Agenda Reg 04-16-02City of Delray Beach
Regular Commission Meeting
Tuesday. Audi 16, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
De[ray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida ;35444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULE8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMM~.NT: 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 thc right to limit discussion rests with thc Commission. Generally, remarks
by an individual will be limited to three minutes or less, The Mayor or
presiding officer has discretion to adjust thc amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Be
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. Thc Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Ce
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. ADDRF_,88ING 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 PROCEDURF~
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to paxucipate 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
meetines in the Commission Chambers.
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5.
o
ROLL CAIJ..
INVOCATION.
PLEDGE OF Al J.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
March 28, 2002 - Annual Organizational Meeting
April 9, 2002 - Special Meeting
PROCLAMATIONS:
Recognizing and commending Jewish War Veterans National Commander - Bernard
Becket
Bicycle Month - May 2002
Civility Month - May 2002
PRESENTATIONS:
13m Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to
benefit Delray Beach Fire Rescue and Police Depati~ents.
CONSENT AGENDA: City Manager Recommends Approval.
Ao
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/FORMAN OFFICE:
Acceptance of right-of-way dedication associated with Forrnan Office Building, located
on the west side of N.E. 1't avenue, between N.E. 3~a Street and N.E. 4~ Street (334
N.E. 1st Avenue).
B0
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-01:
Formally initiate Comprehensive Plan Amendment 2002-01 pursuant to Section 9.2.1 of
the Land Development Regulations.
FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the roilroad
crossing and crossing signals for NE 8~ Street.
RATIFICATION OF PERFORMANCE MEASURES FOR GOLF COURSES
AND TENNIS FACILITIES: Approve proposed performance measures for FY
2001-2002 for the Municipal Golf Course, Lakeview Golf Course, and Tennis facilities.
04-16-2002
G0
CHANGE ORDER NO, 3/FINAL PAYMENT/FLORIDA BLACKTOP. INC.:
Approve Change Order No. 3 in the amount of $15,781.36 and final payment in the
amount of $56,229.52 to Florida Blacktop, Inc. for completion of SE/SW Area
Infrastructure Improvements Project. Funding is available from 370-3162-541-65.45
(2000 Roadway Bond SE/SW Area).
CONTRACT ADDITION/CHAZ EOUIPMENT. INC.: Approve a Contract
Addition (C.O. #1) to the N.E. 4~ Street Widening Project in the amount of $66,800.00
to Chaz Equipment, Inc. to add wet well rehabilitation at Lift Station seventeen (17) and
access hatch replacement. Funding is available from 442-5178-536-61.83 (Lift Station
Rehabilitation).
CHANGE ORDER NO. S/FINAL PAYMENT/MURRAY LOGAN
CONSTRUCTION, INC.: Approve Change Order No. 3 in the amount of $2,464.00
and final payment in the amount of $83,262.00 Murray Logan Construction, Inc. for the
Rehabilitation of Lift Station 31 project. Funding is awihble from 442-5178-536-61.83
(Lift Station Rehabilitation).
SER¥ICE AIJTHORIZATION NO, 5.1/CH2M HILl.: Approve Service
Authorization No. 5.1 in the amount of $192,007.00 to CH2MHIIJ. for final design
and permitting of the Anion Exchange water treatment project. Funding is awihble
from 442-5178-536-63.87 (Anion Exchange Project).
RESOLUTION NO, 32-02: Approve Resolution No. 32-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
821 S.W. 10* Avenue.
RESOLUTION NO. 33-02: Approve Resolution No. 33-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
301 S.E. 6~' Avenue.
RESOLUTION NO. 54-02: Approve Resolution No. 34-02 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout
the City.
RESOLUTION NO, 35-02: Approve Resolution No. 35-02 assessing costs for
abatement action necessary to remove iunked and/or abandoned vehicles from four (4)
properties within the City.
(MOVED TO REGULAR AGENDA AS ITEM 91)
HOI, ISING REHABILITATION GRANT\I~ONTRACT AWARD; Approve
Housing Rehabilitation grant\contract award through Community Development
Division in the amount of $25,000.00 to Henry Haywood (514 S.W. 15~ Avenue).
Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
-3-
04--16-2002
P0
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 1, 2002 through April 12, 2002.
AWARD OF BIDS AND CONTRACTS:
Lease award to Samm of Delray in the mount of $7,685.72 for FY 2002,
($73,014.34 total lease) for seven (7) vehicles to be leased for thirty-eight 08)
months and used for the Police Depaxmxent Volunteer Program. Funding is
available from 001-2113-521-44.40 (Vehicle Rental/Lease).
REGULAR AGENDA:
WAIVER REOUEST/COMBINATION OF AD_IOINING LOTS: Consider a
waiver request to LDR Section 4.1.4(C) which requires the combination of adjoining
lots of record which do not individually meet minimum lot requirements for Lot 6,
Block 1, Del-Ida Park, located on the north side of NE 7m Street, approximately 160'
east of North Swinton Avenue. Quasi-Judicial Hearing
B°
SUPPORT OF U.S. POST OFFICE/DOWNTOWN DELRAY BEACH:
Consider a request from Pineapple Grove Main Street, Inc. to support retaining a full-
scale, retail post office in Pineapple Grove that serves downtown Delray Beach.
Co
PARTICIPATION IN THE MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM: Consider adopting a resolution for the
$12.50 traffic monies to be provided to the Municipal Public Safety Communications
Consortium.
CITRUS CANKER LAWSUIT PARTICIPATION: Consider a request for the City
of Delray Beach to participate in a lawsuit to challenge the new statute concerning citrus
canker with expenses to be shared with Broward County.
E°
METRON-FARNIE~ IJ.C: Consider authorization to cancel the Metron-Famier
contract for the large Touch Pad System water meters due to defectiveness and file suit
to recover a portion of the monies spent.
Fo
PROPOSAL FOR SETTLEMENT IN FASHAW v, (~ITY OF DELRAY
BEACH: Consider acceptance of proposal for settlement subject to the receipt of
appropriate releases in the Fashaw v. City of Delray Beach case. Staff recommends
acceptance.
Go
APPOINTMENT TO THE BOARD OF AD_IUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2003. Based upon the rotation system, the appointment will be made by Mayor
Schmidt (Seat $$5).
04-16-2002
10.
11.
12.
13.
APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat $$4).
AUTHORIZATION TO CLOSE/BARWICK PROPERTIES; Consider
authorizing staff to close on Barwick properties parcel seventeen (17) and parcel
eighteen (18).
PUBLIC HEARINGS:
A. NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOI .!.OWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO, 13-02; An Ordinance mending the historic designation adopted
via Ordinance No. 70-89 for the "Fontaine Fox House" historic site located on the east
and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615
North Ocean Boulevard). If passed, a quasi-judicial hearing will be held on May 7,
2002.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
-5-
04-16-2002
MARCH 28, 2002
DELRAY BEACH CITY COMMISSION
ANNUAL ORGANIZATIONAL MEETING
(1)
(2)
(3)
(4)
Call to Order/Roll Call.
The annual organizational meeting of the City Commission of the City of Delray Beach,
Florida was called to order by Mayor David Schmidt in the Commission Chambers at City
Hall at 6:00 p.rr~ on Thursday, March 28, 2002.
Roll call showed:
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Lemon
Mayor David Schmidt
Also present were:
City Manager David Harden
Assistant City Attomey Brian Shutt
City Clerk Barbara Gafito
The Pledge of Allegiance to the Flag was given.
Mayor Schmidt noted an amendment to the agenda. Consider a leaseback of property to
The Pious Society of the Missionaries of St Charles Borromeo, Inc., will be
considered as Item (9 A).
Ms. McCarthy moved to consider this request, seconded by Commissioner Levinson. Upon
roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy- Yes; Mr. Perlman - Yes; Mayor Schrnidt - Yes. Said motion passed with a 5 to
0 vote.
Oath of Office administered to Newly-Elected City Commission Members
The City Clerk administered the Oath of Office to Commissioner Pat Archer (Seat # 2),
Commissioner Alberta McCarthy (Seat # 4), and Mayor David Schmidt (Seat # 5).
Selection of Vice-Mayor (for the term March 30, 2002 through March 29. 2003).
Commissioner McCarthy moved to appoint Commissioner Perlman as Vice-Mayor of the
City of Delray Beach for the term March 30, 2002 through March 29, 2003, seconded by
Commissioner Levinson. Upon roll call, the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; lVlrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
(5)
Selection of Deputy Vice-Mayor (for the term March 30, 2002 through March 29,
2003).
Commissioner Levinson moved to appoint Commissioner Pat Archer as DeputyVice-Mayor
of the City of Delray Beach for the term March 30, 2002 through March 29, 2003, seconded
by Commissioner Perlman. Upon roll call, the Commission voted as follows: Ms. McCarthy
- Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
(6)
Review and Acceptance of regularly scheduled City Commission Meeting dates for
the period of April 2002 through March 2003.
Mayor Schrnidt presented the scheduled City Commission Meeting dates to the Commission
and he suggested that the May Workshop and Regular Meeting be changed to May 21~t and
May 28th respectively. The President of Tanzania is expected to visit Delray Beach on May
14~h and he would like to schedule a working-dinner meeting for that evening to discuss
business opporttmities in Tanzania.
It was the consensus of the Commission to change the May meeting dates accordingly.
(7) Establish a date for the 2003 Goal Setting Session.
The Commission indicated they would like to do an abbreviated goal setting session again
this year with Mr. Lyle Sumek, this would include an evening session with the Community.
It was the consensus of the Commission that staff should contact Mr. Sumek for a possible
late April or early May goal setting session and bring back dates for their consideration.
(s)
Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local
Rules).
The Commission reviewed the Local Rules and made the suggestion that Article II. A. 6. be
changed to a limit of three (3) minutes for comments in order to maintain consistent.
However, Commission would like the City Attorney to review the Local Rules and bring
back suggestions at the May workshop especially as they pertain to Quasi-judicial Hearings.
Commission reviewed Mr. Smith's suggestion for changing the order on the Commission
agenda. The consensus of the Commission was they are satisfied with the current order of
the agenda.
Mr. Levinson made a motion to change Article II A 6. to three (3) minutes and bring the
2 March 28, 2002
(9)
(10)
Local Rules back for review at the May workshop, seconded byMrs. Archer. Upon roll call,
the Commission voted as follows: Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 5 to 0 vote.
Review of City Commission Liaison Appointments to various Advisory Boards and
outside agencies.
The Commission reviewed the list provided in the agenda packet. Commissioner Levinson
will replace Commissioner McCarthy as the alternate member with the Palm Beach County
League of Cities, Inc. All other appointments will remain the same as presented.
Consider a leaseback of property to The Pious Society of the Missionaries of St.
Charles Borromeo, Inc.
The Commission is to comider the leaseback of property to The Pious Society of the
Missionaries of St Charles Boromeo, Inc. at $1.00 per month for ninety (90) days in order to
allow them ample time to remove their personal property and relocate. This involves the
City's purchase of properties on Barwick Road. Also, giving the City Manager authority to
enter into a lease-agreement, subject to insurance, and ratification at a later date.
This was agreed upon by the Gommlssbn by consensus.
Commission Comments.
Commissbner Levinson mentioned that at the League of Cities meeting yesterday, there was
discussion regarding the value of one (1) vote. The City of Wellington held a mn-off
election for a seat on the Commission and the election was decided by only four (4) votes,
reaffirming the significance of a vote.
He congratulated the incumbent Commissioner Archer, Commissioner McCarthy, and
Mayor Schmidt, and he looks forward to serving with the entire Commission for another
year.
Commissioner Mccarthy thanked staff for their assbtance in preparing a presentation she
will be giving over the weekend on "How to get involved in government'. Staff helped
prepare a very good looking power point presentation for her. She will present it to the
Sigma Gamma Roe Society and truly appreciates all that staff has done.
Mayor Schmidt acknowledged that he was glad his wife Jennifer made k back from a trip to
Italy in time to see him sworn in this evening.
Commissioner Perlman read into the record his comments which reflect the
accomplishments of this Commission over the past years and goab for the future. This
document is attached as part of the minutes.
3 March 28, 2002
Commissioner Archer thanked everyone in the Community who voted for her, the support
of the Commission and staff. She was very pleased to be reelected by a Community which
said "Yes, we want this Commission to continue with the work they are doing". She is very
proud of being reelected under those conditions.
The two (2) major issues she campaigned on were ident~g other neighborhoods in need
of revitalization and would like to review the City's zoning codes especially as they rehte to
the Comprehensive Phn, particularly the barrier island.
Commissioner Levinson added that in regards to the Hotmail Email letter from Candace
Killian, he would like the City Attorney to review this document and determine if the City
needs to involve the State Attorney in an investigation of the Commission. He does not like
the allegations of wrongdoing in this document and the alleged acquisitions of criminal
actions bythe Commission.
There being no further business, the meeting was adjourned at 6:30 p.m.
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Organizational Meeting of the City Commission held on
March 28, 2002 which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the minutes you have received are not completed as indicated above, this
means they are not the official minutes of the City Commission. They will become official only after
review and approval by the City Commission which may involve amendments, additions or deletions
to the minutes as set forth above.
4 March 28, 2002
APRIL 9. 2002
A Special Meeting of the City Commission of the City of De[ray Beach, Florida, was
called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 6:00
P.M., Tuesday, April 9, 2002.
Roll call showed:
Present -
Commissioner Jeff Perlman
Commissioner Jon Levinson
Mayor David W. Schmidt
Absent -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of
considering the following item:
(2)
REOUEST FOR FUNDING/SISTER CITIES COMMITTEE: Consider approval
of a request from the Sister Cities Committee for financial support in the mount of
$2,700.00 to help offset costs for the visit of the delegates from Moshi, Tanzania and
Miyazu, Japan.
Mr. Levinson moved to approve the request from the Sister Cities Committee for a
one time grant of $2,700 to help offset costs for the visit of delegates from Moshi, Tanzania and
Miyazu, Japan, seconded by Mr. Perlman. Upon roll call, the Commission voted as follows: Mr.
Levinson - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0 vote.
Mayor Schmidt declared the Special Meeting adjourned at 6:04 p.m., at which time
the Commission convened to the regularly scheduled Workshop Meeting.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
April 9, 2002, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER; If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
-2- April 9, 2002
WHERF_.,~, Bernard Becket was bom in Boston, Massachusetts and after graduating from
Boston F~n§lish High School, he enlisted in the United States .AOx Force, was sworn in November
1950 during the Korean Conflict, and received his Honorable Discharge in October 1954, at the
rank of S/Sergeant; and
~FHIgREAS, Bernard joined and served in the Alt Force Reserve until 1958 and joined the
Robett A. Carpenter Post ~485 of Mattapan in 1955, held a number of positions, and was elected in
1959 as Commander of the Post; and
WHEREAS, in 1960 he was elected Department Junior Vice Commaqder and served as
Department Commander of Massachusetts fxom 1962-1963. He was elected to the National
Executive Committee for the first time, served until 1965, and he has served the Department of
Massachusetts as its Department Brotherhood Ch~irm~n a number of years; and
WHB~, Bernard was appointed the Department Hospital Chairman for Massachusetts
and served as the National Hospital Chairman and National Veterans .Aclmmi~l:ralion Veterans
Service Chairman; and served on the Policy Committee and as Secretary of the National Executive
Committee; and
WHI~RE, AS, He served as the Commander of the 1" Region in 1967-1968 and ~ in
1973-1974, also served as the Deparunent Vietnam C}mitman, and was selected as the Outstanding
Jewish War Veteran for 1973-1974; and
WHE~, in 1963 Bernard was honored as Outstanding Department Comm~nder of
the Year at the National Convention. In 1972 he received a Commendation from the Veterans
Administration in recognition for outstanding leadership on the Veterans Administration Vetersns
Service Advisory Committee. He was honored in 1998 as the recipient of the Murray L Rosen
Memorial as Member of the Year; and
~I-IIgRF, AS~ He has served on the Resolutions committee, National Convention Co-
Chairman. Awards Committee, and Jewish War Veterans/Jewish War Veterans Auxiliary Standing
Committee. He is presently serving as the National Awards Cbajrm_~, and a member of the
Coozdirmting Committee; and
WHBREAS, Bernard is past president of Congregation Anshi Poland and is presently
serving as its Fin_~ncisl Secretary. He is also past president of Congregation Kehilhth Israel in
Brookline, Massachusetts and is serving as Vice President of Worship and Celebrations. He is a
member of the Board of the Jewish Community Relations Council and on the Board of the Jewish
Cemetery Association of Massachusetts. He is a Life Member of the National Museum of American
Jewish Military History, and served as its Second Vice President He is a member of the AMVETS
(American Veterans), Disabled American Vetenms, and the Amcrican Legion.
NOW, THEREFORE, I, DAVID W..~CHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize and
commend
NATIONAL COMMANDER BERNARD BECKER
for his many and varied accomplishments, and congratulate him on his achievements as a fine
example of a dedicated American.
IN ggITNESS ~I-IEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 16' day of April, 2002.
DAVID W. $CHMIDT
MAYOR
WHEREAS, the bicycle is a viable and environmentally sound form of transportation and
an excellent form of ~ecxeafion; and
~VI-IEREAS, millions of Americans will expexience the joys of bicycling during the month
of May through educational programs, commuting events, trail work days, helmet promotions and
charity ri&s; and
WHEREAS, Americans in record numbers ~re turning to bicycling for recreation, exercise,
and tnmsportafion; and
WHERF_.a~, May has been declared National B/cycle Month for each of the last forty
(40) years, and is so again in 2002; and
WHEREAS, bicycle dubs, schools, parks and recreation depamnents, police departments,
hospitals, companies and civic groups throughout the nation will be ptomotiug bicycling as a
wholesome leisurely activity as well as an environmentally-friendly alternative to the automobile
during the month of May 2002.
NOW, THEREFORE, I, DAVID W. $CHMIDT, Mayor of the City of Delsay Beach,
Florida, on behalf of the City Commission do hereby prodfim the month of May 2002 as
BICYCLE MONTH
in Delsay Beach and urge all who support bicycling to participate in bicycle events planned d~ring
the month.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Del~y Beach, Florida, to be affixed the 164 day of April, 2002.
DAVID W. SCHMIDT
MAYOR
WHEREAS, the open excM~§e oi public discourse is essential to the
democratic system of government; and
WHEREAS, as a comemone of democracy Americans have observed
certain rules of behavior generally known as civil~, and
WHEREAS, clviliry, derived from the Latin words ~civitas' meaning city
and ~cMs ~ meaning citizen, is behavior worday of citizens living in a commurfity or
in co~u with others; and
WHEREAS, disphys of anger, rudeness, ridicule, impatience, and a lack of
respect and personal attacks detract from the open excMnge of ideas, prevem fair
discussion of the issues, and can discourage individuals from participation in
government; and
WHEREAS, civih'ty can assist in reaching consemus on diverse issues and
allow for rautually respectful ongoing relatiomhips; and
WHEREAS, civility can uplift our daffy life and make k more pleasant to
live in an org~ni~,d society; and
WHEREAS, the Cay, County and Local Government Law Section of the
Florida Bar urges the adoption of a pledge of civilky by all cifizem in the State of
Florida.
NOW, THEREFORE, I, David W. Schmldt, Mayor of the Gty of
Dehay Beach, Florida, on behalf of the aty Commission, do proclaim May 2002 as
CIVILITY MONTH
in Delray Beach and urge all citizem to exercise civility toward each other.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the Gty of Dehay Beach, Florida, to be affixed this 162 day of
April, 2002.
DAVID W. SCHMIDT
MAYOR
TO:
THRU:
FROM:
AD~ T. H. ,~DE~,,CITY MANAGER
U~DOR~ECTOR OF PLANNING AND ZONING
SUBJECT:
MEETING OF APRIL 16, 2002. **CONSENT AGENDA**
ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH
FORMAN OFFICE BUILDING.
The action requested of the City Commission is acceptance of a right-of-way deed associated
with Forman Office development, located on the west side of NE 1st Avenue between NE 3r~
Street and Lake Ida Road, within the Old School Square Historic Arts District (OSSHAD) zoning
district.
At its meeting of December 5, 2001, the Historic Preservation Board (HPB) approved a site plan
for the Forman Office building, subject to conditions, which included the dedication of five feet
(5') of right-of-way for NE 1st Avenue. The approval was for the conversion of the existing 1,257
square foot single-family residence to a professional office with associated parking and
landscaping.
Pursuant to Land Development Regulations (LDR) Section 5.3.1(D)(2), the required right-of-way
width for NE 1st Avenue is 60' and 40' exists. However, pursuant to LDR Section 5.3.1(D)(4),
reductions in the required right-of-way width may be granted by the City Engineer upon a
favorable recommendation from the Development Services Management Group (DSMG) for
existing streets. The DSMG and City Engineer determined that a right-of-way width of 50' for
this section of NE 1~t Avenue would be sufficient. The Assistant City Attorney has reviewed the
right-of-way deed for legal sufficiency and form, and has determined it to be acceptable.
By motion, accept the five foot (5') right-of-way deed for NE 1st Avenue associated with the
Forman Office development.
Attachments:
Location Map
Reduced Site Plan
o Right-of-Way Deed
" -! ~ I ' I ~; , ~ '
~ LOT 20, SUBDIVISION OF BLOCK 65
~ cl~ ~ ~ a[~CH, ~ FORMAN OFFICE
' F
o.00 N.W. 1st Avenue
D,lray Beach, Florida
BEACH. I~ORIDA, a Florida municipal co~
Avenue, D~Ira¥ Beach, Flmicla 33~, as pany
· ~ p~ ~£ ~ fir~ pan a~d Cll~z' 01~ DELRAY
~oraticm with a mailing address of 100 N.W, 1st
~f~ second part,
WITN! $~ETE:
unencumbcred. Where the ¢ontcxt of this Rit~ht-of-Way Deed allows or permits, the same shall
include tho successors or assigns of the partics~
TO ItAVE AND TO HOLD TH]4 $AM~ together with all mci smgt:lar the
appnrtenencc~ thtreto bclongin$ or in any~s~ incident or appe~ and all th~ e-stat~, right,
title, inierest, and claim whatsoever of the sa~d party of thc first part, in law or in equity to the
only prop~ usc, benefit, and behalf of the laid percy- of the second p~, it~ succe~sora md
IN V~TNESS WHEREOF, said party Sfthe trot pan ba~ hercu~e set ?hci~ ha~d an~ seal
the date firm above,~itten.
(~,~'amc printed or~yped) /
fN'eme printed or typ~t)
~Ime prinmd or
(Address)
.£-~ The foregoing insmuncnt weJ acknowledged bcfore
~ ~ , ~o~_.,z~_ .. I of ' ~ -
(ztane of officer or aSent, ti~e cf officer o~ --
(nezcte of corpora~on acknowled~), ·
corporation, on behalf of th~ corlxmation.
., _ (~'
me this. ,.9-._ da), of
place of 4acorporatton)
m9 or has proc~a¢cd
._ of_ Pcrson Taktn. Actmowlednment
MY C0~MISSl0fl # CC 899216
~MM!SSlO" DoCuMENTATiON ....
TO:
THRU:
FROM:
SUBJECT:
CiTY COMMISSION DOCUMENTATION
zo?.
MEETING OF APRIL 16, 2002 *CONSENT AGENBA*
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-1
The action requested of the City Commission is initiation of Comprehensive Plan
Amendment 2002-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be
formally initiated by the City Commission.
",'. ~ ~ BACKG RqpND~
By Florida State Statutes the City is allowed to process two Comprehensive Plan
amendments each year. This amendment represents the first amendment for the year
2002. The amendment includes four (4) City initiated Future Land Use Map
amendments, one (1) privately initiated Future Land Use Map amendment, and
numerous minor text changes. A brief description of each item suggested for inclusion
in the Plan Amendment is listed below:
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
City initiated Future Land Use Map amendment for City-owned parcels located in the
northwest quarter of Section 12 (Range 42, Township 46), from County CliO/8
(Commercial High Office with residential density of 5 units per acre) and County
MR5 (Medium Residential, 5 units/acre) to City GC (General Commercial) and LD
(Low Density, 1-5 untis/acre), for 54.5 acres;
City initiated Future Land Use Map amendment for the Winterplace Development,
from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density, 1-5
untis/acre). The parcel is approximately 34.6 acres in size, and is located on the
east side of Military Trail, south of the L-30 Canal;
City initiated Future Land Use Map Amendment for the Enclave PUD, from County
HR12 (High Residential, 12 units/acre), MR5 (Medium Residential, 5 units/acre), and
County CH8 (Commercial High, 5 units/acre)to City MD (Medium Density
Residential 6-12 units to the acre) and GC (General Commercial), for approximately
29.01 acres of land, located at the southeast corner of West Atlantic Avenue and the
E-3 Canal;
City Commission Documentation
Initiation of Plan Amendment 2002-1
Page 2
City initiated corrective Future Land Use Map amendment for the Gleason Street
Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12
du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size
and is located on the east side of Gleason Street, approximately 100 south of
Atlantic Avenue;
PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENT:
Privately initiated Future Land Use Map amendment for a parcel associated with the
Island Grove Apartments. The 0.09 acre parcel (North 25-feet of Lot 1, Block C,
John B. Reid's Subdivision) is seeking a change from MD (Medium Density, 5-12
du/acre) to CC (Commercial Core), The area is located on the east side of Venetian
Drive, approximately 285-feet south of Atlantic Avenue;
TEXT AMENDMENTS:
Modification of Policy A-2.5, of the Future Land Use Element, relating to updating
the Land Development Regulations regarding non-conforming uses, to reflect a new
completion date of FY 02/03;
Eliminate Policy A-5.1, of the Future Land Use Element, relating to updating the
Land Development Regulations for consistency with Comprehensive Plan
Amendment 97-1, (accomplished);
Eliminate Policy A-5.6, of the Future Land Use Element, regarding the need to
increase densities in the GC (General Commercial) Zone district, (accomplished);
Eliminate Policy B-1.1, of the Future Land Use Element, regarding the establishment
of a neighborhood park in the Blood's Hammock Grove Area, (accomplished);
Modification of Policy C-4.2, of the Future Land Use Element, in order to
acknowledge adoption of the Downtown Business Plan, and provide that all future
development will be consistent with the plan;
Modification of Public Schools Facilities Element Table A-1.1 (Standards for Tiered
Level of Service) and Table A-1.2 (Maximum Utilization Table), to reflect the most
current available information from the Palm Beach County School Board.
City Commission Documentation
Initiation of Plan Amendment 2002-1
Page 3
SCHED[IL~/~FOR REVIEW
The tentative schedule for processing Plan Amendment 02-1 is as follows:
April 15~ 2002
April 16~ 2002
May 20~ 2002
June 4~ 2002
July 24~ 2002
Au,(]ust 19~ 2002
September 3~ 2002
October 18~ 2002
Initiation by Plannin,cj and Zonin,(] Board
Initiation by City Commission
Plannin,cj and Zonin,cj Board Hearin,cj
City Commission Transmittal Public Hearin,q
Receipt of ORC Report
P&Z Adoption Hearin,cj
City Commission adoption
Effective date
The Planning and Zoning Board will consider the initiation request at their meeting of
April 15, 2002. The results of this meeting will be reported to the City Commission
Meeting.
IECOMMENDED'
By motion, approve the initiation of Comprehensive Plan Amendment 2002-1,
containing the material stated in this staff report.
S:\LongRange\cornp\02-1 CC Initiation
[IT¥ OF DELRll¥ BErlgH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect L~ne. 561/243-7091
DATE: April 8, 2002
MEMORANDUM
TO:
FROM:
City Commission ~'
Brian Shutt, Assistant City Attorney
SUBJECT: A.qreement with FEC Railway on N.E. 8th Street Crossin.q
The attached Agreement is between the City and FEC Railway and provides for
the construction and maintenance of the railroad crossing and crossing signals at
N.E. 8th Street.
The crossing at N.E. 8th Street will be expanded from 44' to 54' along with a
pedestrian crossing. FDOT will pay for the total cost of the installation of the
signals, and the City will pay for the cost of the road crossing, $54,000.00, for this
street. The City will also pay an annual maintenance cost for the signals in the
amount of $2,820.00. The City will also be responsible for any road crossing
maintenance cost as may be incurred by FEC.
By copy of this memo to David Harden, our office requests that this item be placed
on the April 16, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, effective as of the ~ day of ,2002,
is between the FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St.
Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAILWAY" and
the CITY of DELRAY BEACH, a political subdivision of the State of Florida, hereinafter called
"CITY."
WITNESSETH:
That the RAILWAY, in consideration of the covenants and conditions hereinafter set
forth to be performed and kept by the CITY, hereby permits the CITY to construct, use,
maintain, repair, renew and ultimately remove an at-grade public road crossing across and over
the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost MP 315 +
5,167', more particularly described in Exhibit A attached hereto and incorporated herein by
reference, hereinafter referred to as the "CROSSING SITE":
The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces
and automatic crossing warning devices which are, or might be, located within or adjacent to the
above-described location, provided that, the construction of the CROSSING SITE shall be done
by RAILWAY as provided in this License Agreement ("Agreement") and further provided that,
notwithstanding rights to the CITY granted herein, RAILWAY reserves the right to perform all
work required on RAILWAY'S property including construction, drainage, lighting and
vegetation management, in which event CITY shall pay the RAILWAY the entire cost and
expense of labor, materials and equipment furnished by RAILWAY in performing such work.
The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the
CROSSING SITE as specified herein.
In consideration of the granting of this Agreement by the RAILWAY, the CITY
covenants and agrees with the RAILWAY as follows:
1. The CROSSING SITE shall be used for public at-grade road crossing purposes only
and no utility, including telecommunications facilities, pipes, wires, cables; or other line or
structure shall be placed in, on or over the CROSSING SITE without the previous consent in
writing of the RAILWAY. CITY further agrees that it will at all times keep the CROSSING
SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of
the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation
or other growth greater than two (2) feet in height on each side of the tracks at the sole expense
of the CITY and without cost to RAILWAY or lien upon RAILWAY'S property.
2. This Agreement is for an initial term of one (1) year and shall continue in effect
thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60)
days prior written notice.
3. The provisions and stipulations of this Agreement are a part of the consideration of the
licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the
covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be
terminated with full legal rights and remedies retained by the RAILWAY, including but not
limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so.
4. The CITY shall grant forthwith to the RAILWAY necessary permits for the
installation, construction, erection, repair and maintenance of any of the RAILWAY-owned or
maintained facilities described in this Agreement. If the CITY fails to promptly grant the
RAILWAY necessary permits, CITY shall bear all additional expense incurred by the
RAILWAY attributable to such failure, including costs due to slow ordering of trains. CITY
shall promptly pay such amounts upon billing by the RAILWAY.
5. Unless otherwise specified, the cost of installation, construction, maintenance and
replacement of all facilities at the CROSSING SITE, including but not limited to the crossing
structure and railroad and highway devices, whether performed by the CITY or RAILWAY,
shall be the sole responsibility of the CITY.
6. The RAILWAY shall install the waming devices, including the fixed signs, flashing
lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the
sole cost of the CITY. The WARNING DEVICES are a Type IV Class III installation as defined
in the Florida Department of Transportation Schedule of Signal Installations by Type and Class
attached hereto as Exhibit C. Installation costs are estimated to be $168,820.00 as shown on the
estimates for signal installation attached hereto as Exhibit B and incorporated by reference.
In addition, CITY shall pay unto RAILWAY annually, the annual cost of maintenance of
said WARNING DEVICES as provided in the Florida Department of Transportation's
SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING
TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which
is attached hereto as Exhibit C and incorporated herein by reference.
The WARNING DEVICES will be owned by the RAILWAY and shall remain at the
CROSSING SITE until the RAILWAY decides that they are no longer needed or should be
replaced, or until other legal requirements are imposed which shall eliminate or substantially
change their operations.
, ,~ ,, :~; Page 3
7. The RAILWAY shall replace the existing 44' wide Type T-modified grade crossing
structure with a 54' wide Concrete ~ade crossing surface (the "SURFACE') along with other
improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with
Florida Department of Transportation Standard Specifications for Road and Bridge Construction,
Index No. 560, as may be amended, at the sole cost of CITY. Installation costs are estimated to
be $54,000.00 as shown on the estimates for crossing installation attached hereto as Exhibit B
and incorporated by reference. When the RAILWAY determines that the replacement of the new
SURFACE is more economical than its continued maintenance, the RAILWAY shall have the
exclusive option to replace the SURFACE with a comparable or improved structure. The
replacement costs of the new SURFACE shall be the sole responsibility of the CITY. The CITY
shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S
right-of-way, plus any paving which may be located between the ends of the ties. The
RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being
performed by the CITY under the provisions of this Agreement, at the sole expense of the CITY.
8. The CITY agrees, acknowledges and understands that the RAILWAY reserves the
right to make any changes at any future time in its existing tracks or other facilities, including the
installation, maintenance and operation of any additional track or tracks or other facilities on its
right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes
or additions to the pavement and traffic signal devices, the SURFACE, the WARNING
DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE,
whether these changes or additions are required by law or order of any public or judicial
authority, done voluntarily by the RAILWAY, or requested by the CITY.
,',~ ..... ;~. Page 4
9. The CITY agrees that it will install, maintain and replace all necessary drainage
facilities to prevent the accumulation of surface water due to the existence of the CROSSING
SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having
jurisdiction thereof and operation of the facilities shall also be subject at all time to their
approval. An additional license agreement may be required by the RAILWAY, depending upon
the location of such drainage facilities and type, size, depth and other specifications of the
proposed facilities, as submitted to the RAILWAY.
10. Lighting facilities adequate to comply with the requirements of the laws of the State
of Florida covering illumination of road crossing shall be installed, maintained and replaced at or
near this CROSSING SITE by and at the sole cost of CITY.
11. The CITY further covenants to pay the RAILWAY, within thirty (30) days after
presentation of the same, all bills submitted by Railway including maintenance bills as set forth
in Paragraph 6 above and all bills for electricity for the lighting and illumination of the
CROSSING SITE if same are provided by Railway.
12. At the termination of this Agreement for any cause, or upon termination of the
CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate
and the CITY shall remove, under the RAILWAY'S supervision and direction, at CITY'S entire
cost and expense, said road and all non-RAILWAY-owned improvements placed upon the
RAILWAY'S right-of-way and restore the ground to its original condition.
13. The C1TY shall indemnify, defend and hold harmless RAILWAY for assessments or
other charges of any kind whatsoever against the RAILWAY at any time for any portion of
public improvements installed on or within two hundred (200) feet of the CROSSING SITE
arising out of the existence of the CROSSING SITE.
14. The CITY shall not in any way, or at any time, interfere with or obstruct
RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations,
or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns,
invitees, lessees or licensees.
15. The CITY acknowledges the waiver of sovereign immunity for liability in tort
contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions
at law against the CITY to recover damages set forth in such statute for injury or loss of
property, personal injury, or death caused by the negligence or wrongful act or omission of an
employee of CITY while acting within the scope of the employee's office or employment under
circumstances in which CITY, if a private person, would be liable under general laws of this
State.
The CITY will include in any contract which it may let for the whole or part of said
work to be performed hereunder by or for the CITY, each and every one of the terms and
conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST
RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a
part hereof as Exhibit D.
16. (a) CITY, at its own cost and expense, when performing any work in connection
with the CROSSING SITE shall request RAILWAY to furnish any necessary construction
watchmen for the protection of RAILW^Y'S employees, property and train operations.
RAILWAY shall be notified at least one (1) week in advance of the performance of any work in
connection with the CROSSING SITE.
(b) In addition to, but not in limitation of any of the foregoing provisions, if at any
time RAILWAY should deem it necessary to place construction watchmen for the protection of
any person or property, during the construction, maintenance, repair, alteration, renewal, or
removal at the CROSSING SITE, RAILWAY shall have the right to place such construction
watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill
from RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of such
construction watchmen. The furnishing or failure to furnish construction watchmen, or other
persons by the RAILWAY under this paragraph, however, shall not release CITY from any and
all other liabilities assumed by CITY under the terms of this Agreement, including its obligations
under Paragraph 15 hereof. The CITY shall give the RAILWAY one (1) week's advance written
notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon
the CROSSING SITE to perform work under this Agreement in order that proper warning may
be provided for trains. In emergency situations CITY shall give the RAILWAY telephonic
notice. The CITY further agrees that at all times its personnel or agents are on the property of
the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved
will be borne by the CITY.
17. After the SURFACE and WARNING DEVICES have been installed and all other
work to be performed by the RAILWAY under this Agreement has been completed and found to
be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the CITY an
invoice showing the final total cost of material, labor and equipment furnished by the
RAILWAY, in accordance with the estimate of said cost to the CITY to be $222,820.00 as set
forth in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date
thereof.
18. Installation, maintenance and replacement of any and all railroad advance
warning signs and pavement markings on any road approaching the CROSSING SITE shall be
the sole responsibility and cost of the CITY, and at its sole expense.
19. The CITY shall promptly pay RAILWAY all charges for replacement, repair or
otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of
the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this
Agreement shall constitute default by the CITY.
20. The CITY hereby acknowledges that it has been notified that its personnel will or
may be working in an area containing active fiber-optic transmission cable as well as other
cables and other facilities.
21. If any provision or provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
22. This Agreement will be govemed by the laws of the State of Florida. It constitutes
the complete and exclusive statement of the Agreement between the parties which supersedes all
proposals, oral or written, and all other communications between the parties related to the subject
matter of this Agreement. Any future change or modification of this Agreement must be in
writing and signed by both parties.
23. It is understood by and between the respective parties hereto that this License
Agreement cancels and supersedes any other License Agreement between the RAILWAY and
any other entity.
IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to
be executed in their corporate names and respective seals to be hereunto affixed in duplicated the
day first hereinafter written by their undersigned officials thereunto lawfully authorized.
Signed, sealed and FLORIDA EAST COAST RAILWAY, L.L.C.,
Delivered in the presence of: a Limited Liability Company
By: (Seal)
ATTEST:
Wimesses as to Railway
DATE:
Assistant Secretary
Witnesses as to CITY
CITY OF DELRAY BEACH, a political
subdivision of the State of Florida
By:
Title:
Attest:
Title:
Date:
Page 9
LICENSE AREA
October 6, 1999
File: 315/39/5,167'
N. E. 8th STREET - MP 315+5,167' - FDOT # 272488T
A PARCEL OF LAND WITH UNIFORM WDTH OF ONE HUNDRED (100) FEET
NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND
WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACKS OF THE
RAILWAY AT N. E. 8TH STREET IN DELRAY BEACH, FLORIDA, WITH
LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED FIVE THOUSAND
ONE HUNDRED SIXTY SEVEN FEET (5,167) FEET SOUTHERLY FROM THE
RAILWAY'S MILE POST NO. 315 AS MEASURED FROM JACKSONVILLE,
FLORIDA, SAD RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WDTH
OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIJ:TY (50) FEET IN
WIDTH ON THE EAST AND WEST SIDE OF THE CENTERL1NE OF THE MAIN
TRACK, ALL AS SHOWN ON THE ATTACHED DRAWING NO. 01-D-261, DATED
SEPTEMBER 21, 1999, HAVING A REVISION DATE OF OCTOBER 3, 1999,
ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "A"
FLORIDA E. AST COAST RAILWAY COMPANY i_x~(,ww ~x4) 03/I 8/02
· SAINT AUGUSTINE, FLORIDA 14:28
DELRAY BEACH:
WIDEN EXISTING CROSSING TO 54' AND ADD 5' SIDEWALK
N. E. 8TH STREET, MILEPOST 315+5,167' AAR/DOT # 272488T
FILE: 315/39/5,167'
CROSSING DESCRIPTION
New Length of Crossmg Surface
Number of Tracks
Length of Track Panel:
PAVING DESCRIPTION
54 Tf Width (Across Road)
I Ea Length (Along Road)
94 Tf Projected Lift
58 Ft
80 Ft
3 In
AGREEMENT DESCRIPTION
Responsible Party: City
Agreement Date:
Dtvmon of Respons~bdity
Encase Fiber Optic Cable City
Maintenance of Traffic City
Crossing Surface Ctty
Track Materials City
Track Construction City
Pawng City
GANG DESCRIPTION
4 Ft Lauderdale Section
15 Ft. Lauderdale Smoothing
1 Crone
I Loader
COST RECAPITULATION
Track & Civil Work Item Labor Equipment Material Contract
Encase Fiber Optic Cable n/a n/a n/a 4,800 00
Mob,hzat~on/Matenal Consohdatmn 1,695.72 1,200 24 fda n/a
Construct Track Panel 855.94 432 31 7,817.70 n/a
Maintenance of Traffic/Pohce Protection n/a n/a n/a 2,800 00
Remove Crossing Surface 174.13 128 94 n/a n/a
Remove/Replace Track/Crossing Structure 1,590 I 1 1,446 34 n/a n/a
Line & Surface Track 851 82 857 58 2,795 60 n/a
Replace Crossing Surface 276 55 204 79 11,905 08 fda
Place Asphalt 168 50 28.45 n/a 11,310 00
Demobilization/Site Cleanup 469 00 0 00 n/a n/a
Totals' 6,081 75 4,298.65 22,518 38 18,910 00
Salvage 10.00% Responsible
Credit Contingency Total Party
n/a 500 00 5,300 00 City
n/a 304 04 3,200 00 City
n/a 994 05 10,100.00 City
n/a 300 O0 3, I O0 O0 City
(324.00) (79 07) (I00 00) City
(2,730.20) 93.76 400.00 C~ty
n/a 495 00 5,000.00 C~ty
n/a 1,3 l 3 58 13,700.00 City
n/a 1,193 06 12,700 00 City
n/a 131 O0 600.00 City
(3,054.20) 5,245 42 54,000 00
TOTAL TRACK & CIVIL PROJECT COST:
TOTAL SIGNAL IMPROVEMENT PROJECT COST:
TOTAL PROJECT COSTS:
TOTAL COST TO BE BORNE BY FEC:
TOTAL COST TO BE BORNE BY CITY:
$54,000.00
168,820.00
$222,820.00
0.00
$222,820.00
1,000 00 $/Ft
FLORIDA EAST COAST RAILHAY
OFFICE OF THE ~ ~
OF S~(Hff~tLS AND COI~4UN~CATIONS
ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT N. E.
This estimate should be considered void after one (1) year.
DATE: 03/18/02
FILE: 10.2
TYPE: IV
CLASS: III
NO. OF DAYS: 10
AAR / DOT #: 272488T
MILE POST: 315 + 5167'
Project Type: FDOT
8th STREET.
MATERIAL
GATE ASSEMBLIES
GATES
GATE FOUNDATIONS
ADDITIONAL FLASHING LIGHT ASSEMBLIES
CANTILEVERS 30'
CANTILEVER FOUNDATIONS
WIRED CASE, 3AB & HXP3
BATTERY BOX
BATTERIES, SAFT SPL250
MISC. GROUND MATERIAL
CONDUIT & DIRECTIONAL BORE
CABLE
MISCELLANEOUS RELAY EQUIPMENT
POWER SERVICE
MONITORING EQUIPMENT
SANITATION & DISPOSAL
FREIGHT & HANDLING
TAX @ 6.5%
TOTAL MAx.m~IALS
UNIT COST
$6,539.00
$500.00
$575.00
$1,168.00
$10,621.00
$3,200.00
$38,063.00
$675.00
$212.00
$1,555.62
$45.O0
$3,500.00
$1,120.00
$9OO.00
$6,355.00
$1,500.00
UNITS
3BA.
3BA.
3EA.
1EA.
1EA.
IFA.
1EA.
1EA.
30 FA.
1 PKG.
80 FT.
1 PKG.
1 PK~.
1EA.
1 PKG.
1 PKG.
TOTAL COST
$19 617.00
$1 500.00
$1 725.00
$1 168.00
$10 621.00
$3 200.00
$38 063.00
~675.00
$6,360.00
$1,555.62
$3,600.00
$3,500.00
$1,120.00
$9O0.O0
$6,355.00
$1,500.00
$14,994.00
$6.497.00
$122,950.62
EXCAVATING EQUIPMENT PER DAY
EQUIPMENT RENTAL PER DAY
FOREMAN'S TRUCK PER DAY
GANG TRUCK PER DAY
SUPERVISORS TRUCK PER DAY
E~UIPM~NT TOTAL
$181.00
$125.00
$35.00
$63.00
$35.00
10 DAYS
10 DAYS
10 DAYS
10 DAYS
10 DAYS
$1,810.00
$1,250.00
$350.00
$630.00
S350.00
$4,390.00
ENGINEERING
EN~~GTOTAL
$6,500.00
$6.500.00
$6,500.00
CONSTRUCTION SUPERVISION
I2%BOR ADDITIVE
Sum~VISIO~TOTAL
$274.00
10 DAYS
$1.526.00
$4,266.00
LABOR PER DAY
NUMBER OF DAYS
LABOR ADDITIVE
TOTAL LABOR
$1,082.50
10
$10,825.00
$6.317.00
$17,142.00
GANG EXPENSES PER DAY
NUMBER OF DAYS
TOTAL C~ANGEXPENSES
$553.00
10
$5,530.00
SUB-TOTAL
CONTINGENCIES 5%
$160,778.62
$8,039.00
TOTAL $168,820.00
27~4~V! ~
FLORIDA DEPARTMENT OF TRANSPORTATION
Listed Below are signal installations by type and class:
FLASHING SIGNALS - ONE TRACK
Type = 1, Class = 1
FLASHING SIGNALS - MULTIPLE TRACKS
Type = 1, Class = 2
FLASHING SIGNALS AND CANTILEVER - ONE TRACK
Type = 2, Class = 1
FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS
Type = 2, Class = 2
FLASHING SIGNALS AND GATE - ONE TRACK
Type = 3, Class = 3
FLASHING SIGNALS AND GATE - MULTIPLE TRACKS
Type = 3, Class = 4
FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK
Type = 4, Class = 3
FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS
Type = 4, Class = 4
TYPE OF TRAFFIC CONTROL DEVICES
Flashing signals
Flashing signals with cantilevers
Flashing signals with gate
Flashing signals with cantilevers & gate
CLASS OF TRAFFIC CONTROL DEVICES
Flashing signals - one track
Flashing signals - multiple track
Flashing signals & gates - one track
Flashing signals & gates - multiple track
Exhibit "C"
FDOT-Type-Class.doc
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
II
III
IV
Flashing Signals - One Track
Flashing Signals - Multiple Tracks
Flashing Signals and Gates - One Track
Flashing Signals and Gates - Multiple Tracks
$1,870.00
$2,474.00
$2,820,00
$3,540.00
AUTHORITY:
FLORIDA ADMINISTRATIVE RULE: 14-46.002
Responsibility for the Cost of Automatic Highway
Grade Traffic Control Devices
F. A. RULE EFFECTIVE DATE:
GENERAL AUTHORITY:
July 22, 1982
334.044. F. S.
SPECIFIC LAW IMPLEMENTED: 335.144.F.S.
*This schedule was effective July 1, 2001, and will be reviewed every 5 years and revised as appropriate
based on the Constaner Price Index for all Urban Consumers published by the U.S. Department of Labor.
EXHIBIT "C"
INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C.
AND INSURANCE REQUIREMENTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times
hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.C from and
against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs")
which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the
operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly
under, or pursuant to, this construction contract, including any such Costs arising from the death,
bodily injury or personal injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing
description, employees and officers of Florida East Coast Railway, L.L.C., employees and
officers of materialmen, employees and officers of the Contractor, employees and officers of all
subcontractors, and from loss damage, injury and loss of use of any real or personal property (a)
in which Florida East Coast Railway Company has any ownership interest, and (b) personal
property in the custody of Florida East Coast Railway Company under any transportation
contracts; including without limitation upon the generality of the two foregoing enumerations, all
railroad equipment commonly described as rolling stock and the contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall
procure and keep in effect comprehensive general liability insurance in the limits of
$5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage
each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify
the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives
removed. Alternatively, Contractor may procure and keep in effect during the life of this
construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway
directly as insured against losses and damages with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance
company authorized to do business in the State of Florida that has a "Best's" rating of A or A+
and a financial category size of Class XII or higher.
EXHIBIT "D"
CITYli L RY IIER[H
DELRAY BEACH
NI-AmedcaCity
T(~:993 David T. Harden
2001 City Manager
400 N.W lstAVENUE
MEMORANDUM
DELRAY BEACH, FLORIDA 33444
561/243-7000
FROM: 01[~Robert A. Barcinski
~ Assistant City Manager
DATE: April 11, 2002
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING APRIL 16, 2002
PROPOSED PERFORMANCE MEASURES FY 01-02 MUNICIPAL GOLF
COURSE~ LAKEVIEW GOLF COURSE AND TENNIS FACILITIES
Action
Commission is requested to approve the attached proposed performance measures for FY 01-02 for the
Municipal Golf Course, Lakeview Golf Course and Tennis Facilities.
Bael~round
The attached performance measures have been amended per City Commission direction given at the April
9, 2002 workshop meeting. The management company would be eligible for up to a 15% bonus of the base
fee based on the performance measures
Recommendation
Staff recommends approval of the proposed performance measures for FY 01-02 for the Municipal Golf
Course, Lakeview Golf Course and Tennis Facilities as presented.
RAB/tas
File. u. sweeney/agenda
Doc:Performance Measures FY OI-02 Mumctpal. Lakevtew, Tennts
THE EFFORT ALWAYS MATTERS
Delray Beach Golf Club
Performance Measures
City's Proposed Points
Obtain a net operating income of $25,000 for restaurant and 10
banquet operations
Achieve a level between 83,000 and 88,000 rounds 10
(min rounds 83,000 - max rounds 88,000)
Achieve a participation level of greater than 2,000 youths 10
under the age of 18 in golf course sponsored programs
(min 1,500- max 2,500)
Obtain a net overall operational income of $75,000 15
A. Conduct a mail-in customer satisfaction survey and obtain 25
an overall average rating of 3.5 or better on a I to 5 scale.
B. Receive an acceptable mystery shopper review. 10
Yes or No
Maintain a permit-holder base of between 300 and 350 10
(min 300 - max 350 permits)
Achieve gross merchandise sales of over $112,000 10
100
Icb, 4/11/02, 9:48 AM
Lakeview Golf Club
Performance Measures
City's Proposed Points
Achieve a level of 55,000 rounds played or better 15
(min 50,000 - max 58,000)
Achieve a participation level of 1,200 youth under the 15
age of 18.
(min 1,000 - max 1,500)
A. Conduct a mail-in customer satisfaction survey and obtain 25
an overall average rating of 3.5 or better on a 1 to 5 scale.
B. Receive an acceptable mystery shopper review. 10
Yes or No
Obtain a net income of greater than $75,000 20
Achieve gross merchandise sales of over $18,000 15
100
Icb, 4/11/02, 9:44 AM
Delray Beach Tennis Center
Delray Swim & Tennis Club
Performance Measures
City's Proposed Points
Achieve a level of 450 memberships 15
(min 400 - max 475)
Achieve a level of 60,000 daily play counts 15
(min 55,000 - max 60,000)
Increase program participation by 5%. Programs include: 10
Special Olympics, Parks & Recreation, Patrons, Lessons,
Clinics, Leagues, Juniors, Seniors, and Special Events.
Achieve a gross revenue for lessons of $220,000 15
A. Conduct a mail-in customer satisfaction survey and obtain 25
an overall average rating of 3.5 or better on a 1 to 5 scale.
B. Receive an acceptable mystery shopper review. 10
Yes or No
Achieve budget of ($267,890) 10
100
Icb, 4/11/02, 8:48 AM
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~)/~
AGENDA ITEM ~o~ . REGULAR MEETING OF APRIL 16:2002
CHA~GE ORDER NO, 3/FINAL PAYMENT/FLORIDA BLACKTOP,
IN,(:,
DATE: APRIL 12, 2002
This is before the City Commission to approve Change Order No. 3 in the net deduct amount of
$15,781.36 and final payment in the amount of $56,229.52 to Florida Blacktop, Inc. for completion of
the 2000 Roadway Bond SE/SW Infrastructure Improvements project.
Funding will be from 370-3162-541-65.45 (2000 Roadway Bond SE/SW Area).
Recommend approval of Change Order No. 3 and final payment to Florida Blacktop, Inc.
S:\C~ty Clerk\chevelle folder\agenda memos\Final Payment. Florida Blacktop,Inc.04.16.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www. delrayesd corn
DAVID T. HARDEN
City Manager
VICTOR MAJTENYI ~
Assistant Construction Manager
SE/SW AREA INFRASTRUCTURE IMPROVEMENTS (PN 2000-046)
Change Order #3, Final
APRIL 10, 2002
Attached for Commission approval is an agenda request for closeout Change Order #3, Final to
Florida Blacktop, Inc. on the SE/SW Area Infrastructure Improvements project, PN 00-046. It is
for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and
liquidated delay damages. Change Order #3, Final is a net deduct amount of $15,781.36.
A request is also made for final payment in the amount of $56,229.52 to Florida Blacktop, Inc. A
Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#593306 to 370-3162-541-65.45 (2000 Roadway Bond
SE/SW Area) in the amount of $15,781.36.
Richard Hasko, Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero, Dep. Dir of Construction
Agenda File 04/16/02
Project File 00-046(A)
$:~Engddmtn~Prodectsi2000~2000-O461CONSTRC73co3 finalmem-04 16 02 doc
CHANGE NO. 3/Final
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 00-46 DATE:
PROJECT TITLE: SE/SW Area Improvements
TO CONTRACTOR: Florida Blacktop, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments changes per attached Schedule 'A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
TOTAL PER CENT INCREASE TO DATE 14.5%
$ 1,133,457.03
$ 180,153.11
$ 1,313,610.14
$ -15,781.36
$ 1,297,828.78
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Florida Blacktop, Inc
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from 370-3162-541-65.45 (2000 Road bond- SE/SW Area).
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
By:
Mayor
APPROVED:
ATTEST:
By:
City Attorney City Clerk
Agenda Item No._
Request to be placed on:
AGENDA REQUEST
Date: April 10, 2.002
--X-Regular Agenda
Special Agenda
Workshop Agenda
When: Apdl 16, 2002
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #3/Final to Florida
Blacktop, Inc. on the SE/SW Infrastructure Improvements, PN 00-046 It is for the final plus/minus
quantity adjustments, miscellaneous changes to the original Contract, and liquidated delay damages.
Change Order #3/F~nal is a net deduct in the amount of $15,781.36.
A request is also made for final payment in the amount of $56,22,9 52 to Florida Blacktop, Inc.
Residual funds to be liquidated from PO~593306 to 370-3162-541-65.45, 2000 Roadway Bond SE/SW
Area in the amount $15,781.36.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #3/Final and Final Payment to Florida
Department head signature: ' ~-~'-'-~' - O'/./
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~,~i~d on all items involving expenditure of funds):
Funding available Y~.~S/NO
Funding alternatives (if applicable): see above
Account No. & Description.~?'O-j'/~, ~ -5'"/I ~.~'~/5'-d,~- ,.rZz~ ~,~gg[
Account Balance ~ l~ ~- ~.~ ,-~ -~Ag).-,-'~/~//
City Manager Review: '~
Approved for agenda: ~'~/~O ~
Hold Until: ~_
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\,.&00-046~AGREQCO3 closeout 04.16.02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM <~ - REGULAR MEETING OF APRIL 16, 2002
CONTRA(~Tf ADDITION ((~,O. #1)/CHAZ EOUIPMENT? INC.
DATE: APRIL 12, 2002
This is before the City Commission to approve a contract addition (C.O. #1) to the N.E. 4~' Street
Widening project in the amount of $66,800.00 to Chaz Equipment, Inc.. The contract addition is for
the wet well rehabilitation and access hatches at Lift Station 17. This will consist of lining the interior
of the wet well with a cementations coating and replacement of the deteriorated access hatches.
Funding is avuihble from 442-5178-536-61.83 (I_rift Station Rehabilitation).
Recommend approval of the contract addition (C.O. #1) with Chaz Equipment, Inc. for the
rehabilitation of the wet well and access hatches at Lift Station 17.
S: \City Clerk \chevelle folder \ agenda memos \ Contract Addmon. Chaz Eqmpmen t. 04.16.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
SUBJECT:
DAVID HARDEN
City Manager
C. DANVERS BEATTY, P.E.~
Deputy Director of Public Ut.~q~ ~
N.E. 4TM STREET WIDENING, PN 2000-003
Contract Addition for rehabilitation of lift station 17
DATE: APRIL 9, 2002
U M
www delrayesd com
Attached is an Agenda Request and related documentation for City Commission to approve a
Contract Addition (C.O. #1) to Chaz Equipment, Inc. in the amount of $66,800.00 to the N.£.
4th Street widening project. This Contract Addition is for the rehabilitation of the wet well and
access hatches at Lift Station 17. The work generally consist of lining the interior of the wet well
utilizing a cementations coating and replacement of the access hatches which have deteriorated
from exposure to sewer gases. This work was originally included in the Venetian Drive project but
was deleted from the scope of work in order to expedite the completion of the project. Chaz
Equipment, Inc. is the local supplier/applicator of "Sewerper Coat" which is our specified
cementations coating for lift stations and manholes. Additionally, Chaz Equipment, Inc. was the
original subcontractor to Tel-Con, Inc. for the Lift Station 17 Rehabilitation work which was
included as part of the Venetian Drive Project.
Prices are commensurate with the work to be performed. Chaz Equipment, Inc. has successfully
completed work of this nature previously for the City.
Funding source is 442-5178-536-61.83 (Lift Station Rehabilitation). A budget transfer is
attached.
CC.'
Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Maintenance Manager
Rafael Ballestero, Deputy Director of Construction
Victor Majtenyi, Asst. Construction Manager
City Clerk
Agenda File
S. IEngAdmtn~Projectsi2OOOI2OOO-OO3[CONSTRCT~colmern-040902 doc
CHANGE NO. 1
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
(Contract AddiUon) PROJECT NO. 2000-003 DATE:
NE 4th Street Road Widening
Chaz Equipment Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Rehabilitation of the wet well and access hatches at Lift Station 17. The work consists of lining the interior of the wet well
utilizing a cementations coating and replacement of the access hatches.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 39.5%
TOTAL PER CENT INCREASE TO DATE 39.5%
$ 169,132.50
$ 0.00
$ 169,132.50
$ 66,800.00
$ 235,932.50
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fmr and reasonable and m proper rano to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Inc..
(Contractor to s~gn & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-61.83 (Lift Station Rehab)
DELRAY BEACH, FLORIDA by its C~ty Commission
RECOMMEND:
for Enviromental Services
APPROVED:
By:
Mayor
ATTEST:
By:
City Attorney City Clerk
"'i CHAZ EQUIPMENT COMPANY, INC
· 3350 FAIRLANE FARMS ROAD, UNIT
O
I
I WELLINGTON, FLORIDA33414
UR>{ NO, : 1561S3321~
PROPOSAL
NAME
STREET
PROPOSAL SUBMITTED TO
CITY OF DELRAY, ATTN DAN BEATTY, DIRECTOR OF PUBLIC
UTILITIES
~ ~, ~WINTON AVENUE
CITY DELRAY BEACH
aTATE
FLORIDA 33344
2.'6 ~02 20:3t3qll P2
Page NO 1
of ; Pages
PHONE 501.243.7'cX~ JDATE ~z~ol/az
;08 NAME REHAEIL'.TATION Or LIFT STATION #17
STREET
3ITY DELRAY BEACH 18T&TE FLORIDA
We hereby submit speciflcaaons and emmate for:.
8COPE OF WORK:
ITEM 1,
Remove existing coatings and apply a minimum 1/2" thi~k
of LaFarge SewperCoat PG to the intedor of Chamber A
and B
Approximately 1870 sf ~ $20,00 I~er sf
$ 37,400.00
ITEM 2
Furnish, set up and maintain By-PaSS
PumPing Operation
PROPOSAL TOTAL:
Includes. Mobilization
........................... _m. .........
Excludes: Permits
Tesfir~ Fees
$ ~,600.o0
We hereby p~opaae to furmsh Jabot and materials - complete in accordance with thc above specificattous, for the ~um of
FORTY FOUR THOUSAND
PAYMENT DUE THIRTY DAYS AFTER RECEIPT OF INVOICE
doila.~ ($
) wRh payment m b~ ~ as follows,
ACCS r. ca ;aOPOSAL
Th¢ Id>~)vc laric~, ~ifi~t:oas and ¢onmU~n~ mz h~ehy acceded, You ~ au~ori/~ t~ ~ the ~rk as ~ilie8 Paym~t ~ ~ ~d~
as cuth~ a~e.
ACC~
PROPOSAL SUBMITTED TO:
II. ME C~ of Delray Beach %Mr Dan Beatty
~R~ET 434 $, SWlnton Ave.
01TY D~r, ay Beach
bTATE FI ~3444.
PROPOSAL
Rp~--. ~.0 L--"~02 ~8:57¢1H P2
Pag= No. 1
of 1 Page~
PHONE 561-3,.q~2109
JOB NAM~ L$17 Hatch Replacement (ravia, ed 4/9/02)
STREET MacPartane Dr/Ingraham Dr
CITY Delmy Beach .STAT~ FL
We hc~cby submit specifications and estimat~ for:.
1) Ret'4ae midltklg Ilat~i. I~tlll raw E x 48" Al-ID I.t.20 LOadktg Hater ~ the attached ~il, Propo~eO Installation bo~J~ :letatt meets US Found~
Lump Sum FumisMns~t
2~ RetlYnm exi~lng Hatch. Dowel ~ Rebnt tl~ 12" OC Ee~ Way into oonerete and across o~ening 10edrne~r (2 mats - top anc~ bottom). Fo~m ~1 pou~
eoncmte ta bloc~ hole, Canctete ~# be ~ flush w~h top etala,
Lutttp Sum Fumbh/in~tall Pri~e b Sg00.00/ea. ~2 Openings a $1.800.00
We hereby propose to ~J~t labor and material< - compie~ in ac¢onlan~e with tb~ above specif'~ for the sum or
Tv~nt,z.-two tl~ousand Elgm-hundm~ dollars ($ 22800.130 ) with payment to be made as
DA 'rE Signa~,e
*. ,
Agenda Item No.__
Request to be placed on:
---X----Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Date: April 9. 2002
When: April, 16 2002
Description of item (who, what, where, how mucl
Commission to approve a Contract Addition (C.O. #1)
$66,800.00 to the N.E. 4th Street widening project. This C
wet well and access hatches at Lift Station 17. The work ge
well utilizing a cementations coating and replacement of the
exposure to sewer gases.
Prices are commensurate with the work to be performed.
Station Rehabilitation).
ORDINANCE/RESOLUTION REQUIRED: Not required
Recommendation:Staff recomme/~.~f Contra/~
Department head signature: (-~'- ,,~',.,,~ .~',,==~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~d on all items involving
Funding available:~O
Funding alternatives (if applicable):
Account No. & Description /-/-,'-/,~.
Account Balance ~,-, ,-/'f~,~/--
City Manager Review: ..... -C/~..,~ _. A
Approved for agenda: ~_.~/NOHold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects~2000~2000-003\CONSTRCTtAGREQ040902.doc
t: Attached is an Agenda Request for City
Chaz Equipment, Inc. in the amount of
~ntract Addition is for the rehabilitation of the
~erally consist of lining the interior of the wet
access hatches which have deteriorated from
Funding source is 442-5178-536-61.83 (Lift
._O. #1) to Chaz Equipment, Inc.
,xpenditure of funds):
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM x(a {~- REGULAR MEETING OF APRIL 16. 2002
CHANGE ORDER NO. S/FINAL PAYMENT/MURRAY
CONSTRUCTION, INC.
DATE: APRIL 12, 2002
LOGAN
This is before the City Commission to approve Change Order No. 3 in the amount of $2,464.00 and
final payment in the amount of $83,262.00 to Murray Logan Construction, Inc. for completion of
Rehabilitation of Lift Station 31 project, plus replacement of pump rails and breakaway plagues on
nine additional lift stations.
Funding is available from 442-5178-536-61.83 (Lift Station Rehabilitation).
Recommend approval of Change Order No. 3 and final payment to Murray Logan Construction, Inc.
&\Cay Clerk\chevelle folder\agenda memo~\Fmal Payment. Murray Logan Construct~on,lnc. O4At.02
City Of Delray Beach
Department of Environrnental Services
M E M 0 R A N D U M
www delrayesd com
TO:
FROM:
DAVID HARDEN
City Manager
VICTOR MAJTENYI~~
Assistant Construction Manager
SUBJECT: REHABILITATION OF LIFT STATION 31 (PN 2001-012)
Change Order #3/Final and Final Payment
DATE:
APRIL 10, 2002
Attached is an Agenda Request for City Commission to approve a Change Order #31Final to Murray
Logan Construction, Inc. in the amount of $2,464.00 on the Rehabilitation of Lift Station 31 project, (PN
2001-012). This Change Order ~s a reimbursement for VAC Truck services for 2 days while the City's truck
was out of service In addition, staff requests approval for final payment in the amount of $83,262.00 to
Murray Logan Construction, Inc.
The contractor has successfully completed the project.
Funding source is 442-5178-536-61.83 (Lift Station Rehabilitation). A budget transfer is attached.
CC:
Richard Hasko; Director of ESD
Dan Beatty; Dep. Dir of Public Utilities
Rafael Ballestero; Dep. Dir, of Construchon
Agenda file 04/16/02
Project File 00-12 (A)
S' ~Eng~dmtn~Projectsl200112001-O I 21CONSTRC~co3mem-04 16 02 doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3/Final PROJECT NO. 2001-012 DATE:
PROJECT TITLE: Rehabilitation of Lift Station 31)
TO CONTRACTOR: Murray Logan Construction Co.. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Provide reimbursement for VAC Truck services for 2 days in the amount of $2,464.00 while the City's truck was out of
service.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 2.9%
TOTAL PER CENT INCREASE TO DATE 97.2%
$ 84,800.00
$ 79,950.00
$ 164,750.00
$ 2,464.00
$ 167,214.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Murray Logan Construction Co., Inc. Co. Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-61 83 (Lift Station Rehab)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
By:
Mayor
APPROVED:
ATTEST:
By:
City Attorney City Clerk
CHANGE NO. 1
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 99-37 DATE:
Rehabilitation of Lift Station 31)
Murray Logan Construction Co.. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Provide rehabilitation of City lift stations nos.84, 92, 60A, 10A, 12, 56, 86C, 5lB and 101 per attached Schedule A and as
directed by CDB Environmental Services Lift Station Maintenance Division.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 87%
TOTAL PER CENT INCREASE TO DATE 87%
$ 84,800.00
$ 0.00
$ 84,800.00
$ 74,000.00
$ 158,800.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Murray Logan Construction Co., Inc. Co. Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-61.83 (Lift Station Rehab)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
By:
Mayor
APPROVED:
ATTEST:
By:
City Attorney City Clerk
Agenda Item No.
AGENDA REQUEST
Date: April 10, 2002
Request to be placed on:
---X--Regular Agenda
Special Agenda
Workshop Agenda
VVhen: Apdl 16, 2002
Description of item (who, what, where, how much):
Attached is an Agenda Request for City Commission to approve a Change Order #31Final to Murray
Logan Construction, Inc. in the amount of $2,464.00 on the Rehabilitation of Lift Station 31 project,
(PN 2001-012) This Change Order is for reimbursement for VAC Truck services for 2 days while the
City's truck was out of service. In addition, staff requests approval for final payment in the amount of
$83,262.00 to Murray Logan Construction, Inc.
Prices are commensurate with the work to be performed. Funding source is 442-5178-536-61.83 (Lift
Station Rehabilitation). A budget transfer is attached.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #3/Final and final payment to Murray
Logan Construction Co., Inc. /~j~~
Department head signature: .
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r,~:lu~d on all items involving expenditure of funds):
Funding available: YE~.~,NO .......
Funding alternatives-(if applicable): see above
Account No. & Description
Acco, u t~alaQ.~,e#/~-~ ~ Z2:~~(~ ~c,~_ o/~. ~~ ~ ~~ ~
City Manager Review: ~~~ ~//~/~ ~
Approved for agenda: YES/NO
,
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~..A01-012~agreq 04.16 02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM <~--' ' ~ - REGULAR MEETING OF APRIL 16, 2002
SERVICE AUTHORIZATION #5.1/CH2M HILL (ANION EXCHANGE
PROJECT)
DATE: APRIL 12, 2002
This is before the City Commission to approve Service Authorization #5.1 with CH2M Hill in the
mount of $192,007.00 for professional services for final engineering design, permitting, and bidding
of the Anion Exchange Treatment Process.
Funding is available from 442-5178-536-63.87 (Anion Exchange Project).
Recommend approval of Service Authorization #5.1 with CH2M Hill for the Anion Exchange
Project.
S:\City Clerk\chevelle folder\agenda memos\SerwceAuth.#5 ICH2M I-Ifil. Anion Exchange Project.04.16.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U
M
TO:
FROM:
David T. Harden
City Manager
C. Danvers Beatty, P.E. _ ]~~p-~
Deputy Director of Pubt/qUtilit~
DATE: April 10, 2002
SUBJECT: Anion Exchange Treatment Process Final Design, Permitting and Bidding
Project Number 2000-013
Attached is an Agenda Request and related information for Service Authorization No. 5.1 to
CH2MHILL for professional engineering services related to the subject project. Services include
final engineering design permitting and bidding of the Anion Exchange Treatment Process. The
total amount of Service Authorization No. 5.1 is $192,007.00 and funding is available from
Account # 442-5178-536.63.87, Anion Exchange Project (budget transfer is attached).
Please place this item on the April, 16 2002 Agenda for consideration by City Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, Manager of Water Treatment Plant
City Clerk
Agenda File
S ~EngAdm~nLProjects~2001 ~2001-013\OFFICIAL~a, genda memo41002 doc
Service Authorization No. 5.1 to the
Agreement to Furnish Professional Services
Dated July 6, 1999, Between the City of Delray
Beach, Florida and CH2M HILL, Inc.
City P.O. Number: City Project Number
Title: Final Design, Permitting and Bidding Services for the Anion Exchange System
Category of Work: Professional Engineering Services - Design, Permitting, and Bidding
General
This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services
agreement referenced above and shall become part of that AGREEMENT as ff written there
in full. Changes in the indicated Scope of Services will be subject to renegotiafion and
implemented through an Amendment to this agreement.
Introduction
The City of Delray Beach (CITY) completed an Alternative Water Supply and Treatment
Feasibility study in June 2001. The primary objective of this study was to identify a cost-
effective measure, either through alternative source water usage or treatment process
modifications, to meet Stage 1 and Stage 2 Disinfection/Disinfectant By-Product (D/DBP)
Rule requirements and to reduce finished water color levels to less than 10 CU. The study
assumed that only Treatment Train 2, which receives raw water with the highest color
levels, would be modified, and that treated water from this train would be blended with
treated water from Treatment Train 1 to produce the finished water for distribution.
A cost/benefit analysis indicated that two treatment processes, anion exchange and
membrane softening, were the most feasible alternatives. A Thermax resin anion exchange
process was the least cost alternative. The membrane softening process was the highest cost,
but provided more long-term protection from future regulated water quality constituents.
The CITY prepared its own analysis of the capital expenditure requirements of the two
recommended alternatives and elected to proceed with the short-term solution of Anion
Exchange. This decision was based on the following:
Membranes are more expensive and required replacement of one lime softening
treatment train
· Anion-Exchange provides adequate treatment for the Stage 1 and Stage 2 D/DBP
requirements and is an "add-on" to the current lime softening treatment, rather than
a replacement
· The current lime softening system is only 10 years old
DFB/981040007/SET561.DOC 1
Task 1.1 - Construction Drawings
CH2M HILL will produce civil, structural, mechanical, instrtmaentafion and electrical
construction drawings. It is estimated CH2M HILL will produce 50 construction drawings.
Drawings will be produced on ll-inch by 17-inch sheets and will include:
· General
· Site/civil layouts
· Structural and demolition
· Mechanical - equipment and piping
· Electrical and Instrttmentation
· Process and instrtLrnentation diagrams (P&ID's)
Full size drawings will be produced for permit review, other drawings produced will be
11" x 17".
Task 1.2 - Detailed Structural Analysis and Modifications to the Existing Clearwell
CH2M HILL will conduct a detailed structural analysis on the existing clearwell slab and
design modifications necessary to support the weight of the proposed AE units. Other
structural modifications to the existing clearwell include a baffle wall inside the clearwell to
prevent short-circuiting.
Task 1.3 - Additional Structural and Architectural Modifications
CH2M HILL will provide additional structural analysis and design modifications for the AE
system pump pads and piping supports, access walkways, catwalks connecting with
clarifiers # 2 and 4, proposed canopy, construction of walls adjacent to filters seven and
eight, and the brine and spent regenerant storage facilities.
Task 1.4 - Construction Documents
CH2M HILL will produce construction documents for the AE System, which will include
specifications, equipment and instrument lists, and functional descriptions. Specifications
will be prepared in conformance with the sixteen-division format of the Construction
Specifications Institute (CSI).
Task 1.5 - 75 percent Design Submittal
CH2MHILL will provide a 75 percent design submittal (six copies of documents) for the AE
System utilizing the design concepts developed and approved in the Preliminary Anion
Exchange Design. The submittal will include the following:
· Draft technical specifications and construction documents
· Design drawings (11 x 17 copies)
Task 1.6 - 90 percent Design Submittal
CH2MHILL will provide a 90 percent design submittal (six copies of documents) for the AE
System utilizing the design concepts developed and approved in the 75 percent design. The
submittal will include the following:
· Draft technical specifications and construction documents
OFER81040007/SET561.DOC 3
Task 2.1 - Palm Beach County Health Department
CH2M HILL will prepare the necessary permit application (FDEP Form 62-555.900) and
submit with the required documentation (e.g., engineering report, drawings, specifications,
permit fee, etc.) to the Palm Beach County Health Department (PBCHD). The CITY will be
responsible for obtaining the necessary permit fee and submitting to CH2M HILL.
CH2M HILL will address and respond to requests for information from PBCHD. Upon
receipt of the Notice of Intent to Issue from PBCHD, CH2M HILL will provide the necessary
information to the CITY so that the Notice can be advertised in the Palm Beach Post or other
local newspaper for general circulation. Upon receipt of the final permit, CH2M HILL will
submit the original to the CITY and retain a copy for our records and use during
construction.
Task 2.2 - SCRWWTP IPP
CH2M HILL will submit the necessary application and document to the SCRWWTP to
obtain an IPP for direct discharge of the anion exchange regenerate into the CITY's sanitary
sewer collection system. CH2M HILL will address and respond to requests for information
from SCRWWTP and follow through until the permit is received.
Task 3 - Bid Phase Services
Bid phase services will be provided for the AE System design package. The bid phase
services to be performed by CH2M HILL are:
Task 3.1 - Bid Package Preparation
CH2M HILL will prepare a Drawing and Specification's package for bidding purposes.
CH2M HILL will reproduce and distribute construction bid docttments or solicitation of
quotes to prospective bidders, on behalf of the CITY.
Task 3.2 - Pre-Bid Meetings
CH2M HILL will attend one Pre-Bid meeting and issue meeting minutes summarizing
topics of discussion and responding to significant Bidder questions.
Task 3.3 - Technical Issues
CH2M HILL will coordinate all communications with bidders on matters related to
technical aspects of the AE system design. All correspondence on these matters will be
copied to the CITY.
Task 3.4 - Addenda
CH2M HILL will issue addenda, if required, based upon the questions of prospective
bidders and the need to clarify the Contract Documents intent.
Task 3.5 - Bid Review
CH2M HILL will review the bids received for accuracy and completeness and prepare Bid
Tabulation for review by the CITY. CH2M HILL will review Bid Documents of the apparent
low bidder including payment and performance bond information, insurance information,
DFB/98104OGO7/SET561.DOC 5
· The CITY will provide site survey information for all structures and
above/underground piping in the areas impacted by the new processes.
· Site/civil drawings will be based upon record drawings or by survey information
supplied by the CITY. Potential conflicts will be confirmed by the CITY.
· Stormwater, lighting, plumbing drawings, and demolition of the air stripping towers
are not included in this estimate.
· The CITY will pay for costs of all permits related to the regulatory agencies specified
in Task 3. Building permits will be paid by the contractor.
· This scope of services assumes that the CITY is successful in negotiating an
agreement with the SCRWWTP for direct discharge of anion exchange regenerate
into the sanitary sewer system. If additional permitting is required, such as
SFWMD, due to changes in this approach, an amendment to this authorization will
be required.
Obligations of the City
The CITY will provide available information that will assist CH2M HILL to successfully
complete this scope of services described herein, which include, but are not limited to the
following:
· Provide existing equipment catalog information, operation and maintenance
manuals and record drawings.
· Provide payment for all regulatory agency permit fees associated with the project.
(Note: Building permit fees are to be paid by the construction Contractor).
· Provide additional record drawings, previous surveys, utility drawings, easement
drawings, or other information to assist in the identification and location of
underground utilities and piping.
· Perform excavations, as required, to identify locations of buried pipes and utilities
that may pose a conflict to the new facilities.
· The CITY will review all materials throughout the design of this project within five
working days.
Additional Services
CH2M HILL will, as directed, provide additional services that are related to the project, but
not included within this Scope of Work. These and other services can be provided, if
desired by the CITY, under separate task orders or amendments to this task order. Work
will begin for the Additional Services after receipt of a written notice to proceed from the
CITY. Additional services may include:
· Services to perform surveying of the site.
· Construction Phase Services and preparation of record drawings.
· Services rendered to resolve claims, litigation, and other controversy in connection
with this project when such action is for causes beyond the ENGINEER's control.
· Services for processing change orders involving requested changes in the approved
design.
· Additional permitting.
DFB/~1040007/SET561 .DOC 7
Approved by:
CITY OF DELRAY BEACH:
Date:
David Schrnidt
Mayor
Attest:
Approved as to Legal Sufficiency and Form
CH2M HILL, INC. (Corporate Seal)
James C. Dyak, (date)
Area Manager
Witness
Witness
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was
acknowledged before me this xxth day of,
(Month) 2002, by James Dyak, Area
Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation. He
is personally known to me and (did/did not)
take an oath.
Bobbie Willcox
Notary Public
State of Florida
(Seal)
DFB/981040007/SET561 DOC 9
No.
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item
Date: September 25, 2001
When: October 2, 2001
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization No. 5.1 to CH2MHILL for professional services for final engineering design, permitting and
bidding of the Anion Exchange Treatment Process. The total amount of Service Authorization No. 51 is
$192,007.00 and funding is available from Account # 442-5178-536-63.87, Anion Exchange Project.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval o$,.~rvl~m~orization No. 5.1 for CH2MHILL in the
amount of $192,007.00.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
AccountNo.&Descnpfion4g~¢~ ~,5'-/ r78'~5.'~ 6,-/o.~.o°7~ ,4 nio,o
City Manager Review:
Approved
for agenda:/t~/NO
Hold Until:
Agenda Coordinator Review: ·
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmlnLProjects~001L2001-013\OFFICIAL'~gendaReq - 41002 doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY ODMMISSIONERS
CITY MANAGER~ ~
AGENDA ITEM ~ - REGULAR MEETING OF APRIL 16, 2002
RESOLUTION NO. 32-02
DATE: April 12, 2002
This is a resolution assessing costs for abatement action required for emergency board up of an unsafe
structure located at 82! SW 10~h 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 Resolution No. 32-02.
AgmemoBoardup.821 SW 10t~ Avenue
RESOLUTION NO. 32-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
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
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 32-02
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
, 2002.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 32-02
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
JAMES E CLINTON
MAILING ADDRESS:
PROPERTY ADDRESS:
333 NW 3rd AVENUE~ DELRAY BEACH~ FL 33444
821 SW l0th AVENUE
LEGAL DESCRIPTION: LOT 9~ BLOCK 4~ DELRAY HEIGHTS ACCORDING TO PLAT
BOOK 25~ PAGE 186 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 $ 919.09 ,by resolution of the City Commission of the City
of Delray Beach, Florida, dated ., 2002 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 February 26~ 2002 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.
4
Res. No. 32-02
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on February 26. 2002
at a cost of $ 919.09 which includes a ten percent (10%) administrative fee. If you fail to
pay this cost within thirty (30) days, that cost plus additional administrative and recording
costs shall be recorded in the official Records of Palm Beach County, Florida against the
above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 32-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~-~' - REGULAR MEETING OF APRIL 16, 2002
RESOLUTION NO. 33-02
DATE: April 12, 2002
This is a resolution assessing costs for abatement action required for the emergency board up of an unsafe
structure located at 301 SE 6'h 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 Resolution No. 33-02.
AgmemoBoardup. 301 SE 6u~ Avenue
RESOLUTION NO. 33-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH i~BATEMENT ARD LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
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
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 33-02
the rate of six percent (6%) per aD_hum, 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
, 2002.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 33-02
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
BOUGHTON HOTEL, INC.
MAILING ADDRESS:
PROPERTY ADDRESS:
c/o JESTINA C. BOUGHTON, 525 EAST ATLANTIC AVENUE
301 SE 6th AVENUE, DELRAY BEACH, FL 33444
LEGAL DESCRIPTION: LOTS 1 AND 2, BLOCK 120, BLANK NICHOLS ACCORDING
TO PLAT BOOK 13, PAGE 29 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 $1~898.01 by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 2002 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 February 27~ 2002 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. 33-02
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on March 5~ 2002 at a cost of
$1~898.01which 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 FORECLOSUR~ OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 33-02
5
MEMORANDUM
TO.
FROM:
SUBJECT:
MAYOR AND CITY GOMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~-~- REGULAR MEETING OF APRIL 16, 2001
RESOLUTION NO. 34-02
DATE: April 12, 2002
This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12)
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. 34-02.
AgmemoCE.Res No 34-02
City C_~4ssion a report of the costs incurred in abating said nuisance(s) as
a£oresaid, said report indicating the costs par parcel of land involved; and,
~RF~WS, the City Cmnmission of the City o£ Dalray Beech, pursuant to
Chapter lO0 of the Coda of Ordinances desires to assess the cost o£ said nuisance(s)
against said property owner(s),
NOW, TI~REFORE, BR XT ~BOLV~D BY TI~ CZTY COMMXBBZON OF T~E CZTY OF DELI~Y
BF~C~, FLORtDA, AS FOLLOWgt
Section 1. That assasmnts in the individual amounts es shown by the
report of the City Manager o£ the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, & copy of which is attached hereto and made m part harasS, 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 a£tar
mailing of the notice described in Sec. 3, bacons · limn upon the respective lots and
parcel(s) of land described in said report, of the s~ae nature and to the same extant
es the lien for general city taxes and shall be collectible in the same manner as
~rtgagas and foreclosures ara under state law.
Section 2. That such assessments /hall 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 i~nediately mail bm first class mail to the o~er(s) of the property, as
much ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Cu--./ssion of the City of Delray Beach on the has
levied an &ssasamant against said property for the colt of statement of said nuisance
by the City, and that said assessment is due end payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall ba placed on
said property, and interest will eccrua et the rate of 8% par annum, plus raasonebla
attorney's fees end other costs of collecting said sums. A Notice of Lien shall ba
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
£r~ the date of adoption and the assessment(s) contained herein shall bec~e due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which · lien shall ba pl&ced on laid property(s), and interest shall accrue et
the rate of eight (8) percent par --~um plus, if collection proceedings are necessary,
the costs of such proceedings including & reasoneble attorney's fee.
Section S. That in the event that payment has not been received bm 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 o£ P&~ Beach County, Florida, and upon the data and time of recording
of the certified copy of this resolution a lien shall bac~me effective on the subject
property which shell secure the cost of statement, interest mt the rata of 8%, and
collection costs including & raasoneble attorney's fee.
Res. No. 34-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COlVIMISSIONERS
CITY MANAGER~
AGENDA ITEM ~-~- REGULAR MEETING OF APRIL 16, 2001
RESOLUTION NO. 34-02
DATE: April 12, 2002
This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12)
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. 34-02.
AgmemoCE.Res No 34-02
RESOLUTION NO. 34-02
A RESOLUTION OF TI~ CITY COMMISSION OF TI~ CITY OF DELRAY BEACh,
FLORIDA, PURSUANT TO CI~APTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DBLRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED NITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SNALL ACCOMPANY TH~ NOTICE OF ASSESSMENT;
SETTING OUT A~-,-uAL COSTS INCURRED BY TH~ CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIV~ DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSM~ITTS ~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR ~FRPAID
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 laid land(l) and has determ/ned that a nuisance existed in
accordance with the standards let forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached lilt with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) 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 laid 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 al an asseelment against said property~ and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
relpective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time l~m/ts prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, laid
property owner(s) £ailed and/or neglected to abate luch nuisance(s) within the time
delignated at the hearing wherein a decision was rendered adverse to the property
owner(i)! and,
WHEREAS, the City of Delray Beach, through the City A~4niltration or much
agents or contractors hired b~ the City ~-~niltration was therefore required to and
did Inter 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 Beach, subm/tted to the
City C~ssion · rsport of the costs incurred ~n abating said nuisance(s) as
aforssa£d, said report indicating the costs per parcel of ~and involved~ and,
WHEREAS, the City C_~-~ssion of the City of Delr·¥ Beach, pursuant to
Chapter ZOO of the Cods of Ordinances desires to assess tho cost of said nuis~nce(s)
&g·inst said property owner(s),
NOW, THEREFORE, BB ZT RESOLVED BY THE CZTY COMMISSZON OF THE CZTY OF DBLRAY
BEACH, FLORZDA, AS FOLLOWSz
Section 1. That assessments in the ~ndividu·l amounts as shown by the
report of tbs City Manager of the City of Delray Bsach, ~nvolving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, · copy of which ~s attached hereto and made · part hsreof, are hereby levied
against the parcel(s) of land described An said report end An the amount(s) indicated
thereon. S&id assessments so levied shall, i£ not paid within thirty (30) days after
mailing of the notice described An Sec. 3, become · lien upon the respective lots end
parcel(s) of land described An said report, of ths same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall bo legal, valid and banding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Dslray Beach ~s hereby
directed to immediately mail by first cl&ss mail to the owner(s) of the property, ·s
such ownership appears upon the records of the County Tax Assessor, notice(s) that ths
City Comm/ssion of the City of Delray Beach on the has
levied en assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and p&yebls within thirty (30) days after
the mailing date of said notice of asssssment, after which · lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
Ittoruey'l fees and other costs of collecting laid sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment end this resolution.
Section 4. That th~s resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due end
payable thirty (30) days after the mailing date of tho notice of said assessment(s),
after which · lien sh&11 be placed on said property(s), end interest shall ·ccrus at
the rat% of eight (8) percent per ~--um plus, if collsct£on proceedings ars necessary,
tho colts of such proceedings ~ncluding · reasonable Itt·ruBy's fee.
Section 5. That in the event that payment has not been received b~ the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hsreby directed to record · certified copy of this resolution An the
public records of P&lm Beach County, Florida, and upon tho date and time of recording
of the certified copy of this resolution · lien sh&11 become effective on tbs subject
property which sh&11 secure the cost of abatement, intersst at the rate of 8%, end
collection costs including · reasonable &ttornsy's fee.
Res. No. 34-02
· 2002.
da~ of
MAYOR
ATTEST
City Clerk
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ! ASSESSMENT
WINSTON COND, UNIT 1, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL WYD CORP
(137 SOUTH SW INTON AVE # 1 ) 9716 COLOCASlA WAY
PC # 12 43 46 16 70 000 0010 BOYNTON BEACH, FL 33436
CUST ID # 8831 $ 61.80
$ 55.00 ADM FEE
SOUTHRIDGE, LOT 29, BLOCK 1, PB 13, P 38,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARIA DELACONCEPCION
(321 STERLING AVENUE) VILLA TOLEDO
PC # 12 43 46 20 13 001 0290 AVEIDA PAEL PARAISO
CUST ID #483 CARACAS, VENEZUELA00038 $ 65.90
$ 55.00 ADM FEE
WEST SIDE HEIGHTS DELRAY, LOT 22, BLOCK D,
PB 13, P 61, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL JIMMY WEATHERSPOON &
(38 NW 8TH AVENUE) MARIAN WEATHERSPOON
PC # 12 43 46 17 26 004 0220 130 NW 8TH AVENUE
CUST ID # 6766 DELRAY BEACH, FL 33444 $ 77.25 I
$ 55.00 ADM FEE
DELRAY MANOR ADD TO DELRAY, LOT 18,
PB 12, P 59, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL MIDFIRST BANK
(501 SW 10TH STREET) P.O. BOX 268950
PC # 12 43 46 20 12 000 0180 OKLAHOMA CITY, OK 73126
CUST ID # 9480 $ 46.35
$ 55.00 ADM FEE
REPLAT OF IDA LAKE TERRACE, N 80 FT OF
SLY 227.09 FT OF E 151.76 FT OF BLOCK 3,
PB 1, P 3, PUBLIC RECORDS OF WILLIAM V. VULTAGGIO
PALM BEACH COUNTY, FL 11 LAKE COURT
(NW 3RD AVENUE) MASSAPEQUA, NY 11758-5803
PC # 12 43 46 08 14 003 0010 .
CUST ID # 9479 $ 65.90
$ 55.00 ADM FEE
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
DELRAY SHORES 1ST ADD, LOT 18, BLOCK 15,
PB 28, P 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL SECRETARY OF HOUSING &
(2655 DORSON WAY) URBAN DEVELOPMENT
PC # 12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500
CUST ID # 8389 MIAMI, FL 33131 74.90
55.00 ADM FEE
DELRAY SHORES, LOT 9, BLOCK 11, PB 24, P 232 RUPERT RAMSEY
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 627 NW 5TH STREET
(2543 ANGLER WAY) BOYNTON BEACH, FL 33435
PC # 12 43 46 07 01 011 0090
CUST ID # 9303 58.18
55.00 ADM FEE
DELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 232,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARKER 88, INC.
(524 ANGLER DRIVE) 4560 RIVER BOTTOM DRIVE
PC # 12 43 46 07 01 003 0030 NORCROSS, GA 30092 '
CUST ID # 8163 58.18 _
55.00 ADM FEE
ROBERT G. ALLEN &
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, PATRIClA ALLEN
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 206 SW 2ND AVENUE
(206 SW 2ND AVENUE) DELRAY BEACH, FL 33444
PC # 12 43 46 16 01 047 0030
CUST ID # 60 65.90
55.00 ADM FEE
ENRIQUE C. RAMOS
SUNSET PARK DELRAY, LOT 51 PB 12, P 65, AMPARO RAMOS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL CIO RENE RAMOS
(1015 MANGO DRIVE) 1019 MANGO DRIVE
PC # 12 43 46 20 16 000 0510 DELRAY BEACH, FL 33444
CUST ID # 524 58.181
55.00 ADM FEE
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, N 50 FT OF S 1/2 LESS S 8 FT
OF E 135 FT, BLOCK 22, PB 1, P 3, MAMIE L. YOUNG
PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 265
(126 SW 5TH AVENUE) DELRAY BEACH, FL 33447
PC # 12 43 46 16 01 022 0150
CUST ID # 6604 81.35
55.00 ADM FEE
JEFFERSON MANOR, LOT 48, PB 24, P 150,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL FIRST UNION BANK OF
(1331 NW 3RD STREET) DELAWARE
PC # 12 43 46 17 24 000 0480 1270 NORTHLAND DR. STE 200
CUST ID # 9476 ST. PAUL, MN 55101 82.63
55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
Res. No. 34-02
MEMORANDUM
TO.
FROM:
SUBJECT:
MAYOR AND CITY ODMMISSIONERS
CITY MANAGER ~
AGENDA ITEM '~'-' - REGULAR MEETING OF APRIL 16, 2002
RESOLUTION NO. 35-02
DATE: April 12, 2002
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from four (4) properties within 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. 35-02.
Agmemo.&V_R~s No 35-02
RESOLUTION NO. 35-02
A RESOLUTION OF T~. CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the
Code of Ordinances; 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 remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s)
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 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 aforesaid nuisances 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
w/thin thirty (30) days after mailing of the notice described in Section 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 and w/th the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by 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 Commission of the City of Delray Beach on the
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 not/ce 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.
Sect/on 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30) days after the mailing date of the not/ce 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 annum 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 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 attorney's fee.
Res.No. 35-02
2
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
, 2002.
day of
ATTEST:
MAYOR
City Clerk
3 Res.No. 35-02
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
. . PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY N 37.5 FT OF E 130.44 FT
OF W 155.44 OF S 1/2 BLOCK 12, PB 1, P 3 SHEDRICK & LONIE B. FASHAW
PUBLIC RECORDS OF PALM BEACH COUNTY, FL & WILLIE WRIGHT
(221 NORTH COUNTRY CLUB BLVD) 221 NO. COUNTRY CLUB BLVD
PC # 12 43 46 16 01 012 0010 BOCA RATON, FL 33487-1437
CUST ID # 183 $ 30.00
$ 25.00 ADMFEE
OSCEOLA PARK, N 1/2 OF LOT 28 & 29,
BLOCK 13, PB 3, P 2, PUBLIC RECORDS OF JOSEPH WESNER &
PALM BEACH COUNTY, FL MICHELET DORTILUS
(715 SE 4TH AVENUE) 715 SE 4TH AVENUE
PC # 12 43 46 21 01 013 0281 DELRAY BEACH, FL 33483
CUST ID # 523 $185.00
$ 25.00 ADM/REC
osCEOLA PARK, LOT 4, BLOCK 6, PB 3, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL LIONEL DUROSEAU &
(201 SE 5TH STREET) JOSETTE DUROSEAU
PC # 12 43 46 21 01 006 0040 201 SE 5TH STREET
CUST ID # 9382 DELRAY BEACH, FL 33483 $ 85.00
$ 25.00 ADM/REC
SECTION 18-46-43, PAR 200 FT WIDE BY 680.62 FT
LONG E OF & ADJ TO SAL PJW IN E 1/2 OF NE 1/4 IN CSX TRANSPORTATION
DB 342, P 34, PB 14, P 563 & 566 & PB 295, P 145 500 WATER STREET
(LESS LEASED AREAS, 1-95 PJW & TH PT OF JACKSONVILLE, FL 32202-4423
SLY 590.13 FT AS IN OR 3588, P 1938
(DEPOT AVENUE)
PC # 12 43 46 18 00 000 1350
CUST ID # 9384
$ 85.OO
$ 25.00 ADM/REC
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
Res. No, 35-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~,
AGENDA ITEM '~REGUL3~ MEETING OF APRIL 16, 2002 GRANT
AWARD FOR HOU$IN~ REHABILITATION CONTRA. CT
DATE: APRIL 12, 2002
This is before the Commission to consider approval of the following housing rehabilitation contract:
· $25,000.00 to Henry Haywood for 514 SW 15~ Avenue
Funding is ava~ilable from 118-1963-554-49.19 (SHIP Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant award contract as outlined above.
S:\Cay Clerk\chevelle folder\agenda memos\CDBG Housing Rehab Award.04.16.02
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Specialist ~
April 8, 2002
SUBJECT: Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive
bidder). This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder, plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and ~ndividual case files are available for review in the Community Development
Division Office.
The Community Development D~vision is responsible for ensuring that the housing rehabihtation
contracts are awarded to the lowest responsible bidder, as a result of a formal b~d process.
Therefore, an m-house pohcy was created to limit awards to the lowest responsible b~dder as it
relates to the D~vision's professional in-house estimate. This serves to d~squahfy unreasonably
low bids and therefore protect against the resulting change order requests. This policy further
assists the Division with ~ts goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified
responsible low bidder and authorize award in the following amount:
Case Number Address Contractor
00-039 HR 514 SW 15th Avenue Henry Haywood
Grant Amount
$25,000.00
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-17 SH
APPLICANT: Jeanette Johnson
PROJECT ADDRESS: 514 SW 15th Avenue
DATE OF BID LETTERS: February 21~ 2002
DATE OF BID OPENING: March 7~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
WILLIAM HATCHER CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
HORIZON ROOFING
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE
AMOUNT OF BIDS
$ 24~235.00
$
$
$.
$.
$
24~482.00
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTRACT AMOUNT: $24~235 bid/contract amount (Housing Rehab. erant not to exceed
$25~000~ therefore contingency of 3.16% included: $24~235 + 3.16% Contingency = $25,000.00)
FUNDING SOURCE: CDBG Rehabilitation Proeram
COMMENTS:
Account No. 118-1963-554-49.19
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
__ Special Agenda
Workshop Agenda
x Consent Agenda
Description of item (who, what, where, how much):
Case Number Address
00-039 HR
514 SW 15th Avenue
Date: April 8, 2002
When: April 16, 2002
Contractor
Henry Haywood
Grant Amount
$25,OOO.OO
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of one (1) Community Development Block
Grant (CDBG) Housing Rehabilitation Grant and Contract award from Account 118-
1963-554-49.19 in the total amount of $25,000. This grant amount includes a 3.16%
contingency. If the standard 5% were added, the total grant amount would exceed the
program's $25,000.00/per unit maximum.
Department Head Signature: ~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~E..~/No q~ ql~l I~yL
Funding Alternatives:
Account No. & Description: ~%- VIb'5 '65 °l'~iq, 1~
Account Balance: ~ kq~,~c6 .'bO
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.(ifapplic.able) ~. ~ .
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER__S.
AGENDA ITEM '6 [.) _ REGULAR MEETING OF APRIL 16, 2002
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 12, 2002
Attached is the Report of Appealable Land Use Items for the period April 1, 2002 through April 12,
2002. It informs the Commission of the various land use actions taken by the designated boards, that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\chevelle folder\agenda mernos\apagmenx04.16.02
TO:
THRU:
FROM:
SUBJECT:
DAyll~ T. HARDEN, CITY MANAGER
PAUL DORLING~OIRECTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF APRIL 16, 2002 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 1, 2002 THRU
APRIL 12, 2002
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of April 1, 2002 through April
12, 2002.
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.
Tabled (5 to 0, Stewart and Perez-Azua absent), a request for a color change for
the Central Fire Station, 501 West Atlantic Avenue, located on the north side of
West Atlantic Avenue, between NW 5th Avenue and NW 6th Avenue. The item was
tabled as the Board requested that the colors for the front door as well as a color
rendering be provided.
Approved (5 to 0), a request for a color change for the City Attorney's Office, 201
NW 1st Avenue, located at the northwest corner of NW 1st Avenue and Martin
Luther King Jr. Drive (NW 2nd Street).
Approved with conditions (5 to 0), a Class I site plan modification associated with
an elevation change to an existing commercial building for Nate's Take-
City Commission Documentation
Appealable Items Meeting of April 16, 2002
Page 2
Out Restaurant, 171 Pineapple Grove Way, located of the east side of Pineapple
Grove Way (NE 2nd Avenue), south of NE 2nd Street.
Approved (5 to 0), a Class III site plan modification associated with the addition of
a 2,555 square foot second story storage room for Sherwood Pontiac, 2400
South Federal Highway, located on the west side of South Federal Highway,
approximately 600 feet north of Fladelrs Way. Concurrently, the architectural plan
was approved on a 3 to 2 vote (Sneiderman and DeCapito dissenting).
Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the construction of a 15,107 square foot industrial warehouse
for Tropic Supply Warehouse, located at the northwest corner of Lime Lane and
Poinsettia Drive. Concurrently, the Board approved the following waivers:
· Reduced the required landscape strip adjacent to the dumpster enclosure from
5' toO'.
· Permitted the proposed overhead doors to face the public right-of-way
(Poinsettia Drive).
· Waived the requirement for a five foot wide sidewalk along the adjacent streets
(Poinsettia Drive and Lime Lane) provided a sidewalk deferral is approved by
the City Commission to install the sidewalks when required by the City.
1. Approved (7 to 0), a request to reconsider the condition reducing the height of the
proposed freestanding sign from 7' to 5' for the Judge Knott Center for Historic
Preservation, located on the west side of Swinton Avenue, north of West Atlantic
Avenue (20 North Swinton Avenue).
Other Items:
The following non-appealable item was considered by the Board.
Approved (7 to 0), a variance to reduce the side interior building setback from 10'
to 5.92' for 5 NE 7th Street, located on the north side of NE 7th Street,
approximately 125 feet east of Swinton Avenue.
No Regular Meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
APRIL 16, 2002
L.30 CANAL
·
I r--n
- I
iI--I I
iJ I___j
I
LOWS. ON BOULEVARD ~-~
LINTON BOULEVARD
o~ ~_ _ _ d
L-38 CANAL
$.P.R.A.B:
A. CENTRAL FIRE STATION
B. CITY A TTORNE'Y'S OFFICE
C. NA TE'S TAKE-OUT RESTAURANT
D SHERWOOD PONTIAC
E. TROPIC SUPPLY WAREHOUSE
H.P.B.:
'1. JUDGE KNOTT CENTER FOR HISTORIC PRESERVATION
N W 2ND ST
S W 2NDST
SW
LINTON
C-15 CANAL
GULF STREAM BL VD
..... CITY LIMITS
ONE MILE
GRAPHIC SCALE
CITY OF DELRA ¥ BEACH, FL
PLANNING & ZONING DEPARTMENT
2002
. - DIGITAL BASE MAP SYSTEM - -
Request to be placed on:
X Consent Agenda
When: April 16, 2002
Description of agenda item:
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date:
Special Agenda
Apdl~l,2oo2
Workshop Agenda
This request is for the lease of a seven (7) vehicles, Saturn
LS2000. This is a thirty--eight (38) month lease; the lease will
be for a total for $73,014.34, divided over the lease pedod.
Required amount for the remainder of this Fiscal Year,
$7,685.72.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
Recommendation: Approval
Department Head Signature:
Determination of Consistency with Com.
YES
n: N/A
NO X
NO X
City Attomey Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X
No
Funding alternatives (if
applicable):
Account Numbe~.
B'I/Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
N/A
001-2113-521-44.40
No
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~'~" - REGULAR MEETING OF APRIL 1,6, 2002 AWARD OF
BIDS AND CONTRACTS
DATE: APRIL 12, 2002
This is before the City Commission to approve the award of the following bid:
Lease award to Saturn of Delray in the amount of $7,685.72 for FY 2002,
($73,014.34 total lease) for seven (7) vehicles to be leased for thirty-eight (38)
months and used for the Police Department Volunteer Program. Funding is
available from 001-2113-521-44.40 (Vehicle Rental/Lease).
Recommend approval of the above bid and purchase.
S:\Cit¥ Clerk\chevelle folderX,agenda memo\Bid Memo.04.16.02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'~
AGENDA ITEM 'd:c'~"' - REGULAR MEETING OF APRIL 16, 2002 AWARD OF
BIDS AND CONTRACTS
DATE: APRIL 12, 2002
This is before the City Commission to approve the award of the following bid:
Lease award to Saturn of Delray in the amount of $7,685.72 for FY 2002,
($73,014.34 total lease) for seven (7) vehicles to be leased for thirty-eight (38)
months and used for the Police Department Volunteer Program. Funding is
available fi.om 001-2113-521-44.40 (Vehicle Rental/Lease).
Recommend approval of the above bid and purchase.
S:\CiW Clerk\chevelle folder~agenda memo\Bid Memo.04.16.02
Delray Beach Pohce Department. m !
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 ~ l[[l
(561) 243-7888 Fax (561) 243-7816 ,,~/~,~ ~ ~ ®
v~,~%- 1993
MEMORANDUM
TO:
FROM:
Jackie Rooney
Purchasing S~,~pe~sor
David Jungh~%~
Administrative
DATE: April 11, 2002
Director
SUBJECT: AGENDA REQUEST
Enclosed please find our Agenda Request supporting the lease of vehicles to
support the Departments Volunteer Program. This lease will replace the existing
lease on nine Saturn's, that lease expires this month. These vehicles, Saturn
LS2000, will be funded from the Police Department's Annual Budget, account
number 001-2113-521-44.40.
The lease is a thirty-eight (38) month lease, for seven (7) vehicles, with a monthly
cost, per vehicle, of $274.49. The total amount of the lease is $73,014.34. The
required amount for the remainder of this Fiscal Year will be approximately,
$7,685.72.
The lease of the vehicles is to support the Homefront Sec, udty Program,
Volunteer Parking Enforcement Program, three Roving Patrols (Condo, Haitian
and West Atlantic Avenue) and monitoring of the Program by the Department's
Volunteer Coordinator.
Should you have any questions or require additional information, please call or e-
mail me, and i will provide the necessary information.
DJ/
Enclosure
CITY OF DELRAY BEACH POLICE
DEPARTMENT
FLEET RATES
Vehicle Description:
LEASE PARAMETERS:
Lease Term:
~ o~:)a~ (:) rAcro~r o~ac(x)
2002 ,.%4~,TURN 4 DR. SL2 AUTOMATIC WITH
PWR. PKG
36 Month
· .Miles per monlh: 1,000 miles
Monthly Ra~: $ 273.48'
Overmileage Ch'T'
Fleet Ifl~urance: I SX N/A'*
Full Maintenance: I $ "'~..~8.60'""'
'Tax no~ induded
"Insurance rate based on $1,000,000 liabirdy coverage, acceptable loss run h~ory and motor vehicle
reports. Collision and Comprahe~ive cledu~ $500/S00 respectively.
***Full Maintenance Inc~xlesl,~ miles per monlh up to 100,000 mile~ maximum, with maintenance
overmileage charged at 2.5 cents per mlle.
Full Maintermnce inaludes: 1 m of brakes (1 set = 1 axle), 0 Tires, No Loaner Vehicle
I do hereby a(]thon~ this vehicle orclec.
Pdnt Nam Signature --Dam-'
** Le~or shall have the right In the event I_lmsee should fell or refuse to accept the
ordered vehicle to ~'olleet liquidated damages.
"Above shown rental will be adjusted based on manufacturePs pdces and the prime
lending rat~ in effect at the time of vehicle delivery,
"Please allow 8-12 weeks for delivery of factory ordered units
February 25, 2002
Officer Skip Brown
City of Delrey Beach Police Dept.
300 West Atlantic Drive
Delrey Beach, FL 33444
MF_ARS
MOTOR
LEASING
Celebrating
$0 Years
Officer Brown:
Meats Motor Leasing will provide the City o£ Dclrey Beach new Saturn L200 Sedans
throu~h our municipal leasing program.
2002 Saturn [,-200
$19,070.00
Term 36 months
Lease
Mileage
Over mi!eage
36 months @
Full Maintenance
Closed-End
15,000 miles per year, per vehicle
$0.12 cents per mile, per vehicle
$428.00 per month, per vehicle
36 months ~ $493.00 per month, per vehicle
The Lessee would be responsible for all necessary insurance and maintenance unless the
maintenance option is taken.
T'hRnk you!
David IL Pickard
Senior Account Executive
VEHICLES * EQUIPMENT * SALES
3905 EL REY ROAD, ORLANDO, FL. 32808 - FAx 407-578-4924 - PHONE 407-298-2982
WW'VV, MEAR SLEA,SING.COM
THRU: PAUL DORLING,/DIRECTOR OF PLANNING AND ZONING
FROM: WENDY SHAY, H~TORIC PRESERVATION PLANNER
SUBJECT: MEETING OF APRIL 16, 2002
CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 4.1.4(C)(LOTS OF
RECORD) WHICH REQUIRES THE COMBINATION OF ADJOINING LOTS OF
RECORD WHICH DO NOT INDIVIDUALLY MEET MINIMUM LOT REQUIREMENTS.
The subject property is Lot 6, Block 1 of Del-Ida Park. Currently vacant, the property is located on the
north side of NE 7th Street between Swinton Avenue and NE 2nd Avenue in the Del-Ida Park Historic
District. 'Until recently a Unity of Title joined this lot with Lot 5 to the west. When this Unity of Title was
dissolved, the existing structure on Lot 5 became non-conforming with respect to the side setback 7.5'
vs. 10'.
The waiver request is to allow the development of Lot 6, Block 1 of Del-Ida Park, a vacant lot that does
not currently meet the minimum requirements of 75' width or the minimum square footage of 9,500
square feet. The lot measures just 50'x120' and is 6,000 square feet in area. The lot is currently owned
by the adjacent property owner to the west, lot 5 which is 50'x120'. LDR Section 4.1.4(C) requires that if
two (2) or more adjoining lots of record are under the same ownership they shall not be developed
except in accordance with the minimum frontage and the lot area requirements. Approval of the waiver
would allow a structure to be built on the site adjacent to the owner's current residence at 5 NE 7 street
(Lot 5, Block 1 of Del-Ida Park). However, the intent of this request is to allow the lot to be aggregated
with the adjacent 50' lot to the east. Under these circumstances, while lot 5 will remain substandard with
respect to the width and area, lot 7~to the east will be expanded to meet the minimum width and area
required within the district.
There are two other nonconforming lots in the area that include the properties of 10 NE 7th Street, Lot 22,
Block 2 of Del-Ida Park and 109 NE 7th Street, Lot 10, Block 1 of Del-Ida Park. Both nonconforming lots
measure 50'X120' and are 6,000 square feet in area. The properties (lots 22 and 10) also currently
house residential structures. As there is development of similar non-conforming lots in the area there is a
precedent to support the waiver request to approve Lot 6 as a buildable lot. Additional background
information and a complete analysis of the request can be found in the attached HPB Memorandum Staff
Report.
At its meeting of February 20, 2002, the HPB reviewed the waiver request for Lot 6, Block 1 and voted 6-
0 to recommend to the City Commission approval of the waiver request. The Board felt that the approval
of the waiver request to allow the development of a non-conforming lot would be consistent with the
development patterns in the Del-Ida Park Historic District. Further, during the meeting of April 3, 2002,
the Board approved a variance for the side setback for the adjoining property at 5 NE 7 Street to permit
the setback to measure 5.92' rather than the required 10' as stated in LDR Section 2.4.7(B). The
applicant must now obtain approval of the waiver from the City Commission.
Commission's Discretion.
Item:
II. D. - Meeting of February 20, 2002
Consideration of a waiver for Lot 6, Block 1 Del-Ida Park
Location: Adjacent to 5 NE 7 Street
The item before the Board is consideration of a waiver request for Lot 6, Del-Ida Park,
pursuant to LDR Section 4.1.4(C).
The subject property is Lot 6, Block I of Del-Ida Park. Currently vacant, the property is
located on the north side of NE 7th Street between Swinton Avenue and NE 2nd Avenue
in the Del-Ida Park Historic District. Until recently a Unity of Title joined this lot with Lot 5
to the west. When this Unity of Title was dissolved, the existing structure on Lot 5
became non-conforming with respect to the side setback 7.5' vs. 10'. If this waiver is
approved it must be subject to the Historic Preservation Board granting a variance for
the side setbacks otherwise, the applicant will have to re-execute the Unity of Title
between the lots.
Project Description:
The waiver request is to allow the development of Lot 6, Block 1 of Del-Ida Park, a
vacant lot that does not currently meet the minimum requirements of 75' width or the
minimum square footage of 9,500 square feet. The lot measures just 50'x120' and is
6,000 square feet in area. The lot is currently owned by the adjacent property owner to
the west, lot 5 which is 50'x120'. LDR Section 4.1.4(C) requires that if two (2) or more
adjoining lots of record are under the same ownership they shall not be developed
except in accordance with the minimum frontage and the lot area requirements.
Approval of the waiver would allow a structure to be built on the site adjacent to the
owner's current residence at 5 NE 7 street (Lot 5, Block 1 of Del-Ida Park). However,
the intent of this request is to allow the lot to be aggregated with the adjacent 50' lot to
the east. Under these circumstances while lot 5 will remain substandard with respect to
the width and area, lot 7 to the east will be expanded to meet the minimum width and
area required within the district.
There are two other nonconforming lots in the area that include the properties of 10 NE
7th Street, Lot 22, Block 2 of Del-Ida Park and 109 NE 7th Street, Lot 10, Block 1 of Del-
Ida Park. Both nonconforming lots measure 50'X120' and are 6,000 square feet in area
just as the dimensions of Lot 6. Those properties (lots 22 and 10) also currently house
residential structures. As there is a precedent for use of a non-conforming lot in the area
there is evidence to support the waiver request to approve Lot 6 as a buildable lot.
Lot 6, Block 1 Del-Ida Park Waiver Request
Del-Ida Park
Page 2
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings that the granting of the waiver:
a.) Shall not adversely affect the neighboring area;
b.) Shall not significantly diminish the provision of public facilities;
c.) Shall not create an unsafe situation; and,
d.) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Given the discussion above, the waiver request will not adversely the neighboring area
or is a special privilege being granted as other non-conforming lots already exist in the
neighborhood. No public facilities will be at risk and no unsafe situations shall be formed
by the granting of this waiver.
A. Continue with direction.
Bo
Recommend to the City Commission approval of 2002-106-OTH-CCA for a waiver
request for Lot 6, Block 1 Del-Ida Park, based upon positive findings with respect
to Section 2.4.7 (B) of the Land Development Regulations and the policies of the
Comprehensive Plan subject to conditions.
C. Deny approval of 2002-106-OTH-CCA for the waiver request for Lot $, Block 1 Del-
Ida Park, with the basis stated.
Recommend to the City Commission approval of a waiver request for the property of Lot
6, Block 1 of Del-Ida Park, based upon positive findings with respect to LDR Section
2.4.7 (B) subject to the following condition:
1) If the waiver is approved, a request for a variance must be submitted before the
Board prior to approval.
Attachments: Survey, Maps
Report Prepared by: Wend,/Sha,/, Historic Preservation Planner
:/
N.W 11TH ST ~
NW.
N W
N 11TH ST
LAKE TERR N ~' 6TH
ST.
SI.
.
N E ~OTH 5T
L,., 9TH ST I
GEORGE BUSH BOULEVARD
7TH ST
Itl
N.E. 6TH ST
~ N.E 5TH TERR
5TH ST
7'R/N/ TY
LUTHERAN
WOOD LANE
LAKE IDA ROAD
L----II ! MET-;DD!ST
N.E 4TH ST
' '" POST
i ~ OFFICE
N
CITY OF DELRAY BEACH, FL.
PLANNING ~' ZONINGDEPARTMENT
SULLIVAN PROPERTY
LOT 6, BLOCK 1, DEL-IDA PARK
--- DIGITAL BAS[' 44,4P SYSTEM --- MAP REF LM5B~,
Ill
WAIVER
REQUEST
GEORGE BUSH
/'"'¼o0 125' ~ 100' 50' 50' 127'"~
k.. 50' 100' 50' 50'
loo' N.E. 7TH ST.
~ 120' 50' 50' 75' 50' 75' ] 177'
k,.. 75' 75' 50' 100'
~ :;~ N.E. 6TH ST.
BOULEVARD
¢
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
SULLIVAN PROPERTY WAIVER REQUEST
- LOT CONFIGURATIONS BASED ON INDIVIDUAL OWNERSHIP -
SOURCE PALM BEACH COUNTY PROPERTY APPRAISER (PAPA)
-- DIGITAL BASE MAP SYSTEM --
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
SULLIVAN
PROPERTY WAIVER REQUEST
-- DIG/I',4L ~45£ MAP SYSTEM ---
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~> - REGULAR MEETING OF APRIL 16, 2002
SUPPORT OF U.S. POST OFFICE/DOWNTOWN DELRAY BEACH
DATE: APRIL 12, 2002
The request before the Commission is to support a full-scale, retail U.S. Post Office in Pineapple
Grove that serves Downtown Delray Beach. Pineapple Grove Main Street, Inc. firmly believes that a
full-scale, regular retail Post Office is essential for the economic health and sense of community of
Pineapple Grove and surrounding downtown.
The Board of Pineapple Grove Main Street met with the new building owner and the U.S. Postal
Service to discuss the end of the lease for the current Post Office in Pineapple Grove. The lease will
end on July 31, 2002. The Board requests that the City Commission pass a motion requesting the US
Postmaster to use all means possible, including emergency procedures, to maintain a full-scale Post
Office in Downtown Delray Beach. They do not consider a contracted postal unit an acceptable
alternative to a full-scale retail post office.
I recommend that the City Commission support Pineapple Grove Main Street, Inc. as requested.
S:\City Clerk\chevelle folder\al~mda memo~\US Post Office. Pineapple.04 16.02
Pi ppk Grow M^i
A Florida Main Street Program for Delray Beach
298 Northeast Pineapple Gaove Way · Delaay Beach · Florida 33a. a,a.
phone (561) 279.9952 · fax (561) 279-0108
April 9, 2002
Mr. David Schmidt, Mayor
City of Delray Beach
100 NW 1st. Ave.
Delray Beach FL 33444
RECEIVED
APR 1 O 2002
CITY MANAGER
RE: Request for Commission Motion to Save the US Post Office in downtown Delrav Beach
Dear Mayor and Commissioners,
On April 8, 2002, the Board of Pineapple Grove Main Street discussed the potential end of the
lease for the US Post Office in Pineapple Grove on July 31, 2002. As of our last communication
with the future building owner and the US Postal Service, the negotiations to sign a new lease are
unlikely and the US Postal Service is seeking new space.
As a result, the Board passed the following motions in a effort to keep a full-scale, retail post
office in Pineapple Grove that serves downtown Delray Beach.
Motion: As the lease for the current downtown Delray Beach Post Office is
unhkely to be renewed before its expiration in the summer of 2002, the Board of
Pineapple Grove Main Street, Inc., requests that the US Postmaster use
emergency procedures to secure a new long-term space for a full-scale, regular
retail post office in the Pineapple Grove neighborhood of the City of Delray
Beach. A full-scale regular retad post office is essential for the economic health
and sense of community of Pineapple Grove and surrounding downtown.
Motion: The Board of Pineapple Grove Main Street, Inc., requests that the City
of Delray Beach pass a motion requesting the US Postmaster use all means
possible, including emergency procedures, to maintain a full-scale, regular retail
post office in Downtown Delray Beach located in the Pineapple Grove
neighborhood tf posstble. Secondly, the City of Delray Beach does not consider
a "contractedpostal unit" an acceptable alternative to a full-scale retailpost
office.
We hope that the City Commission can take action within the next ten days and lead the effort to
retain the Post Office in Pineapple Grove. If the lease can not be resolved at the current location,
a 3,000-5,000 square foot space does exist on Pineapple Grove Way. This space could satisfy the
requirements of a retail post office, but the handling facility of 15,000 square feet would need to
be relocated to another location. In any case, emergency procedures need to be utilized by the US
Postal Service.
Pineapple Grove Main Street, Inc . l
A Florida Main Street Program for Delray Beach
298 Nomht~s[ Pintapple Grove Way · Ddany Btnch * Florida 33a, a,~.
phone (561) 279-9952 * fax (561) 279-0108
April 9, 2002
Mr. David Schrnidt, Mayor
City of Delray Beach
100 NW 1st. Ave.
Delray Beach FL 33444
RECEIVED
APR I 0 2002
CITY MANAGER
.RE: Request for Commission Motion to Save the US Post Office in d0wntmx~ Delray Beach
Dear Mayor and Commissioners,
On April $, 2002, the Board of Pineapple Grove Main Street discussed the potenti_al end of the
lease for the US Post Office in Pineapple Grove on July 31, 2002. As of our last communication
with the future building ox~er and the US Postal Service, the negotiations to sign a new lease are
unlikely and the US Postal Service is seeking new space.
As a result, the Board passed the following motions in a effort to keep a full-scale, retail post
office in Pineapple Grove that serves do~xaatown Delray Beach.
Motion: /~s the lease for the current downtown Delray Beach Post Office is
unlikely to be renewed before its expiration in the summer of 2002, the Board of
Pineapple Grove Main Street, Inc., requests that the US Postmaster use
emergency procedures to secure a new long-term space for a full-scale, regular
retail post office in the Pineapple Grove neighborhood of the City of Delray
Beach..d full-scale regular retail post office is essential for the economic health
and sense of community of Pineapple Grove and surrounding downtown.
Motion: The Board of P~neapple Grove Ma~n Street, Inc., requests that the C~ty
of Delray Beach pass a motion requesting the US Postmaster use all means
possible, including emergency procedures, to maintain a full-scale, regular retcnl
post office in Downtown Delray Beach located tn the Pineapple Grove
neighborhood if'possible. Secondly, the City of Delray Beach does not consider
a "contractedpostal unit" an acceptable alternative to a full-scale retail post
office.
We hope that the City Commission can take action within the next ten days and lead the effort to
retain the Post Office in Pineapple Grove. If the lease can not be resolved at the current location,
a 3,000-5,000 square foot space does exist on Pineapple Grove Way. This space could satisfy the
requirements ora retail post office, but the handling facility of 15,000 square feet would need to
be relocated to another location. In any case, emergency procedures need to be utilized by the US
Postal Service.
Mr. David Schmidt, Mayor
US Postal Service Letter
April 9, 2002
Page 2 of 2
Thank you for your swift response.
Sincerely,
cc: Commissioners Patri¢ia Archer, Jori Levinson, Alberta McCa~y and J¢ffPerlman
David Harden, City Manager
Paul Doffing, Planning and Zoning
Bill Wood, D¢Iray Beach Chamber of Commerce
Diane Domingus, Delray Beach CRA
Board of Pineapple Grove Main Street
Robert Fraga, Manager, Major Facilities Purchasing, Arlington, VA
Bruce Bland, Manager, Atlanta Facilities Service Offices
Joann L. Goodrich, Retail Specialist, US Postal Service, Central Florida District
Marilyn F. Davis, Facilities Engineer, US Postal Service, Central Florida District
Kenny ~ Real Estate Specialist, US Postal Service, Atlanta FSO
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM~'~(~' - REGULAR MEETING OF APRIL 16, 2002
MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM
DATE: APRIL 12, 2002
This is before the City Commission to consider adopting a resolution for the $12.50 traffic fine
monies to be provided to the Municipal Public Safety Communications Consortium for the
financing of their infrastructure.
The Original purpose of the Municipal Public Safety Communications Consortium agreement was to
provide for the establishment and operation of a consortium to facilitate the provision of
countywide interoperable radio service to the municipal pubhc safety agencies of Palm Beach
County, including the purchase, inst_~llafion, maintenance and operation of the necessary equipment
to complete the radio system backbone and provide access to the 800 MHZ radio network for its
members.
Since we already have a Motorola System in place and it is far less cosily for us to continue with the
Motorola System and add data capability, I recommend that we not adopt the resolution requested
by the Consortium.
S:\C:ty Clerk\chevelle folder\agenda memos\MPSCC.04.16.02
MEMORANDUM
To:
From:
David T. Harden, City Manager
Joseph M. Safford, Finance D~
Ralph Phillips, Police CapLain ~]~
Date: April 11, 2002
Subject:
Evaluation on Police Radio Systems (Motorola vs. MA/COM)
Your office has requested that this office and the Police Depamnent review the various alternative radio
system configurations and provide recommendations. Captain Ralph Phillips, Jr., Director of Support
Services in the Police Department and I conducted this evaluation and the results are contained in this
report.
Backuround
Current System Description
The present Police/Ftre public safety radio system consists of the following components:
· Voice- $3.5 million dollar Motorola 800 Mhz radio system financed with revenue bonds in 1999-
2000.
This 800 Mhz radio system is part of a configuration consisting of the "South Hub" cities of Boca
Raton, Delray Beach and Boynton Beach. These cities are, in turn, connected to the County's
Motorola system. This system was specified as it met the original goal of interoperability with the
County's Motorola 800 Mhz radio system for voice.
Data- Celhflar Digital Packet Data (CDPD) service with AT&T.
$90,000 annual system access fee from AT&T (based on 150 modems)
The Board of County Commissioners recently adopted a resolution awarding municipalities $12.50 per
traffic violation for their independent radio system improvements as long as they are interoperable
countywide. This ~s expected to raise an estimated $67,000 per year for the City of Delray Beach. In
addition, there is a $148,146 balance of $12.50 funds collected to date for the City.
CDPD System lO-Year Cost to City
Cellular access fees to AT&T $900,000
Less: $12.50 Revenues to City (Current Bal.) -148,146
Less: $12 50 Revenues to City (10 years) -670,000
Total Net Cost to City $81,854
Pros: Can use cellular data system nationwide, not only countywide.
By keeping the $12.50 monies we can offset the cellular data costs.
Cons: Cellular access fees are high at $90,000 per year (based on 150 modems).
Motorola Alternative Radio Communications System
The City could convert their current cellular data to radio frequency modems and thus could eliminate the
$90,000 in cellular access fees The capital costs would be $260,000 and $15,000 per year County access
fee. Using this system, the City would retain their $12.50 funds.
Motorola (Data) lO-Year Cost to City
Cellular access fees to AT&T $ 0
Capital cost for modems 260,000
County access fees 150,000
Less; $12.50 Revenues to City (Current Bal.) -148,146
Less: $12.50 Revenues to City (10 years) - 670,000
Total Net Revenues to City $408,146
MA/COM Alternative Radio Communications System
In February 2000, at the same time the City of Delray Beach was under contract and installing their
Motorola system, a Municipal Public Safety Communications Consortium (MPSCC) was put into place to
evaluate a municipal countywide interoperable radio system. Apparently "the original County 800 Mhz
radio system project did not include municipalities".
Following a competitive request for proposal process and a review by a Technical Review Committee, the
MPSCC recommended an as yet untried MMCOM radio system over the Motorola system.
As the Board of County Commissioners had recently allowed distribution of $12.50 monies to
municipalities for an interoperable radio system, the MPSCC proposed using the participating municipal
$12.50 funds to pay for financing of their infrastructure. They projected requiring the $12.50 funds for 10
consecutive years. Using this funding source, municipalities could convert their mfrastmctnre without
paying for new infrastructure. The City of Delray Beach capital cost (radios, modems, etc.) would be
$300,000 (150 units x $2000 each). In addition, the City would have to pay $15,000 per year for
membership in the Consortium. The additional costs for maintenance are unknown at this tune. Some of
these costs would be offset by the $100 per unit (150 units) reimbursement to the City for our current
infrastructure investment in the Motorola system,
City cost for the MMCOM alternative over a 10 year period (comparable to the period that they would
keep our $12.50 revenues) would be $1,120,000 as follows:
MA/COM 10-Year Cost to City
$12.50 funds relinquished to MPSCC (10 years) $670,000
$12.50 funds relinquished to MPSCC (Current Bal.) 148,146
Capital cost 300,000
MPSCC membership fees 150,000
Total Net Cost to City $1,268,146
Areas of Concern: 1. There is only one (1) partially operational location in the United States (Pennsylvania)
2. MA/COM System in Pennsylvama is in excess of 1 year over the original proposed installation
date and is still not fully operational
3. There are still unanswered questions such as the availability of frequencies for the system
4. MA/COM is proposing to replace our emergency Police and Fire radio system, with an unproven
technology, after the City recently spent over $3.5 million to upgrade our radio system with
Motorola
5. City would have to give up the $12.50 revenues for at least 10 years to go to the MMCOM
System in addition to the current balance of $148,146 in $12.50 fimds collected to date
6. MAJCOM projected infrastructure costs have fluctuated significantly
7. City may have to continue to pay contracted Motorola service costs for 10 years even though
changing system to MA/COM
8. Budget estimate for to cover maintenance costs not given (this is dependent upon number of
participating municipalities) therefore a member mumcipality really does not know their total
annual costs at this time
9. Infrastmcture costs to individual cities from MA/COM dependent upon how many cities join their
system, thus projected costs could escalate to member municipalities
10. Some 6-8 cities have already opted out of MA/COM in favor of County Motorola system in
addition to the County (including the Sheriff Department)
11. City cost for this 10-year period would be estimated at $1,120,000
Recommendations
1 Maintain current 800 Mhz radio system for voice transmission until system is due for replacement
(8-10 years)
2. Maintain 5 cellular (CDPD) units for out-of-county communications ~ $50.00 per month
3. Approve $260,000 capital investment in Motorola radio frequency modem units for data terminals
in vehicles in order to eliminate the $90,000 cellular access fee. This would represent a 3-year
payback on investment. This should only be done after an evaluation of CDPD cellular vs. the
radio frequency technology.
4. City should receive $12.50 funds (estimated $67,000 anmmlly plus $148,146 in current balances)
and utilize same for radio operating costs, maintenance fees, access fees, and technology
improvements to the radio system.
5. City should pass a resolution choosing to keep $12.50 funds, to improve our Motorola radio
system, and to decline the MA/COM System alternative for the reasons expressed above.
6 Continue to review the on-going changes in technology, review installation site performance, and
make informed decisions regarding future system changes as needed.
Please contact either this office or Captain Ralph Phillips if you have further questions as to this
recommendation.
Cc: Larry Schroeder, Police Chief
ENROLLED
2002 Legislature
CS for SB 1554, 1st Engrossed
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An act relating to transportation; amending s.
318.1451, F.S.; authorizing governmental
entities and courts to prepare information
concerning driver improvements schools;
amending s. 318.21, F.S.; authorizing use of
civil penalties to fund local law enforcement
automation under certain circumstances;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (5) of section 318.1451, Florida
Statutes, is amended to read:
318.1451 Driver improvement schools.--
(5) (a) ~ ~ .............. I ...... ~ ....... shall provide,
~=, ~ maintain ~y information ~ ~d=~ re~ardin~
improvement schools or course pzowidezs, --~,~,~ ....... ~,~ exception of
directing inquiries or requests to the local telephone
..... u~ headmn~ ~f drivmn~mns~ruc~mon .... ~ the
reference ~uide. However,The department is authorized to
maintain the information and records necessary to administer
its duties and responsibilities for driver improvement
courses. Where such information is a public record as defined
in chapter 119, it shall be made available to the public upon
request pursuant to s. 119.07(1).
(b) The department or court may shall prepare for any
governmental entity to~~= .......... a traffic school reference
guide that lists ........ ~u~ shall 1~-~=~ the benefits of attending a
driver improvement school and contains the names of the fully
approved course providers and a single telephone number for
CODING:Words ~ are deletions; words underlined are additions.
ENROLLED
2002 Legislature
CS for SB 1554, 1st Engrossed
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each such provider, as furnished by the provider.,--~
no circumstance may any list of course providers or schools be
included, and ...... ~ refer .......... ~=~ inquiries to .... ~= telephone
Section 2. Subsection (9) of section 318.21, Florida
Statutes, as amended by section 11 of chapter 2001-122, Laws
of Florida, is amended to read:
318.21 Disposition of civil penalties by county
courts.--All civil penalties received by a county court
pursuant to the provisions of this chapter shall be
distributed and paid monthly as follows:
(9) Twelve dollars and fifty cents from each moving
traffic violation must be used by the county to fund that
county's participation in an intergovernmental radio
communication program approved by the Department of Management
Services. If the county is not participating in such a
program, funds collected must be used to fund local law
enforcement automation and must be distributed to the
municipality or special improvement district in which the
violation occurred or to the county if the violation occurred
within the unincorporated area of the county. If a
municipality within the county maintains an independent
800-megahertz radio communication program that can communicate
with the county's system or if the mutual-aid channels are
compatible, funds collected from violations that occur within
the territorial jurisdiction of that municipality must be used
to fund local law enforcement automation and must be
distributed to that municipality.
Section 3. This act shall take effect July 1, 2002.
CODING:Words st~ are deletions; words underlined are additions.
Facilities Development
& Operations Department
3323 Belvedere Road
Bmldrng 503
West Palm Beach, FL 33406
(561) 233-0200
FAX
Adm (561) 233-0206
PREM (561) 233-0210
CID (561) 233-0270
www pbcgov corn
Palm Beach County
Board of County
Commissioners
Warren H Newell. Chairman
Carol A Roberts, Vice Chmr
Karen T Marcus
Mary McCarty
Butt Aaronson
Tony Masflott~
Addle L Greene
County Administrator
Robert We~sman
"An Equal Opportumty
AfftrmaOve AcOon Employer'
RECEIVED ~
APR I 1 2002
CiTY MANAGER
Aprill0,2002
David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: $12. 50 Resolution R2002-0192 - Amended Exhibit A
Dear Mr. Harden,
On April 2, 2002, the Board of County Commissioners approved a budget
transfer from the Municipal Org to establish accounts which will fiscally
allow for reimbursement to municipalities for eligible expenses. While
preparing the budget transfer, differences between Exhibit A to the $12.50
Resolution and the County's financial system were identified. Exhibit A to
the $12.50 Resolution has been amended to reflect the system balances (a
copy of which is attached to this letter). In addition, amended Exhibit A
identifies collections through January 31, 2002.
If you have any questions about your municipality's balance, please feel free
to call.
Sincerely,
Audrey Wolf, Director
Facilities Development & Operations
attachment - Amendment to R2002-0192 with R2002-0476
c: Robert Weisman, County Administrator
Robert Zelazny, Director Commumcations
Larry Schaner, FDO Fiscal Manager
~ printed on recycled paper
R2002 0476
APR 0 ~ ~
Exhibit A to R2002-192
$12.50 Allocation by Collections
January 1, 2000 through January 31,2002
00 Coil (9) 01 Coil (12) 02 Coil Total Coil
Atlantis $10,214.00 $11,153.50 $4,062.00 $25,429 50
Belle Glade $7,828.00 $10,625.00 $3,518.50 $21,971 50
Boca Raton $159,111.56 $148,933 22 $45,181.00 $353,225 78
Boynton Beach $44,057.40 $62,801.30 $19,450.00 $126,308.70
Briny Breezes $25.00 $75.00 $25.00 $125 00
Cloud Lake $0.00 $0.00 $0.00 $0.00
Delray Beach $62,378.10 $66,643.80 $19,124 50 $148,146.40
Glen Ridge $0.00 $0.00 $0.00 $0.00
Golf $0.00 $0.00 $0.00 $0.00
Greenacres $9,162.50 $9,712.00 $3,707.00 $22,581.50
Gulfstream $604.50 $1,734.50 $775.00 $3,114.00
Haverhill $0.00 $0.00 $0.00 $0.00
Highland Beach $4,667.50 $7,737.00 $2,300.00 $14,704.50
Hypoluxo $0.00 $0.00 . $0 00 $0.00
Juno Beach $3,486.50 $9,237.00 $5,952.50 $18,676 00
Jupiter $71,498.20 $70,586.50 $16,412 50 $158,497 20
Jupiter Inlet Colony $37.50 $75.00 $25.00 $137 50
Lake Clarke Shores $13,209.50 $21,699.50 $6,112.50 $41,021.50
Lake Park $18,070.50 $25,303.25 $0.00 $43,373.75
Lake Worth $58,223.80 $75,883.30 $21,089.50 $155,196.60
Lantana $20,437.80 $20,949.00 $4,575.00 $45,961.80
Manalapan $1,099.50 $2,275.00 $612.50 $3,987.00
Mangonla Park $2,200.50 $3,361.00 $1,187.50 $6,749 00
North Palm Beach $16,658.00 $39,837.00 $9,462 50 $65,957.50
Ocean Ridge $2,835.00 $4,562.50 $1,137.50 $8,535.00
Pahokee $1,454.50 $2,962.50 $837.50 $5,254.50
Palm Beach $8,149 50 $11,667.80 $3,287.50 $23,104 80
Palm Beach Gardens $37,339.50 $62,352.00 $16,281.00 $115,972.50
Palm Beach Shores $156.50 $425.00 $562.50 $1,144.00
Palm Springs $18,143.00 $24,874 50 $9,062.50 $52,080.00
Riviera Beach $27,690.70 $54,094.49 $16,337.50 $98,122.69
Royal Palm Beach $23,517.80 $32,989.00 $13,543.50 $70,050.30
South Bay $9,938.50 $32,587.00 $13,583.50 $56,109.00
South Palm Beach $3,296.00 $3,860.00 $962.50 $8,118 50
Tequesta $10,357.50 $17,387.50 $5,875.00 $33,620.00
Wellington $0.00 $0.00 $0.00 $0 00
West Palm Beach $210,725.20 $380,518.21 $126,741.80 $717,985 21
Total Mun Org $856,574.06 $1,216,902.37 · $371,784.80 $2,445,261.23
Unincorporated* $437,715.89 $704,779.18 $232,905.50 $1,375,400.57
*The Unincorp. balance includes revenue o! $45,994 50 collected in fy 00 & 01 for C~fles where PBSO prowdes pohce services
FEB. 15.2002
MPSCC
z~o Or~g~ T~ Drive
Phone; (~60 96~7oo · ~ ~z) 968'~
Ro~ Man~oM
M ,MORANDUM
NO. 483~P ·
TO:
FROM:
DATE:
RE:
Board of Director% lVlPSCC
Rob~-t Marigold, C]~
Municipal Public Safety Communications Consortium
February 15, 2002
$12..60 Resolution
As you may know, the Board of County Commissioners (BCC) at their February 5, 2002
meeting passed the resolution con~ning thc compromise language amending the ori~al $I2.50
resolution. This allows each city to make its own dctcrminalion as to how its $12.50 monies w/Il
be used, This determination must be made by resolution and completed by May 1, 2002, To
assis! you, a sample rcsolutlon allocating your $12.50 monies to the Consortium project is
attached. An clcctronic copy is also ava/lable. Please note that item 4 of the resolulion does
provide that thc r~olution i,s voided if your municipality should decide to withdraw after
receiving the final capital budget as provided for in the Interlocal Agreement.
Thc most important issue now facing us is the commitment of the m~nbcr municipalities to the
project and its funding, Feedback received to date has been very positive. A survey regarding
your dries position was ~ec~mtly distributed. It is not bi~ding but is intended to assist the MPSCC
Board of Directors in dctermlning a direction for arranging financing for tho project. A copy of it
is at~azhed and if you have not returned it as of yet, please do so as soon as possible.
If you have questions or need additional information, please call Wayne English at (561) 355-
2326.
~ · ' ~0.483-- P. 2/4 ....
FEB. iS. 29~2 3: SSPM
A RESOLUTION OF THE (NAlV~ OF I~/UNI~ALITY) COMMITTING
ITS POR~ON OF ~S ~LOCA~ ~U~ TO ~L~ON
R-200~192 ~O~ BY ~ P~M B~ CO~ BO~ OF
CO~ CO~SSIO~ ON ~BRU~Y ~, ~002 ~ ACCO~~
~ SECTION 318.21(10). ~O~A STA~S. TO T~
~~ P~C S~ CO--CATIONS CONSOR~
CO~CA~ONS PRO. CT; PROLOG ~ E~C~ DA~;
~ FOR O~ ~OSES.
Wt~.,REAS, Smlion 163.01 ofthe Florida Statutes, known as th~ Florida InU~rlocal
Cooperalion Act of I969, authorizes local govemmeotal units to make the most efficient
use of their pow~ by enabling them to cooperate with other localifie~ on a basi~ of
mutual advantage and thereby to provide services and facilitiea in a manucr and pursuant
to forms of govcmmental organization that will accord best with geographic, economic,
population and other factors influencing the ncc& and developmen~ of local
conunuaitics; and
WI~_..REAS, it has been determined that the implementation of an iuteroperable
Countywide municipal public safety communications system will allow municipal public
safety agcncies to improve their provision of public safety services by virtue of enhauced
inter-agedcy communications a~d cooperatiou; and
WHR~, the Municipal Public Ssfety Communications Consortiu. m (MPSCC) was
formed throu~ the cooperative efforts of the various municipalities to plan md
implement an intempcrable Countywide mimic[pal public safety radio communications
system;, and
WHRREAS, the ('Nme o£Municil~ali_ty) has joined 21 other municipalities located
within Pallll Beach County to form the MPSCC and the (Name of Municipality) has long
been involved with efforts to improve public safety communications; and
WHEREAS. thc MP~CC, through the diligmt efforts of its member mtmicipalities has
d~wloped a plan for a municipal countywidc interoporable communications system; and
WHRRRAS, thc MPSCC communications plan has been approved by the State of
Florida office of Technology as required by Florida Statute 282.111(5); and
WHEREAS, Section 318.21(10), Flog& Statutes permit~ any county which pa~ticipatc~
in an intergovernmental rMio communications program approved by thc State of Florida
Department of Management Servic~ to use $12.50 from each mov/ng traffic v/olation to
fund that county's participation in the program, and
WHE~$, a portion of the revenues collected arc from violations which are written by
munic/pal law enforcement officers withi- the municipal limits, and
· FEB.1S.~OE~2
3:56PM
--- -H0.483--' P.374
WHEREAS, thc Board of County Commissioncr~ allocated a portion of the revcnues
generated by municipalities for their benefit under Resolution P~99-2343D as am~dcd on
February ~, 2002 by Resolution R-2002-0192 to encourage the interopcrability of
mun/aipal commllllicat/oll$ systems atzd there/'or~ ellhallcing the Coutlty~s
Iutergovemmental Communications Plan; and
_WH~, Thc mc. tuber municipallt/es of fh= lV[P$CC'dedre to move forward with thc
construction of a supplement and enhau~t to th~. County's interoDe~able coxlntywide
radio netwoflc subject to the final approval of the capital budget provided in Scction 12 of
the lVfPSCC Interlocal Agrcement.
NOW, THEREFORE, BE IT RBSOLVBD BY TBB ('NAMB OF MUNICIP~
THAT:
1. The [Name of Municipality) is a member of the Munidpal Public Safety
Communications Consortitun (MPSCC) and suppor~ its public safety
communications plaa
The (~ame of Mauicivalit~) supports the inclusion of thc MI~8CC
communications plan as an enhancement and part of the State approved Palm
Beach County Intergovernmental Radio Cammudcations Pro,ram plan.
The [Name of Mu~.'civ..aliw) commits its full share of the $12.I0 traffic fmc
rcvenues as allocated by the County through Resolut/on R-2002-0192 to the
MPSCC for constructiau and implcmentation of its radio network for a period of
ten ycars from the date of contract with the radio vendor.
This resolution shall become void if the (Name of. Municipaliw) should cxercis¢
its right to withdraw from the MPSCC as providcd in S~ction 12 of the 1V~SCC
Interlocal Agreement within the prescribed timeframe follow/ng the receipt of thc
capital budget.
Tho [Name of Municipality) requests that the County prov/dc its portion of thc
$12.50 traffic fine monies to the MPSCC for cons~uction of thc radio system
following the procedures set forth in BCC Resolution R-2002-0192.
[ITY OF I)ELll;lY BE;IgH
CITY ATTORNEY'S OFFICE
1993
TO:
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 2, 2002
City Commission
Susan A. Ruby, City Attorney
Citrus Canker Lawsuit Participation
At your last regular meeting I brought to your attention that several cities and
Broward County were going to file suit to challenge the new statute concerning
citrus canker.
Attorney Andrew Meyers (representing Broward County) indicated that he did not
believe the expenses would exceed $10,000 per city because a lot of discovery
has already been conducted. The expenses would be shared with Broward
County to assume forty percent of the cost and the cities (Ft. Lauderdale, City of
Plantation, Coral Springs, Pompano Beach, the Town of Davie, City of Hollywood
and Boca Raton) a prorata share of the remainder. If the City of Delray Beach
participated, we could limit our exposure to a certain dollar amount below the
prorata amount, if desired.
At this time, the lawsuit has already been filed. If the City desires to participate,
the City would have to intervene as a party. I would suggest that if the
Commission does not desire to intervene now that the suit has already been filed,
the City could agree to offer to perform legal research to assist in the effort, if
needed.
Also, attached is a letter our office received from Mrs. Silverman regarding the
matter. By copy to David Harden, City Manager, our office requests that this
matter be placed on the next City Commission agenda for consideration.
SAR:smk~~
Attachment
Cc;
David T. Harden, City Manager
Barbara Garito, City Clerk
City of Deiray Beach_
I00 N. W. 1" Avenue
Deiray Beach, FL 33~.~.~.
Re: Citrus Canker Lawsuit
Dear Commissioners:
905 N. W. 22~d Avenue
Deirny Beach, FL 33445
Mntch 20, 2002
, CIT\'
Since I will !~ out of town for the holidays, I will not be able to attend your April 2nd meeting, at
which you intend to discuss the above matter. I would therefore like to express my opinion on the
subject, and u'ust that you will tnke it under consideration.
Last spring, when the Dept. of Agriculture proceeded [o remove all citrus lzees within 1900 feet of
the alleged diseased tree at the Delray Shores development, I filed a motion for a stay, and paid the $250
fee required for the filing. As n result, my lzees were not cut when the crew came through. At that time I
made it clear to the Dept. of Agriculture personnel that I considered the removal of my trees to be an
infringement of my civil rights.
The stay was subsequently denie~ and one fine day in June, when I was not at home, the crew
managed to unlock the gate to my yard, and remove two healthy 20 year old trees - a honeybeil orange
and a calamondin tree. The latter is a specialty tree, native to the Phillipines, and not grown in Florida
groves. Nor is the fi'uit, f~om which I made delicious marmalade, available in our markets. I need not
tell you the sense of violation I experienced at this invasion of my property.
With the passage by the state legislature of the law permitting blanket approval for the enlry into
any yard at any time, the issue is no longer the citrus u'ees. The issue is one of the constitutional right
to privacy. Dept. of Agriculture personnel now have permission to do what law enforcement agencies
cannot do. It opens the door to invasion of private property, not just for citrus trees, but for any
other reason that might be dreamt up.
There is no way that this law can pass muster when challenged in the Supreme Court. However,
unless municipalities act immediately to contest this law, the Deparunent will be able to resume the
cutting of trees until there are no trees left in private homes. This by the way, is the open and declared
goal ofthe Department. The Department makes no secret that they aim to protect the citrus industry so
that grove owners will not have to go to the expense of protecting their trees. The Department has falsely
claimed that e.,'adication is the only way t.o save a multi-billion dollar industry, the value of which has
been grossly inflated.
The City Commission, which represents the people of the city of Delrny Beach, must do
everything possible to protect the interests of its residents. That is why it is imperative that you vote to
join with Broward County and the other municipalities in their lawsuit to invalidate this ugly, repressive
and unconstitutional law.
RECEIVED
Respectfully yours, ?
Ruth Silverman
CITY ATTORNEY
[ITY OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
MEMORANDUM
April 10, 2002
City Commission
David T. Harden, City Manager
Terrill C. Pyburn, Assistant City Attorney
Writer's Direct Line 561/243-7090
SUBJECT: Metron-Farnier, L.L.C.- Authorization to File Suit
The Public Utilities Department has had problems with the Touch Pad System associated
with the large water meters purchased from Metron-Farnier, L.L.C. ("Metron").
In October, 1996, Metron was awarded a bid for forty-six (46) large meters at a cost of
$72,270. This award was made based upon the City of Melbourne Bid No.: 08-160-96,
Purchase Order No.: 552673 dated 11/07/96. The installation of these units was completed
by February, 1997. In addition, the City also purchased ten (10) Metron touch pad units to
replace existing meters at a cost of $5,700. This purchase was also based upon the City of
Melbourne Bid (above), Purchase Order No.: 554948 dated 12/10/97.
Next, a second award for sixty (60) large meters at a cost of $178,855. based upon West
Palm Beach Bid No.: 96/97-35 was approved in February, 1998. Purchase Order No.:
564939 was issued and the meters were installed by May, 1998. Them were five (5)
meters that were not installed and therefore there was a total of 101 Metron meters in place
by May, 1998.
The City chose these particular meters because of their alleged electronic touch read
capabilities. This touch read technology is supposed to allow the meters to be read simply
by pressing a button on the touch pad units rather than having City employees read the dial
of each and every meter especially those that are in the pits. However, the touch mad units
of these meters are defective and despite numerous attempts to repair and replace these
units, the touch read technology simply has not worked. No other touch pad technology is
compatible with the Metron meters.
City Commission
David T. Harden, City Manager
April I0, 2002
Page 2
Due to the defective technology, we are requesting permission to file suit against Metron-
Famier, L.L.C. in the hopes of recovering some of the $256,825 spent on these defective
touch read meters.
In the near future, there will be an associated request by the Environmental Services
Department to replace the defective Metron touch read meters with a different brand of
meter that has more reliable touch read technology.
Please place this matter on the April 16, 2002 City Commission Agenda for consideration.
Please let me know if you have any questions. Thank you.
CCi
Barbara Garito, City Clerk
Dick Hasko, Director of Environmental Services
Joe Safford, Director of Finance
Barbara Schooler, Director of Utility Billing
Scott Solomon, Manager W/S Network
I:IT¥ OF OELRI:I¥ BEflEH
CITY IITORNEY'S OFFICE 200 ~w ~t ~. ~^~ ~.~., ~0~^ 33~44
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
City Commission
David T. Harden, City Manager
April 10, 2002
Page 2
Due to the defective technology, we are requesting permission to file suit against Metron-
Famier, L.L.C. in the hopes of recovering some of the $256,825 spent on these defective
touch read meters.
In the near future, there will be an associated request by the Environmental Services
Department to replace the defective Metron touch read meters with a different brand of
meter that has more reliable touch read technology.
Please place this matter on the April 16, 2002 City Commission Agenda for consideration.
Please let me know if you have any questions. Thank you.
CCi
Barbara Garito, City Clerk
Dick Hasko, Director of Environmental Services
Joe Safford, Director of Finance
Barbara Schooler, Director of Utility Billing
Scott Solomon, Manager W/S Network
CITY JIF DELI:lAY BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
1993 DATE: April 5, 2002
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement offer in Fashaw v. City
This case arises out of an auto accident that occurred on September 29, 1997. A
City fire truck was traveling westbound on Atlantic Avenue attempting to respond
to a car fire that was located on the northbound exit ramp of 1-95. As the fire truck
approached the traffic light just east of the 1-95 overpass the fire truck went on the
shoulder of the north side of Atlantic Avenue because cars were stopped by the
traffic light. The fire truck had its lights on as it began to make a 90 degree turn
across 2 lanes of traffic on Atlantic Avenue in order to reach the car fire. At that
moment the light turned green and the Plaintiff proceeded to move forward and the
accident occurred.
The Plaintiff has alleged injuries to her back as a result of this accident. The
Plaintiff's husband also has a consortium claim. The Plaintiffs previously proposed
an offer of judgment in the amount of $12,500.00, in which we recommended
denial and was denied by the Commission.
The Plaintiff, at mediation, has now offered to settle this claim for $3,450.00
inclusive of attorney's fees and costs. At this time, the City Attorney's Office
recommends acceptance of this offer subject to the receipt of appropriate
releases.
By copy of this memo to David Harden, please place this item on the April 16,
2002 City Commission agenda. If you should have any questions, do not hesitate
to contact me.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
MEMORANDUM
TC~.
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM (]~ -REGULAR MEETING OF APRIL 16, 2002
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: April 12, 2002
Stanley Warshaw was appointed as a reg-l~r member on March 19, 2002 creating a vacancy for an
unexpired term ending August 31, 2003 for an alternate member on the Board of Adjustment.
To qualify for appointment, a person shall be either a resident of or own property in the city, and/or
own a business within the city.
The following have submitted applications for comideration:
John Baccari
John Gwynn
Samuel Resnick
Benjamin Ricker
(currently on Board of Comtruction Appeals)
(also applying for Code Enforcement)
A check for code viohtions and/or municipal liens was conducted. None were found with the
exception of John Gwynn. Please see attached print out of monies owed to the City of Delray
Beach. Voter registration verification was done and all are registered.
Based on the rotation system, the appointment will be made byMayor Schmidt (Seat # 5).
Recommend appointment of one (1) alternate member to the Board of Adjustment for an
unexpired term ending August 31, 2003.
City of Delray Beach Florida
Invoice Inguiry
3/08/02
13:18:17
'Customer ID
Last stateme
Last invoice
Current balanc~
Pending .....
Type options, press Enter.
l=Select
Opt Date Invoice #
6/03/99 14156
-- 5/22/98 11786
-- 3/23/90 14206
- 3/23/90 14207
-- 3/23/90 14208
4OO
3/01/02
6/03/99
683.54
.00 Status: A ACTIVE
Name: GWYNN, JOHN D
Addr: 203 NW 16TH ST
DELRAY BEACH, FL 334443031
Current Overdue Total billed
.00 107.00 107.00
.00 105.88 105.88
.00 68.88 68.88
.00 68.86 68.86
.00 68.86 68.86
MR450102
City of Delray Beach Florida
Invoice Inquiry
3/08/02
13:19:02
Customer ID . . . :
Last statement.
Last invoice
Current balance
Pending ..... :
Type options, press Enter.
1=Select
Date Invoice #
1/10/01 18893
4OO
3/01/02
/lO/Ol
69.00
.00
Current
.00
Name: GWYNN, JOHN D
Addr: 203 NW 16TH ST
DELRAY BEACH, FL 334443031
Status: A ACTIVE
Overdue Total billed
69.00 69.00
F3=Exit F12=Cancel
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
......... Site l~lan Review & Ap?oazance Board
List ~11 City Boa~s (m which you are currcr~Jy serving or brae previously servod: ~icK= inclu~ dl~s)
Board 0f ~jus~n~,- ,lggz-lgg3/lg95-Pzesent-~eru, ~izes 8/31/00
~u~ttiomJ qualifiCa~o~s: '
'9'. L, is~ may relmt~l prof~sJionni cc~fic~Ons and licenses which ,you hold: .....
Ii 1'.'De_scribe Lyc~r!.tn~e~, skills or knowle4;e which qvalif~, you to ser~e on dzis b'onrd: (Please attach · brief rcSlirn~) "j
hereby certify that al~the above s~tements are ~Je, and .r agree and understand the~ any
misstatement of mater/o/fec~ contained in this applicotion may ceuse forfeiture upon my pert
CITY CLERK
."tJ,k-13-29B~ 23:4? S61 24'3 3'?'?4 96~ P.83
C
~S,~ Cor'por'a't. iom
:BOARD 'MEMBER APPLICATION
=001 .
'-- . ~L~,~, '. -' '- : .- .... .~- -' ' -'-' . .... ~-~'~- ~':---
..... ' '' ' .~- ' - '~.'- -', -.- "~:. .' . ' .... ,':
~ ,: ,~ .- ~, .... ,, ,-... . .. ~ .-.:~~~'-.
' ' .]cARD MEMBER APPLICATION' __
2~1
~. ~~: I~e I
~~ - ,,,
~ 6. Arc ~ou · ~s~L~d ~ If ~, ~h~ ~. y~ ~d~
itu (=1~[
J 2 ]:)csc,,be cx3~.'r~er~ctk s -I~lb or 1~o~4cd~e ~l~cb qusb~y you to serve
SdI~Fu.L'Cl !~ W0J bc d~e spp~un~'$ tTspopsdM~y to ensure -h~t · current 8ppbcat~o~ ~s o~ d~lc.
.'RECEIVED
~lov ! 8
-~ITY CI KflK~
C
IOHN D. GI'V'YN'N
203 N.W. ~Z6 TH ST.
DELP~Y BEACH FL. 33~44
CO~~ BA~R LI~IELD OFFICE).
Ci~C BOA~S.
D~L~Y B~ACH BOA~ ~ ~LTO~ BOA~ OF DI~O~ !~1~2.
~Y OF DEL~Y B~ACH BOA~ OF CONSTR1~ON APPEALS 199~!993.
~DUCATION
B.S. B~D~G CO~S~iON, COLL~G~ OF ARCHIT~, ~RSI~ OF ~A 1983.
A.A. SA~A ~ COM~NI~' ~LL~GE, 1981.
C~AL ~AN ~GH SCH~L, 1977.
~ATE LIC~NSES
LI~SED ~ ~STA~ BKO~R, 1993.
LIC~SED G~L CO~~OK 19Z~.
0
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or print the followin~ infomaafion:
1. Lzst Name:
2. Home Address: City
3. Legal Residence: [ City
4. Principal Business Address:
5. Home Phone: [ Business Phone:
city
State
Pt,
State
State
E-Mail Address: ] Cell Phon~: [Fax:
6. Are you a registered voter? If so, where axe you re~stered? .~
M.I. [.
Zip Code_
Zip Code
Zip Code
7. _What B3ard(s) axe y.ou interested in ser,'ing? Please list in order o.f p~ref_erence: ' . __ ,...
8. List all City Boards on whi~:h you axe currently serving or have previously served: (Ple-ase/n~lude dates)
9. Educational qualifications:
10. ~st any rela[ed professional ce~ficafions md hcenses w~ch you hold:
Give your present, or most recent employer, nnd t~osition: . . .
Describe [xperiences, skills or knowledge%blob qu~h]fy you to serve on ~ boaxd: (P.l~ase atta~ ~ brief resume)
* - - I - ' " i
I hereby certify that all the above statements axe true, md I agree ~nd understan~t that any misstatemelat ~>f material fact~
contained~ this applicafiondl~ay cause forfeiture upon my part of any appointment I may receive.
$I~NA"'I~RE ' DATE
Note:
This application will remain on file in the City Clerk's Office for a period of ~~~J~:e it was
submitted. It will be the applicant's responsibility to ensure that a cutxent application is on file.
MAR ? ~/I~1~~°'''~''''~'''°'
CITY CLERK
March 21,2002
Karin Schell
City Clerk's Office
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FI.33444
Dear Ms. Schell
Samuel Resnick
2835 SWl3th Street
Delray Beach, Fl. 33445
Ph# 561.330.8419
As per our phone conversation of to-day, I am submitting this letter.
When I retired and moved to South Florida in 1995, I volunteered to
the City of Delray Beach for any commission or committee that could
use my background. Unfortunately, I was not hving in the city proper
and could not serve.
I have recently moved to Pines of Delray West, at the above address,
which is in the city proper.
I am again requesting to be considered for any commission or committee.
Enclosed please find my resume and a letter bom the Mayor of Norwalk, Ct.
Hoping to hear from your office.
Samuel Resnick
2835 SW 13th Street
])eh*ay Beach, Fl. 33445
Ph# 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Administration and code
analysis. Theses courses were given by Building Officials and Code
Administrators, International. (BOCA)
2. Licensing
a) Retired professional engineering licenses- Florida, Connecticut, New
York, New Jersey, and Vermont.
b) Retired registered architectural licenses- Florida, Connecticut, New York,
Mass., Vermont, Delaware, Pennsylvania, and the National Council
Architectural Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
3. Or~n/Tations
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to June 1987.
b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the Palm Beach County Board of Education oversight
committee on school construction from 1995 to 1996.
4. Experience
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct.
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Buildiug Official.
d) June 1957 to March 1978- Private practice as Architect-Engineer.
e) From 1939 to 1957- (excevt for two years in U.S. Navy and three years
in enginering school) worked for various architectural and engineefn[ firms.
: interpret ~.._ ~e~or · ~__~~~t ~ ~-
~l. 1t10~ Pla-- .... ''' zor co~--- --
3, ~a~o~,~ ,~_, ~ ~OS~ t~ ~ .... lSD,
----=~on S~l. ~ nail at Clt~ -
'
rO '- -"'~. en in --~uuc, New '~ ~q
-P fessto _. ~ e~. _ . _ Yo~k. ida a
}~t~ of ~;~~ h~ state ~' .~e ~re S~ to -- -
any O~nl._.~ation to - - florida. I~ -- -~ ~
--~Aon wi~ ~__ .' ~ of S~-.- -~-!a Wl~ Drl~- ~'~ ~t ~ wish
.o,u~ w~u Ao;Oo rAiL ~ &6d dlti ~XAX ~f.,l~'g. tk ~OOZ
m
DELRAY BFACH
A]l-AmedcaCily
' BOARD MEMBER APPLICATION
1993
2001
0
Pleuse type m p~,~t the ~ information:
2. Hom~Addzess: A" Ci~ : ..~' State ZipCo&
4. Pr~ Bu~ess Ad~s: ~ ' Sum ~ ~de
S. Home Phone: B,,~i~ess Phon~ ~-~ A~s,: ~ Phone:
10. Ust any ~rcd profes~o~ ~~ ~d Uc~es w~ you hol~
11. GiTe yo~ p~e~ or most zest ~p~ye~ ~d
7
submitted. It will bc the spplicant's ~sponsibilitv to ~-nsgt-e duta currtat svplic~tion is on file.
C
_RTl/ii
-dqMCfllg87-~
for ~Y~uitf~el v~th~ the
~ve for ~
OCTC~E~,I982-W~:::~,I987
-Oct. ober, 1982
Hat. tonal Director of Harketing. respcflslble for dLrect s~r-keLtng
and oc~tract negotiation ~lth :lfldel~t Insurance Agents thz~jh-
out the Unir~ States. flanog~g sales force vithin the ~
creating a total o! 83 agecy oppo~ts an~ prcd~lng 2.6
P.O. IOXL14K)4! · DELRA Y P. F. ACH, FLORIDA 33483 · M) 7'~4.7'7~ · FAX (MI~, W,J~JM
C
_RTW
-~,larc=h~ tgT~-,,l'anuaz7 .tg77
C~msul~ to ocmne~cial hanks, larve retail ~ ~ ~ ~lel~
val~ti~ ~~~ t~ ~ sales ~le ~ ~ ~g~t.
1976
Started in general insurance sales. ~ecar~ President of the
ccmpa~ responsible for adnLnistratlo~ and sales. Agency vol~ne
i.r~creuecl in t,,h/s perio~ frc~ $1.~2,000 p~ ~ to over $700,000
per year.
P.O. BOX a3..,o4 ~ · DELRAY ~EACH, FI. OR/DA
RTW COMPANY INC.
Foundl~ l~est~ent of/l~.rlc4n P~otectlve Ltfe Insurance
~ave valuable knowledge In the field of ~gency
2. lqsabe~ o! the :FlorLda A~soc~ation of Independent :Insurance
Jb~ents. ~erved cn the Agency P~nagee~t F.~,,tttm £or · years.
3. _ Charter l~ms~t o~ Central Breva.-d Indent ~gents Assoc.
Charter I~es~t ~ the ~jents AdvXsory Board
S. T~uqht general ~usur~nce at both ~Liqh School and Jur~tor Colleqe
level.
Ox:Da Beach O~ber of C~nerce President I ~m P~st~nt
~ ~h ~r of ~~ ~ of D~~ ~or 6 ~s.
P~t~t for ~ ~ar.
Brevara County Planning & Zoning Board for 4 years
Sezt~a Club
l~st~r~J~d ServLce A~rd
~ted as c~e of Y~r~o's FIve Outstanding Young ~
~,rrw~pAz~~. rab.-.~.~, ItS1 -J Va el953
~.0, BOX &I.;~4! · DELRAY BEACH, FLORIDA ~34J3 · ~105,) 794.77~ ·
MEMORANDUM
T~
PROlV~
SUBJECT:
DATE:
MAYOR AND CITY ODMMISSIONERS
CITY MANAGER ~fl~
AGENDA ITEM~ ~- REGULARMEETING OF APRIL 16, 2002
APPOINTMENT TO THE CDDE ENFORCEMENT BOARD
APRIL 12, 2002
At the Oty Commission meeting of April 2, 2002, Beril Kruger was moved to the position of reg,,h~
member, creating a vacancy for an alternate member for an unexpired term ending January 14, 2004.
All members of the Code Enforcemem Board must be residents of the Oty. Appointments to both reg,_,hr
and alternate member positions shall be on the basis of experience or interest in the fields of zoning and
building control. The regular and alternate membership of the Board shall, whenever possible, include an
architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. At this time the
Board has no member as engineer.
The following have submitted applications and would like to be considered:
Willie Potts, Jr.
Samuel Resnick
Sta-h~y Watsky
Andrew Youngross
Lawn maintenance
Code AdrNn [~trator/E ngineer
Real Estate
Engineer
(also applying for Board of Adjusunent)
A check for code viohtions and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered with the exception of Willie Ports.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat # 4).
Recommend appointment of one (1) alternate member to fulfill an unexpired term ending January 14, 2004.
boardcommission.memo.code board 04/16102
DELRAy BEACH
1993
2001
MEMORANDUM
TO.
FROlv~
SUBIECr:
DATE:
Commissioner McC. anhy
Karen Schell, Executive Assistant/Board
CODE ENFORCEMENT BOARD APPOINTMENT
April 9, 2002
At the Gty Commission meeting of April 2, 2002, Beril Kruger was moved to the position of regular
member, creating a vacancy for an alternate member for an unexpired term ending January 14, 2004.
All members of the Code Enforcement Board must be residents of the Ory. Appointments to both regular
and alternate member positions shall be on the basis of experience or interest in the fields of zoning and
building control. The regubr and alternate membership of the Board shall, whenever possible, include an
architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. At this time the
Board has no member as engineer.
The following have submitted applications and would like to be considered:
Wtllie Ports, Jr.
Samuel Resnick
Stanley Watsky
Andrew Youngross
Lawn maintenance
Code Administrator/Engineer
Real Estate
Engineer
(also applying for Board of Adjustment)
A check for code viohtiom and/or rmmicipal liem was conducted. None were found. Voter registration
verification was completed and all are registered with the exception of W'dlie Potts.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat # 4).
Please review the attached applications and I will contact you in a few days to see if you will be prepared to
make your appointment at regular Gty Commission meeting on April 16, 2002.
Cc: Mayor Schmidt
Commissioner Perlman
Commissioner Archer
Commissioner Levinson
~ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Note:
Please type or print the following information:
1. Last Name:: Name Middle Initial
Pot.ts, Jr.
2. Home Address: City State Zip Code
63/4 An~:ler Drive Delray Beach FL 3:5445
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
:5. Home Phone: 2?4-908? Business Phone~?4_9087 I Fax:
6. What Board(s) are you interested in.~rving?
7._ List all City Boards on which you are currently serving or have previo~sTbYferVed: (Please in~lu-de dates)
~ I
#
8. Educational qualifications:
GED
9. l.ist any related professional certifications and licenses which you h. gld: o
I
10. Give your present, or most recent employer, and position:
Ports Lau, n l~intenance
1 !. _Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and ! agree and understand,.that any
misstatement of material facts contained in this application may cause forfeiture upon my part
of ant,.appointme.qta"^ ~ may receive. R E C E I VE D
SIGNATURE DATE
CITY CLERK
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
BOARD MEMBER APPLICATION
1993
2001
Please type or ?~Lnt the followinl~ infom,.~tion:
1. l~st Name~.% ~.,
2. Home Ad&ess:
3. Legal Residence:
4. Principal Business Ad&ess:
5. Home Phone: Business Phone:
6. Are y?u s re~stered vote~
City Zip Code
City State Zip Code
E-Mail Ad&ess: [ Cell Vhon..e: ]Fax:
If so, where are you registered? ~
7. _What B.~ard(s) are you interested in serving? Please llst in order of t~reference: - .
8. List all cat3' Boards on which you are currently serving or have previously served: (Please ~n~lude dates)
9. Educational quahfications:
10. List an), rela~ed professional certifications and licenses which you hold:
11. Give your present, ot most recent employer, and oosifion: . . .
I hereby certify that all the above statentents are true, and I at,ce ~nd u~dm~a that any misstatement 6f ~naterial fact~ I
con~licafio~ forfeiture upon my pm of my appointment I stay tecdve.
( s~,~.~~~t' /~,t~ I
Note: This application will remain on file in the City Clerk's Office for ss period of ~~[l~e it was
submitted. It will be the applicant's responsibility to ensure that a cun'ent application is on file.
MAR
CiTY CLERK
March 21,2002
Karin Schell
City Clerk's Office
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FI.33444
Dear Ms. Schell
Samuel Resuick
2835 SW13th Street
Delray Beach, FI. 33445
Ph~ 561.330.8419
As per our phone conversation of to-day, I am submitting this letter.
When I retired and moved to South Florida in 1995, I volunteered to
the City of Delray Beach for any co~mission or committee that could
use my background. Unfortunately, I was not living in the city proper
and could not serve.
I have recently moved to Pines of Delray West, at the above address,
which is in the city proper.
I am again requesting to be considered for any commi.~sion or committee.
Enclosed please find my resume and a letter from the Mayor of Norwalk, Ct.
Hoping to hear from your office.
Snmuel Resnick
2835 SW 13th Street
Deb'ay Beach, FI. 33445
Ph~ 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Administration and code
analysis. Theses courses were given by Building Officials and Code
Administrators, International. (BOCA)
2. Licensing
a) Retired professional engineering licenses- Florida, Connecticut, New
York, New .Jersey, and Vermont.
b) Retired registered architectural licenses- Florida, Connecticut, New York,
Mass., Vermont, Delaware, Penn~lvania, and the National Council
Architectural Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
3. Organimtions
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to .June 1987.
b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the P~m Beach County Board of Educ~on oversight
committee on school construction from 19~5 to 1995.
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct.
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Building Official.
d) June 1957 to March 1978- Private practice as Architect-En~neer.
e) From 1939 to 1957- (exceot for two years in U.S. Navy and three years
in enginering school) worked for various -,rchitectmal and engineerinl firms.
OFFICE OF THE MAYOR
FRANK J. ESPOSITO, MAYOR
consultant, were as
1, ~nalyzed the -operation
assisted the Director
interpretations
of the Department of ~e En£orce~ent and
o£ Cods ~nforce~ent in Buildinq Code
2. City Coordinator for the A~arican 'with Disabiltt~ &ct (IDI). Surveyed
all city buildings, includi~g schools, for compliance with ~D&. Also, -
prepared the Transition Plans Sharing Bethods and costs to co~ply with
3, Mayor's Liaison to the Norwalk School Building Conittse wherein all.,
committee ~etings v~re attended. '-
City representative for the construction o£ the Concert Rail at City
Hall and repair o£ water damage at Rowayton School.
Code and cost analysis of ~arious echo01 alterations and addition work.
Sam is licensed in connecticut, New 7ork and Florida as a reqistered
architect, and in Connecticut, New 7ork, New Jersey and Florida as a
_professional engineer. He is _held../n .high-regard by those-in /~is.
. professional field and the City.
S,an has been an asset to Norwalk. We are sorry to s~u bin leave but we vi?h
him well in his new ho~e state of Florida. 'It is with pride that I give this
letter of recoamendation to a Ban of Sam's caliber.
any orqanization with vhon he becomes associated.
' NAYOR
He will be an asset to
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CITY CLERK ~ _ I
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BOARD MEMBER APPLICATION
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RECEIVED
oiTY'OLERK
[ITY OF DELRI1Y BEfl[H
CITY ATTORNEY'S OFFICE ~oo mw ~t ^ws~. ~^~ ~^C., ~o~^..~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE: April 12, 2002
Writer's Direct Line: 561/243-7091
MEMORANDUM
TO:
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Authorizations to Close on Barwick Property #17 and #18
The due diligence period for closing on Lot #17 and Lot #18 expires April 17, 2002.
Our office is seeking authorization to close on the properties.
We have received the Phase II Environmental Report for Property #17 (attached).
Pesticides were found in the groundwater. The presence of pesticides in the
groundwater, according to the report, will naturally attenuate with time. The levels
that were found are over the levels applicable to certain types of situations such as
drycleaning establishments. However, the levels of the contaminants found are
currently not applicable to this type of site. The environmental assessment for #18
was acceptable.
Please place the authorizations to close on the above properties on the April 16,
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Dick Hasko, Director of Environmental Services
CONCLUSIONS
REP Associates, Inc. has performed a Phase II Environmental Site Assessment
Addendum in conformance with the scope and limitations of ASTM Practice E
1903 in the septic tank drainfield area of Lot 302.6 of the Delray Beach proposed
high school location, Delray Beach, Palm Beach County, Florida. This report
addresses the results of sampling and analysis of soil, sludge, and groundwater
samples collected in and around the septic system.
Organochlorine pesticides 4,4'-DDD, 4,4'-DDT, and Dieldrin were detected in
the groundwater sample collected adjacent to the septic system in concentrations
greater than applicable GCTLs. Further investigation of septic tank sludge and
drainfield soils as possible source materials for the pesticides did not reveal any
detectable concentrations of organochlorine pesticides.
As stated several times in this report, REP would have liked to install another
groundwater monitor well near the septic system in order to collect a second
sample to validate the results of the first groundwater sample. However, the
presence of "significant" trees surrounding the septic system prevented the
installation of a groundwater monitor well using a truck-mounted drilling rig that
would have a thicker tilter pack material and therefore yield what may be a more
representative groundwater sample.
In other situations where access using a truck-mounted rig is not available, a
portable tripod rig is used for well installation. This method drives a three-inch
diameter casing into which a two-inch diameter well 'casing is placed. REP's
method for installation of a temporary monitor well was very similar to the tripod
rig and therefore was judged equivalent. Given these considerations, and the fact ,,2
that the laboratory double-checked quality control on the analysis of the
groundwater sample, REP believes that well installation, sample collection, and
analysis of the groundwater sample are all valid and therefore the data are valid.
The presence of these compounds in groundwater is most likely due to unknown,.,,,
past land use and will naturally attenuate with time.
The property owner may have an obligation to report the results summarized in
this report to the Palm Beach County Health Department, the Palm Beach County
Department of Environmental Resources Management, and/or the State of Florida
Department of Environmental Protection. The City of Delray Beach should
Phase II ESA Report Addendum
Lot 305 6, Proposed High School Site. Dclray Beach, FL
REP ProJect Number 1923 02 (BG
April 5, 2002
Page 7
inform the property owner of this potential obligation.
Also please note that the Soil and Groundwater Cleanup Target Levels used to
interpret the laboratory data collected for this study (Chapter 62-777, FAC)
technically apply only to drycleaner, petroleum, and Brownfields cleanups.
However, if and when the State of Florida adopts "global" cleanup target levels,
we expect that the application of Chapter 62-777 FAC standards will be extended
to all State-required soil and ~oundwater remediation projects.
Prepared by:
Janet M. Peterson, P.G.
REP Vice President
~Reviewed b, ~,
REP Unit lblanager
Phase II ESA Report Addendum
Lot 305 6, Proposed H~gh School Sae, Delray Beach, FL
REP ProJect Number 1923.02 (BG 06)
April 5, 2002
Page 8
CANAL L-30
LAKE WORTH
DRAINAGE DISTRICT
FARM
BUREAU
PINE TRE¢ DRIVE
SUNRISE: BOULEVARO
PALM R(0GE ~O(JLEVARD
WOOOLN~IO DRI~
W!NTERPLACE
P.U.D.
PALM RIDGE BLVD
OAi HILL ROAD --
! J ,,,.,,.,,.,,.,,..,.,,.,,.,,.,,.,,..,.,,.,,..,.,,.,,.,,
PiNE TREE DRIVE
SUNRISE BOULEVARD
pLACI~
N
APRIL 2002
.... CITY LIMITS .......
t~- SITE
(5.0) - ACREAGE
CITY OF' DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- DlClrAL B,,l$£ ~ $Y$1E'M -.
BANYAN
CREEK
ELEMENTARY
SCHOOL
133 ROAD SOU'11'{
L-31
BAR~CK
THROUGH: PAUL DORLINI~ ~IRE~TOR OF PLANNING AND ZONING
FROM: WENDY ~I'IAY, H~S'I~RIC PRESERVATION PLANNER
SUBJECT:
MEETING OF APRIL 16, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF
LAND LOCATED AT 610 & 615 NORTH OCEAN BOULEVARD (THE FONTAINE
FOX HOUSE), APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD
BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY
LISTED HISTORIC PROPERTY.
Ordinances 12-02A, B, and C reflecting the application request and recommendations by City Staff
and the Historic Preservation Board for the development of additional lots on the subject property
were brought before the City Commission on March 19, 2002 for its first reading. The second reading
was held on April 2, 2002, and the ordinances were denied. The City Commission provided direction
to prepare a modified ordinance which is now before the City Commission for first reading. The
ordinance proposes to modify the existing Ordinance 70-89 in the following way:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to four dwelling units.
3)
Establish a minimum of a 100 foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 100 feet from the existing rear wall (as it currently exists).
4)
Restrict the height of any new construction to 28-feet, on any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A).
5)
That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently
addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to recording the proposed final plat.
Ordinance 13-02 is now before the City Commission for review and approval.
Commission's Discretion.
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE AND PROPERTY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site which would
include the development of a house on the east side of A-I-A, provided certain conditions were
met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOI J,OWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two dwelling
units are allowed on the historic site west of A-1-A and to the rear of the currently existing Fontaine
Fox House but beyond the 100' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 100' buffer between the existing wall at
the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard, and any newly created
lot to the west, by requiring the west lot line of any newly created lot containing the Fontaine Fox
House, as it currently exists, to be a minimum of 100' from the existing rear wall as it currently
exists.
(3) The developer shall restrict the height of any new construction to 28' of any newly
subdivided lot immediately west of and adjacent to any newly created lot containing the existing
structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Se¢fion 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently existing
on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
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.
~.¢ction 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective mediately upon its passage on
second and final reading.
2 ORD. NO. 13432
PASSED AND ADOPTED in re~fl~,r session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 13-02
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
WEINER & ARONSON, P.A.
AT[ORNEYS AT LAW
The Clark House
102 North Swmton Avenue
Delray Beach, Flonda 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth, net
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board CertEied
Real Estate Lawyer
April 10, 2002
Via Hand-De#very
Mr. Paul Doding
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re:
Fontaine Fox Property
Our File No.: VBTS002
Dear Paul:
This letter is on behalf of our client, Village by the Sea, LLC. We understand that
the first hearing before the City Commission on the above-referenced matter is preliminarily
scheduled for April 16, 2002 and that the second hearing before the City Commission is
preliminarily scheduled for May 7, 2002.
Since we are new counsel to this matter, we respectfully request that the first
hearing be postponed to May 7, 2002 and that the second hearing be postponed to May
21,2002.
Please send all future correspondence pertaining to this matter to my attention.
Thank,)~u very much for your cooperation in this matter.
MSV ':ab
cc:
Mr. Frank McKinney
Ms. Susan Ruby (via hand-delivery)
Rebecca Henderson, Esq.
Ms. Wendy Shea (via hand-delivery)
· -,-
O:\VBTS002~etter Dorling.Aprl0.wpd
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - APRIL 16~ 2002
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA
Jo
REQUEST FOR FUNDING/HAITIAN AMERICAN COMMUNITY COUNCIL~ INC.:
Consider approval of the request for the City of Defray Beach to front funds up to $10,000 for the
Haitian American Community Council Caribbean-American Music Festival to be held June 1,
2002 with reimbursement from Palm Beach County Commissioner Addie L. Greene.
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.
ADDIE L. GREENE
Commissioner, District VII
Michelle Andrewin, Sr Adm. Assistant
Juanita Minton-Crumity, Adra Assistant
Gladys Whittham, Adm Assistant
Palm Beach County
Board of County Commissioners
Governmental Center, 12~h Floor
301 North Olive Avenue
West Palm Beach, Florida 33401
(561) 355-2207
Fax (56D 555-6332
~ South Office'
Southeast County Complex
345 Congress Avenue
Delray Beach, Florida 33445
(56D 276-1350
Fax: (561) 276-1380
agreene@co palm-beach fl us
*An Equal Opportumty
Affirmative Action Employer'
April 15, 2002
Karlie Richardson, Deputy Director
Haitian American Community Council, Inc.
And
Jimmy Jacques, Director
Haitian Cultural Society of Palm Beach County
600 North Congress Avenue, Suite 550
Delray Beach, FL 33445
Re: Funding Request Caribbean-American Festival
Dear Ms. Richardson and Mr. Jacques:
This is to serve as notification that I will make a commitment of$10,000
towards funding for the Caribbean-American Festival that will be held on
June 1, 2002, at "The Old School Square" in Delray Beach. Per our
telephone conversation on April 12th, my District VII Recreation
Assistance Program funding for this current Budget year has been
expended.
Also, as previously discussed, the Recreation Assistance Program
operates on a reimbursement basis with certain criteria. The distribution
of these funds is through a tbrmal agreement with an entity. The
agreement will be placed on a regular meeting agenda for approval by the
Board of County Commissioners and payment will be processed through
the entity involved. A Recreation Assistance Program Requirements
format is enclosed as well. If you have any questions, or need further
assistance, please contact Gladys Whigham in the South County Office.
Since you have indicated that you do not have funds readily available,
you may wish to contact the City of Delray Beach, or an entity that is non
profit and 501 (c)3 status that can up front the money for this event. The
funding for this commitment will not become available until October,
2002-2003, Fiscal year's Budget.
~ printed on recycled paper
Karlie Richat:dson
Jimmy Jacques
April 15, 2002
Page Two
I am pleased to contribute to this exciting Festival and commend you on
your theme of promoting ethnic, racial, cultural diversity, and cultural
pride throughout the Palm Beach County Community. Best wishes for
a successful event.
Sincerely,
Addie L. Greene
County Commissioner, District VII
CC:
David Schrnidt, Mayor and Delray City Commission
Dennis Eshleman, Director, Parks and Recreation
Susan Yinger, Grants Procurement/Contract Manager
Enclosure (1)
RECREATION ASSISTANCE PROGRAM REQUIREMENTS
o
Recipients must either be governmental entities or not-for-profit agencies
possessing Articles of Incorporation filed with the State of Florida and a list of
current Officers/Board of Directors, a copy of which must be provided to staff prior
to staff preparing a funding Agreement.
Projects and programs must have a recreational or cultural arts component.
Projects and programs must be deemed to have a public purpose.
Projects and programs funded by RAP must be available to the general public on
a non-discriminatory basis regardless of residency, race, color, religion, disability,
sex, age, national origin, ancestry, marital status, or sexual orientation.
All allocations (with the exception of County administered projects) require a funding
Agreement defining the project and its terms. The Agreement must first be
executed by the funding recipient and then reviewed and approved by the Board of
County Commissioners.
Funding is provided on a reimbursement basis only.
All local, county, state, and federal laws, licensing, and permitting requirements
must be met for each project or program, including Health Department licenses for
facilities at which certain after school and other programs are held.
Recipients must provide evidence of self-insurance or certificates of insurance
naming the County as additional insured with limits and coverage as determined by
the Risk Management Department. The coverage includes liability, auto (owned,
hired, and non-owned), worker's comp, property, and builder's risk, depending on
the type of project.
RAP funding may be used by recipients as a match for other project or program
money, but duplicate funding for the same project elements from multiple sources
is not allowable.
Rpr 12 02 03:SSp Haitian Rmerican Communit 561 272-BSG6 p.2
Haitian Amedcan Community Council, In?..
c:~m;nss ~,~,. ~ ~ ~ ~ n ~ T~: (~) ~--~ ~F~. ,. (ss*t) ~q~.~
1414 ~A~ ~ W~ ~ ~... ~: (~1) ~t~., ~: (~1) ~-~13
Wednesday, April 03, 2002
Commissioner Addle Greene
345 South Congress Avenue
Delray Beach, Florida 33445
D¢~ Commissioner Greene:
The Haitian American Community Council and HCSPB have planned a Caribbean-American
Music Festival for Saturday, June 1", 2002. The purpose of this inaugural Festival is to
encourage a cultural exchange of the arts and music of Caribbean-Americans. The theme of the
festival is to promote ethnic, racial, cultural diversity and cultural pride in Palm Beach County.
Additionally we want to build bridges of awareness, compassion and ultimately, respect and
cooperation between and among groups of people who share space locally, and countywide. By
joining us on this journey, you embrace the goals of our mission to create comnlunity, and
nurture our vision of peace and understanding. Proceeds from the affair will benefit cultural and
outreach programs in our community for our youths.
When we look at the growth in Palm Beach County, cultural diversity can be a source of
richness, a stinmlus to new ideas and new approaches to community life. It is this concept that
the Cultural Diversity celebration that we are planning we will try to nurture, in the belief that
cultural differences can become a source of strength, rather than weakness in our community.
A celebration of local talent, crafts and food will be held during the day at The Old School
Square on June 1, 2002. There will be a kick off"Caribbean Casual" Dinner, Friday, May
31, 2002 at Historic Old School Square.
The Haitian American Community Council is requesting $10,000 to help sponsor this event.
Enclosed you will find the budget and all the attachments that you requested. I do hope we can
count on your support in making this Caribbean-.4merican Music Festival a success. I truly feel
an event such as this is unquestionably essential to our diverse community. Cultural diversity work
is work that creates opportunities tbr progression and encourages empowerment in order to adapt
and develop
Please contact Katie Richardson, at (561) 272-2520 or (561) 859-3330, or Terry Adams at
(561) 585-3585 or (561) 964-1333 with any questions or requests you may have.
Deputy Director