAMILY $235.00 $250.00 6.4 JUNIOR $ 55.00 $ 55.00 -0- Family -- Husband/Wife, Children under 18, and children under 21 attending school MEMBERSHIP RATES DO NOT INCLUDE FLORIDA SALES TAX TC-RATES 004)1 DELRAY BEACH TENNIS CENTER-FISCAL YEAR 2000-2001 PROPOSED MAXIMUM DAILY RATES AND MISCELLANEOUS RATES COURT FEES - CLAY COURTS/PER PERSON NOV. 1-APRIL 30 COURT TIMES Mornings/Evenings COURT TIMES Afternoon EXISTING PROPOSED %INCREASE EXISTING PROPOSED %INCREASE CITY RESIDENTS ADULTS $7.00 $7.25 3.6 $6.00 $6.00 -0- JUNIORS $4.50 $4.50 ..0- $3.50 $3.50 -0- COUNTY RF-.81DEN~ ADULTS $9.00 $9.25 2.7 $7.50 $7.50 ..0- JIJNIORS $5.75 $6.00 4.4 $4.50 $4.50 -0- NON RF~IDENTS ADULTS $11.50 $12.00 4.3 $9.50 $9.50 -0- JUNIORS $ 7.50 $ 8.00 6.7 $6.50 $6.50 -0- MAY 1-OCT. 31 EXISTING PROPOSED %INCREASE EXISTING CHT RESIDENTS ADULTS $6.50 $6.75 3.8 $5.25 JUNIORS $3.50 $3.50 -0- $2.50 PROPOSED %INCREASE $5.50 4.8 $2.50 -0- COUNTY RF, SIDE, NTS ADULTS $8.00 $8.25 3.1 $6.50 JUNIORS $4.75 $5.00 5.3 $3.50 NON RF-.SlD~ ADULTS $10.50 $10.75 2.4 $8.00 JUNIORS $ 6.50 $ 6.75 3.8 $5.00 $6.50 -0- $3.50 -0- $8.00 -0- $5.00 -0- ALL PRICES INCLUDE FLORIDA SALES TAX TC-RATES 00-01 MAXIMUM DAH,Y RATES 2000-2001 COURT FEES - HARD COURTS/PER PERSON COURT TIMES Mornings/Evenings Existing/Proposed 1/1 -4/30 $/I - 10/~1 COURT TIMES Afternoon I1/1 - 4/30 S/I - 10/31 CITY RESIDENTS ADULTS $5.00 $2.50 $4.00 $2.$0 *JUNIORS $3.00 $1.$0 $2.50 $1.50 COUNTY RESIDF. NTS ADULTS $6.00 $3.00 $5.00 $3.00 *.R/NIORS $3.00 $1.75 $3.50 $1.75 NON RF_~IDENTS ADULTS $7.00 $3.50 $6.00 $3.$0 *JUNIORS $4.00 $2.00 $3.$0 $2.00 All prices Include Florida Sales Tax TC-RATES 00-01 DELRAY BEACH TENNIS CENTER-FISCAL YEAR 2000-2001 MISCELLANEOUS RATES EXISTING PROPOSED %INCREASE LIGHTS 11/2 HOURS $ 4.72 $ 4.72 (-0-) LOCKER FEE MONTHLY $10.00 $10.00 -0- YEARLY $30.00 $30.00 -0- BALL MACHINE RENTAL $10.00/HR $10.00/HR -0- RACQUET RENTAL $ 5.00 $ 5.00 -0- *MISC. RATES DO NOT INCLUDE FLORIDA SALES TAX PRIVATE LESSON (la HOUR) MAXIMUM %INCREASE (1 HOUR) MAXIMUM %INCREASE RATES EXISTING/PROPOSED EXISTING/PROPOSED MEMBERS $27.00 $28.00 3.7 $50.00 $52.00 4.0 COUNTY RESIDENTS $30.00 $32.00 6.7 $60.00 $62.00 3.3 NON-RESIDENTS $32.00 $35.00 9.4 $60.00 $65.00 8.3 JUNIORS $20.00 $21.00 5.0 $35.00 $36.00 2.9 TC-RATES 00-01 [ITY DF I]ELAIW BEfl[H DELRAY BEACH Ail-America Ci~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 199~ TO: David T. Harden City Manager FROM: ~ Robert A. Barcinski U Assistant City Manager DATE: August 30, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2000 PROPOSED FY 2001 MAXIMUM RATES - MUNICIPAL GOLF COURSE ACTION City Commission is requested to consider for approval maximum rates proposed for FY 2001 for the Delray Beach Municipal Golf Course. B.d CK GR 0 UND Attached is the proposed rate schedule for the municipal course along with a rate comparison with other municipal courses. Increases in rates are proposed for prepaid green fees, cart fees, daily greens fees, bag storage, locker rental, range balls, and charity cards. Rate increases for prepaid fees average about 3.5% overall. Other golf rate increases range from -5.6% to 4.3% and are based on market conditions. Golf fees, except for prepaid green fees, are in line with other golf courses. RECOMMENDATION Staff recommends approval of the proposed maximum rates for FY 2001 for the Municipal Golf Course. RAB/tas Ftle:u:sweeney/agenda Doc:2001 rates municipal golf course THE EFFORT ALWAYS MATTERS DELRAY BEACH GOLF CLUB PROP _n$_;_n .u_ .~! _u. U M RA'I'I;S 2000/2001 ~.,,.,.,,ENT NON4:~_~!n~uT EXISTING p~OP.-,-~;,'I ! ~- ....... EXISTING PROPOSE~ ~:~.=.. ,lAN 1 - MARCH 3t. 2001 18 Hn] ~=-~ $ 34.50 $ 36.00 4.3 $ 52.00 $ 53.50 2.9 ) HO! ~=~ $ 21.75 $ 22.50 3.4 $ 37.00 $ 38.00 2.7 /~.PRIL 2001, NOVEMBER. _n;_nI=MBER 2000 18 Hnl ~=-~ $ 32.00 $ 33.00 3.1 $ 41.50 $ 42.50 2.,I I HOLES $ 19.75 $ 20.50 3.8 $ 28.00 $ 29.00 3.5 UAY 1 - 0~o;'i~ 3~. 200t 18 HOLES $ 19.75 $ 20.50 3.8 $ 24.00 $ 24.00 0 9 HOLES $ 15.50 $ 15.00 (3,2) $ 18.00 $ 17.00 (5.6) ALL RATES ARE TAX IHCL~$NE EXISTING M!~CELaflEOUS RATES IALL RATES ARE TAX INCLUSIVE) BAG &TORAGE $ 79.50 $ 82.68 4.0 .OGK~R RENTAL $ 51.94 $ 53.00 2.0 ,m:yAID WALKERS $ 1.40 i $ 1.50 6.8. PULL CART $ 3.25 $ 3.50 7.5 :/,R RENTAL - 18 HO~ ;:;: $ 21.00 $ 21.00 ($5.00 for JUNIORS) 0.0 - 9 Hrtl c;t $ 16.00 $ 16.00 ($5.00 for JUNIORS) 0.0 RANGE BALL $ 4.75 $ 5.00 ($1.50 for JUNIORS 5.4 CHARITY CARD $ 20.75 $ 21.50 I 3.6 · K=~-AID GREEH FEEB PERCENT =~ ==_-= ,= NT F.~__~_;Ly $ 1,537.00 $ 1,590.00 3.4 · ~--~.~E,F. HT Sl.".~-!.~; $ 985.30 $ 1,022..90 3.8 NON-i~,-~;~,;~,~' FAMILY . $ 2,438.00 $ ~.;~ 80 3.5 NON.~_;_$!~nENT SINGLE $ 1,908.00 $ 1,987.50 4.2 bo'~readsheets~DBGRT2000-01Sheetl Page 1 Printed on 8/23/00 ~ 2'27 PM GOLF COURSE SURVEY MUNICIPAL GOLF COURSE (ALL RATES ARE BEFORE TAX) 99/2000 2000/01 2000/01 2000/01 2000/0t 2000/01 NAME OF COURSE BOCA BOYNTON WEST PALM NORTH PALM PALM BEACH DELRAY MUNICIPAL MUNICIPAL BEACH BEACH GARDENS BEACH PERMIT SINGLE RES. 666.04 613.21.* 742.00 861.00 900.0C 968.00 SINGLE NON RES. 1022.64; 613.21'* 980.50 1312.50 1010.0; 1875.00 FAMILY RES. 1099.06i N/A N/A t470.00 1500.09 1500.00 FAMILY NON RES. 1628.301 NIA NIA 2310.00 1675.n'n 2380.00 RANGE -~-~--L$ 4.25i 3.77 3.77 4.91 4.72 4.~z PULL CARTS 2.831 1.89 3.77 N/A 3.94 3.30 CART FEE SEASON 18 HOlE RES. 16.04 11.79 1t.32 12.26 1t.78 tt.80 18 HOLE NON RES. 19.81 11.79 11.32 12.26 11.78 11.80 GREEN FEE SEASON U1 - 3/31 i 18 HOLE RES. 19.81 25.90 32.96 23.58 34.91 20.75 18 HOLE NON RES. 25.47 25.00 33.96 46.23 41.51 31.26 APRIL, NOV. - DEC. 18 HOLE RES. 19.81 18.39 33.96 t6.80 20.70 t7.92 18 HOLE NON RES. 25.47 18.39 33.96 34.68 27.38 26.88 CART FEE OFF SEASON 18 HOLE RES. 12.74 8.96 9.43 12.26 tl.79 t0.38 18 HOLE NON RES. 16.94 8.96 9.43 12.26 tl.78 t0.38 GREEN FEE OFF SEASON 18 HOLE RES. 9.91 11.79 11.32 13.76 8.98 7.5S 18 HOLE NON RES. 12.2(~ 11.79 11.32 21.70 12.74 t0.85 VALKERS SEASON 1/1 -3/31 9 HOLE RES. 16.98 18.99 24.52 12.60 11.58 12.73 9 HOLE NON RES. 21.23 10.99 24.52 23.10 t9.58 27.38 ~PRIL. NOV. - DEC. 9 HOLE RES. t6.98 1t.32 24.52 10.50 8,28 t0.84 9 HOLE NON RES. 2t.23 tt.32 24.52 21,00 13.92 t8.86 VALKERS OFF SEASON 9 HOLE RES. t0.38 7.07 11.32 7.35 6.68 7.07 9 HOLE NON RES. t2.74 7.97 tt.32 10.50 8.48 8.95 CAPITAL IMPROV~=MI=NT FUND 1.00 0.47 3.00 1.00 NIA t.41 9 HOLE PERMIT WAIKL=R - ALL YEAR 1.0(~ 0.90 2.83 1.90 2.3~ t.41 lAG STORAGE 70.98 55,00 75.00 75.00 N/A CHARITY CARD RATE 19.70 NIA 18.86 18.86 21.7(~ 20.2= 27.36 WK ENDS iCOMBINED RATE - RIDING JAN - MARCH RES. 35.85 36.33 48.00/38.00"** 35.84 46.7C 33.6o NON RES. 45.28 36.3~ N/A 58.49 53.301 50.47 NOV., DEC., & APRIL RES. 35.80 29.72 48.90/38.90*~ 29.06 32.54: 31.13 NON RES 4528 29.72 N/A 46.91 39.15: 40.09 , MAY - OCT. RES. 22.68 22.17 22.00/20.00~' 26.02 20.75 16.33 : NON RES 28.38 22.17 N/A 33.96 24.53 22.64 * 2000101 rotes aro not available at this time. ** Permits no longer sold; Permits eliminated through attrition. '~* RATE AFTER 1:00 DURING WINTER AND AFTER 11:30 IN SUMMER Prepaired by Bruce Edwards, Head Professional sit DEL,RAY BEACH GOLF CLUB PROPOSED MAXIMUM RA'I~8 350~20Ol existing RESIDENT NON-RESIDENT exi~Ung prolxmed JAN 1 - MARCH 31. 2001 CART FEEE - 18 HOLE8 GREEN FEES - 18 HOLEE CAPITAL IMPROVEMENT FUND TAX CART FEES - 0 HOLE8 GREEN FEE8 - 9 HOLES CAPITAL IMPROVEMENT FUND TAX ~RIL 2001. NOVEMBER. DECEMBER 2000 CART FEES - 18 HOLES GREEN FEES -18 HOLES CAPITAL IMPROVEMENT FUND TAX CART FEES - 8 HOLE8 GREEN FEE8 - 9 HOLE5 CAPITAL IMPROVEMENT FUND TAX CART FEEE - 18 HOLE8 GREEN FEES - 18 HOLES CAPITAL IMPROVEMENT FUND TAX CART FEES - 9 HOLES GREEN FEES - 8 HOLES CAPITAL IMPROVEMENTFUND , TAX 11.42 $ 11.80 19.81 $ 20.75 1.32 ', $ 1.41 32.55 $ 32.96 1.05 $ 2.04 34.50 $ 36.00 8.11 $ 8.50 11.09 $ 11.32 1.32 $ IA1 20.32 $ 21.23 123 ~ 1.27 21.76 $ 22.50 11.42 $ 11.80 17.44 $ 17.92 1.32 $ 1.41 30.16 $ 31.13 1.82 ; 1.87 32.oo $ 32.oo 8.11 $ 8.5O g.20 $ g.43 1.32 $ 1.41 18.63 $ 19.34 1.12 $ 1.18 10.76 $ 20.~0 IO.O0 $ 10.35 7.31 $ 7.55 1.32 $ 1.41 18,63 $ 19.34 1.12 $ 1.16 19.75 $ 20.50 8.70 $ 7.08 6.60 $ 5.66 1.32 $ 1.41 14.62 $ 14.15 0.88 $ 0.85 13.50 $ 15.00 11.42 $ 11.80 38.32 S 37.26 1.32 $' 1.41 49.06 $ 50.47 2.94 $ 3.03 52.00 $ 53.5O 8.11 $ 8.50 25.48 $ 25.94 1.32 $ 1.41 34.91 $ 35.86 zo; $ z15 37.00 S 38.00 11.42 $ 11.80 26.41 S 26.88 1.32 $ 1.41 39.15 S 4O.O9 2.35 s 2.41 41.50 $ 42.60 8.11 $ 8.60 16.99 S 17.45 1.32 S 1.41 26.42 S 27.36 1.5O S 1.64 26.OO $ 29.00 10.00 S 10.38 11.32 S 10.85 1.32 S 1.41 22.64 $ 22.64 1.36 S 1.36 24.00 $ 24.OO 6.70 $ 7.08 3.96 S 7.54 1.32 S 1.41 16.98 $ 16.03 1 ,O2 $ 0.97 18.00 $ 17.00 Page I Pdnted on 8/15/00 ~ 3:24 PM £1T¥ UF 13EUi1:1¥ BEI:I£H DELRAY BEACH NI-AmericaC~ 199~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000 I IEI ORANDUi I TO: FROM: David T. Harden City Manager /obert A. Barcinski ssistant City Manager DATE: August 30, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2000 PROPOSED FY 2001 MAXIMUM RATES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to consider for approval maximum rates proposed for FY 2001 for the Delray Beach Lakeview Golf Course. BACKGROUND Attached is the proposed rate schedule for the Lakeview Golf Course along with a rate comparison for other like golf courses. Increases proposed for all fees range from -5.36% to a high of 10% for non-resident fees in the summer time. Rate increases proposed are varied and are based on market conditions. Fees proposed are in line with other comparable courses. RECOMMENDATION Staff recommends approval of the proposed maximum rates for FY 2001 for the Lakeview Golf Course. RAB/tas File:u.'sweeney/agenda Doc:2001 rate$1akeviewgolfcourse THE EFFORT ALWAYS MATTERS ?. ~ Z W ~ w ~ O0 O0 0 O0 0 0 z 0 Z ~ oz~ ~ ~ 8° ~ ~ Z uJ r~ LU 0 O0 O0 0 000 0 0 ~ O0 O0 0 000 0 ~ z ~ ~o ~ Q~ ~ ~ ~,- Z ILl r", LLI rw LU O0 O0 0 000 0 ~ oo qo Q ooo ~ ~ Z ,,i 0 0 r~ O0 O0 O0 O0 0 0 O0 O0 O0 O0 0 ~ o~ ~ ~o ~ ~ ~ oo oo oo oo o ~ G.C.SURVEY-RATES GOLF COURSE SURVEY EXECUTIVE GOLF COURSES ALL RATES ARE BEFORE TAX) i 00/01 00/01 ' 99/00 lAME OF COURSE !LAKEVIEW BOCA EXECUTIVE IDELRAY C.C RIDE 18 HOLES RESIDENT t $ 26.42 ~ $ 26~7 ! ~ $ 27.36 NON-RES. $ 28.30 same, J same / 11/10/00-12/8/00 APRIL 2001 $ 23.58 $ 25.47 $ 27.36 RESIDENT NON-RES. $ 24.53 same same MAY 1, 2001 - 11/9/01 RESIDENT ~ i $ 13.68 $ 13.41 l $ 8.96 NON-RES / same same J same WALK 18 HOLES 12/9/00 -3/31/01 , RESIDENT I $ 17.92 $ 17.88 $ 27.36 NON-RES / $ 19.81 same walk same as rideT I APRIL 2001 11/10/00-12/8/00 RESIDENT $ 16.98 $ 17.88 $ 15.75 NON-RES. $ 17.92 same same MAY 1, 2001 - 11/9/01 NON-RES ~ $ same~ L same_ Note #1: Delray Country Club did not have 2000-2001 rates available as of 8/28/0Q Rates reflect the year 1999-2000. Note #2: Sherwood Park is not included on thissurveydue toits new ownership land undetermined winter rates as of 8/28/00 Page 1 [ITY OF I]ELAIlY BER[H DELRAY BEACH AII-AmericaC~ 1993 TO: FROM: 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MEMORANDUM David T. Harden City Manager obert A. Barcinski ssistant City Manager DATE: August 31, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2000 SPECIAL EVENT - MUZAK HEART AND SOUL STROLL ACTION City Commission is requested to endorse the Muzak Heart and Soul Stroll to be held on October 14, 2000 between 9:00 a.m. - noon, to grant a temporary use permit per LDR's Section 2.3.6(H) for use of the east end of the Tennis Center parking lot and City rights- of-way from 8:00 a.m. - 1:00 p.m., to authorize the use of the small stage, and to authorize staff support for security. BACK G R 0 UND The Muzak Corporation is planning a 5K'Walk to be held on Saturday, October 14th as a fund-raiser for the Village Academy. The proposed route would start at the Tennis Center along Atlantic to SW 12th Avenue around the Village Academy back to Atlantic, to A-DA then back to the Tennis Center. A small stage would be set up at the east end of the parking lot on Friday for their use on Saturday. This event will not require a street closure. The Police Department will provide traffic control primarily with on-duty personnel. Barricades for the parking lot can be left on Friday and picked up on Monday. The event sponsor will manage the event, provide water stations, trash pick up and removal, and volunteers to assist with the event. Overtime costs would be a maximum of about $250. If traffic control is totally provided by on-duty staff, then there will be no overtime. The addition of this event does not exceed the limit set by Commission. There are no other events scheduled for this date. THE EFFORT ALWAYS MATTERS ?, ~___.~.. Agenda Item # Page 2 RECOMMENDATION Staffrecommends approval of the event, the temporary use permit, stage use and set up, barricade use and staff support for traffic control with the following conditions: sponsor to pay overtime if incurred and provide the City with proof of liability insurance and a hold harmless agreement, and that the set up be moved to the south end of the Civic Center lot versus the east end of the Tennis Center parking lot. RAB/tas File:u:sweency/agenda Doc:Muzak Heart and Soul Stroll muzak R/ck Seymour President Harmony Music & Sound Systems, Inc, 1000 N. Dixie Highway W. Palm Sea rjr. Florida 33401-3332 561 659.6000 Tel 561 659.3790 Fax 561 833.9850 Direct Thursday, July 13,2000 RECEIVED Mr. Bob Baminski Assistant City Manager City of Delray Beach 100 ~ lst Avenue Delray Beach, FL 33444 AUG fl ? 2000 CITY MANAG E_-R Subject: Special Event Request - Muzak Heart and Soul Stroll Dear Bob: On Saturday, October 14th, 2000, thousands will walk in hundreds ~f cities nationwide to benefit kids' music education programs through the Muzak Heart and Soul Foundation. 100% of the money raised by our office in Palm Beach County, stays in Palm Beach County. In fact, last year we were able to raise and grant over $90,000 to five local schools. The Village Academy Delray Beach $80,000 Gladeview Elementary Belle Glade $ 5,000 Palm Beach Public Elementary Parn Beach $ 2,500 Glades Central High School Lantana $ 2,500 This year we are partnered with the Village Academy, our goal is to raise $100,000 by the end of the year. Thus I th/ak it would be most appropriate to hold this national event in the heart of Delray Beach - Atlantic Avenue. I am open to your suggestions and would like to propose the course to be approx. 5 miles in length, beginning and ending at the Tennis Center. The route would begin West to SW 12 Ave, loop around the Village Academy, head back east o'n Atlantic to the beach, then back to the Tennis Center. After the Heart and Soul Stroll, the awards for corporate sponsors, teams and individuals raising the most money will be held during an afternoon concert at the Temfis Center. Sounds like fun, huh? I hope I can count on ~he City of Delray Beach's support. Please feel free to contact Sarah E'rickman or me at 561.833.9850 with the next Cc: The Mad Dads and Village Academy Board of Directors. :inder Map AJ F COUR$f AG AJ ~8/30/00 ~I) 14:52 F,~ 704 926 3694 John N. LuobJm ~xecufive O01 August 30, 2000 Muzak Hea~ & Soul 5550 77 Center Drive Suite 380 Chedott., NC 28217 704 926.3690 Tel 704 926,3694 Fax '~". m uza k.ea m/hlql't johnl(~rnuzak, cam City of Delray Beach Attn: Robert A. Barcinski 100 NW First Avenue Delray Beach, FL 33444 Via fox: 561.243.7199 Dear Mr. Barcinskl, Please allow this letter to serve as official notice that Muzak Heart & Soul Foundation, Muzak LLC, and Harmony Music & Sound Systems (West Palm Beach) will hold the City of Delray Beach blameless of any/all incidents for the Heart & Soul Stroll on Saturday, October 14, 2000. Each participant will also sign the following statement prior to participating in the Heart & Soul Stroll: "In signing this pre-registration form, I release Muzak LLC, the Muzak Heart & Soul Foundation, the Heart & Soul Stroll, any and all national and local sponsors, volunteers, the Walkathon site, school partner and any other representative affiliated with this event from any cla;rn of liability, illness, damage, or iniury as a result of participation in or traveling to this event. I understand that by running, walking, or skating, even at a slow or moderate pace, I pose risk to myself. I hereby certify that I am in good health and in sufficient physical shape and condition to participate in this event..." Please feel free to contact Sarah Brickman or Rick Seymour, your local Stroll Coordinators, at 561.833.9850 for additional information. The Muzak Heart & Soul Foundation appreciates your support of i~s first Heart & Soul Slroll in Delray Beachl P-S. The certificate of indemnity/insurance will be taxed to you under separate cover later today/tomorrow. ' ' · RuC 30 O0 03:04p muzak 5G16593790 & muzak Hannm~ Music & Sound Systems, [nc, 1000 N. Dixie Highway W. Palm Beach. Fro rid8 3340%3332 561 65g.6000 Tel 561 659.3790 Fax August 30, 2000 City of Delray Beach Attn: Robert A. Barcinski 100 IWW First Avenue Delray Beach, FL 33444 Via fax: 561.243.7199 Dear Mr. Barcinsld, Thank you for the city's suppoa for the Muzak Heart & Soul Stroll on Saturday, October 14, 2000. Immediately following the walk, I would like to request permission to have a small concert performed by 5-10 students from schools who have benefited bom the Heart & Soul Foundation Grants. We would hem a small stage and electrical outlet. It is understood that we must supply our own extension cords, speakers, microphones, etc... Your permission to do this at the tennis center and g~ass area from 12-1pm would be greatly appreciated. You may contact me direct at 561.659.6607 should you need anything luther. Again, thank you for your support! I hop~ to see you there. Rick Seymour President [ITY OF I]ELARY BER[H DELRAY BEACH Ail-America City ~0: FROM: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMO DUM David T. Harden City Manager /~ Robert A. Barcinski Assistant City Manager DATE: August 30, 2000 SUBJECT: Agenda Item City Commission Meeting September 7, 2000 Special Event Request - Deaf Service Center Walk ACTION City Commission is requested to endorse the 1st Annual Deaf Service Center Walk to be held on January 11, 2001 from 5:30 p.m. to 7:30 p.m., to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of Anchor Park and City rights-of-way along A-I- A and George Bush Boulevard, to waive parking meter fees at Anchor Park from 5:00 p.m. to 6:00 p.m., to allow Anchor Park to remain open until approximately 8:30 p.m. and to provide staff assistance for traffic control. BACKGROUND Attached is a request for this event along with an event budget received from Mr. Joseph Landolfi, Jr. the Event Chairman. This event is proposed to be held in conjunction with the Chamber of Commerce Swing and Sing event to be held the same night on George Bush Boulevard. The event sponsor will manage the event, provide volunteers, and transport participants back to Anchor Park. The proposed route is on the sidewalks on A-1-A and George Bush Boulevard, beginning at Anchor Park and ending at St. Vincent Ferrer Church. The Police Department has indicated they can accommodate this request with on-duty personnel and personnel already assigned to the Swing and Sing event. Overtime for the event will be minimal (about $100). The event sponsor is also requesting a waiver of parking fees in Anchor Park from 5:00 p.m. to 6:00 p.m. and as a result of the finish time, staff is requesting approval to leave the park open until 8:30 p.m. THE EFFORT ALWAYS MATTERS ,4genda Item City Commission Meeting September 7, 2000 Special Event Request - Deaf Service Center Walk Page #2 RECOMMENDATION Staff recommends approval of the event, the temporary use permit, waiver of parking fees in Anchor Park after 5:00 p.m., approval of parking lot staying open until 8:30 p.m., and approval of staff support for traffic control with the following conditions: payment of overtime if incurred, provide a certificate of insurance naming the City as additional insured, and provide a hold harmless agreement. RAB/tas FRe.'u.'sweeney/agenda Doc:Deaf Service Center Walk DEAF SERVICE of Palm Beach Coun~ Inc. Serving Persons With Hearing Loss... since 1984 3111 South Dixie Highway, Suite 237 · West Palm Beach, FL 33405-1548 (561) 802-3353 Voice/TDD · Fax (561) 802-3356 e-mail: dscpbc~aol.com · http://community.gopbi.com/DSCPBC RECEIVED JUL 2 8 2000 ASS STANT CITY MANAGER July 27, 2000 Mr. Robert A. Barcinski Assistant City Manager 100 NW 1 st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: The Deaf Service Center of Palm Beach County, Inc. would like to thank the City of Delray Beach for their continued support and grants annually received. However, our resources continue to be inadequate to handle the more than 150 calMns and walk-ins received each day at our Delray Beach and West Palm Beach locations. As a result, the Deaf Service Center must continually hold fund raising events to generate additional funds necessary to provide the necessary service the deaf and hard of heating community of Palm Beach County needs. Consequently, this letter is to request approval from the City Council of a fund- raising walk-a-thon event for the Deaf Service Center. We would like to hold the event on Thursday, January 11, 2001, from 5:30 PM to 7:30 PM. This date and the route have been chosen to coincide with the Bush Boulevard Swing & Sing Event by the Chamber of Commerce. The requested route for our "Rock & Stroll for Hearing Health" would start the event at Anchor Park where the Deaf Service Center would initially check-in the participants. The participants would then proceed up the walk and across S. Ocean Blvd on the crosswalk and thence north along the beach sidewalk used for many other walk-a-thons. However, at the north end of the beach walk the participants would continue north by crossing S. Ocean again on the crosswalk two blocks south of Bush Blvd and proceed north on the sidewalk to Bush Blvd. At Bush Blvd, the participants would cross Bush Blvd to the north side, which has a sidewalk and turn west to US Highway 1. At US 1, the participants would cross Bush Blvd again on the crosswalk and return east to a finish at or near St. Vincent Ferrer Church. This is approximately a 4K course. Since this fund raiser will be our first walk-a-thon event, it is difficult to estimate the number of participants. In order to assist us in our preparations, we have spoken with Roger Ribeiro of Parks and Recreation and Lt. Geoffrey Williams of the Police Department, who have informed us that based upon our initial projections, it appears Mr. Robert A. Barcinski July 27, 2000 Page 2 we may only require the assistance of the City in Planning, as other support is being provided to the Swing & Sing Event by the Chamber of Commerce. However, as the number of participants is better established, the need for assistance will be reviewed. We plan to arrange for a licensed transportation service to provide van service from the walk terminus back to Anchor Park. In order to assist us in encouraging participation, we respectfully request that parking meter enfomement at Anchor Park be suspended after 5:00 PM that day. We will provide water at check-in stations along the way. While we may have certified guide dogs for the hearing impaired, them will be no music along the route and no alcoholic beverages permitted. At various check-points along the route, we will have tables and signs directing and assisting the participants. We intend this event to be a fun event that will raise both funds and awareness for the Deaf Service Center of Palm Beach County, Inc., and assist us in providing service to deaf and hard-of-hearing children, adults, and seniors. Bob Hawkins of our staff will be available to answer questions or resolve any minor issues you may have. I look forward to hearing from you in the near future. Sincerely, Event Chairman CC: Joan Gindlesperger, Deaf Service Center of PBC Roger Ribeiro, Parks and Recreation Department Geoffrey Williams, Police Department Linda Fries, Delray Beach Chamber of Commerce 2001 Walk-a-thon Budget Revenue~ Registration Fees for Particiapants "Sponsors" at $10 per walker Corporate Underwriters 500 m $5 1000 ~ $10 2500,1000,500, $2,500 $10,000 $4,000 $16,500 Expenses Printing letters and enrollment forms Signs and Banners (many reusable in ~ture) Flashlights imprinted with sponsor name Prizes for Participants Water/refreshments for Participants Insurance rider Portable toilets, Added Security, Truck rental? Miscellaneous, not anticipate T_OTAL $1,000 $500 $1,000 $3O0 $1oo $1oo $250 $260 $3,500 NET FUNDS RAISED $i3,000 CITY ATTOi ['IEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE561/243-?090° FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 AII.Am~ca City ' ll Z 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM September 1, 2000 City Commission David T. Harden, City Manager J~;~ jc?anb~cRk;s~i2itlt( ~tfc~ it;;2~e eo~l~ ts 12 & 13, Silver Terrace Attached please find a contract for the purchase of Lots 12 & 13, Silver Terrace, Delray Beach, along with a resolution incorporating and accepting the terms of the contract. The price to be paid by the city for each lot, if the contract is approved, is Fourteen Thousand Dollars (US$14,000.00) for a total of Twenty-Eight Thousand Dollars (US$28,000.00) for the two lots. Community Improvement initiated this purchase and intends to use the properties for affordable housing and/or transfer to Habitat for Humanity of South Palm Beach County. If you have any questions, please do not hesitate to contact our office. JTJ:smk A~achment CC: Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement Dennis Thompson, Rehab Specialist RESOLUTION NO. $9-00 A RESOLUTION OF THE CITY COMMISSION OF ~ CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING TI-EE CITY TO PURCHASE FROM SELLER CERTAIN ILEAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOTS 12 & 13, BLOCK 2, SILVER TERRACE, AS MORE pARTICULAILLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTiNG THE CONTRACT AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DEl,RAY BEACH AND E.g. K~.!.I.EY. WHEREAS, the City of Dekay Beach, Florida, wishes to acquire Lots 12 and 13 within Block 2, Silver Terrace, for the municipal purpose of construction of affordable housing and/or the transfer of property to Habitat for Humamty of South Palm Beach County; and \VHEILEAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Dekay Beach, Florida; and \X~IEILEAS, it is in the best interest of the City of Dekay Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ILESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Comnfission of the City of DeNay Beach, Florida, as Buyer, hereby agrees to enter into a contract with E.V. Kelley, as Seller, in order to acquire certain real property in the City of Delray Beach to provide for affordable housing and/or the transfer of the property to Habitat for Humanity, for the purchase price of Fourteen Thousand Dollars (US$14,000.00) per lot, for a total of Twenty-Eight Thousand Dollars (US$28,000.00), and other good and valuable consideration; said property being more particularly described as follows: Lots 12 and 13, Block 2, SILVER TERRACE, according to the Plat thereof recorded in Plat Book 11, Page 61, of the Public Records of Palm Beach Count),, Florida. Section 2. That the costs of dosing and transactions, tire insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of DeNay Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on this t~th dagof SeJ~mj~r, 2000. '~.,~ MAYOR ST: ' city lgrk/- CONTRACT FOR SALE AND PURCHASE E.V. Kelley, a single woman, ("Seller"), of Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: ' I. DESCRIPTION: Lots 12 and 13, Block 2, SILVER TERRACE, according to the Plat thereof recorded in Plat Book 11, page 61, of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE .................................. US$28,000. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before September 12, 2000 the deposit(s) will, at Buyer's option, be returned to Bnyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance connnitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before October 11, 2000, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: -~A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and -2- security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E.' Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment -3- and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be. agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statemem. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (an&not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of -4- the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or dmnage, or of cancelling the agreement and receiving return of deposit(s). N: Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. 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. S. Warranties: Seller warrants that there are no facts known to' Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: SELLER: City of Delray Beach By: David Sclm~idt, Mayor ATTEST: __By:~) cA City Clerk App~e~a;o Form: County of Palm Beach j The foregoing instrument was acknowledged before me this of E~,~t.~,-- 2000 by E.V. Kelley, who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Print, Type or Stamp Name of Notary Public -6- MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM qff - REGUI.t~R blRRTING OF SEPTEMBER 7, 2000 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: AUGUST 30, 2000 With the appointment of Jess Sowards to the Planning and Zoning Board, a vacancy has been created on the Board of Adjustment for a regular member to fill his unexpired term ending August 31, ~01. Further, with the appointment of alternate member Cheryl Lee-Bennett to a regular member positron, there is now a vacancy on the Board of Adjustment for an alternate member to fill her unexpired term ending August 31, 2001. Bernard J. Federgreen, currently serving as an alternate member, would like to be considered for appointment as a regular member. The attendance record is attached. To qualify for appointment, a person must either be a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: · Janine Dabney-Batde · BemardJ. Federgreen (currently serving as alternate) · Thuy T. Shutt · Clifford E. Tones, Jr. A check for code violations and/or outstanding murficipal hens was conducted. None were found. Based on the rotation system, the appointment of the regular member will be made by comrmssioner Archer (Seat #2), while Commissioner Schwartz (Seat #3) will appoint the alternate member. Please note the attached letter of recommendation from comrmssioner Schwartz concerning his appointment. Recommend appointment of a regular member and an alternate member to the Board of Adjustment to fill unexpired terms ending August 31, 2001. Ref:Agmemo3.Appts. to Board of Adjustment rlT¥ UF UELI:II:I¥ BEI:i£H DELRAY BEACH AII-AmedcaCity 199~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 Mayor David Schmidt Alison MacGregor Harty, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor and City Clerk: Since I will be out of town during the City Commission meeting scheduled for September 7, 2000, I am forwarding this letter with my recommendation and nomination for an appointment to the Delray Beach Board of Adjustment. I recommend the appointment of Mr. Clifford E. Torres, Jr. as an alternate member to fill the unexpired term ending August 31,2001 as he has expressed his desire to serve. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership and participation on the Board of Adjustment due to postponement on my behalf. Would you please read this letter into the Commission record, and if the Commissioners so desire, accept my nomination and proceed accordingly. Sincerely, Bill Schwartz Deputy Vice Mayor cc: David T. Harden, City Manager U:RANGEL/SCHWARTZ Board of Adjusanent Appointment THE EFFORT ALWAYS MATTERS MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~/~ - REGULAR I~RRTING OF SEPTEMBER 1, 2000 BID AWARD FOR PURCHASE OF TRIPLE COMBINATION PUMPER FOR FIRE DEPARTMENT SEPTEMBER 1, 2000 This is before the City Commission to consider approval of a bid award in the amount of $299,604 to Ten 8 Fire Equipment Inc./Pierce as the lowest responsive, responsible bidder for the purchase of a triple combination pumper for the Fire Department. Three bids were received for the pumper truck. The apparent low bidder at $286,074.00, American LaFrance, did not meet the required specificafons as stated in the bid package. Based on staff review and evaluation the lowest responsive bid is from Ten 8 Fire Equipment Inc./Pierce. The recommendation for funding was that $165,117 of the total cost be charged to the current year as required in order to obtain discounts, with the balance of $134,487 to be paid out of the FY 2001 budget. Mr. Barcinski reviewed the Garage Fund and has suggested the entire $299,604 be funded from the current year budget through a transfer of $83,026 ($46,526 from vehicle restoration; $36,500 from Garage Fund surplus) into 501-3312-591-64.20 (Garage Fund/Vehicle Replacement). A copy of his memorandum is included in the backup material. I recommend approval of the bid award to Ten 8 Fire Equipment Inc./Pierce as the lowest responsive, responsible bidder for the triple combination pumper, and that the purchase be funded as recommended by Mr. Barcinski. RefiAgmemo14.Bid Award.Triple Combination Pumper. Fire Dept. MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Safford, Finance Director August 31, 2000 DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 05, 2000 - BID AWARD FOR PURCHASE OF TRIPLE COMBINATION PUMPER FOR FIRE DEPARTMENT FROM TEN 8 FIRE EQUIPMENT INC. / PIERCE Item Before Commission: City Commission is requested to approve the award for the purchase of one (1) Triple Combination Pumper for the Fire Department from Ten 8 Fire Equipment Inc. / Pierce for a total amount of $299,604 per Bid #2000-36. Background: Bids were received on August 09, 2000, from three vendors all in accordance with Purchasing Policies and Procedures. (Bid #2000-36 on file in the purchasing office.) A tabulation of bids is attached for your review. The Fire Chief is recommending award to Ten 8 Fire Equipment Inc. / Pierce for total amount of $299,604. This total reflects the discount trade-in value of $7,000 for a 1981 E-One 1250 Pumper and the $8,125 discount for the pre-payment amount of $165,117 for the chassis at the time the purchase order. The bid from Ten 8 Fire Equpment Inc. / Pierce offered the $8,125 discount at time purchase order is issued, or a $4,954.00 discount at time of completion of chassis. The City wishes to exercise the option of the pre-payment of $165,117 at the time the purchase order is issued. See attached memo dated August 21, 2000 from the Fire Chief, and memo dated August 28, 2000 from Ten 8 Fire Equipment Inc. / Pierce stating the pre-pay amount at time of purchase is issued. Recommendation was made to award to Ten 8 Fire Equipment Inc. / Pierce as the bids received from E-One and American La France did not meet the required specifications as stated in the bid package. See attached memo dated August 15, 2000 to Fire Chief from Lieutenant Edward Crelin. Recommendation: Staff recommends approval of award to Ten 8 Fire Equipment Inc. / Pierce for the purchase of a triple combination pumper for the Fire Department for a total amount of $299,604. Funding from account code 501-3312-591-64.20 for $165,117 for current fiscal year and $134,487 to come out of fiscal year 2001 budget. Attachments: Tabulation of Bids Memo from Fire Chief. Memo From Lt. Crelin Memo From Ten 8 TO: David T. Harden, City Manager ~IECEIVED FROM: Robert A. Barcinski, Assistant City Manager ~ g ~ 0 ~ ?~tfl DATE: August 31, 2000 CITY IViANAGEIR Budget Transfer for Purchase of Pumper SUBJECT: I am proposing a transfer of $83,026 to cover the entire cost of the new pumper, $46,526 from vehicle restoration and $36,500 from fund surplus. If we proceed with this transfer we can encumber the entire cost of the pumper this fiscal year without impacting next years funding. The total cost for all vehicle replacements and restoration exceeded my original estimates in December 1999 for the following reasons: 1. Pumper $9,604 over original estimate 2. Bucket truck rehab about $9,000 more than estimate 3. Additional vehicle restorations not anticipated at approximately $9,000 4. Costs for vehicles that were delivered in September 1999 that were charged in FY 2000 The other option we would have would be to proceed as proposed in Jackie Rooney's agenda memo i.e. charge $165,117 in the current year as required to obtain discounts and charge the balance of $134,487 in next years budget reducing the amount available next year. Joe Safford can approve either option. If we use $36,500 in surplus we will only have about $6,000 left. RAB/tas Cc: Joe Safford Chief Robert Rehr Doc:Memo to DTH m budget transfer for purchase of pumper AUGUST 09, 2000 TABULATION OF BIDS BID #2000-36 PURCHASE OF TRIPLE COMBINATION PUMPER FOR THE FIRE DEPARTMENT VENDOR NAME AMERICAN LAFRANCE CORPORATION EMERGENCY ONE, 1NC. PIERCE MANUFACTURING INC. TOTAL PRICE ONE (1) TRIPLE COMBINATION PUMPER (ALS ENGINE) TOTAL MINUS DISCOUNTS $302,974.00 $286,074.00 $317,329.00 $301,223.00 $314,729.00 $299,604.00 BRAND NAME AND MODEL NUMBER AMERICAN LAFRANCE BRIGADE PUMPER ANTICIPATED SHIP DATE 210 - 270 CALENDAR DAYS EMERGENCY ONE C400 RESCUE PUMPER ON CYCLONE II CHASSIS PIERCE DASH 2000 TRIPLE COMBINATION PUMPER 240 CALENDAR DAYS 180-200 CALENDAR DAYS PRE-PAYMENT DISCOUNT OPTIONS - AT TIME PURCHASE ORDER IS ISSUED pRE-PAYMENT DICOUNT OPTIONS - AT TIME OF COMPLETTION OF CHASSIS $2,535.00 OR $5,365.0O $11,106.00 $8,125.00 OR $4,954.00 (90 DAYS PRIOR TO COMLETION) VEHICLE TRADE IN OPTION- 1981 E-ONE 1250 PUMPER $11,000.00 $5,000.00 $7,000.00 COMMENTS/ EXCEPTIONS BID BOND SUBMITTED W/BID NO BID BOND BID BOND SUBMITTED W/BID FIRE DEPARTMENT SERVING DELRAY BEACH DELRAY BEACH 1993 TO: MORANDUM JACKIE ROONEY, PURCHASING OFFICER FROM: ROBERT B. REHR, FIIkE CHIEF DATE: AUGUST 21, 2000 SUBJECT: RECOMMENDED AWARD OF BID #2000-36 · GULFSTREAM · HIGHLAND BEACH The City of Delray Beach Fire -Rescue Apparatus and Equipment Committee have developed and submitted a specification to purchase a triple combination pumper for our Fire-Rescue Department. Bid #2000-36 xvas mailed to or picked up by eleven vendors of which three (3) vendors returned their sealed bid. We have reviewed their bids (see attached letter from Lt. Edward Crelin) and we recommend that the contract be awarded to Pierce Manufacturing Inc of Appleton, Wisconsin, in the amount of $299, 604. This amount would take advantage of botb pre-pa3qnen! discount option, at the time purchase order is issued, and the vehicle trade-in option, (see attached tabulation of bids). Funding for this vehicle is available in budget line 501-3312-591-64-20 of our vehicle replacement program. If I can be of fnrther assistance to you please call me on 243-7410. 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 TO: FROM: DATE: ROBERT REHR, FIRE CHIEF EDWARD CRELIN, LIEUTENANT August 15, 2000 SUBJECT: ENGINE SPECIFICATIONS After an exten~ivc review of the three submitted bids Lt. Giaccone and I have concluded the follo,¥ing: ~ The E-ONE bid-spec followed the provisions of our spec with the exception of eight items, ,vhich they list in their spec alternatives that could be acceptable, however they were the highest of the three bids. The PIERCE bid-spec followed the provisions of our spec with the exception of two items, which they have listed alternatives for these items that exceed our specification. The AMERICAN LA FRANCE bid-spec did NOT follow our specification in several areas: 1. The spec lists a 134" cab, which does not meet our seating configuration. 2. The spec lists a rear axle capacity of 27,000 lbs. instead of our 31,000 lbs. 3. There is no 110-volt a/c unit on the roof; instead they added an additional unit to the motor. 4. While they added the a/c unit to the motor they spec a smaller amp alternator. 5. The 5" front suction does not swivel nor is their a hose well for the soft suction hose 6. There are two hose wells in the front bumper for 1 ~" hose instead of one. 7. The EMS cabinet in thejumpseat area is mounted in the center position rear instead of the passenger side seat riser. 8. Water level tank gauge is a sight tube only. 9. There is no steering stabilizer on the front axle to assist in ~0nt tire blow out or the tire leaving the road. 10.The speedlay trays are to carry 150' of hose not 200' 11 .There are 5" hose wells cut on each side in the running boards. 12.The quartz lights are telescoping not tripod removable 13.The exhaust system is not a vertical stack. 14.The AMKUS hose reels are 100' not 150' 15.The paint color is listed as two level white and lime green 16.There are two inspection trips listed for our personnel to Ocala the plant is in N.C. 1 TAn Electronic Fire Commander pump controller and a DDEC III ECM, instead of the Class I Captain pressure governor system. There were several other discrepan~cies in the AMERICAN LA FRANCE bid that are not note worthy at this time. It is the recommendation of the APPARATUS AND EQUIPMENT COMMITTEE that we purchase the Pierce Dash 2000 according to their bid. If you need any further explanation of these items or assistance in general I will be more than happy to assist. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITS) COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM/OA - REGULAR MEETING OF SEPTEMBER 7~ 2000 RESOLUTION NO. 65-00 (TENTATIVE MILLAGE LEVY) SEPTEMBER 1, 2000 Resolution No. 65-00 tentatively levies a tax on all properties in the City of Delray Beach for FY 2001 as follows: 7.26 mills for operation and maintenance of the General Fund 0.69 mills for the payment of principal and interest on bonded indebtedness 7.95 mills = tentative millage rate The tentative millage rate of 7.95 mills is three-tenths of a mill more than FY 2000. The rolled back rate calculated under the TRIM law for operating purposes is 6.5949 mills. The tentative millage rate is 10.09% above the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $3,388,032,757. The assessed valuation for debt service is $3,388,505,318. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Final adoption of the FY 2001 budget is scheduled for September 19, 2000. Recommend approval of Resolution No. 65-00. RefiAgmemo20.Res65-O0.Tentative Millage Levy. FY 2001 RESOLUTION NO. 65-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.26 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2000, and ending September 30, 2001. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $3,388,032,757. The tentative operating millage rate of $7.26 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.5949 per one thousand dollars ($1,000.00) by 10.09%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,212,920. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.69 per one thousand dollars ($I,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2000, and ending September 30, 2001, upon the taxable property of the City of Delray Beach, the assessed valuation being $3,388,505,318. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. 7,2000. 2000. Section 4. That a public hearing was held on the proposed budget on September PASSED AND ADOPTED in regular session on this the 7th day of September, MAYOR ATTEST: 2 Res. No. 65-00 TO: FROM: SUBJECT: DATE: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~P~ AGENDA ITEM /0/~ - REGULAR M~ETING OF SEPTEMBER 7, 2000 RESOLUTION NO. 66-00 (TENTATIVE MIl.Id&GE LEVY IN THE DDA TAXING~ SEPTEMBER 1, 2000 Resolution No. 66-00 tentatively levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. This tentative millage exceeds the 0.92 rolled back rate calculated under the TRIM law by 8.97%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2001. Recommend approval of Resolution No. 66-00. Final adoption of the DDA tax levy for FY 2001 is scheduled for September 19, 2000. Ref:Agrnemo20.Res66-00.Tentative IXfillage Lew. DDA.FY 2001 RESOLUTION NO. 66-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2000, and ending September 30, 2001. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $147,449,259. The tentative operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.9177 per one thousand dollars ($1,000.00) by 8.97%. Section 2. That the above tentative millage rate is adopted pursuant is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 7, 2000. PASSED AND ADOPTED in regular ses~t~ ~ ~f ~~ MAYOR ATTEST: Ci~ Clerk SECTION I 2000 PALM BEACH CERTIFICATE OF TAXABLE VALUE Year County To Delra¥ Beach - D.D.A. (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) (5) Current Year Net New Taxable Value (New Construction + Addition~ + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxaple Value (4) - (5) (Name of Taxing Authority) t47,449,259 0 0 147,449,259 164,334 147,284,925 135,167,654 DR*420 R.01/95 (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ I do hereby cedify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official , this the ~ day of/~' JUNE 2000. signature at West Palm Beach, FI. T-.,aD(IN'G AUTRO~IT¥: It this portion Ut the form is not completed in PULL your Authority will be denied I ~IM certihcation and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ i .0000 Per $1,000 (9) Pdor Year Ad Valorem Proceeds (7)x (8) $ 135,168 (10) Current Year Rolled-Back Rate (9) / (6) $ 0.9177 ParS1,000 (11) Current Year Proposed Operating Millage Rate $ 1.0000 Per $1,000 (12) Check one (1) TYPE of Taxing Authority -- - County .... Municipality I~ Independent ~-~ Dependent r~ Municipal Service ~ ! Multi-County ...... Special District ~ Special District ' Taxing Unit ' (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for V~[~J~.~ $ -0- Per $1,000 (15} Current Year V I $ -0- Per $1,000 -DEPENDENT SPECIAL-DISTRICTS-SKIP-lines (16)~[h~Y~O~Y(22)- (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ n/a & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) $ n/a (18) The Current Year Aggregate Rolled-back Rate: (17) / (6) $ n/a Per $1,000 (19) Current Year Aggregate Rolled-backTaxes: (4) x (18) $ n/a (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ n/a Taxing Authority, all Dependent Districts. & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) / (4) $ (22) Current Year Proposed Rate as a PERCENT CHANGE OF Roiled-back Rate: $ [(Line 21 / Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: September .5. 2000 at 7:00 l~.m. Commission Chamber. 100 ~W l~t Avenue. D~]ray I do hereby certify the milfages and ra es shown herein to be correct to the best of my knowledge and belief. FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S~NITNESS my hand a,~d O~cial ,/I _t / ~ 1' David '~.. Harden ~',~k~ "~,/~J~"~, ~'~ty Manaser Same "'/ '~' ~ 1,O.O_.NW_J ~ t &v~ma e a.,ng ^ooress Delray Beach, Florida --State city n/a Per $1,000 n/a · at City Mall, City Joseph M. Safford, Director of Finance 561-2~3-7 ! 16 33444 Zip Phone Numoer SEE INSTRUCTIONS ON REVERSE SIDE 5 61-2-43~L66-- [%1 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM /0 ~ - REGULAR MEETING OF SEPTEMBER 7~ 2000 RESOLUTION NO. 6%00 (TENTATIVE BUDGET ADOPTION FOR FY 2001) SEPTEMBER 1, 2000 Resolution No. 67-00 makes tentative appropriations of sums of money for all necessary expenditures of the City for fiscal year 2000. The budget summary that was advertised in anticipation of the tentative adoption reflected a millage rate of 8.15 mills. The tentative millage has since been reduced to 7.95 mills, A revised budget summary (Exhibit "A" to the resolution) reflecting the lower millage rate will be provided to you prior to the meeting. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Final adoption of the budget for FY 2001 is scheduled for September 19, 2000. Recommend approval of Resolution No. 67-00. R¢fiAgmemo20.Res67-00.Tentative Budget Adoption.FY 2001 RESOLUTION NO. 67-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1s'r DAY OF OCTOBER, 2000, TO THE 30TM DAY OF SEPTEMBER, 2001; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 2000, and ending the 30th day of September, 2001, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the I st day of October, 2000, and ending the 30th day of September, 2001. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2000, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 2000. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 2000. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approx?al of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Seetion 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sam amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That a public hearing was held on the tentative tax levy and the tentative budget on September 7, 2000. Section 10. That this resolution shall become effective immediately upon its passage. 2000. PASSED AND ADOPTED in regular session on this the 7th day of September, ATTEST: MAYOR 2 Res. No. 67-00 EXHIBIT A BUDGET SUMMARY CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES Minages 7.26 0.69 GENERAL FUND DOWNTOWN DEVELOPMENT ENTERPRISE FUND FUNDS 397,000 60,520 675,230 SPECIAL REVENUE FUNDS TOTAL 0 1,132,750 23,377,610 2,221,170 45,O0O 1,545,400 3,168,500 6,439,000 2,350,610 5,868,460 5,005,950 739,500 3,070,110 2,758,910 140,080 128,000 28,533,750 6,000 1,232,100 50,000 23,377,610 2,221,170 45,000 140,080 1,545,400 3,168,500 6,439,000 2,350,610 1,323,290 7,319,750 33,539,700 739,500 24,000 4,332,210 1,084,000 3,892,910 56,590,220 146,080 29,943,850 2,431,290 89,111,440 56,987,220 206,600 30,619,080 2,431,290 90,244,190 EXPENDITURES/EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 5,964,500 31,455,950 348,710 1,352,620 1,614,920 196,520 7,807,830 5,044,550 3,184,960 206,600 15,886,100 1,413,990 3,394,070 506,780 5,944,890 5,010,200 297,130 5,964,500 31,455,950 16,234,810 1,352,620 3,235,510 196,520 11,708,680 10,989,440 8,492,290 56,970,560 206,600 30,235,260 2,217,900 89,630,320 16,660 66,987,220 0 383,820 213,390 613,870 206,600 30,619,080 2,431,290 90,244,190 Res. No. 67-00 PROD BUDGET COMMENTS I would like to thank staff for their effort to ascertain the cost of publicizing the city. through special events. The total net cost, if you include 50,000 for supervisory time, comes to $ 250,000. We were surprised to hear that the commission put a cap of S0 events ~ when we have police morale problems already with a smaller number. Fifty events is virtually one per week. This is excessive. It seems to us that we should be reducing the number of events after analyzing their benefit on a individual basis. Furthermore there seems to be an assumption that once an event is given it will go on indefinitely. There should be a review each year to see if they are in fact productive for the city and the downtown merchants. We also subsidize the Chamber whose prime function is to publicize the city. PROD would like to compliment Commissioner Peariman for reminding the commission that their new focus was to be on the neighborhoods and requesting money for them in this years budget. Although the mantra for years has been as value in the CRA area go up the rest of the city follows. This is simply not always true. Chatelaine has had their values decrease. We have had calls from people in Chatelaine, Delray Shore and Rainberry Lakes that their neighborhoods were becoming blighted. It is time that the city recognized that neighborhood improvement is not limited to those in the CRA area only. The tax revenue from the two thirds of the city that is not part of the CRA has had to absorb the increase, after other revenues, in General Fund expenditures for fifteen years. This will continue for the next 19 years. You cannot expect them to do this if their values are going down while those in the CRA are going up. You also cannot expect those same neighborhoods to be enthused about General Fund money for projects in the CRA area that are not essential. The CRA has more money at their disposal each year and the Chamber and the CRA must stop asking for subsidies for everything they do. You were ali elected on the basis of your concern for neighborhoods. That concern must be city wide. We suggest that the city cut some spending in areas that are strictly made to publicize the city and give that money to neighborhoods outside of the CRA that need help. Jean Beer Budget comments. My personal comments are as follows. Is over $500,000 a year a logical amount for the city to spend publicizing itself?. When you look at the total amount of money spent on publicizing the city you must include the Tennis Stadium costs. According to that audit the deficit was 259,000 and Mr. Dubbin agrees that we will be paying CITRIX for the next two years. Unless some income is generated you should figure that amount into the total. It is interesting to note that the Tennis Stadium is nowhere in this budget. Some policy needs to be set so that there is limit as to how much the city spends on publicity. This is after all a function of the Chamber and the CRA. We have great projections based on assumptions ofthe amount generated to the merchants from these events but no facts, and in fact hardly overwhelming attendance. The city needs to set some new policies in regard to how much city funds will be expended to subsidize the maintenance of non-profit organizations. For example we have been maintaining the Women's Club for over fifty years. We also subsidize the Chamber and the Library. I have been told that we will "always" have to subsidize Old School Square. Old School Square now wants to expand, yet it cannot cover its operating budget for what it has now. They need to become fully able to do so before taking on more. Should you think I am opposed to the city subsidizing the Library that is not true. Some services are essential to a city. If we are in favor of any expansion it should be the Library. CITY COMMISSION DOCUMENTATION TO: DAVmT..ARD , C MA.AGER SUBJECT: MEETING OF SEPTEMBER 7, 2000 ~u/L/ CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.12, PC (PLANNED COMMERCIAL) ZONING DISTRICT REGULATIONS, IMPLEMENTING PROVISIONS OF THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT PLAN. I BACKGROUND I In March of this year, the Planning and Zoning Board reviewed the draft plan for Redevelopment Area ~6, which is located in the vicinity of Lindelt Boulevard and South Federal Highway. The Board recommended approval of the Redevelopment Plan, which was subsequently approved by the City Commission. The plan and its associated Comprehensive Plan amendments were fo~arded to the FJorida Depa~ment of Community Affaim (DCA) for review (CPA 2000-01). DCA has reviewed the amendment and has no obje~ions to the proposed te~ changes. The Redevelopment Ama is zoned Planned Commemial (PC). In order to implement the provisions of the Redevelopment Plan that deal with the nature and type of development that is desired in the area, it is necessa~ to amend the PC zoning district regulations. In pa~icular, the Redevelopment Plan encourages mixed-use development and allows residential dens~ties up to 16 units per acm, subject to pedormance standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. To accommodate the goals of the redevetopment plan the attached amendments am necessa~. Additional background and an analysis of the request am found in the attached Planning and Zoning Board staff mpo~. I The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 22, 2000. There was no public testimony regarding the proposed LDR te~ amendment. After discussing the amendment, the Board voted 6-0 vote (Bird absent) to recommend approval of the amendment. I I By motion, approve on first reading a te~ amendment to LDR Section 4.4.12, PC (Planned Commercial) zoning distri~ regulations, implementing provisions of the Lindell Boulevard/FederaJ Highway Redevelopment Plan, based upon positive findings with respect to LDR Section 2.4.5(M)(5), and seffing a public hearing date of September 19, 2000. A~achmen~: P&Z Staff Report and Documentation of May 22, 2000 Ordinance by Others /O.D. ORDINANCE NO. 22-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEl .RAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SUBSECTION 4.4.12(D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED", AND SUBSECTION 4.4.12(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO IMPLEMENT PROVISIONS OF THE REDEVELOPMENT PLAN FOR THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT AREA #6; PRO\rIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing held on May 22, 2000, and voted unanimously to recommend that the changes be approved; and WHEREAS, pursuant to HoNda Statute 163.3174(4)(c), the plarmmg and Zoning Board, sitting as the Local Planning AgencT, has determined that the changes are consistent with and further the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.12, "Planned Commercial (PC) District", Subsection 4.4.12(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Deltay Beach, be and the same is hereby amended to read as follows: Section 4.4.12 Planned Commercial (PC) District (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified m the Lindell/Federal (Redevelopment Area #6~ Overlay District by Section 4.4.12(G): ' (1) .All uses allowed as such within the GC District [Section 4.4.9021)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g. concerts, hve performances). Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.12, "Planned Commercial (PC) Disthct", Subsection 4.4.12(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Dekay Beach, be and the same is hereby amended to read as follows: Section 4.4.12 Planned Commercial (PC) District (G) Supplemental District Regulations: In addition to t:Yhe supplemental district regulations a~ set forth in Article 4.6~ shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District .(Redevelopment Area #6) shall be consistent with the t~rovisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Highway on the west. the C-15 Canal on the south. Federal Highway on the east, and Avenue K (.extended) on the north, multiple £amiIy residential development with densities of up to 16 units acre is allowed as a conditional use. subject to the provisions of LDR Section 4.4.6, RM (Medium Density ResidentiaB Zoning District. subsection (I). Performance Standards, and based upon development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (33 Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section $. That this ordinance shall become effective mediately upon its passage on second and final reading. 2 Ord. No. 22-00 the PASSED AND ADOPTED in regular session on second and final read/ag on this __ day of ,2000. Al'lEST: MAYOR City Clerk First Reading Second Readmg 3 Ord. No. 22-00 MEETING OF: MAY 22, 2000 AGENDA ITEM: IV. A. AMENDMENT TO LDR SECTION 4.4.12, PLANNED COMMERCIAL (PC) ZONING DISTRICT ITEM BEFORE THE BOARD: The item before the Board is an amendment to LDR Section 4.4.12, Planned Commercial (PC) Zoning District, implementing provisions of the Redevelopment Plan for the Lindell/Federal area (Redevelopment Area #6). The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. In March of this year, the Planning and Zoning Board reviewed the draft plan for Redevelopment Area #6, which is located in the vicinity of Lindell Boulevard and South Federal Highway. The Board recommended approval of the Redevelopment Plan, which was subsequently approved by the City Commission. The plan and its associated Comprehensive Plan amendments was forwarded to the Florida Department of Community Affairs (DCA) for review. It is anticipated that DCA will transmit its comments in July, after which the plan and the amendments can be formally adopted by the City Commission. The Redevelopment Area is zoned Planned Commercial (PC). In order to implement the provisions of the Redevelopment Plan that deal with the nature and type of development that is desired in the area, it is necessary to amend the PC zoning district regulations. This amendment and an associated conditional use application are being forwarded to the Planning and Zoning Board at this time for review and recommendation. However, final consideration of the amendment and conditional use by the City Commission will be delayed pending receipt and consideration of DCA's comments. ANALYSIS II The amendment relates primarily to the supplemental regulations portion of the zoning regulations. It states that any development that occurs within the designated Redevelopment Area must be consistent with the adopted plan for the area. Also, as provided for in the Redevelopment Plan, it allows residential densities of up to 16 units P&Z Board Memorandum Staff Report LDR Amendment Re: PC Zoning District Page 2 per acre, subject to compliance with the performance standards of the RM (Medium Density Residential) zoning district and the additional criteria outlined in the plan. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The City has transmitted an amendment to Future Land Use Element Policy C-2.4 which states that future development of the area must be in accordance with the provisions of the Redevelopment Plan. This amendment will facilitate the desired types of development as specified in the plan, and is therefore consistent with, and furthers implementation of, this policy. By motion, recommend to the City Commission approval of the amendment to LDR Section 4.4.12 Planned Commercial Zoning District, subsections (D) and (G), as attached, based upon positive findings with respect to LDR Section 2.4.5(M). Attachment: · Proposed Amendment PROPOSED LDR AMENDMENT Section 4.4.12 PC Planned Commercial (PC) District (D) Conditional Uses and Structures Allowed: allowed as conditional uses within the PC District except as modified Lindell/Federal (Redevelopment Area #6) Overlay District by Section 4.4.12 (G): (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) The following uses are in the Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) AND (G) Supplemental District ReRulations: In addition to ti:he supplemental district regulations as set forth in Article 4.6, the followin.q shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area ~) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Hiqhway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subiect to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) zoninq district, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (3) Dwellin.q units are permitted within the same structure as commercial uses with no restriction on the percentaRe of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. CITY COMMISSION DOCUMENTATION TO: FROM SUBJECT: DAVID T. HARDEN ClTY/'t~IIANAGE~ ,? - PAUL DORLING, AC~G PLANNING AND ZONING DIRECTOR MEETING OF SEPTEMBER 7~ 2000 ORDINANCE NUMBER 21- 00 FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 00-2 BACKGROUND The City Commission initiated Comprehensive Plan Amendment 00-2 on August 1, 2000. This amendment generally focuses on the clarification of policies, and three amendments to the Future Land Use Map. The items included in the Plan Amendment are listed in an attachment to this memo, and are further described in the attached support documents. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held its public hearing regarding the amendment on August 21, 2000. No one from the public spoke in support of nor opposition to the amendment. After discussion, the Board recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 00-2 to the Florida Department of Community Affairs. RECOMMENDED ACTION By motion, approve Comprehensive Plan Amendment 00-2 on first reading and transmit the amendment to the Florida Department of Community Affairs. Attachments: · Summary of Comp Plan Amendment 00-2 · Comprehensive Plan 00-2 ?/7/°° S/~ongrange/00-2cctransmittal SUMMARY OF ITEMS IN COMP PLAN AMENDMENT 00-2 I Future Land Use Map amendments including: City initiated Future Land Use Map Amendment from County C/5 (Commemial with residential density of 5 units per acre) to City GC (General Commemial) for approximately 14.19 acres located at the southwest corner of Linton Boulevard and Military Trail (Palm Court Plaza). City initiated Future Land Use Map Amendment for 1.8+/- 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. Combined City and privately initiated Future Land Use Map amendment from GC (General Commercial) and RDA #5 (Redevelopment Area # 5) to CC ( Commercial Core) for 6.4 acres. Text amendments including: Future Land Use Element · 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. Housinf:l Element · 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 restrictions on 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. Transportation Element · 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. Open Space and Recreation Element · 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. Public Facilities Element · Modification of Public Facilities Element C-2.1 to reflect completion of the required study and the City's annual CIP commitment to fund necessary remedial work for sewer mains. · Modification of Public Facilities Element C-2.2 to reflect completion of the required study and the City's annual ClP commitment to fund the necessary remedial work for water mains, Coastal Management Element · 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. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AGENDA ITEM: August 21, 2000 IV.E. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 00-2 The item before the Board is that of recommending to the City Commission transmittal of Comprehensive Plan Amendment 00-2 to the Florida Department of Community Affairs. BACKGROUND/ANALYSiS: The City Commission initiated Comprehensive Plan Amendment 00-2 on August 1, 2000. The items which are included in the Plan Amendment included three amendments to the Future Land Use Map, and clarification and modification of several policies. Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment: Future Land Use Map amendments including: 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) for approximately 14.19 acres located at the southwest corner of Linton Boulevard and Military Trail (Palm Court Plaza). r~ City initiated Future Land Use Map Amendment for 1.8+/- 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. [] Combined City and privately initiated Future Land Use Map amendment from GC (General Commercial) and RDA #5 (Redevelopment Area # 5) to CC ( Commercial Core) for 6.4 acres. Text amendments including: Future Land Use Element · 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. P&Z Board Staff Repor~ IV.F. Comprehensive Plan Amendment 00-2 Page 2 Housin.q Element · 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 restrictions on 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. Transportation Element 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. Open Space and Recreation Element 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. Public Facilities Element Modification of Public Facilities Element C-2.1 to reflect completion of the required study and the City's annual CIP commitment to fund necessary remedial work for sewer mains. 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 for water mains. Coastal Mana,qement Element 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. By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 00-2, containing the material in the staff report and attachment. Attachment: Proposed Comprehensive Plan Amendment 00-2 S:~adv\comp\O02PZl ORDINANCE NO. 21-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2000-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; Al,I, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2000-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive phnning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Dekay Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2000-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 21, 2000, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2000-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2000-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two requi~ed public hearings on Comprehensive Plan Amendment 2000-2 was held by the City Commission on September 7, 2000, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) was received from the Florida Department of Community Affairs and said report was reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amem~n~ent 2000-2 was held on , in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF.I,RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2000-2", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2000-2". Section 4. That should any section or provision of this ordinance or any portions thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invahd, 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 all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depatunent of Commtmity Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. the PASSED AND ADOPTED in regnl,* session on second and final reading on this __ day of ., 2000. MAYOR A IT~ST: City Clerk First Reading Second Readmg Pa~e TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 00,2 AMENDMENTS TO THE FUTURE LAND USE MAP 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) located at the southwest corner of Linton Boulevard and Military Trail for approximately 14.19 Acres (Palm Court Plaza). City initiated Future Land Use Map Amendment for 1.8+/- 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). Combined City and privately initiated Future Land Use Map amendment from GC (General Commercial) and RDA #5 (Redevelopment Area # 5) to CC (Commercial Core) for 6.4 acres. 4 4 5 6 7 2 FUTURE LAND USE ELEMENT Table of Contents HOUSING ELEMENT Policy A-7.2 Priority of Redevelopment Plans Policy A-7.4 Moratorium on Public Fund Investment TRANSPORTATION ELEMENT Policy A-7.5 Lake Ida Road Policy A-6.1 LDR Design Requirements OPEN SPACE AND RECREATION ELEMENT Policy A-2.7 Neighborhood mini-parks MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /0' ~:7. REGULAR MEETING OF SEPTEMBER 7, 2000 ORDINANCE NO. 20-00 (AMENDING SUBSECTION 56.16(E) OF THE CODE OF ORDINANCES) AUGUST 30, 2000 This is second reading and a public hearing for Ordinance No. 20-00 which amends Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", by repealing Subsection 56.160E) and enacting a new Subsection 56.16(E) in order to remove any reference to the "Master Appraisal File" (MAD. It is basically a housekeeping item. This change was requested by the Engineering Division to update the data sources upon which the City may rely for the determination of impervious and total areas to be assessed for stormwater management. Palm Beach County no longer uses a "Master Appraisal File" which the previous subsection 56.16(E) referenced. The ordinance further specifies those data sources that the City may rely on now that the County no longer uses the MAF. At first reading on August 15m, the City Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 20-00 on second and final reading. RefiAgmemo21.Ord.20-00.Ch.56.Stormwater ORDINANCE NO. 20-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STORMWATER", SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION 56.16(E) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUBSECTION 56.16(E) AND ENACTING A NEW SUBSECTION 56.16(E) IN ORDER TO REMOVE ANY REFERENCE TO THE MASTER APPRAISAL FILE, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 56 was enacted to aid the City in financing and managing an effective stormwater management system; and WHEREAS, Subsection 56.16(E) establishes a method for determining the amount of impervious area and total area for parcels to be assessed pursuant to Chapter 56; and WHEREAS, Subsection 56.16(E) refers to the Master Appraisal File as a source of data for the impervious and total area of a parcel; and Palm Beach County determination of WHEREAS, Palm Beach County has ceased using a Master Appraisal File; and WHEREAS, the City Commission has determined that Subsection 56.16(E) should no longer refer to or utilize the Master Appraisal File as a source of data for the determination of impervious and total area of a parcel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Fifty-Six, "Stormwater", Section 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", Subsection 56.16(E) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. Section 2. That Chapter Fifty-Six, "Stormwater", Section 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", Subsection 56.16(E) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read: (E) The determination of impervious area and total area of a parcel shall be based on data from the Palm Beach County Property Appraiser's Office, Palm Beach County Board of County Commissioners Information Systems Services, ~eo~raphical information system analysis provided by the City of Delray Beach, from aerial photographs, asbuilts, or from information provided by the owner of such parcel if the information, as set forth above, is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of th~ Director. Information provided by an owner shall include, at his or her own cost, such information requested by the Director, includinq survey data certified by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. 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 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 upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final readin~ on this the 7th day of September , 2000. ATTEST: City Cl~rk ; MAYOR First Reading August 15, 2000 Second Reading September 7, 2000 2 ORD. NO. 20-00 TO: THRU: FROM: SUBJECT: DAVI~T. H~RD~N, ~I~TY MANAGER PAI.J~ DORt, ING.~ ACT, IN~ PLANNING AND ZONING DIRECTOR MEETING OF SEPTEMBER 7, 2000 VOLUNTARY ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL - 5 UNITS PER ACRE) TO CITY CF (COMMUNITY FACILITIES) WITH INITIAL ZONING OF CF (COMMUNITY FACILITIES) FOR PATHWAYS TO RECOVERY, INC., LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABALLAKES ROAD The subject property is a 3.50 acre parcel having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 units per acre) and County zoning of RH - Multi-family Residential (High Density). The proposal is to annex the property into the City, change the Future Land Use Map designation to City CF (Community Facilities), and apply an initial zoning designation of CF (Community Facilities). The property contains an existing 5,950 sq.ft, alcohol and drug abuse treatment facility. The existing facility is approved by the Florida Department of Children and Families for: I-I Medical Detoxiflcation Program -10 beds [] Level I and II Residential Treatment - (clinical services) [] Day/Night Treatment Services for Substance Abuse Clients A concurrent Conditional Use request is being processed involving an expansion to allow 96 new beds as part of the Level I and II treatment programs. The Conditional Use proposal includes the construction of four 5,184 sq.ft. 2-story residential buildings that include 12 bedrooms with double occupancy for a total of 24 beds/residents per building and a 6,860 sq.ft. 1-story multi-use activities building including a therapy center with individual private therapy rooms, group dining and kitchen facility. The Conditional Use request will be heard in conjunction with the second reading of the ordinance for annexation. At the request of the applicant, the second hearing of the ordinance has been scheduled for the October 3, 2000 meeting (see attached letter). Additional background and an analysis of the Annexation request are found in the attached Planning and Zoning Board Staff Report. At its meeting of August 21, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request for future annexation, small scale Future Land Use Map amendment, and initial zoning along with the conditional use request for expansion of the facility. Numerous members from the public spoke in opposition to the requests. Most of the opposition centered around the Conditional Use request and concerns over the intensity of the use and the close proximity of site to the school (Banyan Creek Elementary School), which is situated along the east side of the facility. In addition, numerous letters of opposition were received. Severat members from the public did speak in favor of the request. After reviewing the staff report and discussing the proposal, the Board voted 5-1 (Eliopoulous absent, Carter dissenting) to recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City CF (Community Facilities), and initial zoning designation of CF (Community Facilities) for Pathways to Recovery, Inc., based upon positive findings with respect to LDR Section 3.1.1, Section 3.2.2, Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following: That the property is contiguous, reasonably compact and does not create an enclave; and That services will be 3rovided to the property in a manner similar to other properties within the City. By motion, approve on first reading the ordinance for Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City CF (Community Facilities) and initial zoning designation of CF (Community Facilities) for Pathways to Recovery, Inc., based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of October 3, 2000. Attachments: P& Z Staff Repor~ and Documentation of August 21, 2000 WEINER & ARONSON, P.A. ATTORNEYS AT LAW MICHAEL S. WEINER CAROLE J. ARONSON OF COUNSEL: SUSAN C. RAY LL.M., Estate Planning OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer 102 North Swinton Avenue Delray Beach, Florida 33444 Phone:(561 ) 265-2666 Fax: (561)272-6831 E-mail: delraylaw@beIIsouth.net August18,2000 Mr. Paul Dorling Acting Director of Planning & Zoning City of Delray Beach Planning & Zoning Department 100 NW 1st Avenue Delray Beach, Florida 33444 Via Hand Delivery Re: Pathways for Recovery Our File No.:BOMA003 Dear Paul: Thank you for meeting with us this moming. As we discussed, I will be away from my office from Friday, September 15, 2000 through Tuesday, September 26, 2000. I understand the schedule with respect to the hearings for Pathways to Recovery includes a hearing on August 21, 2000 and first reading on September 7, 2000. This would place a second reading on September 19, 2000 when I will be unavailable. I scheduled this time out of the office based on the last hearing schedule and before the change to "CF" zoning. I would appreciate it if the hearing of September 19, 2000 could be schedule on October 3, 2000 accommodating my presence. ,<.~T?ank you in advance for your consideration. If for some reason ~.his is not possibie, would you se otify me immediately. enclosures cc: Pathways for Recovery Attention: Mr. Allen Bombart (via telecopier) Mr. Kerry Kilday (via telecopier) O:\B OMA003\pauldow. aug 18.wpd RECE!VED ORDINANCE NO. 23-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELtLAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF CF (COMMUNITY FACILITIES) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Pathways to Recovery, Inc. is the fee simple owner of a 3.50 acre parcel of land located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road; and WHEREAS, Michael S. Weiner, Esquire, as duly authorized agent for the fee simple owner hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 umts/acre); and WHEREAS, the Advisory Future Land Use Map (FLUIV0 designation for the subject property in the City of Delray Beach, Florida, is CF (Commudity Facilities); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map ~dopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of t_his proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hea£mg and considered the subject matter at its meeting of August 21, 2000, and voted 5 to I to recommend that the requests be approved with an initial zoning of CF (Commun/ty Fa(flities), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follov(mg described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North 521.00 feet of the South 771.00 feet of the West One-Quarter (W 1/4) of the Northwest One-Quarter (NV~ 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS the West 40.00 feet for road right-of-way, more particularly described as follows: Commencing at the Southwest comer of the Northwest One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East; thence run North 0 degrees 00'00" East, along the West line of said NW 1/4, NE 1/~ a distance of 250.13 feet to a point on said West line, also b(mg the center line of Bar~ff~ck Road (80' road right-of-way); thence run South 88 degrees 10'24" East, a distance of 40.00 feet to a point on the East right-of-way line of Barwick Road and the point of beginning; thence continue along the last described course a distance of 295.82 feet to a point on the East line of the West One-Quarter (W 1/4) of the NW 1/4, NE 1/4 of said Section 12; thence run North 0 degrees 04'35" East, along said East line a distance of 521.24 feet to a point; thence nm North 88 degrees 10'25" West, a distance of 296.52 feet to a point on the East right-of-way line of Barwick Road; thence run South 0 degrees 00'00" West along said East right-of-way line, a distance of 521.26 feet to the point of beginning. The subject property is located on the east side of Barwick Road approx/mately 250 feet north of Sabal Lakes Road; containing 3.50 acres, more or less. 2 Ord. No. 23-00 Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, mamunlfies, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormxvater Management Assessment levied by the City pursuant to its orclmances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the 1Lke, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as CF (Community Facil/ties). Section 6. That the City of Delray Beach elects to make this small scale amendment by haxfing only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in t}fis ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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. 3 Ord. No. 23-00 Section 10. That this ordinance shall become effective as follows: As to annexation, tmmed/ately upon passage on second and final reading; as to land use and zoning, ttmty- one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.31870), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Admimstrafion Cornrmssion, this amendment may nevertheless be made effective by adoption of a resolution affuxnmg its effective status, a copy of wkich resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2000. ATTEST: MAYOR City Clerk First Reading Second Reading 4 Ord. No. 23-00 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 21, 2000 IV.A. Future Land Use Map Amendment from County MR-5 (Medium Density - 5 Units per Acre) to City CF (Community Facilities) and Associated Annexation with Initial Zoning of CF (Community Facilities) for Pathways to Recovery, Inc., Located on the East Side of Barwick Road, Approximately 250 Feet North of Sable Lakes Road. GENERAL DATA: Owner/Applicant ......................... Pathways to Recovery, inc. Agent .......................................... Kieran J. Kilday, Kilday & Associates Location ..................................... East side of Barwick Road, approximately 250' north of Sabal Lakes Road. Property. Size .............................. 3.50 Acres Existing County Future Land Use Map Designation ................ County MR-5 (Medium Density Residential - 5 units/acre) Proposed City Future Land Use Map Designation ......................... City CF (Community Facilities) Existing County Zoning .............. County RH (High Density Residential) Proposed City Zoning ................. CF (Community Facilities) Adjacent Zoning ................ North: County RS (Single Family Residential) East: City CF (Community Facilities) South: County AR West: County AR Existing Land Usa ...................... A 5,950 sq.ft, alcohol and drug abuse treatment facility with associated parking and landscaping. Proposed Land Use .................... FLUM Amendment from County MR- 5 to City MD & Annexation with initial zoning of CF to obtain City services. Water Service ............................. Available via extension of an 8" water main from the existing 12" main at the intersection of Sabal Lakes Road and Barwick Road. Sewer Service ............................Available via extension of the existing 8" sewer main at the intersection of Sabal Lakes Road and Barwick Road. CANAL L-30 CANAL LAKE iDA ROAD The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County MR-5 (Medium Density ResidentiaJ - 5 units per acre) to City CF (Community Facilities) with initial zoning of CF (Community Facilities) for Pathways to Recovery, Inc. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road, and contains 3.50 acres. The subject property consists of two unplatted parcels of land, is currently located in unincorporated Palm Beach County and is zoned County RH - Multi-family Residential (High Density). The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property contains an existing 5,950 sq.ft, alcohol and drug abuse treatment facility with a 5-space asphalt parking area on the north side of the property, and a shellrock and grass parking area on the south side of the property. On October 6, 1966, the Palm Beach County Commission approved the original conditional use for a nursing home, convalescent home and a psychiatric hospital. On November 5, 1970, expansion of the conditional use was approved by the Palm Beach County Commission under Petition No. 23 and ratified by Resolution No. 3-CCC-70. The expansion included an office building and enlargement of the consultation facilities for mental health and medical professionals. In 1990, the property was purchased and occupied by Pathways to Recovery, Inc. On February 7, 1997, requests for Annexation, Future Land Use Map amendment and initial zoning of RM (Medium Density Residential) were submitted to the City. There was no development proposal associated with the requests. At its meeting of March 17, 1997, the Planning and Zoning Board held a public hearing in conjunction with the requests. There was public testimony from County residents (Golf Club Estates subdivision) requesting a density lower than the 8 units per acre recommended by staff. After reviewing the staff report and discussing the proposal, the Board voted (3-2) to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 du/ac). The petitions were withdrawn prior to final action by the City Commission. A request for Annexation, Future Land Use Map amendment and initial zoning of CF (Community Facilities) is now being proposed and is before the Board for action. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 2 The subject property is a 3.50 acre parcel having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 units per acre) and County zoning of RH - Multi- family Residential (High Density). The proposal is to annex the property into the City, change the Future Land Use Map designation to City CF (Community Facilities), and apply an initial zoning designation of CF (Community Facilities). The property contains an existing 5,950 sq.ff, alcohol and drug abuse treatment facility. The existing facility is approved by the Florida Department of Children and Families for: Medical Detoxification Program-10 beds Level I and II Residential Treatment- (clinical services) Day/Night Treatment Services for Substance Abuse Clients A concurrent Conditional Use request is being processed which involves an expansion to allow 96 new beds as part of the Level I and II treatment programs. The Conditional Use proposal includes the construction of four 5,184 sq.ft. 2-story residential buildings that include 12 bedrooms with double occupancy for a total of 24 beds/residents per building and a 6,860 sq.ft, l-story multi-use activities building including a therapy center with individual private therapy rooms, group dining and kitchen facility. Current Land Use Designations: The current County Future Land Use Map designation for the property is County MR-5 (Medium Density Residential - 5 du/ac). The current City "advisory" designation for this property is MD (Medium Density Residential 5-12 du/ac). Requested Land Use Designation: The requested Future Land Use Map change is to City CF (Community Facilities). Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 3 The proposed amendment does not involve the same property, or the same owner's proper~y within 200 feet of property, granted a change within a period of 12 months. That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 3.50 acre area, thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The last land use amendment request for the subject property was in 1997. The proposed amendment to CF (Community Facilities) is being processed concurrently with a request for annexation and initial zoning of CF (Community Facilities) to accommodate the existing alcohol and drug abuse treatment facility as an approved conditional use and its proposed expansion. The amendment to CF is to accommodate a community service type facility and does not involve density issues. The CF land use designation is consistent with the zoning designation of CF. The property is not located within a designated redevelopment or traffic concurrency exception area, nor is it within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, the zoning designation must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The CF land use designation is more appropriate then the advisory designation of MD given the long history of CF uses on this property. The proposed CF zoning designation is deemed consistent with both the proposed CF Future Land Use Map designation and the advisory designation of MD (Medium Density). The existing use (alcohol and drug abuse treatment facility) is allowed as a conditional use within the CF zoning district. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Rage 4 Consistency between the City and County Land Use Designations: The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. The proposed City Future Land Use Map designation for the property is CF (Community Facilities). While Medium Density Residential 5-12 du/ac is its current "advisory" designation, upon annexation, only the City's FLUM designation will apply. The City's CF designation is consistent with the existing County designation of MR-5 (Medium Density Residential - 5 units per acre), as both land use designations accommodate community type facilities. It is noted that the existing County RH zoning is inconsistent with the underlying County MR-5 FLUM designation. The annexation and application of the City's FLUM and zoning designations will eliminate this inconsistency. Adjacent Future Land Use Map Designations, Zoning Designations & Land Uses: North: North of the subject property has a Palm Beach County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned AR (Agricultural Residential). The existing use is a single family residence. South: South of the subject property has a Palm Beach County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned AR (Agricultural Residential). The existing use is a single family residence. East: The abutting property to the east has a City Future Land Use Map designation of CF-S (Community Facilities - School) and is zoned CF (Community Facilities). The existing use of the property is Banyan Creek Elementary School (constructed in 1988). West: West of the subject property has a Palm Beach County Future Land Use Map designation of MR-5 and is zoned AR (Agricultural Residential). The existing use of the property is Golf Club Estates single family subdivision. Allowable Land Uses: Under the proposed CF Future Land Use Map designation, A (Agriculture), CF (Community Facilities), and OS (Open Space) zoning districts are deemed consistent. The applicant has requested an initial zoning designation of CF (Community Facilities) which is consistent with the proposed land use designation and is most appropriate given the current use. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: r~ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes I~lanning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 5 in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The advisory MD (Medium Density Residential 5-12 du/ac) designation and the requested CF (Community Facilities) designation are of similar intensity in that they both allow uses that are residential in character. Also, the CF zone district is deemed consistent with all land use designations, except Conservation. The adjacent FLUM designations are primarily Iow density residential. The abutting properties (north and south) that currently have the advisory Medium Density designation are developed as Iow-density single family homes. The change to CF is to accommodate the existing substance abuse facility and eliminate potential density allowed under the Medium Density land use designation, which would have allowed up to 12 units per acre. Consistency - The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. As discussed later in this report, the requested FLUM designation of CF is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the CF land use designation and meet adopted concurrency standards. [] Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described in the Future Land Use Element of the Comprehensive Plan, the proposed CF land use designation is applied to current and future sites for public buildings and to current and single function (purpose) buildings which have been constructed for community related purposes and which are not commercial in nature. Pathways to Recovery is an existing community service type of facility that is residential in character. The CF zoning designation and the use as a substance abuse facility does not have a density cap as required in residential zoning districts and other health related uses (i.e. continuing care facilities and ALF's). The proposed CF FLUM and zoning designations are not a concern. The use has already been established at this site, and has co-existed with the surrounding Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 6 properties for a decade with no known problems. However, the proposed expansion and the intensification of the use are a concern and are discussed at length in the Conditional Use staff report. Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use and site plan approval request. There should be no problems complying with the Land Development Regulations. Florida Statutes Governing] Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". r~ The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within Annexation Area E, east of Military Trail, north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Woolbright Road on the north, and Atlantic Avenue to the south. One officer is Dlanning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 7 assigned to a particular zone during a shift (~hree shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently patrol the abutting school and the single family developments, 250 feet to the south, which are within the City limits. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 6 minutes of the County Fire Department (Indian Springs/Military Trail & Woolbright Road) to approximately 1.5 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). Water: The existing facility currently obtains water via a well system and municipal water service does not currently exist to the site. Municipal water service is available via extension of an 8" water main from the existing 12" main at the intersection of Barwick and Sabal Lakes Roads, 800 feet north to the subject property's north property line. Along the main fire hydrants would be installed every 400 feet, to provide adequate fire suppression for this area. However, upon annexation, the property will not be required to connect to the City's water system. This item will be further addressed with the proposal to expand the facility. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: The existing facility utilizes a septic system. Sewer service is not readily available to the site. Sewer service is available via extension of the existing 8" sewer main at the intersection of Barwick and Sabal Lakes Roads. The main will need to be extended 800 feet north to the subject property's north property line. This item will be further addressed with the proposal to expand the facility. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Upon annexation, connection to the City's sewer system will not be required. Streets: This property has direct access to Barwick Road, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the existing use as well as the proposed use expansion of an additional 96 beds. The existing 10-bed alcohol and drug abuse treatment facility generates approximately 50 trips per day. The addition of 96 beds will generate an additional 206 trips (256 total trips) onto the surrounding roadway network. Barwick Road is Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 8 operating at Level of Service C thus, there is adequate capacity to accommodate the additional trips from the proposed development. Parks and Open Space: The annexation of the property with its Community Facility use will not create an additional impact on park and recreational facilities. The Open Space and Recreation Element of the Comprehensive Plan indicates that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". Solid Waste: As there is no change in actual use at this time, there will be no impact on solid waste disposal. Trash generated each year by the proposed expansion will be approximately 55 tons. The Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. Thus, the trash generated by future expansion can be accommodated by existing facilities therefore, a positive finding with respect to this level of service standard can be made. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1999 tax year the Pathways to Recovery, Inc. had an assessed value of $436,306. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.9129 Library .5246 City of Delray Beach 6.9100 City of Delray Beach Debt .7400 4.2125 Deleted (County) Deleted (County) Added (City) Added (City) Difference* * Total tax millage in the County is 19.6117 mills while in the City the total millage rate is 23.8242 mills. The current yearly ad valorem taxes are $8,556,70. With annexation the yearly ad valorem taxes will be $10,394.64; a tax difference of $1,837.94. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located with the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $455.61. A further increase based upon new impervious sur[aces will be realized with future development/redevelopment of the site. 'Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 9 Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI (Browning- Ferris Industries), and the City's contract is currently through BFI. Therefore, the waste service provider will remain with BFI upon annexation. Occupational License Fees -The current County license fee for the facility is $30 per year. The City license fee for the office is $130. Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 98/99 County of 19.6117 to City 98/99 rate 23.8242 mills (4.2125). $1,837.94 NON AD VALOREM Stormwater Assessment $ 455.61 WATER & SEWER UTILITY FEES * $.00 OCCUPATIONAL LICENSE FEES $130.00 ANNUAL FINANCIAL IMPACT: $2,423.55 Water and Sewer fees will increase with consumption. SERVICE CONSIDERATIONS: FIRE RESPONSE EMS POLICE CODE ENFORCEMENT + + + Faster response time from (estimated time) 6.0 minutes (County) to 1.5 minutes (City) Faster response time from (estimated time) 6.0 minutes (County) to 1.5 minutes (City) Better response based upon more officers Pro-active vs reactive opportunity to work with property owners Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 10 Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt rate of 0.74 mills, the property will generate approximately $3,337.74 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. If water and sewer are installed, the associated rate will be a minimum $384.00 per year and would increase based upon consumption. The proposed initial City zoning designation is CF (Community Facilities) while the current County zoning designation is RH - Multi-family Residential (High Density). The surrounding zoning designations are: Palm Beach County AR (Agricultural Residential) to the north, south and west; and, City CF (Community Facilities) to the east. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed CF zoning designation is consistent with the proposed CF (Community Facilities) Future Land Use Map designation. Pursuant to LDR Section 4.4.21(D)(1), within the CF zone district, the existing alcohol and drug abuse treatment facility is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of land containing a substance abuse facility. VVhile there will be impact in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided, Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). t~lanning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 11 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property contains an existing alcohol and drug abuse treatment facility with associated parking. A site visit was conducted and revealed potential code violations (if annexed into the City) with regard to perimeter landscaping and parking on an unimproved (shellrock) surface. These conditions will be corrected with the proposal to expand the facility and the resulting 'site development plan will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. While a tree survey was not submitted with the current requests, a vegetation analysis was provided indicating that the bulk of the existing vegetation is located around the perimeter of the site. The site has been designed to retain most of the existing vegetation. However, along the east property, the predominate vegetation is exotics which will need to be removed with the development of the property. The installation of new landscaping will be required and should be of the same dense nature as currently exists to mitigate any potential negative impacts. Mitigation to reinstate any viable plant communities on site will be required and can further be addressed with the site plan request. The property can be developed in a manner that will be complementary to the adjacent and nearby properties with some changes to the proposed sketch plan. While the use as a substance abuse treatment facility does not fulfill a remaining land use need identified within the City's Comprehensive Plan, it is needed in the community, and is the catalyst for the expansion. Section 3.2.2 (Standards for Rezonin9 Actions): Standard B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lots sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood ~lanning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 12 Categorization Map. Requests for rezonings to a different zoning designation other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property and surrounding residences are designated as "Stable" on the Neighborhood Categorization Map. The rezoning is required in conjunction with the annexation request. The proposed CF zoning designation is consistent with the proposed CF Future Land Use Map designation. The CF zoning is more appropriate than a residential designation given the long history of CF type uses on the site. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The Community Facilities district is a special purpose zone district primarily, but not exclusively intended for locations at which facilities are provided to serve public, semi- public, and private purposes. Such purposes include religious, education, health care, social service and special facilities. Pathways to Recovery is a facility that promotes education and health care, and provides a social service for recovering substance abuse clientele. With the Conditional Use request for the expansion of the facility, conditions of approval can be imposed to decrease any potential negative impacts of the use such as limiting the number of beds allowed, the overall design of the site and increased setbacks and additional landscape buffers. It is also noted that the existing facility is residential in character and has co-existed with the adjacent properties for many years with no known problems. Section 2.4.5(D)($) (Rezoning Findings): Pursuant to Section 2.4.$(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a) That the zoning had previously been changed, or was originally established, in error; b) That there has been a change in circumstances which make the current zoning inappropriate; c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 13 The proposed Annexation, Future Land Use Map Amendment, and Rezoning constitutes a change in jurisdiction (Palm Beach County to City of Delray Beach), not a change in use as the treatment facility is an existing business operation. The property owner is desirous of Annexation into the City to obtain enhanced police, fire-rescue, and municipal service provision, including water and sewer service. As indicated on the Planning Area Map No. 11 in the City's Comprehensive Plan, the property is contiguous to the municipal boundary and the rezoning is consistent with the City's Comprehensive Plan. We believe the Annexation, Future Land Use Map Amendment, and Rezoning request is both logical and appropriate. Comment: The justification statement addresses Items "b" and "c" as the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The proposed rezoning is required concurrently with the Annexation and Future Land Use Map amendment requests. The requested CF zoning is of similar intensity as that allowed under the proposed City CF FLUM designation. The CF designation is more appropriate given the current use of the property as a social service facility. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On August 3rd, 2000, the City received a letter from the Palm Beach County Planning Division indicating that they had no objections to the proposed voluntary annexation. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: r~ Brandon Drive Homeowner's Association [] Chatelaine [] Country Manor [] Delray Shores [] Lake Forest South [2 PROD (Progressive Residents of Delray) n Rainberry Bay [] Rainberry lake [] Rainberry Woods [] President's Council [] United Property Owners ~lanning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 14 r~ Sabal Lakes II Homeowner's Association Public Notice: Formal public notibe has been provided to all property owners within a 500' radius of the subject property. There have been numerous responses from the adjacent neighborhoods in opposition and several letters of support to the accompanying conditional use request (copies attached). A letter has been received from the Palm Beach County School District stating that they did not oppose the annexation or the expansion. Additional letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested CF (Community Facilities) Future Land Use Map designation is of similar intensity as the current County MR-5 land use designation, and the CF zoning is consistent with the underlying land use and existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes, stormwater assessment fees and occupational license fees. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. D Continue with direction. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City CF (Community Facilities) and initial zoning designation of CF (Community Facilities) for Pathways to Recovery, Inc. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City CF (Community Facilities) and initial zoning designation of CF (Community Facilities) for Pathways to Recovery, Inc., with the basis stated. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City CF (Community Facilities) and initial zoning designation of CF (Community Facilities) for Pathways to Recovery, Inc., based upon positive findings with respect to LDR Section 3.1.1, Section 3.2.2, Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following: Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 15 That the ~roperty is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other properties within the City. Attachments: Location Map & Survey ~ ~ ~ ~ ] I! N PATHWAYS TO RECOVERY, INC. FUTURE ~ND USE MAP AMENDMENT FROM: COUN~ MR-5 C,T~ Or D~L~A, B~AC~, ~ TO: Cl~ MD (MEDIUM DENSI~ RESIDENTIAL, 5-12 UNITS/ACRE) CF ~PRD OS PLANNrNG D£PARTM[NT CITY OF [~[RAY B[ACH, FL PATHWAYS TO RECOVERY, INC. ANNEXATION WITH INITAL ZONING OF CF (COMMUNITY FACILITIES) },]OP--T~ THE SCHOOL DISTRICT OF PN.M SEaCH OOgflT~, FLORIDA FAGILITIJ~S MANABEMENT ~1~4 FOI~EST HI~ B~LEV~D, C~10 WEST ~M B~, FL 3~-~t3 (561) &~-8510 F~ (561) S57-7~9 01.26.1991 82:55 WILLIAM F. (SlLLI M&LONE BENJAMIN MARLIN August21,2000 Via telefax (561 ~ 24~-7221 and U.S. Mall Mr. Robin Bird, Chairman City of Delray Beach Planning and Zoning Board 100 Northwest ] = Avenue Dclray Beach, FL 33444 Re: Pathways Drug Treatment Center / ].and Use Amendment Petition No. 00-184 Dear Chairman Bird: ] am writing this letter on behalf of the Palm Beach County School District with respect to the Pathways Drug Rehabilitation Center's request for Land Use Amendment which is currently pending before you for consideration. As you may know, the Pathways Facility is currently ]ocatM adjacent to Banyan Creek Elementary School. Please be advised that this matter is cu~rcn'dy undergoing internal District review for any impact that the change in use may have on the operation of our school facility. The School District reserves all objections it may have concerning the Land Use Amendment pending our further review. Very truly yours, William F. M al one, Chief of Facilities School District of Palm Beach County c: Dr. B~njamin Marlin *Edward Oppcl Carol ~het]~r Linde Hines ]eanne Mills William Fay, Jr. 1 I:\UAI'A\LE( ;AL\&I.LI$DN~i ~ttcr;\comml,slongrWPD.w~d An Equal Opportunity Employer ***END*** John F. Kirkham 4536 Sunrise Blvd. Delray Beach, FI. 33445 July 19, 2000 To: Pathways to Recovery, Inc. 13132 Barwick Road Delra~ Beach, Fl. 33445 We sincerely regret that once again you have decided to harass our community with a proposal to alter zoning and use of the property on Barwick. The outcome of your last attempt was a willingness, on our part, to tolerate your operations on this property as long as there were no residents and no incidents effecting the community. This repeated attempt is now considered an act hostile to our single-family residential community and the period of tolerance is now ended. You are now a community nuisance. We will now b.egin to organize the communities of Golf Club Estates, Barwick Estates, and Sab{l[Lakes and the separate estate residents to the end that you will not only be blocked from converting this property to a resident treatment facility, but also your license to operate any facility in our community will be removed. We will ask the County and State to assure us that all of your operations at this site have been fully in compliance with the laws and regulations that govern your present use of the facility under its present zoning and license. My own home was robbed, as has many others in our community, and while we or the police could not directly link these events to your operation we have been suspicious that attendance at your facility led some of those who steal to support their dependencies to become familiar with our community. There will be many more issues brought up in the debate which I have not touched on here, i.e. your proximity to the School, traffic, people density, etc. This will be our third fight to block a resident treatment facility in our community; the first was over the property now occupied by Barwick Estates. Interesting how they always come up while many people are away for the summer. We understand that the particular interests of both your business and our community are at issue here and many of us expect that this issue will end up in the courts. We do, however, wish to inform you that you have lost all goodwill within this community and are not likely to ever regain any. We will use whatever civil, legal, and political means necessary to accomplish our goals. Our time frame is months, years, and decades if necessary. While I have written this letter, my use of the word We is the product of the conversations I have had with my neighbors. The consensus is absolute that it is time for -2- Pathways to leave our community. I will also share this letter with the Planning and Zoning Board, City Councilmen, City Manager, County Commissioners, County Manager. Department of Health, State Department of Health, and the Sherif£ There will be many more letters written and conversations held, and I believe there will also be a web site set up to help keep people informed and to keep an eye on your operation. I personally am very sorry that you have so little respect for your neighbors. Sincerely Yours, John F. Kirkham July 31, 2000 Frank and Cindy Mason 13387 Barwick Road Delray Beach, FL 33445 561-495-0386 David Schinidt, Mayor City of Delray Beach 100 NW Vt.Avenue Delray Beach, F1 33444 Dear Mr. Sckmidt: I would like to take this opportunity to express my objections to the changes being requested by Pathways. It is our understanding that Pathways is petitioning the Commission to permit annexation into the City of Delray Beach, re-zone the associated glopelty and ........... ~" '- '"" expailu tllu iltllno¢l oI Deu~ tllU J~acility - ~c ..... ^ ,.~. , · uxiv~. ~.L.ough i believe there is a real need for the services this facility offers, I also believe that this is not the appropriate location for such a facility. As you know the facility is located immediately adjacent to Banyan Creek Elementary School and hundreds of surrounding homes. Many children live, play and attend school in this area. It is our understanding that the facility currently has 10 beds. We are also aware that the properties immediately adjacent to the facility have had instances where patrons of Pathways have committed criminal trespassing by entering those properties and homes - that is a first degree felony. So we are not talking about childish misbehavior. We are concerned for our family's safety. Would you want this facility located in your neighborhood? Additionally, the facility is in very poor maintenance: The appearance from the street is a very poor reflection of the intention of the facility's management to be "good neighbors". The property is constantly un-mowed, strewn with garbage and generally un-kept. These problems will ..only be worse if the property were expanded. Ignoring the f~ct that children of all ages live, walk, bike and play all around this area, the facility has not represented to their neighbors that they are willing and capable of maintaining that facility at an acceptable level of security and maintenance - and there are only 10 beds. The xvriting is on the wall. Please read it!!! Please vote not to allow Pathways to annex into the city and to increase the size of the facility. This would be a tree detriment to our neighborhood. Sincerely, AUG 0 3 2D08 I To: The Defray Beth Ci~, Comn',imoners aud The l~.h~y~ for Ju~y 12, 2000 24, 2000 mect~ and I have che~ke~ ~he b~x which reflec~ my [~ ~ [~' AGAINST 0B/22/00 10:29 FAX eS4 946 9051 ?AWL G.,~RDh~R CO. ~ 001/001 faosimile TRANSMITTAL to: fax #: re: date: pages: Planning and Zoning Board 561-243 - 722 l P a;,.hways Program August 22, 2000 l, including this cover sheet. As a concerned citizen of the area bordering upon the proposed Pathways annexation and expansion, I am against such a proposal. I realize that such treatment facilit/cs arc necessary and, generally, support such programs. However, I am most concerned when they are located in neighborhoods which are near schools. It is better to have these pro~a~ra and facilities available in areas that are away fi`om schools and residential areas. In this case, we have a proposal to expand an existing facility and construct a 1 story multi-use building in an area zoned as residential. My opinion is that the Planning and Zoning Board should deny the proposal. Bill Bride 12740 Cocoa Pine Drive Boynton Beach, FL 33436 561..495-9975 Mund, Diana From: Sent: To: Subject: KNordt2080@aoLcom Wednesday, July 19, 2000 10:26 PM pzmail@delrayplanning.org Pathways Proposed Annexation II am a resident of City of Delray Beach, located at 1310 Lancewood Place east, Sabal Lakes and President of the Sabal Lakes II HOA. With reference to the proposed annexation and expansion of the Pathways facility, I wish to express my opposition to this plan due to the proximity to the Banyan Creek School, overwhelming residential makeup of the surrounding area and, most importantly, insufficient roadway access coupled with lack of public transportation. I plan to attend the meetings however wish to express my opinion for the record. Thank you. Page t of ! Mund, Diana From: kmaroney [kmaroney@mindspring.com] Sent: Wednesday, August 16, 2000 12:54 AM To: pzmail@delraypian ning.org Subject: website email Planning & Zoning Board I would like to voice my concerns regarding the annexation of the Pathways property along Barwick Road adjacent to the Banyan Elementary School. The Land Use change to Community Facilites from a Residential District is not appropriate for this area. This area is surrounded by single-family homes and is located next to an elementrary school in which this operation fits more into a medical district or within a multi- family district. This operation is a residential care facilitiy and should have a distance requirements from single-family homes and schools. My concern is that this is operation that serves substance abuse persons on a live-in basis which is planning to expand 10 fold, does not add to our property values, while the security of the residents and school children are in question. The residents have accepted the operation the way it stands without the live-in facilities but to take it to the extreme of providing 95 new beds has serious concerns with me. Sabal Lakes has become an outstanding community to live in and the property values have increased providing a better tax base. This type of operation would be determental to our neighborhood and the safety of our children. Please vote not to approve this facility. Thank You Ken & Patti Maroney Sabal Lakes Phase III g/! 6/00 Mund, Diana From: Sent: To: Subject: Pjones5870@aoLcom Tuesday, August 15, 2000 8:58 PM pzmail@delrayplanning.org annexation and expansion of pathways this letter is to show my opposition to the annexation and expansion of pathways recovery drug rehabilitation center. We recently purchased a house in Barwick Estates, just sw of pathways, a big reason that we chose the house is because of the location, and the school. I would not want my children in that school if this expansion is allowed. paula jones/mark rickets 1335 E. Barwick ranch cimle Delray beach, fl 33445 Mund, Diana From: Sent: To: Subject: SSheIBBQ@aol.com Sunday, August 13, 2000 2:55 PM pzmail@delrayplanning.org website%20email I am sure thatthis is a first of many complaints regarding the -- annexation and approval of a DRUG Rehab place we already wanted out of the neighborhood. To date it is true there have been no known problemsconcerning any of my loved ones, however, to expand to 95 beds and right next to a school ??? I am questioning anyones thinking. Likewise, wouldn't the school be within the DRUG FREE ZONE, making anyone in or approaching the PROPOSED facility a magnified danger, even by bureacratic standards ??? Please take this as my NO DOUBT ABOUT IT ---- VOTE NO for the REHAB Respectfully, Shannon Dudeck Mund, Diana From: Sent: To: Subject: KKSAMOSH@aol.com Monday, August 14, 2000 12:55 PM pzmail@delrayplanning.org Pathways to Recovery, Inc. Proposed Expansion / Zoning Request 8114/2000 Attn: City of Delray Beach PJanning & Zoning Board City Commission I am writing to express my opposition to the proposed zoning change and the expansion of Pathways to Recovery, Inc. As a parent, I am extremely concerned about the risks involved when you mix a drug and alcohol recovery program with a family neighborhood and elementary school. Realistically speaking, not every patient at the facility will want to "take the path" to recovery and anyone failing the treatment and walking out of the facility would certainly be far from any rational decision making or behavior at that point in time. I feel the facility would be better suited for a commercial area. I ask that you decline the request by Pathways, Inc. Thank you. Mrs. Kristie Mosher Mund, Diana From: Sent: To: Subject: Russ Weaver [russ@starmarkintl.com] Monday, August 14, 2000 3:07 PM pzmail@delrayplanning.org No to Pathways Expansion Planning Commission Please do not allow the city to annex the area of Delray Beach to allow for the expansion of Pathways Rehab Ctr. I am a resident of Sabal Lakes and strongly oppose the annexation. I believe in rehab and that those with such problems should be helped and given assistance, but not when the proposed site is right next door to an elementary school. What kind of example are we setting for our children to be educated next door to a Drug and Alcohol Rehab Ctr. What's next Juvenile Detention Ctrs or a State/Federal Prison build-out of Barwick Park. Why not. That way the general community of Delray can all have exposure similar sites that I'll be seeing everyday as I leave what I thought was a safe and secure community (that being Sabal Lakes). I oppose the annexation, and do not want the city to allow the expansion of Pathways. Russell Weaver 3753 South Lancewood Place Delray Beach, FL 33445 (561) 496-0501 TO: THRU: FROM: SUBJECT: D A~ PAUL bORLING, ACTt~ PLANNING~AND ZONING DIRECTOR SCOTT D. PAPE, SENIOR PLANNER,~[<~---"c..,~_- MEETING OF SEPTEMBER 7, 2000 FUTURE LAND USE MAP (FLUM) AMENDMENT FROM RDA #6 (REDEVELOPMENT AREA #6) TO GENERAL COMMERCIAL FOR 27.8 ACRES OF LAND LOCATED NORTH OF THE C-15 CANAL, SOUTH OF THE MORSE SATURN DEALERSHIP, BETWEE,,I FEDERAL HIGHWAY AND OLD DIXIE HIGHWAY (EXCLUDING THE SHERWOOD HONDA DEALERSHIP). In February 2000, a privately initiated development proposal was submitted for the 12 vacant acres at the southwest corner of Lindell Boulevard and Federal Highway, within Redevelopment Area #6. The proposal is a mixed-use development consisting of a 15,200 sq.ft. Walgreen's, 10,800 sq.ft, of Office Space, and 166 Multiple Family Dwelling Units. Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. The creation of the Redevelopment Plan has been accelerated and processed as part of the City's annual Comprehensive Plan Amendment 2000-1. The City Commission at its meeting of April 4, 2000 adopted the Plan on first reading, and transmitted it to the Florida Department of Community Affairs (DCA) for review. DCA generated an Objections, Recommendations and Comments Report (O.R.C. Report), which stated that until the land use designation changes noted in the Plan are applied, internal consistency of the Comprehensive Plan is not achieved. Therefore, the subject FLUM amended is necessary to achieve the required internal consistency identified in the O.R.C. Report. At its meeting of August 21, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke in opposition or support of the item. A letter of objection and petition containing 23 signatures was received and is attached. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Eliopoulos absent) to recommend approval of the Future Land Use Map amendment from RDA#6 (Redevelopment Area #6) to GC (General Commercial), based upon positive findings with respect to the Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations for Redevelopment Area #6. By motion, approve the Future Land Use Map amendment from RDA-6 to GC based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 3.1.1.(A) of the Land Development Regulations. Attachments: P& Z Staff Report and Documentation of August 21, 2000 Letter from Janet O'Brien, Dated August 14, 2000, and Petition. ORDINANCE NO. 24-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA #6 TO GC (GENERAL COMMERCIAL) FOR TWO PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, IN CONJUNCTION WITH THE ADOPTION OF THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT PLAN; PROVIDING A GENERAL REPEALER cLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Dekay Beach, Florida, as Redevelopment Area #6; and WHEREAS, at its meeting of August 21, 2000, the planning and Zoning Board for the City of Dekay Beach, as Local Planning Agency, reviewed this item at a pubhc hearing and voted to recommend approval of the FLUM amendment, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation of GC (General Commercial). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: NORTH PARCEL A parcel of land lying in Section 29, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point of intersection of the east right-of-way line of the Florida East Coast Railroad (FEC R_R) and the westerly projection of the south line of Lot 2, Plat of Morse Saturn Dealership (Plat Book 65, Page 107, as recorded in the Public Records of Palm Beach County, Florida); thence in an easterly direction along said projection, the south line of said Lot 2, and the easterly projection thereof, to a point of intersection with the centerlme of U.S. Highway 1 (Federal Highway); thence in a southerly direction, along said centerline of U.S. Highway 1, to a point of intersection with the easterly extension of the north line of the Plat of Sherwood Honda (Plat Book 49, Page 157, as recorded in the Public Records of Palm Beach County, Florida); thence in a westerly direction along said projection, and north line of said Plat of Sherwood Honda, and the westerly projection thereof, to a point of intersection with the east right-of-way line of the FEC RR; thence in a northerly direction, along said right-of-way Line, to the point of beginning. SOUTH PARCEL A parcel of land lying in Section 29, Township 46 South, Range 43 East, and Section 32, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point of intersection of the east right-of-xvay line of the Florida East Coast Raikoad (FEC RR) and the westerly projection of the centerline of Avenue K (as shown in the Plat of Del-Raton Park, Plat Book 14, Pages 9 & 10, as recorded in the Public Records of Palm Beach County, Florida); thence in an easterly direction along said projection, and the centerlme of Avenue K, and the easterly projection thereof to a point of intersection with the centerlme of U.S. Highway 1 (Federal Highxvay); thence in a southerly direction, along said centerline of U.S. Highway 1, to a point of intersection with the centerline of the C-15 Canal; thence in a xvesterly direction along said centerline of canal, to a point of intersection with the east right-of-way line of the FEC RR; thence in a northerly direction, along said right-of-way line of the FEC ILK, to the point of beginning. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Redevelopment Area #6 to GC (General Commercial). 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 orclmance 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 thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. if challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Admimstration Comrmssion, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration CorrmUssion, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2000. MAYOR ATTEST: City Clerk First Reading Second Reading PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 21,2000 IV.D City Initiated Future Land Use Map Amendments From Redevelopment Area # 6 to GC (General Commercial) in Conjunction with the Adoption of the Lindetl / Federal Highway Redevelopment Plan. GENERAL DATA: Owners ....................................... Various Applicant ..................................... City of Delray Beach Location ...................................... NoAh side of the C-15 Canal, lying between South Federal Highway and Old Dixie Highway Property Size .............................. 27.8 - acres Existing F.L.U.M. Designation .... RDA-6 (Redevelopment Area #6) Proposed F.LUM. Designation GC (Genera] Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................. North: AC (Automotive Commercial) East: PC South: AC & City of Boca Raton West: RM (Multiple Family Residential- Medium Density) & CD (Conservation District) Existing Land Use ........................ Vacant land, mobile homes, single family residences, Retail Uses. Service Uses, Landscape Nursery, & abandoned rights-of- ways. Proposed Land Use ..................... Future Land Use Map Amendments from RDA-6 to GC in conjunction with the adoption of Lindell / Federal Highway Redevelopment Plan~ Water Service ............................. n/a Sewer Service ............................ n/a AGENDA ITEM: IV.D ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendment from RDA-6 (Redevelopment Area #6) to GC (General Commercial) associated with the Lindell Boulevard/Federal Highway Redevelopment Plan. Redevelopment Area #6 is located, between Dixie and Federal Highways, the C-15 canal on the south and the Morse Saturn Dealership on the north (excluding the Sherwood Honda Dealership), and contains approximately 27.8 acres (See attached map). Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. In February 2000, a privately initiated development proposal was submitted for the 12 vacant acres at the southwest corner of Lindell Boulevard and Federal Highway, within ' Redevelopment Area #6. The proposal is a mixed-use development consisting of a 15,200 sq.ft. Walgreen's, 10,800 sq.ft, of Office Space, and 166 Multiple Family Dwelling Units. Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. As the overall proposal required amending existing Comprehensive Plan policies, it was necessary to prepare a Redevelopment Plan that addresses these issues prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan has been accelerated and processed as part of the City's annual Comprehensive Plan Amendment 2000-1. The Planning and Zoning Board considered the Redevelopment Plan for Redevelopment Area #6 at its meeting of March 20, 2000 and recommended adoption to the City Commission. The City Commission at its meeting of April 4, 2000 adopted the Plan on first reading, and transmitted it to the Florida Department of Community Affairs (DCA) for review. DCA generated an Objections, Recommendations and Comments Report (O.R.C. Report), which stated that until underlying land use designations are applied as identified in the Redevelopment Plan, internal consistency of the Comprehensive Plan is not achieved. Therefore, the action before the Board is in response to the ORC report and is seeking the amendments necessary to achieve the required interna~ consistency. P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 2 FUTURE LAND USE MAP AMENDMENT ANALYSIS This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land' uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #6 and the proposed designation is GC (General Commercial). The proposed redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The description of the GC designation in the City's Comprehensive Plan is being amended as part of Comprehensive Plan Amendment 2000-1, to allow a maximum proposed density of 16 units per acre in Redevelopment Area #6. The current zoning designation for the entire redevelopment area is PC (Planned Commercial). The proposed GC (General Commercial) Future Land Use Map designation is consistent with the PC zoning district. The development proposal to construct a mixed-use project consisting of retail and office uses as well as a multiple family component are allowed within the PC zone district, and is also one of the development scenarios described in the redevelopment plan. City Commission consideration of the associated conditional use request for the multi-family component wilt occur subsequent to adoption of the Redevelopment Plan and associated text amendments. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: [] Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the P & Z Board Staff Repot[ FLUM Amendment for Redevelopment Area #6 Page 3 findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#6 is no longer appropriate given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designation of GC (General Commercial) and demonstrated need are contained within the prepared plan for the area. [3 Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas as identified on the City's Future Land Use Map are described within the Future Land Use Element. A Redevelopment Area designation acts as a holding zone for a site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. A Plan has been prepared for Redevelopment Area #6, which recommends that an underlying land use designation of GC (General Commercial) be applied to the area. The Redevelopment Plan will allow a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria listed in the r Redevelopment Plan and performance standards of the Land Development Regulations (LDRs). The proposed density exceeds that which is currently permitted by the Comprehensive Plan and Land Development Regulations (12 units per acre). To accommodate directives identified in the Redevelopment Plan, the description of General Commercial land use within the Comprehensive Plan is being amended with Comprehensive Plan Amendment 2000-1 to accommodate residential densities up to 16 units per acre subject to conditional use approval. Once amended the GC designation will allow all of the development scenarios contemplated in the Redevelopment Plan. In addition changes are being made to Future Land Use Element Objective C-2, and Policy C-2.4 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. Finally, an amendment to Housing Element Policy B-2.6 is also being processed to include the Lindell/Federal area as an area where new rental housing should be directed. The proposed GC FLUM designation will be consistent with the goals, objectives and policies of the Comprehensive Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. r~ Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency was reviewed with the Redevelopment Plan and again with the Conditional Use request described earlier for the vacant 12 acres south of Lindell Boulevard, in the PC zone district. Positive findings with respect to concurrency were made at that time for this site specific development proposal. P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 4 In comparing the existing Future Land Use Map designation of RDA #6 and the proposed General Commercial Future Land Use Map designation with respect to concurrency, the following is noted. Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Given the above, the entire redevelopment area can currently be developed under a commercial zoning designation, at intensities identical to those available under the proposed FLUM designation of General Commercial. In effect, the proposed GC Land Use Map designation represents a less intense development potential than the RDA #6 designation, as GC must be developed consistent with the Redevelopment Plan. This plan encourages mixed-use development, which will introduce office and residential uses into the potential land use mix. As those uses generate less traffic than retail commercial uses currently allowed, the net result of this land use change will be a reduction in overall traffic. Future development within the Redevelopment Area will require a development specific finding of traffic concurrency. It is noted Federal Highway is scheduled for expansion to six lanes in approximately 2010 in the County's 2020 Long-Range Plan. If development within the Redevelopment Area exceed currently acceptable levels of service they would have two option, the first is to fund the necessary road improvements to meet traffic concurrency or defer development until the funded improvement is built pursuant to the schedule of the 2020 Long Range Plan. r~ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area, A mixture of commercial, residential and automotive uses surrounds the Lindell/Federal Redevelopment Area. The commercial uses east of Federal Highway include a dental office, drapery store, and automobile leasing and sales, as well as several shopping centers (Dumar Plaza, the Delray Shopping Center, and the Pelican Harbor Shoppes). These centers contain retail shops, restaurants, and offices. The Delray Shopping Center, which is the largest of the three, has had a vacant grocery store space available for lease ever since the Winn Dixie store left several years ago. The current anchors are a silk plant store that is going out of business and several consignment stores. All of these uses have an underlying land use designation of GC (General Commercial). Residential uses east of these centers include Pelican Harbor, Pelican Pointe, Tropic Harbor, Tropic View, and Tropic Bay, all of which are primarily multi-family and have an underlying land use designation of MD (Medium Density Residential 5-12 du/ac). Located to the north of the Redevelopment Area is the Morse Saturn Automotive Dealership. The Sherwood Honda Automotive Dealership divides the Del Raton Travel Trailer Park from the rest of the Redevelopment Area. The automotive uses have an underlying land use designation of GC. To the west of the Redevelopment Area are residential uses that include The Point condominiums, and the Tropic Palms single family subdivision which have an underlying land use designation of MD. To the south across the C-15 canal from the Redevelopment Area is property P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 5 located within the City of Boca Raton that is vacant and has a zoning designation that allows for mixed industrial development. Based on the above, the predominate FLUM designation of the surrounding areas are GC and MD. The requested FLUM designation of GC for Redevelopment Area #6 will be compatible with the existing and future land uses of the surrounding area. r~ Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations has been addressed with review of the conditional use request, and will be further reviewed with the site plan approval request. There should be no problems complying with the Land Development Regulations. REVIEW BY OTHERS : I The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have associations: been provided to the following civic and homeowners Tropic Bay HOA Tropic Harbor COA Tropic Isles HOA Tropic Palms HOA Pelican Harbor HOA Pelican Pointe HOA Progressive Residents of Delray (PROD) President's Council City of Boca Raton Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT I The existing Redevelopment Area #6 was applied to the subject properties until a redevelopment plan for the area was prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan the underlying land use P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 6 designations having an RDA #6 Future Land Use Map designation are being changed to GC (General Commercial), which is consistent with the current zoning designation of PC. The GC FLUM designation will allow the property to be developed pursuant to the prepared Redevelopment Plan for the Lindell and Federal Highway area. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations, and the policies of the Comprehensive Plan. I il :. ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of the Future Land Use Map amendment from RDA-6 to GC based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1 (Required Findings) of the Land Development Regulations for Redevelopment Area #6. Recommend to the City Commission denial of the Future Land Use Map amendments from RDA-6 to GC based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the FLUM amendment fails to fulfill one of the basis for which a FLUM amendment should be granted for Redevelopment Area #6. :STAFF RECOMMENDATION Recommend to the City Commission approval of the Future Land Use Map amendment from RDA-6 (Redevelopment Area #6) to GC (General Commercial) based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations for Redevelopment Area #6. Attachments: ~ Future Land Use Map [~ Zoning Map ~ ' I ~ t=-- ~// , X~ ~~ I~1 I ~~' ~ II~~ ~~~~ ~ ~ ? N REDEVELOPMENT AREA ~ 6 ~ FUTURE ~ND USE MAP AMENDMENT FROM: RDA-6 (REDEVELOPMENT AREA-6 :,~ ~- o[~.~ ~c~, r~ TO: GC (GENE~L COMMERC[~) PARK MORSE DELRAY RAOUET COUNTRY RM ESTATE CONDOS OSR TRUCKS SHERWOOD PON~AC TOYOTA CURLEW ROAD CD DELRA Y KIA DELRAY TOYOTA A'~ENUE RM MORSE SA TURN DUMAR HONDA DELRA Y SHOPPING CENTER THE O~NTE CONDO CITY OF BOCA RATON N REDEVELOPMENT AREA Ct 6 - EXISTING ZONING DISTRICTS - Subj: RE: UNDELL BLVD./FEDERAL HWY. EEDEVELOPMENT PLAN Date: 8/14/00 4:05:47 PM Eastern Daylight T~me From: Jano~J8 To: spape~)delray planning, org I am an o~cer of the Tropic Harbor Association at 800 Tropic Isle Ddve and have concerns about the increase in traffic at the abo~e intersection when the proposed plan is developed. I am opposed to changing the zoning f~om 12 units per acre to 14 units per acre. On 14 acres, that would add an additional 28 units with an increase of 28 to 56 vehicles exiting the devalopment at an already accident-prone intersection. My second concern is the danger at that intersection with traffic from a Walgreen store in addition to the apartment units. I urge that turning lanes be edcled and that turning signals be edde(~ to the existing traffic light pdor to the development. I am aware that v~ can't stop the development, but I hope the above suggestions will be gi~n careful consideration. Janet O'Brien (272-9340) TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: pLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE TIlE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY IIEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner t TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: pLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARDfFEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE TIlE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN 'RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE THE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERS_E .C~I'_ ~ION.~ 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE Tl~E DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE THE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR AssOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH. AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC ItARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE TitE PLAN TO INCREASE TgiE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE TI4E DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEA~q-LY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~'~ciTY ~NAGER AGENDA ITEM/c~. C.- REGULAR MEETING OF SEPTEMBER 7, 2000_ ~)RDINANCE NO. 25-00 (GARBAGE & TRASH RATES) SEPTEMBER 1, 2000 Tkis is first reading for Ordinance No. 25-00 x~hich adjusts the garbage and trash rates for FY 2001 in accordance xvith our £rancbJse agreement with BFI for residential and commercial collection service. The collection portion of the sanitation rates reflects a 3% increase for FY 2001 in accordance with the Consumer Price Index. Disposal rates remain the same as last year. Recommend approval of Ordinance No. 25-00 on first reading. Ref:Agmemo21.Ord.25-00-Garbage & Trash Rates. FY 2001 ORDINANCE NO. 25-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2001; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT oRDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That Tide V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The folloxv/ng service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection $ 2.75 2.83 Recycling 1.49 1.53 Yard Trash 1.39 1.43 Bulk Trash 0.69 0.71 Total Fees- Contractor $ 6.32 6.50 Cart Replacement Administrative Fee Franch/se Fees (5%) 0.90 0.35 0.32 0.33 Total Fees 8O8 Reardoor Owner Container Monthly Service Cost Per Unit Garbage Collection $ 8.~, ~, ~8.69 Recycling 4~49 1.5~ Yard Trash 1.-39 1.43 Bulk Trash 0.69 0.71. Total Fees - Contractor $ ..... 12.36 Admirfistrative Fee Franchise Fee (5%) 0.35 0.60 9.62 Total Fees $ .... 13.33 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $1.72 1.77 Recycling 1.29 1.33 Yard Trash 1.39 !.43 n r.n 0.71 Bulk Trash .... $ .... 5.24 Total Fees - Contractor ~ no Adnhnistrative Fee Franchise Fee (5%) 0.35 0.25 0.26 Total Fees $ · <n 5.85 2 Ord. No. 25-00 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of Lack of suitable space for a mechanical container or other good reason. Multiple-£amily monthly fees shall include a container charge and per unit charge. If the amount of refuse generated requires more than txvo (2) times per xveek collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multiple-Family Rates Container Monthly Maintenance Charge (Based on a bi-weekly pickup) Container Size Monthly Cost Franchise Fee Total Container Fees 2 yd. $19.40 $1.94 $21.34 3 yd. 21.44 2.14 23.58 4 yd. 22.21 2.22 24.43 6 yd. 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $1.44 1.48 Recycling 0.85 0.88 Total Per Unit Fee-Contractor $2.29 2.36 Admirfistrative Fee Franchise Fee (10%) 0.35 0.23 0.24 Total Monthly Fees Per Unit $2.87 2.95 (C) Commercial (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers~ Commercial customers may use any of the following containers for accumulation of refuse: 3 Ord. No. 25-00 (a) Rollout carts. The City shall require any commercLal customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the oxvner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by-mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 2 yd 1 2 3 4 5 6 Collection $ 9.27 4o ~ ..... 9.53 19.05 28.58 38.10 47.63 57.16 Disposal 16.28 32.56 48.84 65.12 81.40 97.68 Container Maintenance Fee 19.40 19.40 19.40 .19.40 19.40 19.40 Total Contractor Fees $ 44.95 -*n an 45.21 71.01 96.82 122.62 148.43 174.24 Franchise Fees (10%) ~ r.n 12.16 14.71 17.27 ~1.50 7.05 .... 4.52 7.10 9.68 12.26 14.84 17.42 Total Fees $49~ $~ ~ 49.73 78.11 106.80 134.88 163.27 191.66 Ord. No. 25-00 3 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees ..... $ ..... $69.50 $ .... 0 14.29 28.58_ 42.87 ~57.16 71.45 85.73 24.42 48.84 73,26 97.68 122.11 146.53 21.44 21.44 21.44 ~1.44 21.44 21.44 $ ...... $251.37 rn'*r, ..... $1 ..... $~74.72 °~ ~ nc 60.t5 98.86 137.57 176.2~ 215.00 253.70 5.98 9.81 12,64 17.4___~27 21.3~1 85.14 6.02 9.89 13.76 17.63 .21.50 _25.37 66.17 108.75 151.33 193.91 236.50 279.07 4 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees $ ..... $74.13 $92.66 $18.53 $ 37.06 19.05 38.10 57.16 76.21 95.26 114.31 32.56 65.12 97.68 130.25 162.81 195.37 22.21 22.21 22.21 22.21 22.21 22.21 73.82 125.43 177.05 228.67 280.28 331.89 7.33 12.44 17.55 22 66 27.77 ~ oo 7.38 12.54 17.71 22.87 28.03 33.19 81.20 137.97 194.76 251.54 308.31. 365.08 5 Ord. No. 25-00 6 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees $ ...... $1 ..... ..... $ ..... $111.19 ~ooo zr.'m 27.S0 $~r'n o~An 28.58 57.16 85.7~ 114.31 142.89 ~171.47 48.84 97.68 146.53 195.37 244.21 293.05 25.53 25.53 25.53 25.53 25.53 25.53 ~102.95 180.37 257.79 335.21 412.63 490.05 10.22 ~'·, .w Qo . 25.55 -- 33.21 . 40 . S7 -~,~.~ Ao r4. 10.30 J8.04 25.78 33.52 .41.26 49.01 $ ...... $449~ ~ n~ $112.~9 1hr 113.25 198.41 283 5~ 368.73 453.89 539.06 8 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees $ ...... $222 39 38.10 76.21 114.31 152.42 190.52 228.62 65.12 130.25 195.37 260.49 325.62 390.74 27.09 27.09 27.09 27.09 27.09 27.09 $129.27 $231.~7 ~ ~ 130.31 233.55 336.77 440.00 543.23 646.45 12.93 ............... 13.03 23.36 33.68 44.00 54.32 64.6[ 143.34 256.91 370.45 484.00 597.55 711.10 6 Ord. No. 25-00 Commercial/Multi-Family Rolloff Containers: Open-top rolloff container $95.00 per pickup plus disposal cost Compactors $95.00 per pickup plus disposal cost; PLUS monthly container rental = 15 Yard $250.00 20 Yard 295.00 30 Yard 345.00 40 Yard 395.00 Excludes commercial recycling and construction/demolition debris. 95-Gallon Cart Service Pickups Per Week Collection* Disposal Container ~ Fr. Fee Total Fee 1_ $14.3314.76 $8.14 $2.00 $-24*4-7 24.90 $2.45 2.49 $26.92 -27.39 _2 25..55 .26.42 16.28 2.00 434~ .44.90 4.39 4.47 4-8-.3g 49.17 _3 36.95 38.06 24.42 2.00 63.37 64.48 6.3(1 6.45 69.71 70.93 4 48.25 49.70 32.56 2.00 o'~ o4 84.26 ~ ~ 8.43 ~ rm 92.69 _5 59.57 ~1.36 40.70 2.00 t02.27 104.06 10.23 J0.41 112.50 114.46 6 70.87 73.00 48.84 2.00 121.71 123.84 t2.17 .12.38 133.88 !36.2:2 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority t/pping fee to be effecdve October 1, 1999 2000. (D) The charges set forth above for mechanical containers and rollout carts shall accrue and be payable on the total capacity of the container whether or not it is fall. Containers of the type and size designated by the City or provided by the City's contractor shall be used. 7 Ord. No. 25-00 Sec6on 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repea)ed. Secdon 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Sec6on 4. That this ordinance shall become effective on October 1, 2000. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2000. A'ITEST: MAYOR CiW Clerk First Reading Second Reading 8 Ord. No. 25-00 MEMORANDUM To: From: Date: David Harden, City Manager /~Milena Walinski CGFO, Acting Finance Director July 19, 2000 Subject: Recommended Changes to Purchasing Limits Changes are being recommended to existing purchasing limits to ease the administrative burden on departments and also to increase the threshold for competitive bids from $10,000 to $15,000, which will bring competitive bid limits in line with FS 287.057. Although the State has a higher threshold for construction and associated design services, I do not feel the City would benefit from that change. Ple'ase review the requested changes. Purchases from $1 to $1,000 No quotes required. Department Head must approve. Department will make every attempt to receive two (2) quotes, verbal, electronic or written for items over $500. Use of Purchasing Card when appropriate. Purchases awarded by ' ' · Purchases from $1,001 to $5,999 Three (3) quotes, verbal, electronic or written required, or, utilize contract by local, State, Federal agency or cooperative purchasing group. Purchases awarded by Purchasing Supervisor. Purchases from $6,000 to $14,999 Three (3) written quotes or utilize contract by local, State, Federal agency or cooperative purchasing group. Award to lowest responsible and responsive bidder. Requires City Manager approval. 4. Purchase over $15,000 Formal competitive bid/quote Requires City Commission approval As a note, if Ordinance No. 36 is changed, please update title changes from Purchasing Officer and Purchasing Administrator to Purchasing Supervisor. mlw Doc: purch limit chg C: Joseph M. Safford, Finance Director Jackie Rooney, Purchasing Supervisor ATTORNEY'S OFFICE DELRAY BEACH Ali. America City 'tll ' ® DATE: TO: Writer's Direct Line: 561/243-7091 MEMORANDUM August 26, 2000 David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance Changes to Chapter 36 - City Purchasing Attached is the revised proposed ordinance modifying the City's purchasing ordinance. The proposed ordinance primarily provides for the following: (1) There are changes in the $1,000 or less purchasing category to allow for purchasing card use. (2) There is an increase from $10,000 to $15,000 as the upper limit for purchase approval by the City Manager. I believe the ordinance limits have not changed since 1983. The ordinance, however, retains the provision of City Commission approval if the award is not to the lowest bidder. (3) The ordinance updates certain personnel titles. (4) The ordinance provides for electronic responses for acquisitions up to $6,000. If the ordinance is acceptable to you, please place on an upcoming City Commission agenda. Please call if you have any questions. Attachment CCi Alison MacGregor Harty, City Clerk Joseph Safford, Finance Director Milena Walinski, Assistant Finance Director Jackie Rooney, Purchasing Supervisor ORDINANCE NO. 17-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SUBHEADING "CITY PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.02, "ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES"; BY AMENDING SECTION 36.03, "VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE"; BY AMENDING SECTION 36.05, "BIDDING PROCEDURES", SUBSECTION (C); BY AMENDING SECTION 36.08, "EMERGENCY PURCHASES"; AMENDING SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS" BY AMENDING SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION"; BY AMENDING SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE FOR A STREAMLINED PROCEDURE FOR PURCHASES UNDER $1,000.00, TO ADD ELECTRONIC BIDS/QUOTES FOR PURCHASES UNDER $6,000.00, TO PROVIDE FOR CHANGES IN THE CITY'S PURCHASING LIMITS AND TO CORRECT CERTAIN TITLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to update the Code of Ordinances regarding certain purchasing limitations and to reflect current rifles of persons revolved in various aspects of the City's purchasing procedure; and WHEREAS, the need to revise certain limits is appropriate and will partially adjust for the impact of inflation since the original limits were adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Subheading "City Purchasing", Section 36.02, "Acquisition of Personal Property, Supplies or Contractual Senfces", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 36.02 ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES. Whenever the City shall seek to acquire personal property, supplies, or contractual services, the following procedures shall be implemented Ly tlc P~zz~.;gLW~ Of£ccr: (A) For acquisitions of personal property, suppl/es, or contractual sen'ices costing ..... ~ ....may ~ ...... ~a by the Purchasing Of~qccr under $1,000.00, the Depain~ent Head or v ................ Super~fsur may'a~rove the acquisition and award the purchase to the best competent vendor © ..... Supervisor or without City' Manager or Commission rexfew. However, the purchasing rc~_ Department ~4ead will, insofar as it is practical, obtain two (2) quotations, either c~zal verbally, ~ or in writing xv~ttcn, for purchases bem, een,~,,,,,.v.,e'an thC~ $500.00 and $1,000.00. If a purchase order is used, the Purchasing Supenfisor shall award and sigma the purchase order. (B) For acquisitions costing $1,000 or more, but less than $6,000.00, purchases may ing ~cc.~_ Su ervisor aftcz ~,- i~ .................. ~T ........... J be awarded by ~e Purchas ...... p M~n:gcr ~r I:~:~o.s,,~a-~: ..... ~,,~a after ~e P~chasmg ~ Supe~fsor ur ~s/her desi~ee has eider: (1) Sohcited competitive bids/quotes, verbally~ or in writing, from at least th.tee different sources of supply, when available; or (2) Utilized a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. (C) Fo~ acquisitions costing $6,000 or more, but less than $10,000.00 $15,000.00, purchases may be awarded by the Pm'chasing Of~qzcr Super~4sor to the low responsible bidder, subject to City Manager approval. Where the proposed award is not to the loxv bidder, the bids/quotes shall go to the Citl.' corrmUssion for rexfew and award. Awards will be made only after the Purchasing ©fficcr Superx-isor or his/her designee has either: (1) Solicited competitive bids/quotes, in writing, from at least three different sources of supply, when available; or (2) Urili=ed a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. (D) For acquisitions of $I0,000 $15,000 and up, purchases shall be made by the Purchasing Of.qccr Superx4sor after the comrmssion has reviewed and awarded the bid/quote. Bids/quotes shall be secured in the manner prescribed in subpaxagraph (E) of this section. CE) Conditions for securing formal bids/quotes. The Purchasing Of Eccr Supervisor shall either: (1) Solicit competitive bids/quotes in a formal written manner from at least three different sources of supply when available; or (2) Utilize a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. 2 Ord. No. 17-00 Section 2. That Chapter 36, "Finance; City Property Transactions'~, Subheading "City Purchasing", Section 36.03, '%ramnces Between the Bid/Quote and Acquisition Price", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 36.03 VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE. The Purchasing vk4miv~,~-ot-Supervisor shall have the authority to make purchases for personal property, supplies, or contractual services under Section 36.02 if the delivered price does not either: (A) Exceed ten percent (10%) or $1,000, whichever is loxver, of the bid/quote price of the axvarded vendor; or (t3) Does not exceed the next lowest bidder, subject to cra'rent price verification. Section 3. That Chapter 36, "Finance; Ci~ Propert3.' Transactions", Subheading "Cit~' Purchasing", Section 36.05, "Bidding Procedures", Subsection 36.05(C), of the Code of Ordinances of the City of Dekay Beach is hereby amended to read as follows: Section 36.05 BIDDING PROCEDURES. (C) One-price, cost-phis, and dollar amount bids. Im4tations to bid shall define the nature of the bid in terms of these categories as a one-price bid, a cost-phis bid, cost-plus fi`xed fee bid, or a dollar amount as it may be determined by a stated formula (but only one category shall be defined in the invitation). (1) In the case of a one-price bid, the xvhole cost to the CiB' shall be inclusive of all cost and expense elements as engineering, legal, or technical consultation fees, job-preparation expense, insurance premiums, shipping charges, stand-by me, and the lixing or traveling expenses of job personnel (although a detailed schedule of all costs and expenses shall not be required to be disclosed in the case of a one-price bid), together with a schedule of proposed terms of payment and any allowable discounts. (2) A cost-plus, or any sliding scale, bid may be invited with the concerted approval of the City Manager and the Director of Pu~Sz \Vc, rl~: Em4ronmental_ Services in the case of a proposed project for xvhich reasonable cost or expense estimates do not appear feasible (as in the ease of a project involxfng possible removal of unknown quantities of concealed rock). Under this circumstance, the bid shall set forth the total of all of the details of determinable costs and expenses together x~Sth schedules of the variable cost elements as unit-costs, per diem costs, and the like, as are required by the bid invitation. 3 Ord. No. 17-00 Section 4. That Chapter 36, "Finance; CiD, ProperD' Transactions", Subheading "City Purchasing", Section 36,08, "Emergency Purchases", of the Code of Ordinances of the City of Deb:ay Beach is hereby amended to read as follows: Section 36.08 EMERGENCY PURCHASES. The provisions of Section 36.02 notxvithstanding, the City Manager or Ms designee, as specified in wrimag, shall have the authority to make certain emergency purchases only when the health, safety, or general welfare of all or a significant specified portion of the residents of the City are affected. (A) The City Manager shall institute written administrative procedures for the proper execution of the emergency purchases by CiD? administrative staff as set forth herein. $10,v ..... 03) For emergency purchases which are not anticipated to exceed ~ n~ $15,000.00, the CiD' Manager shall have the authority to waive the provisions set forth in Section 36.02 of this chapter, and shall subsequently so nofif3, the City Commission of such emergency purchase. (C) For emergency purchases wlfich are anfidpated to exceed the sum of~¢4. ,,~,,,,~v.,~¥~c,c~ nn 515,000.00, the City Manager shall first endeavor to nofif3' the Mayor for purposes of calling a special emergency meeting of the CiD' comrmssion to approve said purchase in advance. If the CiD' Manager determines that a quorum for such an emergency special City Commission meeting cannot be obtained, the CiD, Manager shall have the authority to make such purchases pro~-ided that ~ pu .........~ou~ u~.~.. ............ ~--~,a ar.d..u~.~.~ the purchase shall be subsequently, ratified by the City Commission at the next regularly scheduled CiD' Commission meeting, (D) For purposes of this section, "EMERGENCY" shall mean a situation in wlfich the health, safeD, or general welfare of all the residents or a significant specified portion of the residents of the City are affected or shall be irreparably harmed should the putchase occur through the regular purchasing procedures set forth in Section 36.02 rather than through the emergency procedures set forth herein, Section 5. That Chapter 36, "Finance; City Property Transactions", Subheading "Change Orders and Contract Modifications", Section 36.12, "Change Orders or Contract Modifications; Nonconstrucfion", of the Code of Ordinances of the CiD, of Delta3, Beach is hereby amended to read as follows: 4 Ord. No. 17-00 Section 36.12 CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION. (A) All changes to nonconstmcfion purchase orders or contracts shall be by issuance of a change order or conuact modification. Except as otherwise provided m this subchapter, the Purchasing D:,zcctcz Supen4sor may issue, subject to approval by the City Manager or his designee, change orders or contract modifications to correct errors, omissions or discrepancies in contract documents; cover acceptable overruns and freight costs; incorporate requirements to expand or reduce the scope of goods or services ordered; or to direct other changes in conu-act execution to meet unforeseen field, regulatoty or market conditions, xvhere changes will not exceed ~, v,vv,~ $15,000. (13) Where changes will increase the purchase order or contract total over $10,990 $15,000, the Purchasing Dkcc:oz Supervisor shall have the approval of the City Commission. A sen,ice authorization issued pursuant to a Ci~ commission approved continuing services contract e, n ~ r the particular project for a separate and distinct project xvhich does not exceed ,~,,,,v~* $15,000 fo may be approved by fl~e City Manager or his designee. Sen4ce authorizations for separate and distinct projects wkich exceed $I0,999 $15,000 require City, Commission approval. Where changes to a se~-ice authorization for a particular project are made xvhich x,411 increase the total cost of the 4 n aha involve an pamcular project authorized by the mitial sen,ice authorization over $~,~,,~,,~ $15,000, or extension of me, the sen,ice authorization shall be approved by the Ciu' commission. Section 6. That Chapter 36, "Finance; Ci~' ProperS, Transactions", Subheading "Change Orders and Contract Modifications", Section 36.13, "Change Orders or Contract Modificatons; Construction Contracts", of the Code of Ordinances of the Ciu' of Dekay Beach is hereby amended to read as follows: Approval of construction contract change orders or contract modifications shall be as follows: of $10,~,~ $15.000 or less shall be (A) A change order or contract modification initiated by a Department Head and the City. Engineer or outside engineer subject to City Manager or his designee's approval. Ci~' /'~----:~-:~-~..~,~.~.. appraval.~: ...... -~'~:--a _.~-~,...~., .~. ....... ~..~.~,~-': ....... ,~,.~ cf ~) A change order ur con=act mo~ficafion m an amount over ~.~,~ $15,000, or ~volv~g an extension of ~e, must have City Comssion approval. Cin' Co~ssion approval is req~ed when ~e cumu~five to~l of change orders or con=act mo~ficafions exceed $15,000 for any one con~act. 5 Ord. No. 17-00 (C) A sen'ice authorization issued pursuant to a continuing contract for a separate exceed $,,,,vv,, 515,000 may be approved by the City, Manager and distinct project which does not ' ~ ^ nan or his designee. Set,rice authorizations for separate and distinct projects which exceed ~ Bran $15,000 shall require Ciw Commission approval Where changes to a service authorization for a particular project are'ma~te which will increase the total cost of the particular project authorized by the initial service authorization over $1v,,,,,v $15,000, or havolve an extension of time, the service authorization shall be approved by the Cit3' Commission. Section 7. That should any section or provision of this ordinance or an)' portion thereof, any paragraph, sentence or word ~e 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 flaan the part declared to be invalid. Section 8. That all ordLnances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effecfve immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on th/s the __ day of ,2000. ATI'EST: MAYOR CiB-Clerk Fkst Reading Second Reading 6 Ord. No. 17-00