02-16-99 Regular CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION REGULAR MEETING ~i"i'~"~
FEBRUARY 16, 1999 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS 1993
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less. The Mayor or presiding officer has discretion to adjust
the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping° Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Regular Meeting of February 2, 1999
6. Proclamations:
A. Calling for the First Nonpartisan Election on March 9, 1999
7. Presentations:
A. Retirement Award to Code Enforcement Officer Arthur Garland for
43 years of dedicated service to the City of Delray Beach
B. .American Cancer Society's Relay for Life
C. Annual Financial Report by Ernst & Young
8. Consent Agenda: City Manager recommends approval.
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify the actions approved by the
South Central Regional Wastewater Treatment and Disposal Board
'at the quarterly meeting of January 27, 1999.
B. RESOLUTION NO. 9-99 (ALLEY ABANDONMENT/RECTORY PARK): Approve
a resolution vacating and abandoning a portion of an east/west
alley right-of-way within Block 61, Town of Delray, but
reserving and retaining to the City an easement over the entire
area thereof, associated with the proposed Rectory development
to be located at the southwest corner of Swinton Avenue and
.Atlantic Avenue, based upon positive findings.
C. CLOSURE OF S.W. 2ND AVENUE AT S.W. 6TH AND 7TH STREETS:
Approve the closure of S.W. 2nd Avenue from S.W. 7th Street
north past S.W. 6th Street associated with the construction of
a chemical storage building at the Water Treatment Plant.
Regular Commission Meeting
February 16, 1999
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/DELRAY KAWASAKI DEALERSHIP:
Accept a Right-of-Way Deed from Dee Car Realty, Ltd. granting
to the City ten feet (10') of right-of-way for Old Dixie
Highway along the western boundary of the Delray Kawasaki
Dealership site located at 1900 North Federal Highway (west
side of North Federal Highway, approximately 150 feet north of
Allen Avenue.
E. LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENTS/APPLE
PROFESSIONAL CENTER: Approve a Landscape Maintenance Agreement
and a Hold Harmless Agreement with Apple Holdings Corporation
to provide for the installation and maintenance of landscaping
and parking along the north property line in the public
right-of-way of N.E. 3rd Street, associated with the
redevelopment of the former Apple Shop site located at the
southwest corner of N.E. 2nd Avenue (Pineapple Grove Way) and
N.E. 3rd Street.
F. TEMPORARY RIGHT OF ENTRY AND LICENSE AGREEMENT TO PERFORM
TESTING AND DUE DILIGENCE/BLOCK 77: Approve an agreement
between the City and the CRA (as owners) and Block 77
.Development Group, L.C. (as Buyer) to provide that the Block 77
developer may enter on the land to perform certain due
diligence and testing associated with the purchase and
redevelopment of the property.
G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/REGIONAL HAZARDOUS
MATERIALS RESPONSE TEAM: Approve an Interlocal Agreement for
Funding of Hazardous Materials Emergency Response Services
between Palm Beach County and the City wherein the County will
pay to the City a portion of funds provided by the Solid Waste
Authority for the provision of emergency hazardous materials
response services within certain zones.
H. FLORIDA DEPARTMENT OF TRANSPORTATION APPLICATION FOR LOCAL
AGENCY PROGRAM & CERTIFICATION: Approve and authorize the
Mayor to sign an Application for Local Agency Program, Local
Agency Certification to the Florida Department of
Transportation for the purpose of certifying staff in the areas
of in-house design, consultant selection and consultant design.
I. RESOLUTION NO. 11-99 (MPO GRANT): Approve a resolution
approving the Highway Beautification Grant and Maintenance
Memorandum of Agreement with the Florida Department of
Transportation related to the Metropolitan Planning
Organization grant through Beautiful Palm Beaches for
beautification along West Atlantic Avenue (State Road 806) from
'NW/SW 6th Avenues through NW/SW 10th Avenues.
J. REMOVED
K. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM:
Approve funding subsidies in the total amount of $31,100.00 for
two (2) income eligible applicants under the Delray Beach
Regular Commission Meeting
February 16, 1999
Renaissance Program, with funding from 118-1924-554-83.01
(SHIP).
L. SPECIAL EVENT REQUEST/1999 BUD LIGHT PRO/AM BEACH VOLLEYBALL
TOURNAMENTS: Approve a request from Exclusive Sports Marketing
for special event approval to allow the 1999 Bud Light Pro/Am
Beach Volleyball Tournament to be held April 24 & 25, 1999, and
a Summer Volleyball Tournament to be held June 19 & 20, 1999,
both at the municipal beach.
M. AMENDMENT NO. i TO AGREEMENT BETWEEN THE CITY AND McALPINES
TOWING: Approve Amendment No. 1 to the agreement with
McAlpines Towing for the towing of vehicles for the Police
Department which provides for a transfer of the contract from a
sole proprietorship to a corporation (McAlpines Towing to
McAlpines Towing, Recovery and Transport, Inc.).
N. RESOLUTION NO. 12-99 (PAWN SHOP LEGISLATION): Approve a
resolution in support of proposed legislation providing for
amendments to Sections 539.001(15) and (20), Florida Statutes,
relating to claims against purchased and pledged goods and to
local regulation of pawnbrokers.
O. RESOLUTION NO. 10-99: Approve a resolution assessing costs for
abatement action required to remove nuisances on twenty-two
(22) properties throughout the City.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period February 1st through 12, 1999.
Q. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the estimated annual amount of $10,404.00 to
Tanner Industries, Inc., via City of Boynton Beach co-op
bid, for the purchase of anhydrous ammonia to be used at
the Water Treatment Plant, with funding from 441-5122-536-
52.21 (Water Treatment & Storage - Chemicals).
2. Purchase award in the total amount of $23,756.00 to
Florida Door Control of Orlando, Inc., sole source
provider, for the purchase of a replacement electronic
door entry system for the Police Department, with funding
from 001-2111-521-64.90 (Police Administrative Services -
Other Machinery/Equipment).
3. Five year lease purchase agreement in the amount of
$700,180.21 with IBM Credit Corporation for the lease
purchase of two AS/400's Model 9406-620 from IBM Business
Partner, Midrange Support and Services, Inc., and approve
the down payment of $100,000 from the Repair and
Replacement Fund (334-6112-519-64.11).
-4-
RegUlar Commission Meeting
February 16, 1999
· 4. Purchase award in the amount of $27,900.77 to Contemporary
Controls and Communications, Inc., sole source provider,
for the purchase of eighteen (18) radios for the
computerized irrigation system, with funding from
001-4131-572-64.90 (Parks Maintenance - Other Machinery/
Equipment).
9. Regular Agenda:
A. PROPOSAL REGARDING SALE OF TENNIS CENTER NAMING RIGHTS:
Consider a proposal to sell naming rights for the Delray Beach
Tennis Center/Stadium.
B. SPECIAL EVENT REGUEST/4TH ANNUAL WINTER STREET CRAFT FESTIVAL:
Consider a request from Howard Alan Events for special event
approval for the 4th Annual Delray Beach Winter Street Craft
Festival to be held on February 27-28, 1999, including a
· temporary use permit for the use of NE/SE 4th Avenue (one block
north and south of Atlantic Avenue) and staff support for
barricading and security.
C. APPROPRIATE PRICE-FIXING CASE SETTLEMENT FUNDS FOR ROAD
RECONSTRUCTION: Accept $27,913.35 from the Office of Attorney
General as the City's share of a settlement fund to resolve the
petroleum products price-fixing case, and appropriate this
money to the capital budget for the purpose of street
reconstruction and resurfacing.
D. REMOVED
E. PALM BEACH INTERNATIONAL FILM FESTIVAL SPONSORSHIP: Consider
approval of a sponsorship in support of the Palm Beach
International Film Festival scheduled for April 9-18, 1999.
F. SETTLEMENT/REIDER V. CITY: Consider a proposed settlement of
the referenced matter.
10. Public Hearings:
A. ORDINANCE NO. 5-99: An ordinance rezoning a Parcel of land
owned by St. Vincent Ferrer Church, located 480 feet south of
George Bush Boulevard between N.E. 8th Avenue and Palm Trail,
from R-i-AA (Single Family Residential) District to CF
(Community Facilities) District. QUASI-JUDICIAL HEARING
B. ORDINANCE NO. 6-99: An ordinance amending the Future Land Use
Map designation from LD (Low Density Residential 0-5 du/ac) to
CF-P (Community Facilities-Public Buildings) and rezoning from
R-1-A (Single Family Residential) to CF (Community Facilities)
District for a parcel of land located on the east side of S.W.
2nd Avenue between S.W. 6th and 7th Streets, associated with
the construction of a chemical storage building at the City's
'Water Treatment Facility. QUASI-JUDICIAL HEARING
-5-
Regular Commission Meeting
February 16, 1999
C. .ORDINANCE NO. 7-99: An ordinance amending Chapter 32,
"Departments, Boards and Commissions", Section 32.08, "Length
of Terms; Restrictions", of the City Code to provide for a
prohibition on serving on two or more boards or committees
concurrently except in certain circumstances, and where
prohibited by state law or the Florida Constitution.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 8-99: An ordinance amending Chapter 51, "Garbage
and Trash", of the City Code by amending Section 51.22,
"Vegetative Waste", Section 51.23, "Bulk Trash", Section 51.40,
"Placement of Containers and Trash; Precollection Practices",
all to clarify the set out times and fees charged, and amending
Section 51.99, "Penalty", to clarify the penalty for a
violation. If passed, a public hearing will be scheduled for
March 2, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
/. W~R~A~, the Charter of the. City of Delray Beach,
... Florida, provides for the calling of a First Nonpartisan
Election for the purpose of electing officers of the City and
such other purposes as the Commission may prescribe; and
W~RF~u~, pursuant to said Charter provisions, it is
provided that a First Nonpartisan Election shall be held on the
second Tuesday in March of each year.
NOW, TIIEREFORE, I, JAY ALPERIN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do
hereby call for such nonpartisan election to be held on
Tuesday, March 9, 1999, between the hours of 7:00 a.m. and ?~00
p.m., with all the precincts and polling places in the City of
Delray Beach, as designated by the Supervisor of Elections for
Palm Beach County, being as follows:
Precinct No. Pollinq Place
166&166A Lakeview Baptist Church, 2599 N. Swinton Avenue
166B Pines of Delray North Clubhouse, 1641 NW 18 Avenue
166C Country Manors Clubhouse, 4900 Country Manors Blvd.
170 Church of the Palms, 1960 N. Swinton Avenue
171 Delray Beach Municipal Golf Course, 2200 Highland Ave
171A Banyan Creek Elementary School, 4243 Sabal Lakes Rd.
171B Temple Sinai, 2475 West Atlantic Avenue
171C West Park Baptist Church, 4004 Lake Ida Road
172 Pompey Park Recreation Center, 1101 NW 2nd Street
172A, B,C,D Cornell Museum-Old School Square, 51 N. Swinton Ave.
173 Delray Full Service Center, 301 SW 14th Avenue
174,174B Delray Woman's Club, 505 SE 5th Avenue
174A Sun Sentinel Building, 3333 South Congress Avenue
174C Abbey Delray South, 1717 Homewood Boulevard
175 Community Center, 50 NW 1st Avenue
175A Cornell Museum-Old School Square, 51 N. Swinton Ave.
176 Temple Sinai, 2475 West Atlantic Avenue
176A Emmanuel Catholic Church, 15700 Military Trail
176B Orchard View Elementary School, 4050 Old Germantown Rd
178 Boca-Delray Church of Christ, 620 Bluebird Drive
178A Lake Delray Apartments, 700 Lindell Boulevard
179 Pines of Delray Clubhouse, 2451 Black Olive Blvd.
189&190 Adult Recreation Center, 802 NE 1st Street
All qualified electors of the City of Delray Beach,
Florida, shall be qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 16th day of February, 1999.
MAYOR
JAY ALPERIN
SEAL
c AMERI
c. anca YOUR
SOCIETY
American Cancer Society
Saving lives.
The South Palm Beach CounW Unit
Provid~ the foflo~ng se~c~ to the ~iden~ of Bo~ ~ton, Dd~y B~ch, G~sWeam and Highland Beach
Reach to gecove~ Bre~ ~r su~vors ~sit breast c~cer patients in the hospit~, either before or
~er s~ge~, to assist them in their emotion~ ~d soci~ recover.
Road to gecove~ Free tr~spo~fion to ~d bom loc~ outpatient treatment for ~ea c~cer patiems.
Look Good...Feel BeRer Free m~e-over ~th complimem~ m~e-up ~d ~g for women undergoing
c~cer treatment.
Man To Man A support ~oup for pro,ate c~cer s~vors.
Project Detect E~ly d~e~on pro~ w~ch pro,des flee ~o~s for women who qu~i~.
I Can Cope Free patient ~d f~y education pro~ w~ch offers i~o~ation ~d insights
about the day-to-day issues of ling ~th c~cer.
La~g~omy Prog~m ~sists pa6ents ~th emotion~ ~d soci~ recove~ ~er the loss ofno~al speech.
Ostomy Program Helps ostomy patiems to success~lly adjust to life ~er surge~.
Suppo~ Groups Professio~y ~c~tat~ ~oups wh~e patients ~d f~fies g~ underst~ding ~d
help in coping ~th c~cer.
Winn-Di~e Hope Lodge Patiems ~d f~lies stay at a "home away bom home," flee-of-choRe, w~le
patients receive outpatient c~cer treatment in the ~ or ~nes~lle ~eas.
Oher ~s offer~ at ~e loc~ o~ce ~clude: one,e, ~ergen~ ~ci~ assist~ce, ostomy ~d l~gectomy
~pp~es, prostheses ~d bras, assist~ce ~th p~-relie~ng medicatio~ i~o~atio~ refe~s to other co~u~ty
resources, i~o~ation ~d ~id~ce.
State-Level Programs
R.O.C.K. Camp "Reaching Out to Cancer Kids," free summer camp exclusively for kids with cancer.
Scholarship Program Provides scholarships for college-age students who have a history of cancer.
Free 800 number Highly trained specialists offer the latest cancer information and provide one-on-
(800) ACS-2345 one support, guidance, compassion and comfort over the phone.
American Cancer Society, South Palm Beach County Unit
3350 NW Boca Raton Blvd. · Suite A-34 · Boca Raton, Florida 33431 · 561-394-7751 · Fax 561-394-7909
For cancer information call 1-800-A(~S-2345
D'o~,idm~ ansan'ers.
5'aYin~, liYe,~.
February 10, 1900 '
Delray Beach
City Manager
RE: American Cancer Society on the agenda for February 16, 1999, at 6:00
Relay for Life is the: Amedcan Cancer Society's signature activity to suppod the fight against cancer. Not
only does Relay ::raise .money to fight cancer, it honors cancer survivors, commemorates those who have
Io~t their lives to cancer and educates participants about the importance of prevention and early detection.
This year, Relay Is dedicated to the memor~ of Jerry Buckmaster, former Sales manager for Borton
Volvo and active member In Doth ti., Bu~a Raton and D<~lr=y .Beaah Ch=ml~or.~ ~f Commerce.
Relay For Life ::is a. major community event which involves businesses, Churches and synagogues,
community organizations, schools and families. It is a way to meet other members of the community,
strengthen camalrederie among Co-workers, neighbors and/or friends and fami[y~ relax, rejuvenate and party
while helping those arrectecl by tl~i~ often deva3tating dicoace.
Relay for Life iS a 24-hour event, during which members or teams take turns walking, running or roller
blading around a:one-mile track, while other members cheer them on, party, relax or sleep in campsites they
have set up on me 11e10 Inslcle U ~e t,,~ck. Tho o¥ont otartc with ~et up at mid-aft~.rnnnn on Fdday. From the
opening ceremony at 6:00 PM that evening until noon of the following day, the~e Is non-stop entertainment,
which includes music, team competitions, games and activities for children. Eater Fdday evening there is
a beautiful luminary (Candle-lighting) ceremony to honor cancer survivors and t~ remember those who have
lost their lives to.; canCer. It is an incredible, moving experience that you will never forget!
Thi.~ y~r our Relay For Life will take place on Friday and Saturday, May 14 & 15, 1999, at Spanish River
High School in Boca. The purpose of our presentation is to help ¢Counc~l Members to be[t~ cu~t~ptu~li2:e
Relay For Life and tO gain their support for'the event.
We approoioto you' allowing u~ to Cp,eak ~t yn~ w nRxt City Council Meeting.
Sincerely, _ ;
glnov I~aulau~ky (E)uckmaster) Ja~i~'n~eth Vicidomlni
Event CI3alr Developmrerff Spuciali~,t
Am..rl _,an C,m]cer Soc,~,t.y. ,~o,[h Palm Beach County
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM'S- REGULAR MEETING OF FEBRUARY 16, 1999
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: FEBRUARY 11, 1999
This is before the Commission to ratify the actions approved by
the South Central Regional Wastewater Treatment and Disposal
Board on January 27, 1999. By a vote of 8 to 0, the SCRWTD Board
approved the following:
** Authorization to instruct Widell, Inc. to utilize $19,371.00
(RFP-i) plus $6,881.00 (RFP-2) for a total of $26,252.00 of
the $200,000 allowance for unforeseen conditions in their
contract for improvements to the sludge management
facilities.
** Authorization to extend J&J Baker's contract for an
additional five (5) years at a rate of $25.26 per 1,000
gallons liquid sludge and $8.41 per cubic yard - cake
sludge. Rate adjustment based on two year Consumer Price
Index of 5%.
** Authorization to enter into contract with V.I.P. Painting,
Inc. in the amount of $88,920.00 for painting of the
exterior surfaces at the SCRWTD facility.
** Authorization to expend $55,000 to replace existing in-house
irrigation and plant water pumps on an emergency basis from
sinking fund.
** Authorization to expend $11,000 to recore radiator of small
generator in the blower building on an emergency basis from
the sinking fund.
Recommend ratification of the SCRWTD Board actions outlined
above.
ref:agmemo6
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
ROBERT J. HAGEL ~ ~. Telephone
Executive Director ~ · ~ (561) 272-7061 (561) 734-2577
~J Fax: (561) 265-2357
E-mail: scrwwtp@ ix.netcom.com
MEMORANDUM
TO: City Clerk's Office, City OF Delray Beach
FROM: Mary Ann Shumilla ~i'*'
DATE: January 28, 1999
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of January 27, 1999
which require signatures. Would you place these on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 27, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 27, 1999, by a vote of 8-0, approve Authorization to Instruct Widell, Inc.
to Utilize; 19,371. O0 [RFP- 1] + ;6,881. O0 [RFP-2] = ;26,252. O0 of the ;200, 000
Allowance for Unforseen Conditions in Their Contract for Improvements to the Sludge
Management Facilities. (No Additional Monies need to be appropriated.)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 27, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 27, 1999, by a vote of 8-0, approve Authorization to Extend J & J Baker's
Contract for an Additional (5) Years at a Rate of ;25. 26/1,000 Gal. Liquid Sludge and
;8.4 l/Cubic Yard - Cake Sludge.
Rate Adjustment based on (2) year Consumer Price Index of 5%.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 27, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 27, 1999, by a vote of 8-0, approve Authorization to Enter into Contract
with V.I.P. Painting, Inc. in the Amount of $88,920.00 for Painting of the Exterior
Surfaces. (No Additional Monies Need to be Appropriated.)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 27, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 27, 1999, by a vote of 8-0, approve Authorization to Expend ~55,000 to
Replace Existing In-house Irrigation and Plant Water Pumps on an Emergency Basis
from Sinking Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this __ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 27, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 27, 1999, by a vote of 8-0, approve Authorization to Expend $11,000.
to Recore Radiator of Small Generator in the Blower Building on an Emergency Basis
from the Sinking Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
TO: DAVID T. HARDEN, CiTY MANAGER
AND ZONING ' -
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING`
SUBJECT: MEETING OF FEBRUARY 16, 1999 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF A 13' ALLEY IN BLOCK 6'1
The requested action of the City Commission is approval of the abandonment of a portion of an
improved 13' east/west alley within Block 61, located on the west side of S. Swinton Avenue,
approximately 140' south of W. Atlantic Avenue.
The subject alley was dedicated with the recordation of the Town of Linton Subdivision in 1910.
The south 3' of the original 16' wide alley was abandoned in 1986, to accommodate the
encroachment of one of the structures into the right-of-way. The abandonment is being
requested in order to incorporate the subject area into the Rectory Park development at the
southwest corner of W. Atlantic Avenue and S. Swinton Avenue. The attached P & Z staff report
contains additional background and analysis of the request.
The Planning and Zoning Board considered this request at its meeting of October 20, 1997, and
unanimously recommended approval of the abandonment subject to conditions pertaining to
provision of easements; approval of the Rectory site development plan pdor to recordation of the
abandonment resolution; provision of right-of-way for proper turning radius connection of
east/west and north/south alleys; approval of the modification to Check Cashing Store's access
on Atlantic Avenue; and, provision of one-way access from Atlantic Avenue with the Rectory
development.
The provision of easements is being handled via language in the resolution, and the remaining
conditions have been addressed either through site plan approval or replatting of the
development site.
O By motion, approve the abandonment of a portion of the east/west alley within Block 61
through the enactment of Resolution 9-99.
Attachment: · Planning and Zoning Staff Report
· Resolution
RESOLUTION NO. 9-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN EAST/WEST ALLEY RIGHT-OF-WAY WITHIN
BLOCK 61, TOWN OF DELRAY, ASSOCIATED WITH THE
PROPOSED RECTORY DEVELOPMENT TO BE LOCATED AT THE
SOUTHWEST CORNER OF SWINTON AVENUE AND ATLANTIC
AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY A
UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of an east/west alley
right-of-way lying within Block 61, Town of Delray, as more
particularly described herein, associated with the proposed Rectory
development to be located at the southwest corner of Swinton Avenue
and Atlantic Avenue; and
WHEREAS, the application for abandonment of said alley
right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment
of Rights-of-Way", of the Land Development Regulations of the City of
Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0) (3)(e), the
Planning and Zoning Board, as Local Planning Agency, formally
reviewed this petition at a public hearing on October 20, 1997, and
recommended approval of the abandonment, based upon positive findings
pursuant to LDR Section 2.4.6(0) (5) and subject to conditions; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said alley
right-of-way for roadway purposes based upon positive findings
pursuant to LDR Section 2.4.6(0) (5), but does not abandon and retains
and reserves unto itself a utility easement over the entire area
thereof for the purpose of emergency access and constructing and/or
maintaining, either over or under, the surface poles, wires, pipes,
sewers, drainage facilities, or any other facilities used for various
public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property for roadway purposes only, but does not abandon and retains
and reserves unto itself a utility easement over the entire area
thereof for the purpose of emergency access and constructing and/or
maintaining, either over or under, the surface poles, wires, pipes,
sewers, drainage facilities, or any other facilities used for various
public utilities whether owned by the City or private corporations,
more particularly described as follows:
A parcel of land being a portion of a 16 foot wide
platted alley as recorded in Plat of City of Delray
Beach, formerly Town of Linton, as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach
County, Florida, being more particularly described
as follows:
The North 13 feet of a 16 foot platted alley being
bounded on the East by the West right-of-way line
of Swinton Avenue; on the West by a line extending
from the Southwest corner of Lot 3, Block 61 of
said Subdivision of City of Delray Beach; to a
point being 3 feet North of the Northwest corner of
Lot 11 of said Block 61 bounded on the North by the
South line of Lots 3 and 4 of said Block 61, and
bounded on the South by a line 3 feet North and
parallel with Lot 11 of said Block 61.
Containing 0.03 acre, more or less.
PASSED AND ADOPTED in regular session on this the 16th day
of February, 1999.
ATTEST:
~City Cl~rk r
- 2 - Res. No. 9-99
~ OLD
ATLANTIC AVENUE
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A]]ANE ',INENT
S.W. 1 SI SI. S.E. 1 SI SI.
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~.~.~., (Portion of Eos(/West Alley, Block 61)
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 20, 1997 (Continued from September 15, 1997 meeting)
AGENDA ITEM: V.A.
ITEM: Abandonment of a Portion of the Alleyway Lying within Block 61, Town
of Delray, Associated with a Proposed Development Located at the
Southwest Comer of Swinton Avenue and Atlantic Avenue.
ATLANTIC AVENUE
GENERAL DATA:
Owner/Applicant. ............................ , ..... The Aeacus Real Estate Limited Partnership
Agent. ................................................. John W. Szerdi and Associates
Location .............................................. Southwest comer of Swinton Avenue and Atlantic Avenue
Property Size ...................................... 0.03 Acre (proposed abandonment) & .0.01 Acre (Previously Abandoned)
Future Land Use Map ......................... Mixed Use Area
Current Zoning ................................... OSSHAD (Old School Square Historic Arts District)
Adjacent Zoning ........................ North: OSSHAD
· East: CBD (Central Business District)
South: OSSHAD
West: · OSSHAD
Existing Land Use .............................. Improved alley right-of-way
Proposed Land Use ............................ Abandonment of alley right-of-way to link the old 2 story rectory building via a
brick and landscaped pedestrian/parking area to a proposed mixed use 3 story
building.
Water Service ..................................... n/a
Sewer Service ..................................... n/a
The item before the Board is that of a recommendation to the City Commission for the
proposed abandonment of a portion of a 13' alley located within Block 61, formerly
Town of Linton Subdivision. The subject alley is located on the west side of S.
Swinton Avenue, approximately 140' south of W. Atlantic Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The subject alley was dedicated with the recordation of the Town of Linton
Subdivision in 1910. The south 3' of the original 16' wide alley was abandoned in
1986, to accommodate the encroachment of one of the structures into the right-of-
way.
The area proposed for abandonment is the 13' alley which runs between Lots 3 and 4
to the north and Lot 11 to the south, and consists of approximately 2,106 square feet.
An abandoned gasoline station was recently demolished on Lots 3 and 4, and a
historic structure currently used as an office (originally constructed as a parsonage in
1912) is located on Lot 11. The owner of Lots 3, 4, and 11 is requesting the
abandonment for future development, and has submitted a preliminary sketch plan of
the project.
The subject alley is 13' in width. Pursuant to LDR Section 2.4.6(O)(1), public property
dedicated through subdivision shall be divided at the center line and returned equally
to abutting parcels when abandoned. The same property owner owns Lots 3, 4 and
11, and would receive the entire 13'. The subject alley is adjacent to commercial uses
to the east and west; office to the south; and vacant land to the north in the Old
School Square Historic Arts District (OSSHAD). The alley is paved and provides
access to Swinton Avenue, S.W. 1st Avenue, and an existing improved north/south
alley.
An 8" sewer main and 2" water main are located within this alley. The City's
Environmental Services Department has indicated that it has no objection to the
abandonment, however, 12' sewer and water easements must be provided to allow
for future maintenance of these facilities. In addition, no landscaping or other
structures are to be placed over the utility easements. The Fire Department has also
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 2
indicated it has no objection to the request. BellSouth, Adelphia Cable, FPL, and
Florida Public Utilities ali have services within this alley. If the abandonment is
approved, easements to cover the City, FPL, BellSouth, Flodda Public Utilities, and
cable services must be provided.
A site plan application must be submitted for any proposed development on Lots 3, 4,
and 11 for review by staff and consideration by the Historic Preservation Board. If the
abandonment request is approved by the City Commission, prior to the recordation of
the abandonment resolution site plan approval must be obtained and applications
submitted for building permits.
At its December 18, 1996 meeting, HPB approved a site plan for the Check Cashing
Store located on Lots 1 and 2 immediately west of this abandonment area. The site is
now under construction. The approved site plan calls for the following with respect to
parking lot design:
El Elimination of two curb cuts along S.W. 1st Avenue;
rn Construction of a 14-space diagonal parking lot on the east side of the property
with a one-way driveway into the site from Atlantic Avenue and egress provided
onto the east/west alley on the south side of the property;
El Construction of a nine-space dead-end parking bay on the south side of the
proposed building with access provided from the east/west alley; and,
El Installation of a dumpster enclosure adjacent to the alley.
Per the West Atlantic Avenue Redevelopment Plan, in an effort to encourage
pedestrian activity, no new parking lots, or curb cuts to access parking lots are to be
permitted on W. Atlantic Avenue. Existing curb cuts on the Avenue should be
eliminated whenever possible. The applicant's initial proposal was to retain an
existing two way driveway onto Atlantic Avenue, but the Board requested its
elimination. As a compromise, the driveway was reduced in length and converted to
one way in order to provide a safer situation. This design requires that all vehicles
exit the parking area via the east/west alley.
The abandonment does not affect the portion of the alley that abuts the Check
Cashing Store; however, it will eliminate direct access to Swinton from the alley. It
should be noted the Check Cashing Store objects to the abandonment, as per the
approved site plan the alley is to serve as the primary egress point for its business.
The remaining portion of the east/west alley will maintain access to S.W. 1st Avenue,
and to an existing north/south alley east of the Check Cashing Store. The north/south
alley is improved to S.W. 1st Street. If the abandonment is approved, off-site turning
radius improvements in the remaining alley would be required to maintain proper
access for both customers and sanitation vehicles.
P&Z Staff Report
Abandonment of a 13' AIl~_y in Block 61
Page 3'
The applicant and representatives of the Check Cashing Store have met to discuss
alternatives to resolve the alley access issue. In order to come to a solution
acceptable to everyone involved, modifications to the Check Cashing Store site plan
have been proposed, including converting the approved 17' wide one-way driveway to
a 20' wide two-way drive. The owner of the comer property would agree to limit his
own Atlantic Avenue access to a one-way drive.
COMPREHENSIVE PLAN:
Future Land,,Use Element Policy C-3.3 - Alleys located within the Old School
Square Historic District on either side of Swinton Avenue shall remain and be
made available for access to abutting properties. Accordingly, these alleys
shall not be abandoned to private interests.
Pursuant to LDR Section 3.1.1(C), a finding of overall consistency must be made with
land use and land development applications. This finding may be made even though
the action will .be in conflict with some individual performance standards, provided
that the approving body specifically finds that the beneficial aspects of the proposed
project outweighs the negative impacts of identified points of conflict. The
performance standards for site plan applications reflect policies in the
Comprehensive Plan. Other policies, as the above referenced policy, may also be
referenced to achieve a finding of overall consistency.
Use of the alleys for access and parking is encouraged for redevelopment of
properties within the Old School Square Historic Arts District. This abandonment
results in the elimination of a portion of alleyway that is currently used to access S.
Swinton Avenue. The applicant is requesting the abandonment to incorporate the
subject area into adjacent properties for a redevelopment project at a high visibility
comer (W. Atlantic Avenue and Swinton). As the proposed redevelopment site is
located within OSSHAD, the project will require approval by HPB, as well as review
by the Community Redevelopment Agency (CRA), and the Downtown Development
Authority (DDA).
While the abandonment request is not consistent with this Comprehensive Plan
policy, the portion of the alley to remain will maintain access to S.W. 1st Avenue.
Access to Swinton will still be possible via the north/south alley that connects to S,VV.
1st Street. Abandonment of the alley will allow the property owner to unify this site,
resulting in a more workable site plan. In addition, the portion of alley to be
abandoned was previously reduced from 16' to 13' in width and is not appropriate for
two-way traffic.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 4
Redevelopment of this site will be a significant improvement to the previous use and
contribute to the continued redevelopment of the downtown area and OSSHAD.
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:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ' :~ '!~: ::: :: :~': :"~ '::: '" ~' "' ~ ~' ~ ' :"~ '<: "'< ' :~ "::' ~" ':'<:~!;:'<~i :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being
approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
The alley is improved and has been used for access in the past. The applicant owns
the property on both sides of the subject abandonment ama, and the sketch plan for
the development of Lots 3, 4, and a portion of Lot 11 indicates the abandonment area
will have sod or ground cover. The approved development plan for the Check
Cashing Store uses the alley including this portion to access Swinton Avenue.
However, the remaining portion of the east/west alley will maintain access to S.W. 1st
Avenue to the west and circuitous access to Swinton Avenue via an existing
north/south alley in Block 61. City water and sewer, and FPL, BellSouth, Florida
Public Utilities, and cable services are located within the alley, and replacement
easements to cover these existing utilities are required. If the abandonment is
approved, replacement utility easements to cover existing services must be provided.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The applicant owns the lots to the north and south of the subject alley, and the
abandonment will not prevent access to a lot of record. Abandonment would however
eliminate direct access to Swinton Avenue by customers of the Check Cashing Store.
Given the above the owner of the Check Cashing Store obje .cts to the abandonment
request. He has requested that if the. alley is abandoned, he be able to modify his
plan to provide two-way access from Atlantic Avenue.
C) That the abandonment will not result in detriment for the provision of
access and/or of utility services to adjacent properties or the general
area.
Currently, access is taken from the subject alley. As noted, the abandonment will
prohibit direct access to Swinton Avenue for properties to the west; however, the
remaining portion of the alley will provide access to S.W. 1st Avenue and indirect
access to Swinton via an existing north/south alley. In addition, the subject
abandonment area is 13' in width, which is not appropriate for two-way traffic.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 5
Replacement easements will be required to cover the existing and future City,
BellSouth, Florida Public Utilities, FPL, and cable facilities within the alley. BFI utilizes
the alley to access the Check Cashing Store's dumpster, and if abandoned, an
adequate turning radius must be provided.
The alley is located within the CRA area. The CRA Board reviewed the request at its
meeting of September 11, 1997, and recommended approval of the project.
The subject alley is improved and provides access to Swinton Avenue, S.W. 1st
Avenue, and an existing north/south alley. The purpose of the abandonment is to
incorporate the subject area into Lots 3, 4, and a portion of Lot 11 for the
redevelopment of a high visibility location in the downtown area. With the
abandonment, direct access to Swinton Avenue by the property to the west will be
eliminated. The remaining portion of the alley will continue to provide access to S.W.
1st Avenue to the west. The Check Cashing Store objects to the request because the
alley serves as a primary egress for its business, and direct access to S. Swinton
Avenue will be eliminated. However, he would agree to the abandonment if allowed
to modify his plans to provide two-way access off of Atlantic Avenue. Staff does not
object to this proposal, provided that the corner property access be limited to a one-
way drive. Any modifications of the Check Cashing Store site plan must be approved
by the Historic Preservation Board.
The abandonment is not consistent with Future Land Use Element Policy C-3.3. That
policy is intended to maintain the existing traffic circulation system, to facilitate the
redevelopment of properties within the district. This particular proposal deals with a
substandard alleY that 'is impeding the unification of a very important property.
concessions should be made to ensure that other properties on the block are not
significantly inconvenienced by the abandonment.
If the abandonment is approved replacement easements will be required to cover
existing facilities. Further, a site development plan must be approved and building
permit applications processed prior to the recording of the abandonment, and any
proposed modifications to the Check Cashing Store site plan must be addressed prior
to City Commission.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 6 ., -'~
1. Continue with direction.
2. Recommend approval of the abandonment in that despite its inconsistency with
Future Land Use Element Policy C-3.3, the action is necessary to achieve other
objectives of the Comprehensive Plan regarding the revitalization of the Central
Business District, and based on positive findings with respect to LDR Section
2.4.6(0)(5). The abandonment shall be subject to the following conditions:
(a) That easements to cover City, FPL, BellSouth, Florida Public Utilities, and
Adelphia Cable be provided.
(b) That prior to the recordation of the abandonment resolution site plan approval
be obtained and applications submitted for building permits.
(c) That adequate right-of-way be provided to ensure a proper turning radius at the
connection of the east/west and north/south alleys.
(d) That the modification to the Check Cashing Store's access drive be approved
by the Historic Preservation Board prior to scheduling the abandonment for
City Commission action.
(e) That the Atlantic Avenue access to the comer property be one-way.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5) and Future Land Use Element
Policy C-3.3.
Recommend approval of the abandonment in that despite its inconsistency with
Future Land Use Element Policy C-3.3, the action is necessary to achieve other
objectives of the Comprehensive Plan regarding the revitalization of the Central
Business District, and based on positive findings with respect to LDR Section
2.4.6(0)(5). The abandonment shall be subject to the following conditions:
1. That easements to cover City, FPL, BellSouth, Florida Public Utilities, and
Adelphia Cable be provided.
2. That prior to the recordation of the abandonment resolution site plan approval be
obtained and applications submitted for building permits.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 7-
3. That adequate right-of-way be provided to ensure a proper turning radius at the
connection of the east/west and north/south alleys.
4. That the modification to the Check Cashing Store's access drive be approved by
the Histodc Preservation Board prior to scheduling the abandonment for City
Commission action.
5. That the Atlantic Avenue access to the comer property be one-way.
Attachments: · Location Map
· Survey
filename: u:~grahamc~zrep~blk61ab2.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lVlg2XlAGER~_~
SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF FEBRUARY 16, 1999
CLOSURE OF S.W. 2ND AVENUE AT S.W. 6TH AND 7TH STREETS
DATE: FEBRUARY 12, 1999
This is before the Commission to approve the closure of S.W. 2nd
Avenue from S.W. 7th Street northward past S.W. 6th Street to
where the road deadends at the Public Works complex. This closure
was requested by the City's Environmental Services Department in
conjunction with the construction of the new chemical storage
building at the Water Treatment Plant. The intent is to restrict
access to the Water Treatment Plant from S.W. 7th Street only
through an electronic gate. This will enhance 2nd and 3rd shift
safety for one-man operator shifts.
The Planning and Zoning Board considered the request for street
closure at a public hearing on January 25, 1999. At the same time
the Board considered the proposed small scale FLUM amendment and
rezoning which is before the Commission on this agenda for second
and final reading (Ordinance No. 6-99). After discussion and an
explanation that the chemicals to be stored in the new building
are inert and not classified as hazardous materials, the Board
voted unanimously to recommend approval of the street closure,
subject to the condition that an 8' wall be constructed along the
east and north property lines of the building site for buffering
purposes.
In the attached memorandum from staff, under 'Recommended Action',
the Commission is asked for direction concerning the Planning and
Zoning Board's recommendation that a wall be installed. As noted,
the Environmental Services Department estimates that installing a
wall instead of a fence will increase the project cost by more
than $10,000 with minimal benefit. The storage building already
has a secondary containment design, and the fence and landscaping
will provide an adequate visual buffer.
I recommend that a wall not be required. The east wall of the
building will not have any real windows or doors, so why hide one
blank wall with another? A landscaped area between the property
line and the building would look better than a wall.
Recommend approval of the street closure, subject to the staff
recommendation that a wall not be required.
ref:agmemol8
SUBJECT: MEETING OF FEBRUARY 16, 1999
CLOSURE OF S.W. 2ND AVENUE AT S.W. 6TM AND S.W. 7TM STREETS
ASSOCIATED WITH THE CITY WATER TREATMENT PLANT
In July, 1998, the Planning and Zoning Department received a request from the City's Department
of Environmental Services to process a City-initiated project for the closure of S.W. 2nd Avenue at
S.W. 6th Street and S.W. 7th Street. The closure is being requested to restrict access to the Water
Treatment Plant to S.W. 7t~ Street only and to enhance 2nd and 3rd shift safety for one-man
operator shifts. The attached Planning and Zoning Staff Report contains additional information on
the closure. Associated with the closure are requests for Future Land Use Map amendment and
rezoning to CF (Community Facilities) for the construction of a chemical storage building on the
east side of S.W. 2nd Avenue between S.W. 6t~ and S.W. 7t" Streets. The public hearing for the
Future Land Use Map amendment and rezoning requests are also scheduled for the February 16,
1999 City Commission meeting.
At its meeting of January 25, 1999, the Planning and Zoning Board reviewed the closure request,
and a resident of the area expressed concern regarding the nature of the chemicals being stored
in the proposed chemical storage building. Staff explained that the chemicals are inert and are
not classified as hazardous materials. The Board recommended that an 8' high wall be
constructed along the east and north property lines of the building site for buffering purposes. The
Board then unanimously voted to recommend approval of the closure to the City Commission.
The City's Environmental Services Department estimates that installing a wall instead of a fence
would increase the project cost by more than $10,000 with minimal benefit. The storage building
already has a secondary containment design, and the fence and landscaping will provide an
adequate visual buffer.
By motion, approve the closure of S.W. 2nd Avenue between S.W. 6t~ and S.W. 7~h Streets based
upon the ability to make positive findings with the policies of the Comprehensive Plan.
Commission discretion regarding the recommendation to install a wall.
Attachment:
· Planning and Zoning Staff Report
MEETING OF: JANUARY 25, 1999
AGENDA ITEM: IV.E. CLOSURE OF S.W. 2ND AVENUE AT S.W. 6TM AND 7TM
STREETS ASSOCIATED WITH THE CITY WATER TREATMENT
PLANT
The item before the Board is that of making a recommendation to the City Commission
regarding the closure of S.W. 2nd Avenue at S.W. 6th and 7th Streets associated with the
City Water Treatment Plant.
The City has recently purchased 2 lots located on the east side of S.W. 2nd Avenue,
between S.W. 6th and S.W. 7th Streets directly east of the City's Water Treatment Plant.
The City is currently processing requests for Future Land Use Map amendment and
rezoning to CF (Community Facilities) to accommodate a chemical storage building and
parking lot. Along with this new construction a request is being processed to close S.W.
2nd Avenue at S.W. 6th and S.W. 7th Streets. Currently S.W. 2nd Avenue dead ends to
the north of S.W. 7th Street at the Public Works/Water Treatment Plant facility. The
closure is being requested in order to restrict access to the Water Treatment Plant to
S.W. 7th Street only and to enhance 2nd and 3rd shift safety for one-man operator shifts.
The proposal calls for limiting access to the Water Treatment Plant to S.W. 7th Street
only, with the following improvements:
> Install an electronic gate across the north side of S.W. 7th Street at S.W. 2nd Avenue;
~. Install a chain link fence and hedge material along the south, east, and north
property lines of the lots where the chemical storage building is proposed, and
continue the fence across the west end of S.W. 6th Street where it will connect to an
existing chain link fence along the east side of the S.W. 2nd Avenue (see attached
detail); and,
> Install a T-Turnaround just east of the intersection of S.W. 6th Street and S.W. 2nd
Avenue to allow the existing single family residence at the northeast corner to
maintain access to S.W. 6th Street.
Planning and Zoning Board Staff Report
Recommendation to the City Commission Regarding the Closure of S.W. 2nd Avenue at S.W. 6th
and S.W. 7th Streets
Page 2
Comprehensive Plan:
The adopted Comprehensive Plan for the City identifies the need to maintain level of
service standards for existing public facilities in the Public Facilities Element and the
Capital Improvement Element:
Public Facilities Element Objective D-l: Provisions are to be implemented
to maintain and upgrade existing public facilities to retain the acceptable
level of service for the facility and to maintain the "marketability of the
facility and the City."
Capital Improvement Element Objective A-l: the City shall direct financial
resources to the task of maintaining and upgrading existing public facilities
as necessary to assure that the entire City achieves the adopted levels of
service. To this end, the City shall allocate sufficient reserves and annual
recurring funding to address critical needs and system deficiencies.
Justification for Closure:
Street closure requests are addressed on the basis of impacts on the immediate
neighborhood and the city as a whole. Justification for approval of street closures are
based on the ability to meet the following goals:
> If it is an action which enhances the stability of residential neighborhood;
Mitigates the adverse impacts which exist between commercial and residential land
uses;
Controls traffic from non residential land uses through residential areas; and,
Mitigates the improper use of substandard facilities.
This closure will help to mitigate the adverse impacts between commercial (non-
residential) and residential land uses by separating traffic patterns and providing an
enclosed, landscaped buffer between the two.
Cost Estimates:
The City will be funding the improvements associated with the closure; and the cost
estimate for these improvements is $7,000. The City Commission will consider the
funding in conjunction with the action on the street closure.
Planning and Zoning Board Staff Report
Recommendation to the City Commission Regarding the Closure of S.W. 2nd Avenue at S.W. 6th
and S.W. 7th Streets
Page 3
Summary:
The closure is being requested in order to restrict access to the Water Treatment Plant
complex to S.W. 7th Street only, and to enhance 2nd and 3rd shift safety for one man
operator shifts. In addition to closing S.W. 2nd Avenue at S.W. 7th Street, the request
will also result in the closure of S.W. 6th Street at S.W. 2nd Avenue. Improvements
associated with the closure include installation of an electronic gate at S.W. 2nd Avenue
and S.W. 7th Street, chain link fence and hedge material, and a T-turnaround at the
intersection of S.W. 2nd Avenue and S.W. 6th Street. The closure will limit the number of
access points into the complex, thereby enhancing control of nonresidential traffic
through the surrounding residential area. The closure will not negatively impact traffic
circulation since access is still available to S. Swinton Avenue, S.W. 4th Avenue, and
S.W. 7th Street. The installation of the T-turnaround will allow the single family residence
at the northeast corner of S.W. 2nd Avenue and S.W. 6th Street to maintain access to
S.W. 6th Street.
This section of S.W. 2nd Avenue contains 5 driveways which access the Water
Treatment Plant and Public Works Complex. Thus, the road is primarily used for
nonresidential purposes. With the construction of the storage building on the east side
of S.W. 2nd Avenue, there will be two additional driveways and cross traffic between the
existing City facilities and the storage building. This roadway section is primarily
bordered by City property, except for the portion abutting the property at the northwest
corner of S.W. 2nd Avenue and S.W. 6th Street, whose driveway is on S.W. 6th Street.
While it may seem appropriate to abandon this section of S.W. 2nd Avenue rather than
close it off, doing so would cause % of the right-of-way to revert to the property owner to
the east. The City would then be required to purchase that section of the right-of-way if
an ingress/egress easement could not be obtained from the property owner. Under
these circumstances the closure is appropriate.
Community Redevelopment Agency: The CRA reviewed the proposal at its January
14, 1999 meeting and recommended approval of the request.
Courtesy Notice: A courtesy notice has been provided to all property owners within
500' of the street closure. Formal notice has been provided to the following
neighborhood associations:
> Rosemont
> Merritt Park
Letters of support or objection, if any, will be presented at the Planning and Zoning
Board.
Planning and Zoning Board Staff Report
Recommendation to the City Commission Regarding the Closure of S.W. 2nd Avenue at S.W. 6th
and S.W. 7th Streets
Page 4
1. Continue with direction.
2. Recommend to City Commission that the closure be approved.
3. Find that it would be inappropriate to approve the closure as it has failed to
achieve its goals.
By motion, recommend to the City Commission that it would be appropriate to approve
the closure of S.W. 2nd Avenue at S.W. 6th and S.W. 7th Streets, based upon positive
findings with the policies of the Comprehensive Plan.
Attachments:
~> Map Showing Location and Proposed Improvements
u:\grahamc\pzrep\chemclo.doc
S.W. 3~O ST. S.E. 5RD ST, . 5RD ST.
MERRI TT --
~' PARK
s.w. ~T~ ST. S.E. ~T~ ST.
[ PALM BEACH_ COUNTY
¢. ~" s.~. ~. -7
-- TREA TMEN T
PLANT
~ ~ PROPOSED
s.w.
S.W. 8~ ST.
~ I [ ~ S.E. 8TH ST.
S.W. 9TH ST. '
~ , , ~ ~ -,
S.W, 9TH CT.
S.W. lOTH . ST.
[~ ELEMENTARY ~ z PLACE
%~t( SCHOOL z ~ l CONDOS
~ PROPOSED STREET CLOSURE
~,~ or ~ ~. ~ ~ - PORTION OF S.W. 2ND AVENUE TO BE CLOSED
PLANNING ~ ZONING DEPARmENT
MEMO
CITY MANAGER'S OFRCE
TO: Date:
1993
TO: DAVID T. HARDEN
CITY MANAGER ~.,,.
THRU: DIANE DOMINGUEZ, DIRECTOR ~
FROM: ~A~~IO. PLANNER
SUBJECT: MEETING OF FEBRUARY 16, 1999
ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH THE
DELRAY KAWASAKI DEALERSHIP.
lhe action requested of the City Commission is acceptance of a ri[iht-of-way deed for
Old Dixie Highway ri[Iht-of-way associated with the Delray Kawasaki Dealership,
'located on the west side of north Federal Hi[ihway, approximately .150' north of Allen
Avenue (.1[i00 North Federal
At its meetin[i of November 4, .1[i[i8, the Site Plan Review and Appearance Board
(SPRAB) approved the site plan modification for the Delray Kawasaki Dealership
subject to a condition that the western .10' of the property be dedicated to the City for
Old Dixie I--li[ihway ri[iht-o~-way. Presently only 30' of ri[iht-of-way exists alon[i the
subject property as opposed to the required 50' width. Pursuant to I_DR Section
5.3.'1 (D)(4) (Reduction in Width), a reduction to a 40' ri[Iht-of-way width was granted by
SPRAB, and was supported by DSMG (Development Services Mana[iement Group)
and the City Engineer. A reduction to a 40' ri[iht-of-way was approved since the
buildin[i at the southwest corner of the site would encroach into the ri[iht-of-way, if 50'
were dedicated, lhe .10' dedication was previously required with the SAD approval of
January 23, .1[i[i6, however the ri[iht-of-way deed was not provided.
By motion, accept the .10' ri[iht-of-way deed for Old Dixie Hi[ihway associated with the
Delray Kawasaki Dealership.
Attachments:
o Location Map, Reduced Site Plan, and Ri[iht-of-Way Deed.
[~[CARtE
TENNIS
COUR TS
A QUA CREST
POOL ~\G tanCer~ne wAY
CANARY WALK
FOOTBALL
FIELD
I-
N.~ 22Ng LAN6
J
AU SOLEIL
BOR TON
VOL VO
N.E. 22ND ~ STR.
N.E. 21ST ST,
M.S.A. TRACT
DELRA Y
SWAP SHOP
N.E. 20TH ST.
PLUMOSA
ELEMENTARY KOKOMO
SCHOOL
E. 17TH
l ROYAL PALM 0L~, M.S.A. TRACT
N.E. 16TH ST.
AVE.
N.E. 15TH ST. ~
LAKE AVENUE N.
--
..e. ,~m st. (~AKE AVE.)
n.E. 14TH S'f.
LAKE AVENUE S.
N.E. 15TH ST.
N DELRAY ]
~ KAWASAKI DEALERSHIP
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
---- D/G/i-AL ~SE MAP SYSTEM -- MAP REF: LM272
Prepared By:
Louis J. Carbone, Esq.
Law Offices of Louis J. Carbone, P.A.
701 SE 6~' Avenue
Delray Beach, Florida 33483
Record and Return to:
City of Delray Beach
100 N.W. 1~ Avenue
Delmy Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this ~c~ day of February, 1999, between DEE CAR
REALTY, LTD., a Florida Limited Partnership, having an address at 701 S.E. 6t~ Avenue
Suite 201 Delray Beach, Florida 33483, as party of the first part and THE CITY OF
DELRAY BEACH, a municipal corporation existing under the laws of the State of Florida,
100 N.W. 1st Avenue Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the sum of One Dollar ($1.00)
and other valuable considerations paid, receipt of which is hereby acknowledged, does hereby
grant, remise, release, quit claim and convey unto the party of the second part, its successors
and assigns, all right, title, interest, claim and demand which the party of the first part has in
and to the following-described land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
SEE EXHIBIT"A" ATTAHCED HERETO AND MADE A PART HEREOF
THIS Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public
highway or street purposes; and is made, executed, and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a
public highway or street, the title to same shall thereupon revert to and revest in the party of
the fu-st part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. That the party of the first part agrees to provide for the release of any
and all mortgages or liens encumbering this right-of-way. The party of the first part also
agrees to erect no building or effect any other kind of construction or improvements upon the
above-described property except for landscaping as permitted by the party of the second part.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it,
that it has good right and lawful authority to grant the above-described right-of-way and that
the same is unencumbered. Where the context of this Right-of-way Deed
Allows or permits, the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate,
right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity
to the only proper use, benefit, and behalf of the said party of the second part, its successors
and assigns.
IN WITNESS WIIEREOF, said party of the first part has hereunto set its hand and
seal the date first above written.
Signed, sealed, and delivered PARTY OF THE FIRST PART
in the presence of:
DEE CAR REALTY, LTD.
By: Dee Car Realty, Inc
its ~
PAT CARBONE, President
(Print or Type Name)
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PLAM BEACH
The foregoing instrument was acknowledged before me this~eC[' day of February 1999 by
PAT CARBONE, President of Dee Car Realty, Inc., General Partner of D~e Car Realty, Ltd., a
Florida limited partnership on behalf of the partnership. He is personally known to me or ~ttas-pmdU-'~d
i~n ~ (type of identification) as identification and (did~did
not) take an oath. '
I [ ,,:.~q.,'~,. - - -~lCOl.~ I~" - 5[ ~ignature of Notary Pu--b- ~c-St,x~ of Florida
E'A~~'' ~rn~ n0~t ~s~ ~ Il Print, Type, or Stamp name of Notary Public
'EXHIBIT A ~--
The West 10 Feet of the following described property
situate, lying and being in the County of P&lm Beach
State of Florida, to-wit:
Begin at the intersection of the North. line of Lo. t 38 of Model Land Co. Subdivision
of Section 9, Township 46 South, Range 43 East, and the East fight-of-way line of
Old Dixie Highway, said point of intersection being 30 feet Easterly, measured at fight
angles, from the East 50 foot fight-of-way line ofthe Florida East Coast Railroad,
being the Po]/qT OF BEGIlqN]AIG; flaence Southerly along the East fight-of-way line
of Old Dixie Highway, a di~ance of 326.61 feet; thence in an Easterly direction and
parallel to the South line of Lot 38,'a distance o.f231.05 feet, more or less, to the
West right-of-way line of U.S. Highway #1 (State Road #5), thence in a Northerly
direction, along said West fight-of-way line; a distance of 327.16 feet, more or less,
to the said North line'ofLot 38, thence in a Westerly dkeetion along the North line'
of said Lot 38, a distance of 231.20 feet, more or less, to the Point of Beginning, said
Tract being in Palm Beach County, Florida.
Parcel Identification Number: 12-43-46-09-39-038-0020 and 12-43-46-09-39-038-0030'
[ITY OF I)ELRRY BE;I£H
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Al[America City MEMORANDUM
~ 99~ TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Landscape Maintenance and Hold Harmless Agreements for the Apple
Professional Center
At the January 20, 1999 SPRAB meeting, the board approved the site plan modification
for the Apple Professional Center allowing landscaping and parking in the public right-
of-way contingent upon the owner executing the applicable agreements. Those
agreements are the Landscape Maintenance Agreement and a Hold Harmless Agreement.
This was allowed due to the existing configuration of the site and the limited parking
area available to the owner.
The Landscape Maintenance Agreement provides that the property owner shall install
and maintain landscaping, in the areas shown on the attached backup, in a manner
consistent with City ordinances. The Hold Harmless Agreement provides that the Owner
will hold the City harmless for the landscaping and parking improvements placed in the
right-of-way by the Owner.
By copy of this memorandum to David Harden, City Manager, our office requests that
this item be placed on the February 16, 1999 City Commission agenda.
Please call if you have any questions.
Attachments
cc: David Harden, City Manager v/
Alison MacGregor Harty, City Clerk
Michelle Falasz, Assistant Planner
rlTY OF I)ELAIIY BEACH
DELRAY BEACH
o n i o a
100 N.W. AVENUE · DELRAY FLORIDA · 243-7000
1st
BEACH,
33444
(561)
AII-AmericaCity
1993
TO: Brian Shutt, Assistant City Attorney
FROM: Michelle E. Falasz, Assistant Planner ~
DATE: February 9, 1999
RE: Apple Professional Center Description
I have included a description of the project, which is affected by the landscape maintenance
agreement, and hold harmless agreement.
The following is a list of changes, which correlate to the attached site plan:
A. The parking area on the north side of the property, adjacent to NE 3rd Street, is existing.
The proposal includes the re-paving and re-striping of this parking ~.rea. This parking
area is partially in the NE 3rd Street fight-of-way.
B. Two additional parking spaces are being added on the north side of the property. The
area where the parking spaces are to be added is currently a drive aisle. The deletion of
this drive aisle allows for additional required parking spaces.
C. The addition of landscaping on the north side of the property include a landscape island
with the addition of three Robellini Palm trees and a landscape buffer between the two
new parking spaces and the NE 3rd Street right-of-way.
There is parking and landscaping located in the NE 3ra Street fight-of-way therefore, a landscape
maintenance agreement and hold harmless agreement must be executed.
If you have any questions please contact me. :
Michelle
THE EFFORT ALWAYS MATTERS
Iii I.: i11~ Ih ii
i
A"q'-]-tV [DNIJ. SIX-4' I~m.,~l ,~; I
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this ~D day of ,~RaeR£?' , 199~by and
between the City of Delray Beach, Florida ("City") and Apple. Holdings eorp,
("Owner").
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance and provide
parking for the Owner's customers the Owner shall be allowed to install landscaping material
in' the right-of-way of NE 3rd Street pursuant to fl~e. terms of this
Agreement; and,
WI-IEREAS, this Agreement shall in no way be deemed an actual, Cgnstructive or any
other type of abandonment by the City of the public right-of-way of NE 3 r d S t r e e
and,
WHEREAS. the City reserves the right at any time to utilize the right-of-way for right-
of-way purposes; and,
WHEREAS, the public will benefit from the beautification of areas along its streets by
the addition of landscaping; and,
WI-IEREAS, this Agreement is not effective unless the Owner has s'abmitted a
landscape plan and it has been approy .ed by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreemem designating and setting forth the responsibilities of each party..
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions eomained in this Agreement, and other good and valuable
consideration, the receipt and sufticiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. The Parties hereby represent and warrant that the above recitals are accurate
and correct and hereby incorporate them 'in this Agreement.
2. The Owner shall perform all conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping. The subject property, further described in Exttibit "A", shall
have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by
reference.
3. The Owner shall be responsible for purchasing and instal!.ing all plant, tree,
hedge or grass material or any other material as required by the Owner's al:proved landscaping
plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance wi~ ~he City's ordinances and ~he terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper
fertilization of all plants and keeping them as free as practicable from disease and harmful
insects; to properly mulch the plant beds; to keep the premises tYee of weeds; to mow and/or
cut the grass to a prope3 height; to properly prune all plants which incIudes (1) removing dead
or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for
those using the roadway. To maintain also means removing or replachag dead or diseased
plants in their entirety, or removing or replacing those that fall below original project
2
s~andarfls. All plants removed for whatever reason shall be replaced by plants of the same
grade, not necessarily the same plant but of acceptable quality to the City a. nd the Owner, as
specified in the original plans and specifications and of a size comparable to. those existing at
the time of replacement. To maintain also means to keep litter removed fromm the landscaped
areas in the right-of-way. Plants shall be those items which would be sciemif'~cally classified
as plants and include but are not limited to trees, grass, or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come
to the attention of the City that the landscaping is not properly mair~tained pursuant to the
terms and conditions of this Agreement then the City may at its option issue a written notice
that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter,
the Owner shall have a period of thirty calendar clays witl~in which to correct the cited
det-~ciencies. If said deficiencies are not corrected within this time period;,the City may at its
option, proceed as follows:
(a) Mainfain the landscaping or part thereof, and invoice the Owner for expenses incurred.
Co) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping installed
in the right-of-way by the Owner.
7. It' for any reason the City decides that it needs the right-of-way of
NE 3rd St;reef; or for any other public purpose this Agreement shall
terminate, and the Owner shall be reqaired to comply with the City's current Code of
Ordinances regarding landscape requirements.
8. The Owner shall inderanify and hold harmless the City, its officers and
employees from all suits, actions, claims and liability arising solely out of the Owner's
installation and maintenance of landscaping in the City's right-ot:-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect
to the subject matter of it. All prior nnderstandings and agreements between the parties with
respect to such matters are merged into this Agreement, which alone f~ly and completely
expresses their understanding.
10. This Agreement may not be assigned or transferred by the Owner, in whole or
part without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs,
successors, legal representatives, and permitted assigns and shall be recorded in the Public
Records of Palm Beach County and shall run with the land.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused tiffs Agreement to be duly
executed on their behalf this ~ day of ..... 199_.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin
Mayor
Approved as to legal form
and sufficiency:
~-~City Attorney
WITNESSES: (OWNER)
~Print or TyPe Name) ~
(l~int or Type Name) --"
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ,~r~ day of
Notary Public /,.
BEVERLY M. KRUEGER
My Corem Exp. 611612001
Bonded 8y 5e~tce Ins
t-~,~'::y ~ I Iob,,,.o. (Print or Type Name)
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires: Lo
5
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT, is entered into this ~RD day of
FEBRUARY 1999 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") and APPLE HOLDINGS CORPORATION (Hereinafter referred to as
"OWNER").
WITNES SETH:
WHEREAS, OWNER owns property located at 298 NE 21~d AVENUE Delray
Beach, Florida, and has requested CITY to allow for the installation of landscaping and parking
along the north property line in the public right-of-way; and '~'
WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be
caused to the parking and landscaping as a result of maintenance within the public right-of-way.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. OWNER is the owner of property legally described as follows:
LOT24, BLOCK 74, .4 SUBDIVISION OF BLOCK 74, DELRAY, FLORID.4, PL.4T BOOK 11, P.4GE 12,
PUBLIC RECORDS OF P.4LM BF-.4CH COUNTY, FLORID.4.
3. That OWNER is developing the property and plans to install parking and
landscaping on the property pursuant to the City of Deiray Beach Land Development Regulations.
4. OWNER acknowledges that the CITY shall assume no responsibility 'for the
structures, improvements, materials, appurtenances or landscaping which OWNER places
within the public right-of-way.
5. OWNER, in consideration of the payment of Ten D6llars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the
CITY, its agents, officers, employees and servants from any and all claims, suits, causes
of action or any claim whatsoever made, and damages, which may result from maintenance
of the existing public right-of-way. OWNER further agrees to hold the CITY, its agems,
officers, employees and servants harmless for any damage to the improvements OWNER
places 'within the easement. It is understood that any cost for replacement of landscaping
or repairs to the improvements shall be the OWNER'S responsibility, and the CITY will
not be held liable tbr any damage as a part of thc maintenance or cons~ru, ction within the
said public right-of-way.
6. All notice required or allowed by this Agreement shall be delivered in person
or mailed to the party at the following address:
CITY: City Engineer
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
OWNER: Apple Holdings Corp.
298 NE 2nd Avenue
Delra¥ Beach, FL 33444
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the
day and year first written above.
2
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
j~,~,City Attorney
OWNER
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
~'.c/~F/~.~'~ , 199_~ by ~Ob~ ~ 10 IK ~ (name of officer or agent, title of
officer or agent) of _/~. L~l,e-- ~n/~(c~,~ ~"p~,~ (name of corporation
acknowledging), a. ~[.trZJ'da.. .. (state or place of incorporation) corporation, on behalf
of the corporation. (~She ~ personally known .to m~ or has produced
(type of identification) as identification and did (did no0 take
an oath.
Signature of Notary Public~
State of Florida
I~EVERLY M. KRU£GER
My Comm Exp. 6116/2001
Bonded By Service Ins
No. CC656083
,[,,l'~ersonally ~ ( ) 0~, I.D.
I:ITY OF DELAI:IY BEI:II:H
CITY ATTORNEY'S OFFICE ~°° ~ '~" ^~' ~"~"~^~"' ~°~'~^ ~""
TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
'III1~ DATE: February 12, 1999
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Block 77 Temporary Right of Entry and License Agreement
The above agreement provides that the Block 77 Developer may enter on the land to
perform due diligence and testing on property owned by the City and the CRA.
By copy of this agreement to David Harden, City Manager, our office requests that this
agreement be placed on the February 16, 1999 agenda for approval.
Attachment
cc: David Harden, City Manager
Alison Harty, City Clerk
Robert Federspiel, Esq.
Chris Brown, Director, CRA
Mitch Kirschner, Esq.
block 77.sar
TEMPORARY RIGHT OF ENTRY AND LICENSE AGREEMENT
TO PERFORM TESTING AND DUE DILIGENCE
THIS AGREEMENT entered into this ~ day of , 19 ,
by and between, the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY) and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY (hereinafter referred to as CRA) (and collectively
referred to as OWNERS) and BLOCK 77 DEVELOPMENT GROUP, L.C.
(hereinafter referred to as BUYER)), provides as follows:
WHEREAS, the BUYER and the CRA are currently negotiating a contract for
the Sale, Transfer and Purchase of certain property; and,
WHEREAS, the BUYER desires to perform certain due diligence and tests
associated with the purchase of the property currently owned by the CRA and the CITY;
and,
WHEREAS, this Grant of a Temporary Right of Entry and License Agreement is
necessary to timely accomplish the Sale and Transfer of Property and the redevelopment
thereof; and,
WHEREAS, the testing and due diligence to be performed by BUYER, its
etnployees, and agents including independent engineers and due diligence professionals
of BUYER'S selection includes, but is not limited to, due diligence undertakings and
tests to deter:nine the availability of utility services; soil conditions; the accessibility of
the property fi'em publicly dedicated roadways; fill and drainage requirements necessary
to develop the property; availability of curb-cuts and median cuts for roadways adjacent
to the Property; the amount of useable acres on the Property for building, landscaping and
parking; the environmental and physical condition of the property, and such other matters
that BUYER shall elect; and,
WHEREAS, in order to complete said due diligence and testing, it is necessary
for the BUYER to enter upon on the following described property:
See Attached Exhibit "A"
WHEREAS, the BUYER will return any disturbed area(s) to the same or like
condition that existed prior to the due diligence and testing.
NOW, THEREFORE, in consideration of the promises and covenants herein
provided, OWNERS hereby grant unto the BUYER, their employees, agents,
contractors, and sub-contractors, the license and the right to enter upon said land of
OWNERS for the purpose of due diligence and testing, pursuant to the terms of this
Agreement.
i. The above-stated recitals are incorporated herein as if fully set forth
herein.
2. It is further agreed that the license and rights granted herein shall cease on
the earlier of thirty (30) days after the approval of the contract for sale and purchase by
the CRA and BUYER or no later than June 1, 1999.
3. BUYER, its employees, agents, contractors and subcontractors shall
indemnify and hold harmless and defend the CRA and the CITY from and against any
and all damage, loss, of whatever kind that occurs to the property or any person as a
result of the testing and due diligence, right of entry and access afforded by this
Temporary Ri~t of Entry and License Agreement, including, but not limited to
reasonable attorney's fees and costs at the trial and appellate levels.
4. BUYER shall maintain worker's colnpensation insurance in amounts
required by law and general liability insurance in the amount of two million dollars
governing bodily injury and property damage in standard form, insuring BUYER, and the
CITY and the CRA as additional named insureds. This insurance shall not be cancelled
until the expiration of this Temporary Right of Entry and License Agreement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall
be goverued by the Laws of Florida, with venue in Palm Beach County, Florida.
6. This Agreement constitutes the entire agreement and understanding of the
parties, as it pertains to access, entry and right to perforln due diligence and testing:
provided, however, that the testing and due diligence provisions of the contract tbr Sale
and Purchase shall also be incorporated herein and in the event of an express contlict, the
Contract for Sale and Purchase shall control. The date of June 1, 1999 to complete all
due diligence and testing, however, shall not be deemed by the parties to be an express
conflict. There are no representations or understandings of any kind not set forth herein.
Any mnendments to this Agreement nmst be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the day and year first above written.
OWNERS:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
WITNESSES:., COMMUNITY REDEVELOPMENT
AGENCY
By:
Name:
(Name Printed or Typed)
(Nmne Printed or Typed)
STATE OF
COUNTY OF
Fhe foregoing instrument was acknowledged before me this __ day of
199 , by , as
(name of officer or agent, title of officer or agent), of
(name of corporation aclmowledging), a
3
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to tne or has produced
(type of identificatiou) as identification.
Signature of Notary Public
BUYER:
WITNESSES: BLOCK 77 DEVELOPMENT GROUP L.C.
By:
Name:
(Name Printed or Typed) Title:
(Name Printed or Typed)
STA'FE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
199__, by ., as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY ~h.NAGER~
SUBJECT: AGENDA ITEM ~
- REGULAR MEETING OF FEBRUARY 16, 1999
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/REGIONAL
HAZARDOUS MATERIALS RESPONSE TEAM
DATE: FEBRUARY 12, 1999
Attached is a proposed interlocal agreement with Palm Beach County
for funding of hazardous materials emergency response services
provided by the City of Delray Beach.
The Solid Waste Authority has agreed to provide funding to the
County for hazardous materials services, including emergency
responses and mitigation in both the incorporated and
unincorporated areas of Palm Beach County. The County, in turn,
agrees to distribute the funds provided by the SWA to the regional
response teams.
For the City of Delray Beach, the agreement provides $150,000
annually in exchange for the City to provide hazardous materials
response within Zone 4 and backup response to the three other
zones in Palm Beach County. Zone 4 consists of city service areas
including Boca Raton, Boynton Beach, Briny Breezes, Delray Beach,
Village of Golf, Gulfstream, Highland Beach and Ocean Ridge.
The interlocal agreement has been reviewed by the City Attorney.
Recommend approval of the Interlocal Agreement for Funding of
Hazardous Materials Emergency Response Services by and between
Palm Beach County and the City of Delray Beach.
ref:agmemol6
Agenda Item. No.:
AGENDA REQUEST
Date
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When:
Description of item (who, what, where, how much): "ApprOval of In~erlocal
A~reement for ReKional Hazardous Mateials Response Team with Palm Beach
County.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of Agreement. This will
provide revenue of $150,000. per year to respond to Zone 4 and act as
backup to other three zones in the county for HazMat response.
(Example: Recommend approval with funding from Special Events Account
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
%pprovedHold Until: for agenda: ~/ NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
[lTV OF DELRI:IV BEI:IgH
FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
Ali. America City
1993 MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: FEBRUARY 12, 1999
SUBJECT: INTERLOCAL AGREEMENT FOR REGIONAL
HAZARDOUS MATERIALS RESPONSE TEAM
I am submitting an Interlocal Agreement from Palm Beach County for the
Regional Hazardous Material Response Team services for Commission approval.
The agreement provides $150,000. annual revenue to the City for hazardous
materials response to Zone 4 and backup response to the three other zones in Palm
Beach County.
Susan Ruby, City Attorney has reviewed the document. Upon City
Commission approval the agreement will be submitted to the County Commission.
Fire Chief
F!!:-,'E Di:~'-'x~RTB,*I:.-N ;- t-~EADQUARTERS ',, 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
'5(:-' ! ', 24.?, ?,~.00 o SUhlGOM 928-7400 · FAX (561) 243-7461
[ITY OF DELRFlY BEFI[H
FIRE DEPARTMENT
DELRAY BEACH
Ali. America City
~993 MEMORANDUM
.~/~' SUSAN RUBY, CITY ATTORNEY
: ROBERT B. REHR, FIRE CHIEF
DATE: JANUARY 12, 1999
SUBJECT: INTERLOCAL AGREEMENT FOR FUNDING
HAZARDOUS MATERIALS
EMERGENCY RESPONSE SERVICE
Please review the proposed agreement between Palm Beach County and
Delray Beach on pages 1 - 9.
Thank you for your assistance.
Ro~. R~hr
Fire Chief
RBR/mmh ~ ~---
FIRE DE ?/X, BTk,~[ BIT HEADQUARTERS · 501 WEST ATL_ANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
c?~ o -,.,r ~,JNCOM 928-7400 · FAX 407/243-7461
4,)~/,~.4~., ~30 · q~
Fire Rescue
Chief Herman W. Brice
50 S. Military Trail, Suite 10l
December 22, 1998
West Palm Beach, FL 33415-3198
(561) 233-0oI0
www. co.palm-beach.fl.us
Robert Rehr, Fire Chief
501 West Atlantic Avenue
· Delray Beach, Florida 33444
Dear Mr. Rehr:
Palm Beach County
B~a~4ofCounty Attached is a draft copy of the proposed interlocal
Commissioner~ agreement between City of Delray Beach and Palm
Beach County for regional hazardous materials
Maude Ford Lee. Chair response for your review and comment.
Warren H. Newell, Vice Chairman
The approval process will be to submit a final
Karen T Marcus version of the Agreement to your council for
carol A. R0be~s approval and then to the Board of County
Commi s s i oners.
Mary McCarty
Sincerely,
Burt Aaronson
Tony Masilotti
Steve Delai, Battalion Chief - Fiscal & Planning
Palm Beach County Fire Rescue
county Administrator
Robert Weisman
'An Equal Opportunity
Affi'rmat~ve Action Employer
~ printed on recycled paper
INTERLOCAL AGREEMENT FOR FUNDING OF HAZARDOUS MATERIALS
EMERGENCY RESPONSE SERVICES BY AND BETWEEN
PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH
THIS INTERLOCAL AGREEMENT is made and entered into this
day of , 199~, to be effective October 1, 19~, by and
between PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter the ~County" and the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter the "City."
WHEREAS, Section 163.01, Florida Statutes, known as the
"Florida Interlocal Cooperation Act of 1969," authorizes local
governments to make the most efficient use of their power by
enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities
that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities;
and
WHEREAS, Chapter 252, Florida Statutes, authorizes the Board
of County Commissioners of Palm Beach County to provide and
maintain for the safety of citizens from hazardous chemical
emergencies; and
WHEREAS, Palm Beach County Ordinance 98-13 establishes
Regional Hazardous Materials Response Teams to provide response,
investigation and mitigation of releases of hazardous substances;
and
WHEREAS, Ordinance 98-13 provides for hazardous materials
response teams to be from the county and/or municipalities; and
WHEREAS, the Solid Waste Authority ("SWA")has agreed to provide
funding to the County for hazardous materials services, including
emergency responses and mitigation in both the incorporated and
unincorporated areas of Palm Beach County.
WHEREAS, the County agrees to distribute the funds provided by
the SWA to the regional hazardous materials response teams for the
provision of emergency response services.
NOW, THEREFORE, the County and the City, in consideration of
the items and conditions set forth herein and the benefits flowing
from each to the other, do hereby agree as follows:
SECTION 1. INCORPORATION OF FACT:
The facts set forth above in the preamble to this agreement
are true and correct.
SECTION 2. ,pURPOSE:
The purpose of this agreement is to establish the parties'
rights and obligations regarding the provision of hazardous
materials emergency response services by the City within the
incorporated and unincorporated areas of Palm Beach County and the
funding for such services.
SECTION 3. REPRESENTATIVE AND CONTRACT MONITOR:
Palm Beach County's representative and contract monitor during
the performance of this Agreement will be the Deputy Chief of
Operations, whose telephone number is 561-233-0010. The City of
Delray Beach's representative and contract monitor during the
performance of this Agreement will be the Fire Chief, whose
telephone number is 561-243-7400.
SECTION 4. ADMINISTRATION:
The Regional Hazardous Materials Oversight Committee, as.
established by County Ordinance 98-13, shall oversee and monitor
2
the Response Teams' performance of the services provided for in
this Agreement.
SECTION 5. SERVICES TO BE PROVIDED:
The City shall provide within Zone 4, as identified in the
Palm Beach County Regional Hazardous Materials Response Teams
(PBCRHMRT) Standard Operating Procedures (attachment 1), hazardous
materials emergency response and mitigation services, when
necessary or requested by a responsible county or municipal public
safety agency pursusnt to thc PBCRHMRT Standard Operating
Procedures. The City will also provide backup response to the
remaining three zones whe~ requested pursuant to the PBCRI{MRT
Standard Operating Procedures.
SECT~O~ 6. CITY'S RESPONSIBILITY:
The City aarees to assure sufficient staffing, ~pparatu~.~Dd
equiDment to Dro~±u~ req~onal hazardous.materia!~.~spons~ services
to, and mitigation of, ail hazardous materials emergencies in Zone
4. Further more, the City agrees that, upon request, they shall
serve any incorporated or unincorporated areas within Palm Beach
County as authorized by PBC Ordinance 98-13.when necessary. The
City agrees to comply with all guidelines and procedures identified
in the PBCRHMRT Standard Operating Procedures, which may be
updated/revised from time to time by the Regional Hazardous
Materials Oversight Committee. All costs associated with
maintaining the regional hazardous materials response team shall be
borne by the City.
The City agrees to provide access to City emergency response
records for hazardous materials incidents, upon request, to the
County.
SECTION 7. COUNTY'S RESPONSIBILITIES: ~
A. Funding:
The County agrees to provide funding to the City in the amount
of $150,000 for fiscal year 1998/99.
3
B. Budget Approval:
Pursuant to Contract No. R98-1637D between the County and SWA,
a determination of the proper use and amount of funding to be
provided by SWA to the County in subsequent fiscal years shall be
made by the Board of County Commissioners after a recommendation by
the Regional Hazardous Materials Oversight Committee. The County
shall distribute to the City an amount equal to twelve and one half
percent (12.5%) of the funds received by the County from the Solid
Waste Authority under such contract.
C. Payments:
The County shall remit payment to the City in two equal
installments, payable on February 1, and May 1, of each fiscal year
covered by this agreement. The City shall provide an invoice to
the County no later than fifteen (15) days prior to each due date.
D. Other Revenue:
Both parties acknowledge that, pursuant to PBC Ordinance 98-
13, the County may invoice and collect revenues from those persons
and/or companies determined to have caused or be responsible for a
hazardous substance release. The County will provide this billing
service upon receipt of required documentation, as provided in
Regional Hazardous Materials Billing Procedures (attachment 2). In
accordance with these procedures and to the extent permitted by
Section 7.2, PBC Ordinance 98-13, regarding the exclusive use of
such revenues, the County will disburse funds collected within 60
days of receipt.
SECTION 8. EMPLOYEE FUNCTIONS:
No employee of either party to this Agreement shall perform
any function or service which is not within the employee's scope of
duties as defined or determined by his employer.
4
SECTION 9. EMPLOYEE CLAIMS, BENEFITS, ETC.:
No employee, officer, or agent of either party shall, in
connection with this Agreement or the performance of services and
functions hereunder, have a right or claim to any pension, workers'
compensation, unemployment compensation, civil service, or other
employee rights, privileges, or benefits granted by operation of
law or otherwise except through and against the entity by whom they
are employed. No employee of either party shall be deemed the
employee of the other, for any purpose, during the performance of
services hereunder.
SECTION 10. NO ASSUMPTION OF LIABILITy:
Neither party to this Agreement nor their respective officers
or employees shall be deemed to have assumed any liability for the
negligent or wrongful acts or omissions of the other or for any
third party. Further, nothing herein shall be construed as a
waiver of either party's sovereign immunity or the assumption of
liability in excess of that allowed under Section 768.28, Florida
Statutes.
SECTION 11. LIABILITY:
Ail the privileges and immunities from liability, exemptions
from law, ordinance and rules, and all pensions and relief,
disability, workers' compensation and other benefits which apply to
the activity of the officers or employees of either party when
performing their respective functions, within the territorial
limits for their respective agencies, shall apply to the same
degree and extent to the performance of such functions and duties
extraterritorially. Liability for injury to personnel, and/or for
loss or damage of equipment, shall be borne by the party employing
such personnel, and/or owning or possessing such equipment.
SECTION 12. TERMINATION AND RENEWAL:
The term of this Agreement shall be for five (5) years
commencing on October 1, 1998. After the initial five (5) year
term, this Agreement shall automatically renew for an additional
5
five (5) year period, without further action of the parties, unless
either party shall notify the other in writing of its intent not
to renew. This notification shall be provided at least sixty (60)
days prior to the expiration date. This agreement shall not be
terminated by either party, at any time during its term or any
renewal thereof, unless agreed to in writing ky both parties and
upon the recommendation of the Regional Hazardous Materials
Oversight Committee. Should the Hazardous Materials Oversight
Committee recommend termination of this agreement, it shall do so
in writing to both parties.
SECTION 13. ASSIGNMENT OF RIGHTS:
Neither party shall assign, delegate, convey or otherwise
transfer in whole or in part, its rights, duties,' or obligations as
set forth in this Agreement to any other entity without the prior
written consent of the other party.
SECTION 14. MODIFICATION AND AMENDMENTS:
The terms of this Agreement may not be amended, supplemented,
waived or otherwise altered without the written approval of the
Regional Hazardous Materials Oversight Committee and agreement by
both parties.
SECTION 15. ENTIRETY OF AGREEMENT:
This Agreement represents the entire understanding of the
parties and supersedes all other negotiations, representations, or
agreements, either written or oral, relating to this Agreement.
This agreement is separate and distinct from the Fire-Rescue
Interlocal Emergency Services Agreement for Governmental Agencies
in Palm Beach County and from the Mutual Assistance and Automatic
Aid agreement between the County and the City.
SECTION 16. EQUAL OPPORTUNITY:
· Each party represents that it will not practice discrimination
as it relates to the performance of this agreement on the basis of
6
race, sex, sexual orientation, color, religion, disability, age,
marital status, national origin or ancestry.
SECTION 17. ANNUAL APPROPRIATIONS:
The County's performance and obligation to pay under this
Agreement is contingent upon an annual budgetary appropriation by
the Board of County Commissioners for the purposes hereunder.
SECTION 18. SEVERABILITY:
In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent
jurisdiction, such holding shall not affect the remaining portions
of this Agreement and the same shall remain in full force and
effect.
SECTION 19. REMEDIES:
This agreement shall be construed by and governed by the laws
of the State of Florida. Any and all legal actions necessary to
enforce the Agreement will be held in Palm Beach County.
SECTION 20. RECORDS:
Each party shall maintain all records pertaining to the
services delivered under this Agreement, including, but not limited
to, all accounts, financial records, research and emergency
response records, in accordance with Florida Law.
SECTION 21. JOINT PREPARATION:
The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely or as a
matter of judicial constraint, be construed more severely against
one of the parties than the other.
SECTION 22. NOTICE OF SUITS:
Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it which relates, in
7
any manner, to the services provided by the other party pursuant to
this Agreement. Each party will cooperate with the other in the
defense of any suit or action arising out of, or relating to, the
services rendered under this agreement.
SECTION 23. NOTICES:
Ail notices required to be given under this Agreement shall be
in writing, and sent by certified mail, return receipt requested,
to the following:
To the County: To the City:
Fire Rescue Administrator Fire Chief
50 S. Military Trail, Suite ~01 501 W. Atlantic Avenue
West Palm Beach, FL 33415 Delray Beach, FL 33444
Each party may change its address upon written notice to the other.
SECTION 24. CAPTIONS:
The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
SECTION 25. ENFORCEME~T COSTS:
Any costs or expenses, including reasonable attorneys' fees,
associated with the enforcement of the terms and/or conditions of
this Agreement shall be borne by the respective parties.
SECTION 26. FILING: ~
A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
IN WITNESS W~EREOF, the undersigned parties have caused these
presents to be signed by their duly authorized officers on the day
and year first written above.
ATTEST: CITY OF DELRAY BEACH
By: By:
Alison MacGregor Harry Jay Alperen, Mayor
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY (SEAL)
By:
City Attorney
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Dorothy H. Wilken
By: By:
Deputy Clerk Maude Ford Lee, Chair
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Sharon Burrows
Assistant County Attorney
Y: \USER\ JWILSON\HAZMAT\DELRAY. WPD 9
PBCRHMRT Standard Operating Guideline I of 52
Version 1.0 09/08/98
Palm Beach County
Regional Hazardous Material ResPonse Teams
Standard Operating Procedures
September 8, 1998
PLEASE REMOVE ALL PREVIOUS COPIES DATED PRIOR TO SEPTEMBER
7, 1998.
PBCRHMRT Standard Operating Guideline 2of 52
Version 1.0 09/08/98
ARTICLE i. EMER~3ENCY RESPONSE PLAN ...................................................
Section 1.01 Emergency Response Plan ........................ ~. ............. i ....................................................... 5
(a) Purpose: ...................................................................................................................................... 5
(b) Objective: ............................................................................................................. .. ...................... 5
(c) Intent: .......................................................................................................................................... 5
- (d) Authority: .......... ; ......................................................................................................................... 5
(e) Definition: ................................................................................................................................... 6
(f) Roles and Responsibilities: ......................................................................................................... 6
(g) Planning Periods and Extended Operations: ............................................................................... 7
(h) Notification: .............................................................................................................................. 8
(i) Levels of ~sponse: ............ Z..~ ....................................................................................................... 8
O) Support Responders: ..................................................................................................................... I 0
(k) Chain of Command: .................................................................................................................. 10
(I) News Medi~Press: ....................................................................................................................... I I
(m) Training: ....... ~. .......................................................................................................................... I!
(n) Review and Evaluation: ............................................................................................................ I I
ARTIGLE II.PALM BEACH GOUN~ REGIONAL HA~RDOUS MATERIALS
RESPONSE TEAM STANDARD OPE~TING GUIDELINES .......................... ~ 3
Section 2.01 INITIAL RESPONSE ..................................................................................................... 13
(a) General: .................................................................................................................................... 13
(b) - Actions: ........................ : ....................................................... ~ ........................... ~ ........................ 13
(c) Scene Management: .......................... .......................................................... ~.~ .................... ~ .... 14
(d) PB~R~ RT Interface: ................................................ ~ ......................................................... 15
Section 2.02 -NOTIFICATION & DISPATCHING STANDARD OPERATING GUIDELINES. 16
(a) PURPOSE: ........................................................................................................... ~ .................... 16
(b) POLICY: .................................................................................................................. : ................ i 6
Section 2.03 - MEDICAL PROGR-AM .......................... : ..................................................................... 19
(a) Medical Surveillance Prog~m .................................................................................................. 19
(b) Pre and Post Ent~ Evaluations: ............ z .................................................................................. 20
(i) -Staffing .................................... Z ................................................................ : .............................. 20
(ii) Pre ent~ evaluation .............................................................................................................. 20
(iii) ~ost Ent~ Evaluatio~ ................................................................................................. : ....... 20
(c) Toxicological Drag Boxes ........................................................................................
Section 2.04 incident Management ............................................................................... : .................... 22
(a) Genera[: ........................................................................ ~.: ......................................................... 22
(b) Incident Command System: ...................................................................................................... 22
(c) ICS- PBC~MRT Interface .... z ....................................................................... :. .......... : ...... ~.22
(d) H~rdous Materials ICS Module: ............................................................................................ 23
- (i) Ha~rdous Materi~s Group Supe~isor ................................................................. Z ...... : .......... 23
(ii) Ent~ Team Leader ............................................................................................... z .............. 24
(iii) Decontamination Te~ Leader ............. z .............................................................................. 24
(iv) Site Access Control Leader ................................................................................................... 25
(v) Safe Refuge Area M~ager ................................................................................................... 25
(vi) Technical Specialis~H~rdous Materials ............................. ~ .............................................. 26
(vii) Assistant Safety Officer/H~dous Materials (HMSO) ....................................................... 26
Section 2.05 Establishing Work Zones ................ ~ .............. ~2 .............................................................. 28
PBCRHMRT Standard Operating Guideline 3of 52
Version i.0 09/08/98
(a) GENERAL ................................................................. .". ............................................................. 28
(b) PURPOSE ................................................................................................................................. 28
ti) Hot Zone ................................................................................................................................... 28
(ii) Warm Zone or Conta,nination Reduction Zone ......... 2 ......................................................... 29
(iii) Cold Zone ............................................................................................................................. 29
Section 2.06 Identification and Confirmation .................................................................................... 3 !
(a) GENERAL ................................................................................................................................ 3 I
(b) POLICY .................................................................................................................................... 31
Section 2.07 DECONTAMINATION ................................................................................................. 33
(a) GENERAL ................................................................................................................................ 33
(b) POLICY .................................................................................................................................... 33
Section 2.08 MONITORING PROTOCOLS AND PROCEDURES ............................................... 36
(a) GENERAL ................................................................................................................................ 36
(b) POLICY .................................................................................................................................... 36
ti) Regulatory. Compliance ............................................................................................................ 36
(ii) Record keeping ..................................................................................................................... 36
(iii) Initial Entry.: ......................................................................................................................... 36
(iv) Monitoring tbr Unknowns .................................................................................................... 37
tv) Monitoring suspected/known products ................................................................................. 37
(vi) Sampling Protocol ................................................................................................................ 37
(vii) Exposure limits and action levels ......................................................................................... 38
I) Combustible Gas Indicator ................................................................................................... 38
2) Oxygen concentration ........................................................................................................... 38
3) Radiation survey ................................................................................................................... 38
4) Toxicity ........ ~ .......................... : ............................................................................................. 38
Section 2.09 PERSONAL PROTECTIVE EQUIPMENT PROGRAM .......................................... 39
(a) Chemical Protective Clothing (CPC) ........................................................................................ 39
ti) Level 'A'. ................................................................................................................................... 39
(ii) Level 'B'. ............................................................................................................................... 40
(iii) Level 'C'. ............................................................................................................................... 40
(iv) Level 'D'. ............................................................................................................................... 4 I
tv) Maintenance. Use. Storage and Testing ................................................................................ 4 I
(b) Respiratory Protective Equipment ....... .. .................................................................................... 42
ti) Self-contained Breathing Apparatus tSCBA) ........................................................................... 42
(ii) Supplied Air Breathing Apparatus tSAR) ............................................................................ 42
(iii) Air-purifying Respirators (APR) ........ . ................................................................................. 42
Section 2.10 PREHABILITATION and Rehabilitation ............. ~ ................................. : .................... 44
(a) POLICY .................................................................................................................................... 44
ti) Incident Command Considerations ........................................................................................... 44
SectiOn 2.11 Entry Tean~ Briefings ..................................................................................................... 46
(a) POLICY .................................................................................................................................... 46
(i) Entry Team ............................................................................................................................... 46
(ii) Back Up Team ...................................................................................................................... 46
(iii) Pre-Entry Briefing ................................................................................................................ 46
Section 2.12 PRODUCT AND RECOVERY AND DISPOSAL. ...................................................... 47
(a) POLICY .................................................................................................................................... 47
PBCRHMRT Standard Operating Guideline 4of52
Version i.0 09/08/98
Section 2.13 POST INCIDENT GUIDELINES .................................................................................49
(a) POLICY .................................................................................................................................... 49
(i) Recovery ................................................................................................................................... 49
(ii) Termination .......................................................................................................................... 49
ACRONYMS ............................................................................................................................................... .'51
PBCRHMRT Standard Operating Guideline 5of 52
Version 1.0 09/08/98
Article I. EMERGENCY RESPONSE PLAN
SECTION 1.01 EMERGENCY RESPONSE PLAN
(a) Purpose:
The purpose of this plan is to provide the Palm Beach County Regional Hazardous
Materials Response Teams (PBCRHMRT) with a countywide organization to mitigate an
emergency involving hazardous materials within Palm Beach Co'.mty. (,For the purpose of
this document, the terms hazardous materials and hazardous substances are used
synonymously and intended to encompass any product or chemical as defined in
regulations or posing an unreasonable risk to life, property, or the environment.)
(b) Objective:
It is the objective of this plan to provide the PBCRHMRT personnel and managers as
~vell as other agencies with a standardized plan of action in the event of a hazardous
materials incident requiring the intervention and activation of the Palm Beach County
Regional Hazardous Materials Response System. It is directed to ensure proper and
professional actions by all involved agencies.
(c) Intent:
It is the intent ot' this plan to enhance existing systems and provide a consistent level of
hazardous materials response capability throughout Palm Beach County. This plan should
compliment existing plans and is not intended to supplant or usurp existing emergency
response plans of any agency. This plan is intended to comply with the minimum
requirement of 29 CFR 1910.120(q)(1) lbr the PBCRHMRT. This plan along with the
PBCRHMRT Standard Operating Guidelines (SOG's) and the Site Specific Safety Plan
are intended to comply with all the elements of 29 CFR 1910.120(q)(2). The responding
PBCRHMRT xvill develop a Site Specific Safety Plan as defined in the PBCRHMRT
SOG's on every, hazardous materials incident response.
(d) Authority:
Palm Beach County Ordinance 98-13, Known as the Palm Beach County Regional
Hazardous Materials Ordinance of 1998, Chapter 252, Florida State Statutes, 40 CFR
300, 40 CFR 310. The PBCRHMRT ~vill respond to ensure the health, safety, and welt.are
of residents of Palm Beach County at the request of the responsible agency within the
requesting jurisdiction. The PBCRHMRT will work within the requesting agency's
Incident Command System (ICS) to take or cause to take such actions as maybe
necessary to safely mitigate, remove or abate the effects of a hazardous materials release
or threat of release. The activation of the PBCRHMRT in no way releases the requesting
jurisdiction of it's role/responsibility in the mitigation of a hazardous materials release.
PBCRHMRT Standard Operating Guideline 6of 52
Version 1.0 09/08/98
(e) Definition:
A PBCRHMRT is an organized group of at least seven (7) hazardous materials
technician level trained response personnel, designated by the participating-organization,
- operating under an emergency response plan and Standard Operating Guidelines (S(5G's)
who are expected to perform work to handle and control or otherwise minimize or
eliminate the hazards to people, property, or the environment from an actual or potential
leak or spill of hazardous substances requiring possible close approach to the substance.
The minimum number of personnel that will respond as a team'for hazardous materials
incidents involving possible Immediately Dangerous To Life and Health (IDLIt)
environments is seve_n (7); two (2) Entry, two (2) Backup, one (1) Decontamination -
Supervisor, one (1) Haz-Mat Safety Officer, and one (1) Team Leader. It is recognized
that additional_qualified personnel may be needed to support this minimum number. _
PBCRHMRT will generally respond in a support function to other emergency responders,
but must be able to function autonomously. Hazardous Materials Response Teams are
located throughout the County to provide a reasonable response to the threat of, or an
actual hazardous materials incident.
All PBCRHMRT Members must be enrolled in a medical surveillance program
complying with 29 CFR 1910.120(0 and as further defined in the PBCRHMRT.SQG's.
All PBCRHMRT Member shall be able to function irt hriy role within the team with the
exception of the Team Leader.
(0 - Roles and Responsibilities:
The PBCRHMRT role in response to a hazardous mat'erials incident is one of
confinement and contaitunent, with inciden_t priorities of life safety, incident stabilization.
property conservation, and environmental protection. The jurisdiction, receiving services
from the PBCRHMRT will be responsive to the technical input and ensure person_nel
safety in dccordance/ with PBCRHMRT Standard Operating Guidelines (SOG's).
PBCRHMRT Leaders have the authority to terminate any strategy or tactic-considered
unsafe and notify the Incident Commander (IC) and the PBCRHMRT Coordinator. In the
absence of a functional ICS and IC, the PBCRHMRT will notify the requesting agency
and the coordinator, that the PBCRI-IMRT Leader is assuming IC and request additional
supervisory personnel. The PBCRHMRT will respond with personnel and_equip_ment as
defined in this document. The PBCRHMRT will be able to perform: -
- · Hazard and Risk A:sdessment
· Provide technical information and guidance to the on-scene Incident Commander
with _regard to actions relating to hazardous materials and incident safety.
· Levels of Personal Protective Equipment (PPE)
· Public protective action options
· Decontamination requirements
· Site safety recommendations
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· Resource considerations
· Control zones
· Monitoring requirements
· Emergency Phase Recovery and Termination
· Incident Documentation
· Hazardous Materials Control Guidelines to include, but not limited to:
Plug and patching containers
· Product transfer
· Over-pack drums and similar containers
· Flaring cf gases
· Direction of defensive actions
· Diking, confinement, and redirection of hazardous materials
· Neutralizati°n'Guidelines
· Venting Guidelines
· Vapor dispersion or suppression.
PBCRHMRT ~vill maintain written SOG's ~br the various tasks they may pertbrm.
PBCRHMRTs will have a written policy lbr response. PBCRHMRTs will maintain all
appropriate documents. All PBCRHMRTs will be capable of having the ability to
respond within five (5) minutes of request lrbr assistance.
Once the emergency has been stabilized and the threat to life sal~ty has been concluded,
the PBCRHMRT will r~lease the site to the responsible agency. The PBCRHMRT
assumes no responsibility in the cleanup of materials. Oversight of cleanup operations
will be handled by the appropriate agency unless there is a specific reason tbr the Team
to remain involved. The PBCRHMRT will not enter into contracts, or make commitments
to contractors for the cleanup of the incident site.
(9) Plannin9 Periods and Extended Operations:
The PB~RHI(4RT will utilize four-hour operational planning periods initially on all
hazardous materials incidents necessitating an entry mission. When the incident is
projected by a site assessment, to extend past a single entry mission, an additional Team
will be called. When the incident is projected to exceed four hours in duration, the Team
leader will notify the IC and Team Coordinator. The IC will ensure addition logistical
- needs are obtained as necessary, these may include but not limited to sanitary facilities,
food and liquids. The fou_r-hour planning period also allows for recall of off-duty
personnel as per Departmental Policies. Extended Operations is any hazardous materials
incident that exceeds two (2) four-(4) hour operational periods or necessitates more than
four entries. Extended operations mandates the need for rotating of personnel, thereby
needing additional personnel resources as well as establishing a logistics function to
ensure adequate availability of material resources. It would be prudent of the lC to
establish a finance function to track incident associated cost whenever extended
operations are encountered.
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(h) Notification:
The complaint-receiving agency ~vill notify the PBCRHMRT. In all cases the initial
response to a requesting agency will be one hazardous materials response team as defined
in this document in accordance with the PBCRHMRT Notification and Dispatching
Standard Operating Guideline. The requesting agency will cause to also respond one ALS
transport capable EMS vehicle with personnel trained to Hazardous Materials EMS Level
1 Responder for the purpose of medical surveillance and treatment of team members.
When the situation is identified as involving extremely hazardous substances, and an
Immediately Dangerous to Life and Health (IDLH) environment exist, the PBCRHMRT
~vill advise the IC of the need for a Toxicological Paramedic (Tox-Medic). Tox-Medic
shall mean any Paramedic trained to provide toxicological assistance in accordance with
PBCRHMRT SOG's. The requesting agency will also ensure that sufficient resources are
on-site to facilitate decontamination of team members. This usually includes tbur
hazardous materials operational level trained personnel as a minimum, pertbrming
decontamination under the direction of a team member. Palm Beach County Division of
Emergency Management will be notified of all responses of the PBCRHMRT and xvill
notify the Florida Division of Emergency Management State Warning Point.
Palm Beach County has been divided into geographical areas in order to provide
equitable services county~vide. Each geographical area is assigned a Regional Response
Team for primary response. The geographical areas associated with each zone are defined
in the Notification and Dispatch Guidelines of the PBCRHMRT.
(i) Levels of Response:
Palm Beach County will utilize a Uniform Classification for Categorizing Hazardous
Materials Incidents. The four categories below define the classifications.
I. Severity of Incident: MINOR - A spill, release, or potential release of a
known hazardous substance. No deaths, if injuries, minor in nature.
Extent of Incident: Limited' to initial area of involvement and unlikely that it xvill
spread. For example, a single structure or area of 300 feet or less.
Type of Material Involved: Identified hazardous substance that is not radioactive.
water reactive, or hypergolic. Generally a flammable or combustible liquid could
also include limited amounts of corrosives.
Amount of Material Involved: A limited amount of hazardous substance or small
container. Quantity would generally be less then 55 gallons.
Population Affected: Evacuation will be limited to the immediate area that can be
evacuated in a short period of time for a limited duration (evacuation duration not
to exceed 4 hours). A limited populace will be affected.
Resources: Local resources can handle, includes automatic mutual aid agreements
exclusive of the PBCRHMRT.
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II. Severity of Incident: MODERATE - A spill, release, or potential release of a
known or unknown hazardous substance. No deaths, if injuries, can be minor to
severe.
Extent of Incident: Limited: Release may not be controllable without special
resources. Limited to several blocks or buildings.
Type of Material Involved: Unknown hazardous substance or hazardous
substance that is toxic, reactive, flammable, radioactive, corrosive, or biological.
This type of material does not include intentional releases or suspected intentional
releases of biological, nuclear, incendiary, chemical or explosive substances or
devices.
Amount of Material Involved: An amount limited by the size of the container and
the release from it. For example: a small leak from a tanker that is controlled
would be a level II where a complete failure would be a Level III or IV.
Population Affected: Evacuation will be confined to a designated area that local
resources can achieve, extended sheltering is not re~luired.
Resources: Local response agencies may need assistance from outside resources.
Notification: Palm Beach County Division of Emergency Management
(PBCDEM), State Warning Point.
III. Severity of Incident: SEVERE - A spill, release, or potential release of a
hazardous substance with an associated fire, explosion, or toxic/corrosive cloud.
Injuries or deaths may have already occurred.
Extent of Incident: Large area may be impacted possibly impacting essential
community services. Extensive environmental contamination is possible.
Type of Material Involved: Unknown hazardous substance, or hazardous
substance that is capable of producing a toxic/corrosive gas cloud, is highly
reactive or unstable, is a flammable gas or produces flammable vapors, is
radioactive or is a chemical/biological pathogen.
Amount of Material Involved: Large amount of a hazardous substance or limited
amount of a very hazardous substance.
Population Affected: Presents an immediate danger to the public and operating
personnel. Evacuation will require movement of large numbers of populace
and/or extending over areas that will have a significant impact on the community.
It may require activation of shelters for evacuees.
Resources: Local response agencies will need assistance from outside resources.
Notification: PBCDEM, State Warning Point
IV. Severity of Incident: MAJOR - A spill or release of a hazardous substance
that has resulted in a serious fire, explosion, or environmental contamination over
an extended area.
Extent of Incident: Has an impact over a wide area with the probability that it will
spread to a larger area. The impacted area can be smaller than in a highly
urbanized area with a large population impacted.
Type of Material Involved: A known or unknown hazardous substance that can be
highly toxic, very reactive or unstable, flammable or explosive, radioactive, or
etiological agents that are extremely pathogenic.
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Population Affected: Evacuation will affect a large area and will have to be done
in stages taking several hours or more (evacuation duration could exceed several
days). A large number of the populace is affected. -
Resources: Mutual aid will be needed with a need for a large number of resources.
Notification: PBCDEM, State Warning Point.
All levels may involve evacuation from a very limited to large scale over considerable
periods of time. The resources required at the different levels will depend on the
urbanized area and the size (resources) of the response agency.
(j) Support Responders:
A list of support-resp_onders will be maintained xvith 24-hour contact numbers by the _
PBCDEM. PBCDEM will be notified of any and all emergency response activities that
involve the Reg_ional Response Teams. Support Responders will be requested through the _
ICS at the direction of the Team Leader and the concurrence of the IC.
(k) Chain of Command:
All requesting agencies will utilize the Incident Command System as adopted by the
Pahn_Beach County Fire Chief's Association.
The Incident Commander (IC) has the authority and responsibility to-ensure tl~e_ l~ealth
and safety of personnel and the public throughou_t-zi hazardous materials i(~cident
emergency. T_he IC will follow local SOG's in establishing command and develop' an
appropriate ICS structure to support the response. When the Regional Response Team
arrives, a briefing will occur between the lC and the Team Leader. The Regional
Response Team Leader xvill assume responsibility for tasks associated and designated by
the IC to the Regional Response Team. Normally~ the Team Leader will be designated as
Itaz-Mat Group Supervisor or if the event is of sufficient complexity, the Haz-Mat
Branch Director. The Team Leader will designate a Haz-Mat Group Safety Officer.
The Initial-Regional Respo_nse Team Leader will have ultimate _authorit_y find
responsibility over the Regional Response Team Members. Regional Response Team
Leaders-have the authority to transfer Team Leader responsibilities to anoiher team leader
_ _ or coordinator with the concurrence of the lC. The Team Leader ~vill not challenge or
usurp the IC's decisions unless it jeopardizes life safety.
Should the Regional Response Team be called to an incident where ICS ~/nd CYmmand
has not been established,--the Team Leader will conference with the most senior official .
from the requesting jurisdiction and determine if it is appropriate to establish a Unified
Command. Should the Team Leader become ~ommitted to a Unified Command the Team
Leader will [equest another on-duty Team Leader be dispatched to the scene depending
on the complexity of the incident.
The IC at a hazardotis materials incident will direct overall management, strategies and
coordination of the incident, The IC is responsible for the identification of incident
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resources and needs, the procurement of these resources, and the coordination of
resources so as to conclude the emergency and protect life, property, and the
environment.
The IC is not responsible tbr detailed direction of specialized procedures, but will ensure
that procedures are being implemented that will accomplish the strategies. Scene
management decisions will be made with the input of the Regional Response Team and
Technical Specialist. Concurrence on response strategies, tactics, and implementation is
an absolute necessity. The Regional Hazardous Materials Response Team SOG's
(PBCRHMRTSOG's) provide detailed guidance as to the management of a hazardous
materials incident.
(I) News Media/Press:
The requesting jurisdiction's IC or IC designated Public Information Officer (PIO) is
responsible tbr dissemination of information to the public. Should situation and resources
allo~v, a team member, selected by the team leader may be designated to provide
technical details to the IC/PIO. The media is considered a valuable asset, and it is
important to keep the public competently infbrmed about the threat and progression of
the incident.
(m) Training:
All members assigned to the PBCRHMRT have completed as a minimum a curriculum in
compliance xvith the Florida State Emergency Response Commission's Guidelines for
Public Sector Hazardous Materials Training, Hazardous Materials Technician and OSHA
29 CFR 1910.120(q)(6). All PBCRHMRT Team Leaders have completed a curriculum in
compliance xvith the Florida State Emergency Response Commission's Guidelines tbr
Public Sector Hazardous Materials Training, Hazardous Materials Incident Commander
and OSHA 29 CFR 1910.120(q)(6). All PBCRHMRT. Members xvill be certified
compete_rtl by his/her employer and possess documentation of certification. All
PBCRHMRT Members receive annual refresher training and re-certification by the
employer in accordance with 29 CFR 1910.120(q)(6). All PBCRHMRT Me~nbers are. at
a minimum, Florida State Certified Emergency Medical Technicians.
In addition to the certificates of competency that are maintained by the employer for each
team member, the employer maintains records of initial and refresher training as required
by 29 CFR 1910.120(q)(6).
(n) Review and Evaluation:
The PBCRHMRT will critique all responses of the Teams. This critique is to evaluate the
response actions of the involved personnel. This critique is in addition to any critique
held by the requesting jurisdiction and is not intended to relieve the lC of the nee. d to
conduct a critique and subsequent follo~v-up reports. The PBCRHMRT will document
critique outcomes and forward recommendations to the Teams Coordinator. Team
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Leaders and Coordinators will meet quarterly to review these reports and decide to
implement changes to the Response Plan, SOGs, equipment, and training. The Leaders
and Coordinators will forward the incident reports, follow-up reports, and
recommendations to the Oversight Committee tbr review.
The Oversight Committee is charged xvith ensuring that all teams comply with the
requirements of enabling legislation, health and safety regulations, PBCRHMRT
Emergency Response Plans and Standard Operating Guidelines, proper and appropriate
incident documentation, and requesting agency and PBCRHMRT interface.
This Emergency Response Plan will be reviewed at least annually for effectiveness and
regulatory compliance. This plan must be consistent with the Palm Beach County
Comprehensive Emergency Management Plan, the District X Local Emergency Planning
Committee Plan, The State Emergency Response Commission Plan, the Florida
Department of Emergency Management Comprehensive Emergency Management Plan.
and the National Contingency Plan for Oil and Hazardous Substance Releases.
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Article Il. Palm Beach County Regional Hazardous Materials Response
Team Standard Operating Guidelines
SECTION 2.01 INITIAL RESPONSE
(a) General:
All hazardous materials responses in Palm Beach County that utilize the Regional
Response Teams will have two groups of personnel that are operating at the
scene. Those personnel that are utilized for the purpose of functions outside the
scope of the "Hazard Group," will be first responder, operational level personnel
(29 CFR 1910.120 q.6.ii). These responders will typically be from the local
jurisdiction or mutual aid response units requested by the local jurisdiction.
Those personnel who are directly involved in the "Hazard Group" operations will
be properly trained technician level personnel (29CFR1910.120 q.6.iii) and will
usually be members of one or more of the regional response teams. Some
operational level personnel may be called upon to pertbrm certain functions,
within the "Hazard Group," under the direction of a technician.
The overall success of the hazardous materials incident xvill depend largely on the
initial operations as set up by the first response agency. These first responders are
often placed in the position of arriving at the scene of a hazardous materials
release with little or no information about the product(s), and are lacking the
proper personal protective equipment to operate near the release.
(b) Actions:
With responder safety in mind, the tbllowing items should be considered as a
minimum tbr a safe and effective response.
Approach the incident from an uphill and upwind position if possible, Uphill
positioning is preferable when winds are variable.
Position all vehicles far enough away from the release to allow tbr a sate retreat if
necessary (300 ft. minimum if dealing with an un'known product). This may
include facing the vehicles away from the scene!
Avoid any contact with the product being released. Remember that many
hazardous materials are colorless, odorless vapors!
Make sure that the initial size up includes the type of situation found and proper
response routes for incoming units.
Consider all drums, containers, cylinders, and tanks as being tull, and the
materials in them to be hazardous materials, until proven other~vise.
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Establish an initial isolation zone based on the information in the NAERG (North
American Emergency Response Guide). In~ure that all people who do not have
the proper PPE (police. fire, civilian, and EMS) are removed from the initial
isolation zone.
An ASR (area of safe refuge) should be designated inside the initial isolation zone
for people who are considered contaminated. These people should not be brought
out of the ASR until they can be decontaminated with at least emergency
decontamination. Runoff is not an issue in this circumstance, life safety is of
utmost importance.
From a safe dis_tance, attempt to identify the product (placards, labels, UN #'s, _
chemical names, etc.), the type and size of the container, amount of product being
released., and the name of the shipper or manufacturer. _
Follow the actions recommended by the NAERG, remember these are general
guidelines intended for use during the first 30 minutes of the incident.
Act quickly and decisively to request additional resources and technical
assistance. These units can be canceled easily if they are not needed.
Immediate rescue of victims should only be attempted when the rescuers are able
to operate in the proper PPE and all RISK/BENEFIT considerations have been:
addressed and a scene assessment has been completed.
- Operational level personnel should only complete operation of remote shut off
valves with assistance taxi direction from plant or thcilities personnel unless the
operational level personnel are completely familiar with the facility and
understand the results of oper_ating the valve.
(c) Scene Management:
The first responder, operational level unit that arrives first on the scene should
- - insure that the Incident-Management System is initiated and the county v~ide
personnel accountability system is utilized.
All first responders should remember that quick, aggressive action hhs no I31ace at
hazardous materials incidents. Many times, no action may be the only- safe action
due to thee lack of PPE. Keep in rain_d, If There Is Much To Be Gain6d, Much
May Be Risked! If There Is Little To Be Gained, Little May Be Risked. We
will not risk life for property or the environment.
First responde_r, operational l_evel response personnel should remember to address
the strategic goals of Recognition, Isolation, Protection, and Notification. These
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are all strategies that can be addressed 5vhile operating in the "delknsive mode."
Spill control is also an initial strategy which may be considered, but must be
accomplished without coming in contact with the product or its vapors. The
exception to this is when dealing with certain flammable liquids and flammable
gases, which are considered firefighter operations and should be dealt ~vith
aggressively and offensively while wearing proper protective equipment and
having completed the proper training.
(d) PBCRHMRT Interface:
Upon arrival of the Regional Response Team, the team leader (senior officer on
the team) should insure that the hazardous materials response vehicle is located in
the proper place to facilitate the work of the team. Keep in mind that this does not
need to be in close proximity to the command post.
The Regional Response Team Leader should report to the command post for an
appropriate briefing and to deliver the "unit passport" accountability tags to the
lC/Operations Officer.
Regional Response Team members should prepare to interface with the
"Technician Level" responders who are already on the scene as part of the first
response organization. These first responder technician level personnel should be
able to gather specific information about the hazardous material, the container,
and the environment where the release has occurred. This information ~vill
greatly enhance the ability of the regional response team to develop an effective
plan of action as well as a site specific sat~ty plan.
The first response agency technicians may be utilized to enhance and compliment
the regional response teams operations at the direction of the Haz-Mat Group
Supervisor. They may be utilized in any position within the "Itaz-Mat Group"
other than entry team members, the [lazard Group Supervisor, or those positions
that re_quire direct contact with the product.
All jurisdictions within Palm Beach County who presently have technician level
responders should continue to maintain those personnel at that level of
certification, with the intent to utilize them to assist and direct those operations
that will be handled as Level I incidents, by the local jurisdiction. They should
also be utilized to do much of the information gathering and lead in work for the
Regional Response Team on incidents that are elevated to Level II or higher.
Regional Response Hazardous Materials Teams are to function in a "support" role
for all incidents regardless of the level of response. The team function is to
operate as the "Haz-Mat Group" within the Palm Beach County Incident
Management System, not to take command of the incident or to replace the
responders who are functioning in other areas of the IMS structure being utilized
by the on scene incident commander.
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SECTION 2.02 NOTIFICATION & DISPATCHING STANDARD
OPERATING GUIDELINES
(a) PURPOSE:
To provide a reliable and consistent method of notification and dispatch ~br the 38
governments in Palm Beach County to use in the event of a hazardous material
incident within their jurisdictional boundaries that exceeds the capability of the
local responders.
(b) POLICY:
There will be tbur (4) geographic zones in Palm Beach County, with each zone
being served by a team consisting of at least seven (7) Hazardous Material
Technicians. These teams will provide first due response for Level II, III and IV
incidents in their assigned zone. and back-up response for other zones, as
indicated. Each zone will have one (I) designated access point that will be used
to dispatch the appropriate Palm Beach County Regional Hazardous Materials
Response Team (PBCRHMRT).
Zone 1: Palm Beach County Fire Rescue service area t¥om north county line to
Southem Boulevard. including; Canal Point, Golfview. Haverhill. Juno Beach,
Jupiter, Jupiter Inlet Colony, Pahokee, Palm Beach Gardens. Royal Palm Beach.
and Tequesta.
1st Due: Special Operations 16. Palm Beach County Fire Rescue
2nd Due: Special Operations 5, West Palm Beach Fire Department
3rd Due: Special Operations 3 I. Palm Beach County Fire Rescue
4th Due: Special Operations 56, Boca Raton and Delray Beach Fire Rescue
Zone 2: City service areas including; Lake Park, Lake Worth, Mangonia Park,
North Palm Beach. Palm Beach. Palm Beach Shores, Riviera Beach. and West
Palm Beach.
1 st Due: Special Operations 5, West Palm Beach Fire Department
2nd Due: Special Operations 16, Palm Beach County Fire Rescue
3rd Due: Special Operations 31, Palm Beach County Fire Rescue
4th Due: Special Operations'56, Boca Raton and Delray Beach Fire Rescue
Zone 3: Palm Beach County Fire Rescue service area from south county line to
Southern Boulevard, including; Atlantis, Belle Glade, Cloud Lake, Greenacres,
Hypoluxo, Lake Clark Shores, Lantana, Manalapan, Palm Springs, South Bay,
South Palm Beach, and Wellington.
1st Due: Special Operations 31, Palm Beach County Fire Rescue
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2nd Due: Special Operations 5& Boca Raton and Delray Beach Fire Rescue
3rd Due: Special Operations 5, West Palm Beach Fire Department
4th Due: Special Operations 16. Palm Beach County Fire Rescue
Zone 4: City service areas including; Boca Raton, Boynton Beach, Briny Breezes,
Delray Beach, Golf, Gulf Stream, Highland Beach, and Ocean Ridge.
1st Due: Special Operations 56, Boca Raton and Delray Beach Fire Rescue
2nd Due: Special Operations 31, Palm Beach County Fire Rescue
3rd Due: Special Operations 5, West Palm Beach Fire Department
4th Due: Special Operations 16, Palm Beach County Fire Rescue
PROCEDURE:
When the first responders to any hazardous material incident confirm that the
magnitude of the incident requires the response of a PBCRHMRT, they will
request their respective Communications Center to contact the Palm Beach
County Fire Rescue Communications Division at 689-1360 or 272-1626 Ii'om the
South County area to notify the appropriate PBCRHMRT. The requesting agency
will provide:
1. The location of the incident.
2. The location of the Command Post and the command designation.
3. A resource status report of units on the scene.
4. A situation status report of the current conditions.
5. The type and quantity of hazardous material involved (if known).
The Palm Beach County Fire Rescue Communications Division xvill notify the
appropriate PBCRHMRT by one of the tbllowing methods.
For incidents'-in Zone 2, Palm Beach County Fire Rescue Communications will
contact the West Palm Beach Communications Center by direct telephone line.
For incidents in Zone 4, Palm Beach County Fire Rescue Communications xvill
contact the Boca Raton Communications Center by direct telephone line and Boca
Raton Communications will contact the Delray Beach Communications Center.
These centers ~vill then dispatch their Special Operations units to the incident.
For incidents in Zones I and 3, Palm Beach County Fire Rescue Communications
will dispatch the appropriate Special Operations units through their tone alert
system.
The individual response units will acknowledge their response with their
respective Communications Center. On the Palm Beach County Tactical Channel
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(TAC 2 - North, TAC 4 - South), they will notify the Palm Beach County Fire
Rescue Communications Division that they are:
1. Enroute to the incident.
- 2. Arrival at the incident.
3. Commencing extended operations (Four hours after arrival).
4. Completed assignment and available ~r
If a PBCRHMRT is working on a hazardous material incident in their primary
response area, they will also notify Palm Beach County Fire Rescue -
Communications Division for documentation and operational purposes.
The Palm Beach County Communications Center will notify Pahn Beach County
Division of Emergency Management at 233-3500 of all responses of the
PBCRHMRT. Palm Beach County Division of Emergency Management will
then notify the Florida Division of Emergency Management State Warning Point.
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SECTION 2.03 MEDICAL PROGRAM
(a) Medical Surveillance Program
Program shall be preventative in nature and used to establish a baseline tbr future
reference.
Program shall be in compliance with 29 CFR 1910.120 (Occupational Safety and
Health Guidance Manual for Hazardous Waste Site Activities, see Appendix D ret:
# 10), NFPA 472 and any otkcr applicable documents. An Occupational Physician
shall conduct the medical exams. The physician shall be provided copies of the above
documents. Furthermore the program should be conducted with input from an
industrial hygienist.
Medical exams shall be conducted on the following schedule: (a) Prior to assignment to and exit from the team.
(b) As deemed necessary by attending physician.
(c) Upon appearance of signs or symptoms of exposure.
(d) In cases of exposure or suspected exposure above PEL
(e) At least every 2 years.
Physician shall maintain copies of all exams with a copy given to each member.
Employer shall make.arrangements to provide these medical records on 24-hour
emergency notice. It is the responsibility of the emPloyer (~vith approval from each
member) to ensure that records are updated after each exposure or medical exam.
1) Employer shall be thmished written notice relating only each member's ability to
pertbrm or restrictions in performance.
2) Medical exams shall consist of the tbllowing:
(a) A complete medical history-or update thereto.
(b) A complete occupational history or update thereto.
(c) _Physical exam to include but not necessarily limited to:
1. Blood chemistry profile
2. CBC
3. Urinalysis
4. RBC Cholinesterase (exposure to Organophosphates)
5. Heavy Metal screening.
6. EKG (12 lead)
7. Vision,,-hearing and pulmonary function tests.
8.- Chest x-ray (may be done every two years.)
9. Stress test.
10. Comprehensive physical exam.
3) Attending physician shall review records, every .four years for the purpose of
identifying and correcting abnormal trends.
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(b) Pr~ and Post Entry Evaluations:
(i) Staffing
An ALS transport unit shall be on scene prior to entry being made. This unit shall be
dedicated to treatment and transport of entry personnel only. This unit should be staffed.
at the minimum, by EMS Level One trained paramedics who shall be provided
information relating to the products on scene, routs of entry, signs and symptoms of
exposure, treatment procedures etc. Toxicological trained paramedics (see Toxicological
Drug Boxes for definition) are required when entering into IDLH conditions involving
extremely hazardous materials.
(ii) Pre entry evaluation
1) Conducted prior to entry in level A or B chemical protective clothing.
2) Shall include blood pressure, pulse, respirations, oral temperature (prior to member
drinking/eating hot or cold items).
3) The following findings shall exclude a member from entry:
A: Blood pressure greater that 160 systolic or 100 diastolic.
B: Pulse greater that 120
C: Respiration's greater than 24
D: Oral temperature above 100 Deg. F
E: Recent medical history
F: Chemical sensitivity.
G. At the discretion of the attending paramedic and upon concurrence of the
Hazardous Materials Group Safety Officer (HMSO)
4) Members shall consume 8-16 oz. of fluid prior to entry.
(iii) Post Entry Evaluation
I) Repeat pre entry assessment immediately and after 10 minutes.
2) Consume large amounts of fluid (min. 8oz of fluid for each pound of body weight
loss. Dilute sport drinks 50% with water).
_3) Members who experience prolonged elevated vital signs, abnormal EKG, temperature
above 100 Deg F, signs and symptoms of exposure or who, in the opinion of the
HMSO/MED. Group Supervisor shall be transported to an appropriate medical
facility for observation and appropriate treatment. A toxicological trained paramedic
for the purpose of assisting and guiding ER personnel shall meet these members at the
ER.
(c) Toxicological Drug Boxes
1) Each PBCRHMRT shall equip and maintain a toxicological drug box containing, at
the minimum the following:
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a) Atropine (8mg/20ml) 15 Vials
b) 2-PAM (1-2 Gm. multi dose) 2 Vials
c) Cyanide antidote kit 2 Kits
Amyl Nitrate(.3 mi/inhalant)
Sodium Nitrite (300mg/10ml)
Sodium Thiosulfate (12.5g/50ml)
d) Valium 30 Mg total
e) Magnesium Sulfate (Igm/2ml) 2 Vials
f) Sodium Bicarbonate(50meq/50ml) 2Vials
g) Methylene Blue (100rog/10mi) 6 Ampoules
h) Terbutalene(l mg/ml) 6 Ampoules
i) Epinephrine (1:1000, 30 mi) 2 Vials
j) Calcium Gluconate (10%solution/10ml) 2 Vials
k) Lidocaine (100 mg/5 mi) 3 Vials
l) Tetracaine (.5%/2ml) I Dropper bottle
m) Morgan Therapeutic Lenses 4 Units
n) IV solutions, catheters, tubing, dressings, bandages and associated supplies
necessary, for the administration of the above.
2) The above medications shall be administered by a State of Florida Certified
Paramedic that has completed either: Street Level Toxicology OR NFA Advanced
Life Support Response to Hazardous Materials Incidents. Referred to previously as
toxicological trained paramedic.
3) The above medications may be administered only upon diredt orders from the
receiving ER Physician OR per existing Medical Protocols which have been
approved by the Medical Director under whose medical lic. ense the paramedic is
operatine
4) All medications shall be inspected daily by a FL certified paramedic. Medications
and documentation shall be maintained in accordance with all applicable Federal.
State and Local requirements.
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SECTION 2.04 INCIDENT MANAGEMENT
(a) General:
Both the Occupational Safety and Health Administration (OSHA) 29' CFR Part
1910.120 and the-Environmental Protection Agency (EPA) 40 CFR Part 311 state:
The senior emergency response official responding to a (chemical) emergency
shall become the individual in charge of the site specific Incident Command
system. This means that all hazardous materials responders must operate using an
Incident Command Syst6m (ICS).
(b) Incident Command System:
The ICS organizational structure develops in a modular fashion from the top
down at-any incident; the specific ICS organizational structure for a hazardous -
materials emergency is based on the incident needs. The Incident Commander and
Incident Safety Officer are always appointed. If other positions of responsibility
are not appointed, the Incident Commander assumes those duties.
The establishment and operation of an Incident Man. agement System at a
- Hazardous Materials Incident shall in no way conflict with the Ing~dent
Management System presently utilized by Fire and Emergency agencies ~gi/h-in
Palm- Be[ch County.
The first Fire Rescue unit or Senior Official having authority arriving at a
Hazardous Materials incident shall establish Command. utilizing a unique
identification for the designated command.
Command shall utilize appropriate ~'orksheets immediately, in order to track both
apparatus and personnel resottrces.
(c) ICS - PBCRHMRT Interface
'i'here shall be a minimum of seven (7) Hazardous Materials Technicians_on-scene
prior to a-ny offensive actions by the team.
Although the Incident Comm~nder retains overall control and authority ht the
in~:ident, the Hazardous Materials Team shall be allowed to work in a safe and
uncompromising environment. If a conflict arises regarding the aforementioned,
the Incident Commander and the Hazardous Materials Group Supervisor shall
meet-and resolve the issues. Failure to carry out an order shall be documented in
writing elaborating on the contradiction of Standard Operating Guidelines, Safety,
common sense and/or sound reasoning.
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(d) Hazardous Materials ICS Module:
The ICS Hazardous Materials module is utilized when the Incident Commander
deems the need for the management of tactical objectives related to a hazardous
materials incident. Only the module components necessary to execute tactical
objectives should be implemented. The following is a description of the
Hazardous Materials module.
(i) Hazardous Materials Group Supervisor
(a) Reports directly to the Operations Section Chief, or the Hazardous Materials
Branch Director, if appointed.
(b) Directs the overall operations of the Hazardous Materials group.
(c) Implements of the hazardous materials element of the incident action plan.
(d) Assigns resources ~vithin the Hazardous Material Group.
(e) Reports the progress of operations and status of resources within the group.
(t) Oversees theprimary functions provided by the Hazardous Material Group
(g) Entry into the exclusion (Hot) zone as supervised by the Entry Leader.
(h) Decontamination as supervised by the Decontamination Leader.
(i) Site Access Control as supervised by the Site Access Control Leader.
(j) Coordinates with Assistant Safety Officer/Hazardous Materials. This position
must be appointed and present during all operations at the hazard site.
(k) Coordinates with technical specialists:
1) Reference specialist,
2) Science specialist.
3) Weather specialist.
(1) Training to the hazardous materials technician level, at a minimum.
(re)Checklist of activities:
1) Check in and obtain briefing from Operations Section Chief:
2) Ensure the development of control zones and access control points and
placement of appropriate control lines.
3) Evaluate and recommend public protection action options to
Operations Chief.
4) Ensure that current weather data and future weather predictions are
obtained.
5) Establish environmental monitoring of the hazard site tbr
contaminants.
6) Ensure that a site safety plan is developed and implemented.
7) Conducts safety meetings with the hazardous materials group.
8) Participate, when requested, in development of incident action plan.
9) Ensure that nationally recommended safe operational guidelines are
followed.
10) Ensure that proper PPE is selected and used.
11 ) Ensure that appropriate agencies are notified through the lC.
12) Maintain unit log (ICS Form 214).
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(ii) Entry Team Leader
(a) Reports to Hazardous Materials Group Supervisor.
(b) Responsible 1hr overall entry operations within the exclusion zone.
(c) Directs rescue operations in the exclusion zone.
(d) Training to the hazardous materials technician level, at a minimum.
(e) Checklist of activi~ties:
1) Obtains briefing from Hazardous Materials Group Supervisor.
2) Supervises entry team(s) operation.
3) Recommends actions to stabilize the situation within the exclusion
zone.
4) Carries out actions to mitigate hazardous materials release or
threatened release.
· 5) Coordinates operations with Decontamination Leader.
6) Maintains communications and coordinates operations with Site
Access Control Leader.
7) Coordinates operations with technical specialists.
8) Maintains control of the movement of people and equipment within
the exclusion zone.
9) Directs rescues within exclusion zone.
10) Maintains units log (ICS Form 214).
(iii) Decontamination Team Leader.
- (a) Reports to Hazardous Materials Group Supervisor.
(b) Responsible tbr operations of personnel in contamination reduction zone
(CRZ).
(c) Provides decontamination as required by incident action plan (lAP).
(d) Training to the hazardous materials technician level.
(e) Checklist of activities:
1) Obtains briefing from Hazardous Materials Group Supervisor.
2) Establishes contamination reduction corridor(s).
3) Identifies contaminated people and equipment.
4) Supervises the operations of the decontamination crexv.
5) Maintains control of movement of people and equipment within the
CRZ.
6) Coordinates operations ~vith Entry Leader.
7) Maintains communications and coordinates operations with Site
Access Control Leader.
8) Coordinates the transfer of patients requiring medical evaluation to the
Medical Group.
9) Maintains units log (ICS Form 214).
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(iv) Site Access Control Leader.
(a) Reports to Hazardous Materials Group Supervisor.
(b) Responsible for control of movement of all people and equipment through
access routes at hazard site.
(c) Ensures that contaminants are controlled and records are maintained.
(d) Training to the hazardous materials technician level, at .minimum, is highly
desirable.
(e) Checklist of activities:
1) Checks in and obtains briefing from Hazardous Materials Group
Supervisor.
2) Organizes and supervises assigned personnel to control access to
hazard site.
3) Oversees placement of control lines.
4) Ensures appropriate action is taken to prevent spread of contamination.
5) Establishes Sate Refuge Area near the exclusion zone control line.
6) Appoints the Safe Refuge Area Manager (as needed).
7) Ensures that injured or exposed individuals are decontaminated prior
to leaving the hazard site.
8) Ensures long-term observations of persons being decontaminated.
9) Coordinates with medical group tbr proper separation and tracking of
contaminated people needing medical care.
10) Maintains observations of any climatic conditions or other
circumstances external to hazard site.
11) Maintains communications and coordinates operations xvith Entry
Leader.
12) Maintains communications and coordinates operations with
Decontamination Leader.
13) Maintains unit log (ICS Form 214).
(v) Safe Refuge Area Manager.
(a) Reports to Site Access Control Leader.
(b) Evaluates and chooses priority of victims tbr treatment.
(c) Collects information from the victims.
(d) Prevents the spread of contamination.
(e) Coordinates with Decontamination Leader.
(f) Coordinates with Entry Leader.
(g) Safe refuge area is near the contamination reduction corridor.
(h) Checklist of activities:
1) Checks in and obtains briefing t¥om Site Access Control Leader
2) Establishes safe refuge area.
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3) Monitors hazardous materials release to ensure safe refuge area is not
subject to exposure.
4) Assists Site Access Control Lead-er by ensuring victims are evaluated
for contamination.
5) Manages safe refuge area for holding and evaluates victims who may
- have information, or may be contaminated.
6) Maintains communications with Entry Leader.
7) Coordinate movements of victims to the safe refuge area.
8) Maintains communications with Decontamination Leader to
coordinate the decontamination of victims.
9) Maintains units log OCS Form 214).
(vi) Technical Specialist/Hazardous Materials.
(a) Reports to the Plans Section Chief but may be detailed to the Hazardous
Materials Group Supervisor.
(b) Provides technical information and assistance to the hazardous materials
group.
(c) Uses various reference sources available.
(d) Provides product identification methods to categorize or identify unkno~vn
(e) Checks in and obtains briefing; from Plans S~ction Chief:
(f) TeehYSpecs report to, and are assigned by, the Plans Section.
(g) Obtains briefing from Hazardous Materials Group Supervisor.
(h) Provides technical support to hazardous materials group.
-(i) Maintains communications and coordinates operations with Entry Leader.
(j) Provides and interprets environmental monitoring.
(k) Provides analysis of hazardous materials samples.
(1). Determines PPE compatibility'? to hazardous materials.
(m)Provides technical information of incident for documentation unit.
(n) Provides technical information management with public and pri.vate aeencies.
(o) Assists Plans Section Chief in projecting potential environlnental effects of
release.
- (p) Maintains units log-(ICS Form 214).
(vii) Assistant Safety Officer/Hazardous Materials (HMSO)
(a) Reports to incident Safety Officer-and coordinates with Hazardous Materials
Group Supervisor.
(b) Position required by 29 CFR 1910.120 (q) [3] [vii].
(c) Coordinates safety related activities of hazardous materials group operations.
(d) Advises Hazardous Materials Group SuperviSor on all'aspects of health and
safety.
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(e) Has the authority to stop or prevent unsafe acts in an immediately dangerous
to life and health (IDLH) condition. 29 CFR 1910.120 (q) [3] [viii]).
(f) In a multi activity incident, the Assistant Safety Officer/Hazardous Materials
should not act as safety officer for the overall incident.
(g) Checklist of activities:
1) Checks in and obtains briefing from incident Safety Officer.
2) Obtains briefing from Hazardous Materials Group Supervisor.
3) Participates in preparation of, and implements, site safety plan.
4) Advises Hazardous Materials Group Supervisor of deviations ~¥om site
safety plan or any dangerous situations.
5) Has full authority to alter, suspend, or terminate any activity
judged to be unsafe in IDLH areas.
6) Ensures the protection of Hazardous Materials group personnel from
physical' environmental, and chemical hazards/exposures.
7) Ensures that emergency medical services are on site.
8) Coordinates with medical unit leader.
9) Ensures the medical related records for Hazardous Materials Group
personnel are kept current.
I0) Maintains units log (ICS Form 214).
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SECTION 2.05 ESTABLISHING WORK ZONES
(a) GENERAL
1) It is imperative that control zones be established as early in the incident as possible.
The first responder should establish control zones, if possible. The first responder
shall use available detection equipment, the Department of 'Transportation North
American Emergency Response Guidebook (NAERG), and their own best judgment
in determining the initial isolation zone. When determining initial isolation zones,
responders should determine the greatest protection for the p.ublic and the responders
and allow the hazardous materials team to decrease the size of the initial isolation
zone as needed.
2) Hazardous material incident zoning is a dynamic process. Members of the hazardous
materials team. command and control personnel and others need to be aware of and
anticipate the possibility of zoning changes based on incident progress.
(b) PURPOSE
I) The purpose of establishing control zones is to:
(a) Designate areas of specific function
(b) Limit levels of contamination
(c) Provide areas of safety tbr responders and customers
2) The size and shape of the control zones are determined by the follo~ving factors:
(a) Chemical properties
(b) Natural barriers
(c) Quantity of product involved and the amount of the product leaking
(d) Size and condition of the container
(e) Physical state of the product
(t) Weather
(g) Recognized standards and intbrmation from resources e.g. NAERG, CAMEO,
ALOHA, etc.
3) For the purpose of defining control zones the following terminology shall be used:
(i) Hot Zone
(a) The Hot Zone is the area most affected by the hazardous materials release,
areas of safe refuge for contaminated victims and beginning of the
contamination reduction corridor.
(b) When available, the use of Threshold Limit Values (TLV) will be used to
determine the boundaries of the Hot Zone.
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(c) The Hot Zone will be distinguished utilizing banner tape, cones, or some other
recognizable material.
(d) The area of sate refuge should be located near the entrance to the
contamination reduction corridor and xvill be monitored to assure that further
contamination of victims is not occurring. Contaminated victims shall be
retained in the area of safe refuge while awaiting access to the contamination
reduction corridor.
(e) General Hot Zone Guidelines:
1) Toxicity - The hot zone shall be established based on the products
monitored readings greater than the published TLVfTWA or PELt
exposure values. Any readings falling within these limits shall be
considered to be within the hot zone.
2) Flammability - Any readings on a combustible gas indicator shall be
considered to be within the hot zone.
3) Oxygen - Oxygen deficient atmospheres are those xvith readings of
19.5% oxygen or less and oxygen enriched atmospheres are those xvith
reading of 23.5% or greater. When evaluating oxygen deficient
atmospheres, consider that the available oxygen may be influenced by
the contaminants present. Any area containing oxygen enriched or
deficient atmosphere shall be considered to be within the hot zone.
4) Radioactivity - Any reading above background level ,,,,'ill be conlirmed
the existence of a radiation hazard and shall be considered to be xvithin
the hot zone.
(ii) Warm Zone or Contamination Reduction Zone
(a) The xvarm zone is an area sate from contamination from the ongoing
hazardous materials release.. The Warm Zone xvill be distinguished utilizing
banner tape, cones, or some other recognizable material.
(b) Cross-Contamination, from exposed victims and responders, is possible in this
area and all personnel entering the Warm Zone shall wear the appropriate
level of chemical protective clothing.
(c) The Warm Zone includes the contamination reduction corridor and an area of
safety around the hot zone to prevent the contamination of victims and
responders that are not equipped with chemical protective clothing.
(d) The Warm Zone shall also contain access control points for the Hot Zone.
(iii) Cold Zone
(a) The Cold Zone is an area outside the Warm Zone that is within the incident'
perimeter and is contamination free.
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(b) The Cold Zone will be distinguished by utilizing banner tape, cones, or some
other recognizable material.
- (c) The Cold Zone is an area where command and dontrol functions occur as well
as other functions necessary to support the activities occurring in the hot zone
and Warm Zone.
- (d) The Cold Zone is the functional area that treatment of decontaminated
victims, interagency coordination and incident security can be expected to
occur.
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SECTION 2.06 IDENTIFICATION AND CONFIRMATION
(a) GENERAL
1) One of the primary objectives during a Hazardous Materials Incident is the
identification of the materials and hazards presented by the materials involved and
subsequent confirmation of the properties and hazards of these materials.
(b) POLICY
1 ) On Level II, III, IV incidents, a Hazardous Materials Technician shall be assigned to
reseamh the chemical(s) involved. Fire Department members not assigned to the
Hazardous Materials Response Team will not be used for this purpose unless that
member has specific in depth knowledge of the product, facility, process or product.
2) The member assigned to material research will record all physical properties,
incompatibilities, recommended PPE, first aid and antidotal information,
decontamination guidelines and any other information that is relevant.
3) Items to be considered in the identification process should include, but not be limited
to:
(a) Placards and labels
(b) Shipping papers and MSDS sheets
(c) Waybills and consist
(d) Packaging names and information
(e) Type and shape of container
(f) Markings, colors, tag number, shippers name. truck or car number etc.
Operating personnel, driver, e_ngineer, facility manager etc.
4) At least two, preferably three sources shall be researched tbr each chemical involved.
This should include books, databases, Chemtrec, etc.
5) Conflicting information shall be interpreted by assuming that the worst case scenario
is present, Highest or lowest extremes, highest toxicity or reactivity etc.
-- _ 6) The NA ERG is a good first responder's guide but may be a poor reference because of
its generality. Use other sources for detailed information on chemicals and for
technician level research.
7) If the Hazardous Materials Response Team is unable to identify a spilled material
and/or its properties, or the severity of the hazard cannot be ascertained, or the proper
stabilization methods are not known, the IC shall immediately have the Hazardous
Materials Group Supervisor seek technical assistance. Technical assistance includes:
(a) Agencies and resources listed in the PBCRHMRT resource list.
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(b) Chemtrec / National Response Center
(c) Industry technical representatives and hot lines
(d) Manufacturer and product institutes.
(e) Governmental or environmental resources
8) The IC and Hazardous Materials Group Supervisor should communicate ~vith each
other or others directly with the use of computer, fax, cellular phone, or face to face
in order to avoid mistakes or confusion.
9) During rail responses the Hazardous Materials Group will make z!! attempts to locate
the train's crew and conductor. They should have access to the following items:
(a) Special instructions list the STCC number for each hazardous material on the
train and relative position of car from engine.
(b) Train Consist displays the relative order of each car on the train, starting xvith
the engine. Hazardous materials will be identified with the word
DANGEROUS beneath the car.
(c) Emergency handling precaution-Provided for each hazardous material on the
train.
(d) Notice of cars containing explosives or poison "A" show position of cars
placarded as above.
(e) Waybills are shipping papers that provide phone numbers, addresses.
description of materials, emergency contacts etc.
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SECTION 2.07 DECONTAMINATION ~
(a) GENERAL
1) Decontamination is the extremely important process of removing contaminants,
which have accumulated on personnel, equipment and scene. Decontamination is vital
to the health and safety of the public and of all emergency response personnel.
(b) POLICY
1) Decontamination shall be pertbrmed at all Hazardous Materials Incidents where there
is the threat of cross contamination or exposure.
2) The method and type of decontamination will vary, depending onthe type of product
or products, the physicals and chemical properties of the product(s), and the level of
contamination. Any or all of the following methods, dilution, absorption,
emulsification, neutralization, chemical degradation, separation, negative or positive
pressure, and disposal may accomplish decontamination.
3) All personnel, equipment and supplies (including apparatus) entering the hot zone of
an incident or coming in contact with contaminated run off or materials should be
considered contaminated and must be systematically decontaminated. The names and
agency will be recorded in the unit log and kept on file.
4) Decontamination systems, solutions, and equipment will be established and in place
prior to anyone entering the hot zone.
5) All.decontamination personnel shall wear the PPE as determined by the Site Specific
Safety Plan and Incident Action Plan.
6) A competently trained hazardous materials technician shall be assigned as the
Decontamination Team Leader and xvill consult with the Hazardous Materials Group
Supervisor to determine a suitable area for decontamination. An adequate water
supply will be obtained.
7) Properly trained and protected operational level personnel may be utilized under the
direction of the Decontamination Team Leader to perform decontamination.
8) The area designated as a decontamination area will be appropriately marked and xvell
defined.
9) Prevention of contamination shall be the primary objective. This can be accomplished
by:
(a) Minimizing contact with hazardous substances
(b) Protecting instruments, radios, etc., by bagging or wrapping in plastic when
possible.
(c) Using remote sampling, proper handling techniques and devices.
(d) Wearing disposable chemical protective clothing where possible or
permissible.
(e) Protecting and wearing SCBA
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10) All run off from the decontamination process shall be contained and held pending
testing and approval of final disposition from the_ proper authorities.
11) Persistent materials are materials that come in contact With permeable items and may
require follow up evaluations to determine the effectiveness of the decontamination
process. Ultraviolet light o~' reagent swipe tests may be needed.
- 12) Any protective clothing or equipment, which is still suspected of being contaminated,
will be isolated and placed in sealed disposal drums if necessary, until final
decontamination or disposal can be accomplished or further technical assistance can
be obtained.
13) Decontamination~of heavy equipment and vehicles may require pressure or steam
cleaners and special retention arrangements.
14) Decontamination should not interfere with immediate life saving medical aid
however,-if emergency aid is to be given without proper decontamination the toxicity
of the product should must be considered and the minimum exposure to contaminates
is preferred._Emergency Decontamination should be considered. -
15) Any turnout gear or clothing, which may be sent to a commercial laundry or cleaned
by an outside vendor, must be accompanied by infbrmation about the product or
chemical and handling precautions including MSDS sheets if applicable.
16) All personnel involved in the decontamination process and that may have been
exposed to the possibility of cross contamination shall undergo decontamination.
17) Decontamination systems will vary depending upon all the considerations already_
stated. The concurrence or'he Decontamination Team Leader, Hazai'dous Materials
Group Supervisor, Assistant Safety Officer/Hazardou-s Materials and.tl~e Incident
Commander is mandated to ensure personnel satkty. The most common system will-
utilize a gross and secondary wash and rinse.
18) The Decontamination Team Leader will keep accurate records of all personnel going
through or involved physically in the decontamination process. Level of PPE worn
and product ~vill be included in the unit log.
19) All decontamination of radioactive contaminated patients or responders should
- involve consultation ~vith a Florida Department of Health Physicist..
20) Decontamination of victims is an urgent priority. It must be remembered that victims
contaminhted by ha~rdous_materials only become patients after thev have been-
decontaminated. Responders must wear proper PPE. Considerations include:
(a) Contamination of transport vehicles and treatment facilities must-be
prevented.
(b) Pr.epare transport rigs with plastic visqueen and/or enclose victim_s in-bo_dy
bags with proper precautions.
(c) Establish a civiHah decontamination process at hospital facility-if
contaminated victims may migrate _to emergency room on their own.
(d) Remove and double bag victims clothing and effects if they are suspected of
being contaminated.
(e) Communicate xvith the medical facility early and ofti~n with the tbllowing
information_: _
1) Number of victims
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2) Type and amount of contamination
3) Medical condition
4) Time of arrival
5) When to expect contaminated victims that may migrate to the hospital.
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SECTION 2.08 MONITORING PROTOCOLS AND PROCEDURES
(a) GENERAL
1) The Hazardous Materials Response Team will utilize an assortment of instruments,
devices and techniques to accomplish the following:
(a) Identify and quantify airborne contaminants, vapors, gases, liquids, solids, and
hazardous conditions.
(b) Determine the level of worlzcr protection needed for entry and support
personnel.
(c) Assist in defining perimeters, hazard and work zones.
(d) Identify need for medical, toxicological, decontamination, evacuation and risk
assessment actions or strategies.
(e) Track changes, verify remediation efforts, record monitoring chronology and
determine final or termination levels of product(s).
(b) POLICY
(i) Regulatory Compliance
(a) Regulatory compliance will be ensured during all monitoring and sampling
activities. Monitoring and sampling activities will be carried out in
compliance with OSHA CFR 1910.120, 40 CFR Part 311 and NFPA 471, and
any other applicable standards.
(ii) Record keeping.
(a) All monitoring devices, colormetric tubes and reagents ~vill be maintained as
per the manufacturer's recommendations and the authority having
jurisdiction's special maintenance Guidelines.
(b) Inherent satkty approvals and inspections xvill be mandated when applicable.
(c) Relative response curves and coefficients as well as cross sensitivity charts
will be available to entrants where applicable.
(d) A permanent, detailed record or log of the instrument repair and usage history
will be kept and will be available to responders.
(iii) Initial Entry (a) Upon initial entry, monitor for Immediately Dangerous to Life and- Health
(IDLH) conditions and exposures above the permissible exposure limits
(PELs) or other published exposure levels.
(b) Approach from up-wind, up-grade positions ~vhen possible.
(c) Wear appropriate PPE when initially entering an area for the purpose of
obtaining instrument readings. The minimum level of protection is Level "B'.
(d) Instrument readings will determine proper level of PPE tbr continued
assessment or mitigation.
(e) Personnel will utilize the "Buddy System".
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(iv) Monitoring for Unknowns
Monitoring for unknown products will include the folloxving, in order:
(a) Radioactivity
(b) pH with moist/dry pH paper (may be done in conjunction with above to
protect instrument
(c) Combustibility/Flammability/Explosivity and Oxygen Content
(d) Hydrogen Sulfide (if location dictates)
(e) Carbon Monoxide (after/during fire)(when ever conditions warrant)
(f) Organic vapor (if applicable)
(g) Specific gasses (colormetric tubes)
(v) Monitoring suspected/known products (a) Instrument/colormetric tube (appropriate for suspected product)
(b) Oxygen content
(vi) Sampling Protocol
(a) When air monitoring does not indicate product identification or level of
hazard, it may become necessary, to perform chemical analysis on the
product(s) to determine its identity or hazards.
(b) When chemical analysis is indicated the follo~ving sampling protocols will be
implemented.
1) Safe approach strategies, appropriate PPE
2) Continuous air monitoring
3) Buddy system
4) Decontamination established betbre entry
5) Remote sampling of product using sample jars and Callowaso tubes (if
appropriate)
6) Sealed, non-leaking containers ~vill not be opened by HMRT
personnel. Note: Sealed, non-leaking drums, unlabeled containers ~vill
be secured in a manner to insure public safety and the responsible
agency(s) will be notified. Opening unknown containers poses a
significant risk to personnel and should only be performed under
extreme conditions. The opening of sealed containers mandates the
following considerations:
(a) Test closure ~vith peroxide test paper
(b) Visually inspect container for signs of stress (I.e. bulging,
weakened areas, cracks, crystals etc.)
(c) Maximum level of chemical and flash protection.
(d) NOTE: If peroxide test is positive or container shows signs
of stress, or crystalline formations appear around openings DO
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NOT PROCEED ANY FURTHER and consider the product
unstable. NOTIFY PBSO BOMB SQUAD and HMRT
coordinator.
(e) Personnel will minimize contact with the product as much as
possible. Decontaminate personnel and the sampl'e jar.
- (0 Sampling will be a single entry team task.
(g) FollOw Haz-Cat flow chart and safety precautions.
(vii) Exposure limits and .action levels.
(a) OSHA, NIOSH, ACGIH, EPA and AIHA have all set exposure guidelines and
limits.- Many times the safe value for the same chemicals or hazards are
different. With the health and safety of responders and the public in the
highest interest, the PBCRHMRT will use the most conservative values listed
for a toxic substance.
) Combustible Gas Indicator
Known product > 50% L.E.L- explosion hazard, indicates IDLH Condition
Unknown product > 25% L.E.L-explosion hazard, indicates IDLH Condition
Confined space > 10% - explosion hazard, indicate~/IDLH Condition
2) Oxygen concentration
'< 10%-16% most Combustible Gas Indicators will not function properly
< 19.5% Monitor wearing SCBA
23.5% Fire potential for confined space
25 %-Fire potential, con§uR specialist
3) Radiation survey
< I n~R/hr continues monitoring, record time and consults Health Physicist -
>lmR/hr xvithdraws unless Health Physicist specifically-recommends 6therwise.-
4) Toxicity
Colormetric tubes, Photoionization detectors, Flame ionization detectors. _Usage is
dependent on prod_uct or chemical, consult reference manuals for _toxicity data.
PBCRHMRT Standard Operating Guideline 39oi' 52
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SECTION 2.09 PERSONAL PROTECTIVE EQUIPMENT PROGRAM
(a) Chemical Protective Clothing (CPC)
1 ) All members of the PBCRHMRT have been trained in the proper use and selection of
specialized protective equipment. Selection and use of a protective ensemble will
depend upon the physical and chemical hazards present at the incident. Chemical
compatibility for all elements of the chosen ensemble will be assured prior tv ·
selection. All personnel expected to utilize CPC will be medically monitored, as
defined elsewhere in the PBCRHMRT SOG's.
2) All entries will be made in pairs,*utilizing the buddy system with a back-up team
equal to the entry team. The PBCRHMRT will maintain sufficient resources on site to
facilitate safe entry to the hazardous atmosphere as dictated by the Site Specific
Safety Plan. All entry teams will utilize SCBA when making entries into possible
IDLH conditions. The uses of air purifying or supplied air respirators are prohibited.
3) The PBCRHMRT will utilize the tbilowing ensembles based on intbrmation available
and general safety Guidelines.
(i) Level 'A'
(a) Level 'A'- vapor tight chemical protective clothing is the maximum level of
protection for chemical environments. This level of protection will be selected
when the highest level of skin. respiratory, and eye protection is required. The
complete ensemble is made up_of the following components:
1) Flame Resistant Jumpsuit, (as applicable)
: 2) One. hour rated, positive pressure SCBA with Pass Device, supplied air
respirators will only be utilized during decontamination and not during
entry.
3) Communications device
4) Inner gloves
5) Head Protection
6) Vapor tight fully encapsulating limited use NFPA 1991 compliant
proteciive garment (chemically compatible), as applicable
7) Boots (chemically compatible)
8) Gloves (chemically compatible)
9) Hard Hat, as applicable
1 O) Attached number tbr identification of personnel (recommended)
(b) When situation dictates the use of Level 'A' ensemble, personnel will be
monitored for signs and symptoms of heat stress. A maximum of 20 minutes
PBCRHMRT Standard Operating Guideline 40o1' 52
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of work time will be allowed with ambient temperatures above 70 degrees. A
minimum of 60 minutes of rest will be allowed for personnel subsequent to
entry. Vital signs and hydration will be monitored prior to suit donning and
subsequent to suit dofting. Rehabilitation xvill be accomplished in a
ret¥igerated atmosphere When ambient temperature is above 70 degrees.
(c) PBCRHMRT will not make more then two work cycles when operating in
Level "A" protective clothing, in a 24 hour period. It is recommended that
personnel performing two work cycles are relieved from duty and the position
be back filled and documented in accordance with cost recovery guidelines.
(ii) Level 'B'
(a) Level 'B'- is chemical protection from liquid splash and particulate. It is not
intended to protect the wearer from gases and hazardous vapors that are skin
absorbable. The ensemble is comprised of the tbllowing parts:
1) Flame Resistant Jumpsuit, (as applicable)
2) Communication Device
3) One hour rated SCBA (May be inside or outside the suit) and PASS
device
4) Inner Glove
5) Fully encapsulating or Hooded Chemical protective garment
(chemically compatible)
6) Boots (chemically compatible)
7) Gloves (chemically compatible)
8) Helmet, as applicable
9) Number indicating the identity of personnel (recommended)
(b) Level 'B' protective garments are not vapor tight, When the hooded coverall
configuration is utilized, the SCBA is worn on the outside of the garment and
subsequently exposed to the hazardous environment. When the encapsulating
Level 'B' is used the SCBA is worn on the inside of the garment. The same
precautions with personnel usage and medical monitoring will be in-place as
for Level 'A' protection.
(iii) Level 'C'
(a) Level 'C' protective garments may be used by the PBCRHMRT with the
proper precautions. Level "C" protective ensemble is utilized when the
atmosphere is known and quantified. There is no IDLH condition, and
conditions are not expected to deteriorate as identified in the site assessment.
1) Flame Resistant Jumpsuit, (as applicable)
2) Communication Device
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3) Air Purifying Respirator, tull face piece, with eye protection, and
chemically compatible filters. Atmosphere xvill be monitored
constantly.
4) Inner Glove
5) Hooded Chemical protective garment (chemically compatible)
6) Boots (chemically compatible)
7) Gloves (chemically compatible)
8) Helmet, as applicable
9) Number indicating the identity of personnel (recommended)
(iv) Level 'D'
(a) Level 'D' protective garments are station wear and Fire Fighter protective
clothing. The ensemble provides very limited chemical protection. However it
provides excellent thermal protection. Whenever this garment is utilized,
instrumentation must be utilized air monitoring must be in place to detect
dangerous changing conditions. This ensemble includes:
I) Normal Work Uniform
2) Protective Hood (NFPA compliant)
3) Bunker Pants with Liner and Vapor Barrier (NFPA compliant)
4) Communication Device
5) Bunker Coat with Liner and vapor barrier (NFPA compliant)
6) Helmet (NFPA compliant)
7) Fire Fighting gloves with chemically resistant inner glove (NFPA
compliant)
8) Fire Fighting Boots (NFPA compliant)
9) Self Contained Breathing Apparatus (SCBA) with PASS device
' (NFPA compliant)
(b) When level 'D' protective clothing is utilized, normal rehabilitation and
personnel monitoring will be accomplished as per Fire Operations SOG. It is
important to remember that Leather cannot be decontaminated from many
chemical products.
3) There is no provision for deviation from the use of self-contained breathing apparatus
(atmosphere supplied) to air purifying respirator during initial entry at an emergency
situation. The availability and maximum level of protection afforded by the Full
facepiece SCBA dictates it's use to ensure personnel safety during initial emergency
operations at a hazardous materials incident.
(v) Maintenance, Use, Storage and Testing
Personal protective equipment will be used, stored, and maintained in accordance
with manufacturer's recommendations, and applicable policies and Guidelines.
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Annual testing of Level 'A' chemical protective clothing will be accomplished in
accordance with 29 CFR 1910.120 appendix "A" and the manufacturer's
recommendations.
Each Level "A" chemical protective garment will have it's own individual log.
All usage and testing, decontamination and exposure intbrmation will-be recorded
from accept,-mce to disposal.
(b) Respiratory Protective Equipment
(i) Self-contained Breathing Apparatus (SCBA)
(a) The most acceptable respiratory equipment for emergex~cy response to IDLH
conditions is a self-contained positive pressure breathing apparatus (SCBA)
meeting the requirements of NFPA 1981 and 29 CFR 1910.134.
(b) Members of the PBCHMRT are trained and fit tested in the use of all
respiratory protective equipment.
(c) SCBA provides the highest level of respiratory protection.
(d) Supplied air respirators will not utilized in hot zone activities xvhile IDLH
_ conditions exist or are expected.
(ii) Supplied Air Breathing Apparatus (SAR)
(a) Supplied Air Breathing Apparatus may be utilized in confined space
operations where the situation dictates that the highest level of respiratory
protection is necessitated or where the atmosphere in the space has not been
completely quantified or may change daring the rescue entry. It is imperative
that quantification of the atmosp_here occurs as soon as possible in the event
_ and engineering practices-are implemented.
(b) Supplied Air Breathing Apparatus will meet or exceed the requirements of
OSHA 29 CFR 1910.134 and have appropriate regulatory appro_vals.
(c) Air Lines tbr Supplied Air Breathing Apparatus will not exceed 300 tEet t¥orri
the air source.
(iii) Air-purifying Respirators (APR)
(a) Air-purifying Res_pirators (APR) may be utilized when:
- 1) the atmospheric contaminants, liquid splashes or other-dire~:t skin
contact will not adversely affect any exposed skin, and
_ 2) the air contaminants have been identified, measured, and the oxygen
content is between 19.5 and 23.5 % in air, and
3) a canister is available that can remove the cdntaminant, and
4) Personnel utilizing APR's will have completed. fit testing for the face-
piece.
PBCRHMRT Standard Operating Guideline 43ot'52
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4) All Respirato~ equipment will meet appropriate OSHA and NIOSH approvals in
accordance with 29 CFR 1910.120 and 29 CFR 1910.134
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SECTION 2.10 PREHABILITATION AND REHABILITATION
(a) POLICY
1) Rehabilitation of all entry personnel and decontamination personnel will begin
immediately upon exit from the decontamination corridor.
2) This function includes medical monitoring as described in the medical program
portion of this SOG.
3) A Rehabilitation Group shall be established at all incidents to which a PBCRHMRT
responds.
4) The Rehabilitation Group shall be staffed with personnel who are state certified
paramedics, approved to perform ALS procedures by the initial response agencies
medical director or the personnel's medical director.
(i) Incident Command Considerations
(a) The Incident commander shall consider the circumstances of each incident
and insure that adequate provisions are secured early in the incident, once it is
realized that the 4-hour planning period will be exceeded.
(b) Adequate rehabilitation of the responders will insure that the physical and
mental condition of the crews operating at the scene will not deteriorate to the
point that jeopardizes the responders safety or the safety and integrity of the
overall operation.
(c) All group, division, and branch officers should be a~vare of the condition of
each of the crews assigned within their span of control.
(d) Relief cre~vs should be requested early in the incident when environmental
conditions indicate that a heat stress index above 90 degrees F or a wind-
chill index below 10 degrees F will be present.
(e) The rehabilitation group shall be located in the cold zone, near the
contamination reduction corridor.
(f) Protection from environmental conditions should be considered when
choosing the location for the rehab group.
(g) An adequate supply of the tbllowing should be maintained in the rehab group:
I) Fluids (if electrolyte solutions, mix 50/50 with water).
2) Food (if possible select foods xvhich are easily converted to burnable
calories).
3) Medical supplies and medical monitoring equipment.
4) Shading devices, fans, dry clothing, etc.
5) The following information shall be maintained and recorded for all personnel at the
scene who are reassigned for rehabilitation:
(a) Pre-entry medical monitoring information for all entry team members entering
the hot zone and all decon team members.
(b) Post-entry medical monitoring information for all entry team members exiting
the decon corridor and all decon team members.
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(c) Vital signs for all responders who have been reassigned fbr the purpose of
rehabilitation.
(d) An accurate record of time in rehabilitation, fluid and food intake, and
destination of all personnel exiting rehab will be maintained.
(e) Records of all entries with accurate time in the suit and time on air will be
maintained. *NOTE - A minimum of' 60 minutes of rehabilitation time
should be documented for each 20 minute work mission in level "A"
protective equipment.
6) Constant monitoring of entry team members should be done until vital signs have
returned to pre-entry levels. Specific attention to weight loss greater than 3.0% of
total body weight, elevated core temperature, altered level of consciousness,
abnormal EKG tracings, signs and symptoms of exposure to the hazardous materials
released, and any other medical or physiological problems deemed appropriate by the
Haz-Mat Group Safety Officer should be treated.
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SECTION 2.11 ENTRY TEAM BRIEFINGS
(a) POLICY
I) Prior to making entry into a hot zone tbr the purpose of incident stabilization, the
tbllowing steps shall be taken:
(a) Tactical plan completed
(b) Site-specific safety plan
(c) Pre-entry briefing
(d) Back-up team(s) prepared and ready
(e) Appropriate chemical protective clothing selected and verified
(i) Entry Team -
(a) An Entry Team is any crew that pertbrms stabilization, rescue or any other
action within the perimeter of the Hot Zone.
(b) Entry teams shall be comprised of at least two members and shall have at least
one back up team dressed and staged in the Warm Zone.
(ii} Back Up Team --- -
(a) A B,4ckup Team is any crew that exists to §upport the entry 'te~m should tl~ey
ericounter difficulties or require rescue.
(b) Backup Teams shall be comprised of at least txvo members. Backup Teams
may be employed as the relief crew tbr an entry team at the end of their xvork
cycle at the discretion of the Haz Mat_Group Supervist~r or. Branch Director. If
the Backup Team is-deployed for any reason, a new Backup Team shall be
dressed and briefed to deploy as soon as possible.
(iii) Pre-Entry Briefing
_(a) The following entry briefing shall be conducted prior to any entry being made
into the Hot Zone:
1-) Preliminary site analysis and site safety plan
2) Product identification
3) Action plan and .objectives of the work cycle -
4) Atmospheric monitoring Guidelines, instruments and expected values
5) Communication review (Radio and Hand Signals)
6) Decontamination Guidelif~es and location of the contamination
reduction corridor
7) Emergency evacuation signals and areas of safe rethge
8) Pre-entry hydration and medical considerations
9) Estimated work-cycle duration
10) Other site .specific information
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SECTION 2.12 PRODUCT AND RECOVERY AND DISPOSAL.
(a) POLICY
l) Each jurisdiction within Palm Beach County shall respond to and stabilize all Level I
incidents within their response area. The capability and therefore the definition of a
Level I incident will vary t¥om jurisdiction to jurisdiction. In all cases the Incident
Commander should ensure that appropriate measures, complying with all applicable
regulations are tbllowed.
2) On Level II and above incidents it shall be the policy of the PBCRHMRT to contain
or secure hazardous materials only to the extent that there is no longer an immediate
threat to life, property or the environment outside of the emergency site.
3) As soon as possible, representatives from appropriate Federal, State and or Local
agencies should be summoned to the scene in order to coordinate and oversee
recovery and disposal activities. Such representative may or may not be on scene but
must be made aware of the situation. Such agencies may include but are not limited
to:
(a) State Warning Point
(b) Palm Beach County Department of Emergency Management.
(c) Florida Department of Environmental Protection.
(d) United States Coast Guard.
(e) Health Department.
(t) Department of Transportation.
(g) O.S.H.^.
(h) Law Entbrcement Agencies.
4) Once the product has been secured/stabilized, the responsible party (see: "P.B
County, County Wide Regional Hazardous Materials Ordinance of 1998." tbr
definition.) should be allo~ved reasonable time to secure an acceptable private
contractor for the removal and disposal of the product. In some instances the scene
may be turned over to such contractor with the approval of the above-mentioned
regulatory agency(s).
5) All private contractors shall meet guidelines as set forth in 29C.F.R. 1910.120 and
shall utilize appropriate P.P.E. and follow all safety guidelines as deemed necessary
by the Incident Commander, Safety Officer or Hazardous Materials Group
Supervisor. (Requirements to follow P.P.E. and safety guidelines may be waived in
the presence of existing agreements between contractors or industry and the Palm
Beach County Fire Chiefs Assn.).
6) Ifa contractor resists working within the above P.P.E. and safety guidelines,
compliance should be coordinated through the entity to which the contractor is
contracted. (for example: Department of Environmental Protection) l f compliance is
~
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not achieved, that contractor's activity shall be terminated until compliance is
achieved or another contractor can be procured.
7) In the event that no responsible party can be identified and the situation warrants
expedient removal, the Department of Environmental Protection (D.E.P.) may be
utilized to effect recovery and removal. As soon as possible and as safety, permits,
the scene should be turned over to the appropriate regulatory agency for final
disposition. The decision to do so is based upon such factors as the specific product
and it's hazards, container condition and general scene stability. As a last resort the
Incident Commander may elect to contract for recovery and disposal at the expense of
the authority having jurisdiction (local City or Municipality).
8) Containers used tbr over packing or product oft-loading and modes of transportation
shall be compatible with the product.
9) Incident Commanders that contract directly with a clean-up contractor may tbllow up
to ensure appropriate waste site facilities are used.
10) In all cases accurate records of employee hours, apparatus and equipment and
disposable items u~ed shall be kept so as to facilitate cost recovery eflbrts.
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SECTION 2.13 POST INCIDENT GUIDELINES
(a) POLICY
I) All incidents that require the stabilization, cleanup, mitigation, or handling of any
hazardous substance will require post incident Guidelines that include, but may not be
limited to, debriefing, cost recovery, post incident analysis, and after action reports.
These activities fall under the 2 basic categories of Recovery and Termination.
(i) Recovery
(a) Recovery incorporates activities such as release of mutual aid and locally
supplied, but not now needed, units at the scene; the replenishment of
equipment and supplies; and considerations given to cleanup operations.
(b) With respect to the release of PBCRHMRT, this should take place as soon as
possible after the stabilization or elimination of the situation that brought
about the emergency. Once the threat to the public, the responders, and the
environment outside of the emergency site has been eliminated, then and only
then should the PBCRHMRT begin the recovery phase of its' operation.
(c) All equipment and supplies used on the scene should be accounted for.
documented, and placed back in service or listed for cost recovery as outlined
in the cost recovery portion of this SOG.
(d) Keep in mind that personnel should also be included in these recovery
activities. The entry team members must be completely rehabilitated before
the team is ready to return to service.
(e) Any cleanup activities that are required after the emergency phase of the
incident will be monitored by the local jurisdiction to insure proper techniques
and worker safety is addressed. Refer to the Product Recovery and Disposal
section of this SOG for proper procedures and guidelines.
(ii) Termination
(a) Termination includes documenting intbrmation relative to personnel, units.
and/or incident operations; and evaluation reports and activities.
(b) A debriefing of all on scene personnel should be accomplished be~bre
departure from the scene whenever possible. Information that should be
gathered during the debriefing includes who responded to the incident, what
they did, when they did it, to what extent they were successful or
unsuccessful, who suffered what injuries, and what treatments were provided.
The accuracy and effectiveness of the Site Specific Safety Plan should also be
evaluated.
(c) To meet Hazard Communications requirements of OSHA regulations, and
"Right To Know" laws, a complete list of all substances encountered,
symptoms of exposure, specific treatments, and any workers exposed or
contaminated must be established. Every responder at the scene must be
provided the following:
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1) Names of substances involved in the incident.
2) Exact symptoms of exposure to each s~bstance.
3) Specific action to be taken for decontamination.
- (d) A timeline for the incident should be developed and recorded ~vith the
activities of all units at the scene, and any unusual occurrences that took place
during the incident.
(e) As required by 29CFR1910.120 (q), all hazardous Materials Incidents
requiring the response of 1 or more PBCRHMRT's will have a Post Incident
Analysis conducted as soon as possible after the incident. The purpose of the
PIA is to address the activities of the incident in a positive manner, with
-honest input to help identify the things worked and those that didn't work.
The PIA should examine operations, command, resources, SOG's, the
emergency response plan, and training of On scene personnel. All personnel -
who participated in the response should have input during the PIA. A record
of the PIA should be kept and included in the After Action Report.
(f) After analyzing the information generated during the debriefing and the PlA,
the findings should be summarized into a document known as the After
Action Report. Recording information about exposures and treatments, in
medical records and any other documents mus( be done with ~:onfidentiality in
mind. ~ --
(g) -Record any product exposures to equipment ~nd any decontamination
procedures or factory recertification information as needed.
(h) Be sure to include in the After Action Report, any recommendations for SOG
updates, procedural changes, and training needs identified during-the
debriefing and PIA; be sure to include a time frame to' complete and
implement the recommendations.
(i) A tblloxv-up should be comple_ted after the time frame for procedural changes
has passed to insure that the updates and changes have been accomplished as
well as to identify any problems associated with implementing the change_s.
(j) -The tedioi~s and time consuming task of Recovery and Termination is often
given a much lower priority than most other incident activities, bdt must be
completed with the-idea that accurate incident documentation will be the only
way to help recall-the incident and learn from it in years to come.
PBCRHMRT Standard Operating Guideline 51 of 52
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ACRONYMS
The following is a list of acronyms and abbreviations that are used in the Emergency
Response Plan and Standard Operating Guidelines.
Acronym Definition
ACGIH American Congress of Governmental Industrial
Hygienist
ALOHA Area Location of Hazardous Atmosphere
ALS Advanced Life Support
APR Air Purifying Respirator
ASR Area of Safe Refuge
BLS Basic Life Support
CAMEO Computer Aided Management of Emergency Operations
CBC Complete Blood Count
CFR Code of Federal Regulations
CHEMTREC Chemical Transportation Emergency Cemer
CRZ Contamination Reduction Zone
EKG Electrocardiogram
EMS Emergency Medical Service
EPA U.S. Environmental Protection Agency
ER Emergency Room
FL Florida
HMSO Hazardous Materials Group Safety Officer: Assistant
Safety Officer, Hazardous Materials
IAP Incident Action Plan
IC Incident Commander
ICS Incident Command System
IDLH Immediately Dangerous to Lite and Health
IMS Incident Management System
IV Intravenous
LEL Lower Explosive Limit
MED Group Supervisor Medical Unit Leader
MSDS Material Safety Data Sheet
NAERG North American Emergency Response Guidebook
NFA National Fire Academy
NFPA National Fire Protection Association
NIOSH National Institute tbr Occupational Safety and Health
OSHA Occupational Safety and Health Administration
PASS Personal Alarm Signaling System
PBCDEM Palm Beach County Division of Emergency
Management
PBCRHMRT Palm Beach County Regional Hazardous Materials
Response Team
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PBCRHMRT SOG's Palm Beach County Regional Hazardous Mateials
Response Team Standard Operating Guidelines
PEL Permissible Exposure Limit
PlO Public Information Officer
PPE Personal Protective Equipment
RBC Red Blood Cell Count
SAR Supplied Air Respirator with escape bottle
SCBA Self Contained Breathing Apparatus
SOG Standard Operating Guideline
STCC Standard Transportation Commodity Code
SWP Florida Division of Emergency Management State
Warning Point
TAC 2 - North Tactical communications channel for north county of
Palm Beach County Fire Rescue
TAC 4 - South Tactical communication channel Ir'or south county of
Palm Beach County Fire Rescue
Tech/Specs Teclmicians and Specialist
TLV Threshold Limit Value
Tox-Medic Paramedic trained to provide toxicological assistance in
accordance with PBCRHMRT SOG's
TWA Time Weighted Average
UN/ts United Nations Identification Numbers
REGIONAL HAZARDOUS MATERIALS
BILLING PROCEDURES
SCOPE: This procedure shall apply to all Regional Hazardous Materials Response Teams and
their sponsoring organizations.
PURPOSE: The purpose of this procedure is to ensure that all recoverable costs fi:om delivery of
Regional Hazardous Materials services are correctly documented, invoiced and receipts are
accounted for in a proper and timely manner.
PROCEDURE: Documentation of all regional hazardous materials responses shall be in
accordance with the adopted "Regional Hazardous Materials Emergency Response Plan." All
invoicing of recoverable costs associated with a regional response shall be completed in accordance
with the following procedures. The County Fire Rescue Fiscal Manager shall be responsible for the
invoicing and receipts of all cost recovery under the regional response program.
I. Delivery_ of Service
When conducting operations associated with a regional hazardous materials incident, the Officer in
charge of the Regional response team shall complete all incident documentation required by the
"Emergency Response Plan" and the three-part "Regional Hazardous Materials Billing Report"
(Form #RH - 01). This report is to be signed by the originator of the incident, if possible, and the
Officer in charge of the incident. During the incident, all disposable supplies utilized in the
mitigation of the emergency are to be tracked by using the "Regional Hazardous Materials Supply
Report" (Form #RH - 02). Once complete, the Regional Hazardous Materials Billing Report and
the Regional Hazardous Materials Supply Report are to be attached to the emergency incident report
and the entire packet forwarded to the responsible Regional Hazardous Materials Response Team
Coordinator for further processing.
II. Processing of Reports
The Coordinators of each Regional Hazardous Materials Response Team shall process all incident
reports for regional hazardous materials emergency responses for the purpose of invoicing and
reimbursement, in the following manner.
A. Invoicing: The emergency incident report, the white (top) and yellow (middle) copy of
the Regional Hazardous Materials Billing Report, the Regional Hazardous Materials Supply
Report, and the Regional Hazardous Materials Labor Report (if necessary) are to be forwarded
to Palm Beach County Fire-Rescue, Fiscal Section for processing. Each report must contain
1
the date, address and incident number of the regional hazardous materials response. All
original emergency incident reports and the bottom (pink) copy of the Regional Hazardous
Materials Billing report, the Regional Hazardous Materials Supply Report and the Regional
Hazardous Materials Labor Record'are to be retained by the responding Regional Hazardous
Materials Team.
- B. Pricing: Upon receipt of the Regional Hazardous Materials Billing and Supply Reports,
Palm Beach County Fire-Rescue, Fiscal Division, shall prepare a standard Palm Beach County
invoice. "Total Cost" shall be calculated in accordance with the provisions of Palm Beach
County Ordinance g98-13, and the most current listing of vendor pricing for supplies, or those
supply prices as documented by_the Regional Hazardous Materials Team. The invoice shall
be the standard county invoice form which includes the date, invoice number, customer name
and code, invoice amount, and the description of service provided. The description will
include th6 term "Regional Hazardous Materials Control Billing." Upon completion, the
original copy of the invoice, along with return envelope for County Finance, will be mailed
to the responsible party and the second copy will be retained by the Fire Rescue Fiscal
Division. Penalties for delinquent and/or late payments shall be in accordance with Palm
Beach County Ordinance 98 -13, Section 8.
III. Cash Receipts
Payment for all Regional Hazardous Materials Control invoices-shall be remitted to theYhtfn Beach-
County Finance D_epartment and posted to Regional Hazardohs Materials Special Revenue Account.
The revenue section of the Finance Department is responsible for depositing .the payment and
ensuring it is accounted for appropriately.
County Agencies: If the responsible.party is another County Agency, the invoice will be prepared
as an interdepartmental memo.: .This will be forwarded to the County Agency for signature and
accounting information, ne memo is returned t6 Fire-Rescue Fiscal Section for processing of the
Interdepartmental Billing document which credits the appropriate revenue account and debits the '
appropriate expe-ndimre account.
IV. Damaged/Destroyed Capital Equipment
In the event capital equipment is damaged/destroyed during a regional hazardous materials response,
the following procedure for invoicing/reimbursement is to be followed.
A. The damaged/destroyed equipment is to be documented on the Regional Hazardous
Materials Supply Report, within the space indicated as "other."
B. The Regional Response Team Coordinator shall make _every effort to include a
2
repair/replacement cost estimate with the supply report. These costs will be included in the
Regional Hazardous Materials Control billing invoice.
C. The Regional Coordinator should make every effort to repair/replace the equipment as soon
as possible, in order to assure continued compliance with the Standards of Performance.
Documentation of the actual cost of repair/replacement shall be forwarded to Palm Beach
County Fire-Rescue, c/o Fiscal Section as soon as complete.
D. Once the invoice has been paid and adequate documentation of the repair/replacement has
been provided, the County will reimburse the responsible Regional Hazardous Materials Team.
V. Reimbursement of Personnel Costs
In the event that a regional response exceeds the four (4) hour threshold and a Regional Hazardous
Materials service provider requests reimbursement for personnel costs, the following procedure is
to be followed.
A. A "Regional Hazardous Materials Personnel Activity Report" (form # RH- 03) is to be
submitted with the Regional Hazardous Materials Billing Report. The personnel report must
include all personnel utilized, all hours worked, base rate of compensation, hours at regular rate
and hours at overtime rate and benefit package rate (In percentage).
B. Personnel costs Will be detailed' in the !nvoice sent to responsible party(s) for that
emergency incident.
C. The responding Regional Hazardous Materials Service Provider shall submit a letter to the
Regional Oversight Committee requesting reimbursement of personnel costs.
D. Once payment for the invoice has been received and deposited in the Regional Hazardous
Materials Fun_d, the Regional Hazardous Materials Oversight Committee may consider the
responding agency's request for reimbursement of personnel costs.
E. If the Oversight Committee approves reimbursement for personnel costs, the County shall
reimburse the appropriate hazardous materials service provider.
VI. Unreeovered Costs '
In the event that ~eimbursable costs associated with a regional hazardous materials response is not
recovered, either because the generator of the hazard could not be identified or the generator has
failed to remit payment, the following procedures are to be followed.
A. An invoice and all required documentation are to be submitted for Federal reimbursement
3
in accordance with 40 CFR 310.
B. If reimbursement is received in accordance with 40 CFR 310, the fimds will be distributed
in accordance with this policy providing the recovered funds equal the amount of the original
invoice. In the event that the recovered funds are less than the original invoice amount, the
funds shall be distributed in the following manner: 1) reimbursement of disposable supply
costs, 2) reimbursement of capital/damaged equipment, 3) reimbursement of documented
personnel costs.
Y:\USER~-WILSONLHAZMATLHAZBIL.WPD
4
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
REGIONAL HAZARDOUS MATERIALS RESPONSE PROGRAM
50 South Military Trail, Suite 101
West Palm Beach, Florida 33415
(561) 233-0130
Hazardous Materials'Billing Report
Incident Date: Provider Code No. (Incident #)
Regional Response Team:
Name of Owner or Representative:
Address of Owner or Representative:
Nature of Incident:
A Palm Beach County Regional Hazardous Materials Team responded to the above
address, which is under the control of the above noted Representative. It was deemed
necessary to take emergency action to control the hazard found. Services were rendered
and supplies were used in the control of the incident. Pursuant to Palm Beach County
Ordinance 98-13, Section 7, it is the responsibility of the originator, or the person allowing
the discharge of hazardous materials, to reimburse Palm Beach County for all services and
supplies used.
I understand that Palm Beach County will send an invoice to the above address for
services and supplies rendered.
Signature of Company Owner or Representative
Signature, OIC Regional Haz Mat Team
RH ~ff)l rev:4/98
Page I of?
PALM BEACH COUNTY FIRE RESCUE
Board of County. Commissioners
Hazardous Materials Supply Report
Incident Date: Provider Code No. (Incident
Regional Response Team
Name o£ Owner or Representative:
Addres.s of' Owner or Representatix'e:
SUPPLY LIST UNIT OF QUANTITY UNIT COST TOT:LL COST
MEASURE
AFFF ?o - 6% tbam 5 gallon each
Emulsifier S gallon each
Soda A~h ~0 Ih Bag
Sorbent Booms (total feet) each
Sorbem Pads 15'x 15' each
Sorbent Rolls 4' x lO0' each
Spill Magic each ..
Boris Haz Ma~ stze I I (pqtr~ - each '
' Bools ] taz Mat SLZC l ~ t. pa~ each
Gloves Sdvcr Shield (pair) c.ch
Ohwes Vltoll (pair) e~ch
~toves[ Bu~'l size 10 ~2535 (pan') ea6h
c~l-,-~. :<.5,?5~p,,,-J. . , ~"~h _
Oluves. Monkey ~ip (pmr') · each
(]~oves, collon liners (pair) e~ch
~_ ~oBgle retainer rings, P~el ~5945g ~h
.. Red slip booties (p~ir) each
T~'ex Stat basic each
' 1.evel ~ suil ( 1991 compliant) each
Level B suit ( ) 992 compiler) each
Level B suiL coveralls eac~
Poly dram 20. gallon each
Poly dram 85 gallon each
Metal dram 20 gallon each
Metal dram 55 gallon each
Me~al dram 85 gallon each
Dram briers cash
Page 2 of 2
Incident Date: Provider Code No. (Incident #)
Regional Response Team
SUPPLY LIST UNIT OF QUMqTITY U,,'NIT COST TOTAL COST
MEASURE
Bucke:. _~ gallon wilh lid ca~b
Broom handle, t~eaded cadl
Broom. so~i bristle (flnor) each
Broom. surf bristle (lloor) ca~h
Brushes. 20 inch utiliD' each
Brushes. hard bristle scrub S inch each
Liquid 'ride 2 ¢. eauh
Garden hose 50 fi. each
Garden hose no~le each
Garden sprayers each
Shovel ~ Flastic) each
Visqueen 100'x 20' 10 nail each
Hand pump each
'i'rusl~ can 44 gallt,n c0C}l
Trash can liners each
Gray u'ays;dr:p pans ~ each ....
Sampie
BuYer coat ~ each
Bm¢~r,p,~nts ........ each , ,
~OOtS ( ~re ~ ...... [ each
i.P gas expandable pipe plugs, I" each
LP gas cxpandabt~ pipe plugs, 1/2" each
LP gas expandable pipe plugs, 1/4" each
LP gas expandable pipe plugs, 3/t" each
Chemical Classdier Cha~ each
Chemicu{ classifier, ~pilF~er ench
PH paperrolls each
~.4 #02
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lVlA.NAGER~,~~
SUBJECT: AGENDA ITEM ' - REGULAR MEETING OF FEBRUARY 16, 1999
FLORIDA DEPARTMENT OF TRANSPORTATION APPLICATION FOR
LOCAL AGENCY PROGRAM & CERTIFICATION
DATE: FEBRUARY 12, 1999
This is before the City Commission to approve, and authorize the
Mayor to sign, a Local Agency Program Application for Local
Agency Certification through the Florida Department of
Transportation.
The application is to certify staff in the areas of in-house
design, consultant selection and consultant design. There is no
cost to the City to make this application. Obtaining
certification will allow the City to design, select consultants
and oversee consultant designs on projects that are funded from
state and federal funds.
Recommend approval of the Local Agency Program Application for
Local Agency Certification.
ref:agmemo9
Agenda Item No.
AGENDA REQUEST
Date: 2-Feb-99
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda VVhen: 16 Feb 1999
Description of item (who, what, where, how much): Staff requests Commission
approval/authorization for Mayor to sign and submit Florida Department of Transportation
Application for Local Agency Program. Local Agency Certification. This application is to certify_
staff in the areas of In-House Design. Consultant Selection and Consultant Design. There is .no
cost to the City to make this application. Obtaining this certification will allow the City to design,
select consultants and oversee consultant designs on pro_iects that are funded from State and
Federal Funds.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-I'ACHED YES/NO
Recommendation: Staff recomme'~c~s approvak //")
Department head signature: (.~~./~~ 7~/~./~'~
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)
Account No. & Description
Account Balance
City Manager Review: :(~ ~//'<J', ..
Approved for agenda /NO .~, _ r~ ... ,-..
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
s:tengadminVdotVapVapagnda, doc
02-04-9g P12:50 IN
RECEIVED
City Of Delray Beach FEI~ 0 5 ~999
Department of Environmental Services ~"EI"Y
MANAGER
M E M O R A N D U
TO: David Harden
FROM: Randal L. Krejcarek, P.E. ~~
DATE: 2-Feb-99
SUBJECT: Local Agency Program Application for
Local Agency Certification
The attached agenda item is an application to Florida Department of Transportation
(FDOT) for the City of Delray Beach to become certified in the areas of In-House
Design, Consultant Selection, and Consultant Design. Obtaining this certification will
allow the City to design, select consultants and oversee consultant designs on projects
that are funded from State and Federal Funds.
The City already has certification in the areas of Construction Engineering and
Inspection, Bid, and Award Construction.
Thanks!!
enc.
cc Richard Hasko, P.E.
file: fdot- lap
s:~engadminVdotVapVapagnda, mem
DELRAY BEACH
~ ~ ~ ~ 16Feb1999
Mr. Gary M. Keife, P.E.
District Local Agency Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Ft. Lauderdale, FL 33309
RE: Local Agency Program (LAP)
City of Delray Beach Application for
Local Agency Certification
Dear Mr. Keife:
The City of Delray Beach is submitting five copies of the enclosed application for Local Agency
Certification in the areas of In-House Design, Consultant Selection, and Consultant Design.
The City is planning to oversee the design of the proposed federally funded beautification
project along West Atlantic Avenue. The design of this project is expected to begin this
summer.
Your timely review of the enclosed document is appreciated.
Sincerely,
David T. Harden
City Manager
enc.
cc Richard Hasko, P.E., Director of Environmental Services Department
Diane Dominguez, Director of Planning and Zoning
Chris Brown, Executive Director, CRA
Randal Krejcarek, P.E., City Engineer
LOCAL AGENCY PROGRAM
APPLICATION FOR
LOCAL AGENCY CERTIFICATION
FROM
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
ENGINEERING DIVISION
FEBRUARY 1999
APPLICATION FOR FDOT LOCAL AGENCY PROGRAM
LOCAL AGENCY CERTIFICATION
CHAPTER 1, SECTION 3
TABLE OF CONTENTS
I. ARTICLE 04, ITEM (1) PAGE
Qualification Agreement 3
I1. ARTICLE 04, ITEM (2)
City of Delray Beach Table of Organization 4
III. ARTICLE 04, ITEM (3)
Narrative of Qualifications 5
General
In-Designs
Consultant Selection
Consultant Design
IV. APPENDIX
Department of Environmental Services Resumes 7
s:tengadmintfdotVapapp99.doc ?~
LOCAL AGENCY CERTIFICATION
CHAPTER 1, SECTION 3
ARTICLE 04, ITEM (1)
QUALIFICATION AGREEMENT
Attached is an executed Qualification Agreement as required. The City of Delray
Beach is applying for Local Agency Certification in the areas of In-House Design, Consultant
Selection, and Consultant Design. The City of Delray Beach is already qualified for C.E.I., Bid
and Award Construc~on.
All designs, whether completed with in-house staff or by contract with a consultant, will be
reviewed by the City of Delray Beach City Engineer. This position is currently held by Randal L.
Krejcarek, P.E., Florida Professional Engineer Registration Number 52289.
The hearing's (if r~quired) will be reviewed and approved by the City of Delray Beach City
Engineer. This position is currently held by Randal L. Krejcarek, P.E., Florida Professional
Engineer Registration Number 52289.
Agreements will be signed by the Mayor of the City of Delray Beach. The City's Mayor is
currently Mr. Jay AJpg~m, D.D.S.
s:lengadmin~fdotllapapp~9, doc 3
~"rATE (31= ~.O~3A OEPA.~TMENT O~ ~A~ ~O~
LOCAL AGENCY C~FICAT]ON QUAL]FIOA~ON AGrEemENT ~c~ ~N~.~7
~2
..- AGENCY - Cit~ .qf ~e~ ~e~ch .......................
The noted agen~ hereby ag~ ~ ~mp~ ~ ~e follo~ng requiremen~ when developing all p~j~ on ~e Federal
Aid Highly Systems:
1. The Local Agency P~m Manua/and all policies and guidelines ~mulgated by the State of Florida
Depa~ment of Tmns~on (FDO~ ~ich a~omplish ~e ~licie5 and obj~e~ set ~ in ~tle 23,
Code, High~ys and ~ R~u~Qon5 Issu~ Pumuant ~e~to.
2. The ove~ll appro~l ~~ and ~ndi~ons ~11 ~ as foilo~:
a. The designs ~11 ~ m~ and approv~ by ~e follo~ng S~te of Florida ~ister~ Pm~ional
Engin~r.
Pos~on ~fle ~
b. The hearing's ¢ax~ngs ('d required) will be reviewed and approved by the following official or officials.
City EnK !_n..e er
Position Title or 3qtles Only
c. The contract ptar~ specifications and estimate of cost will be reviewed and approved by the following
State of Florida registered Profe_%~ional Engineer.
C±ty Eng±neer
d. Agreements w~be signed by t~e following responsible local official: . - ' ' : ":: ' :
(1) Railroad Mayor/City Manager - City of Delray Beach
Position T~Ue Only
(2) U~i~y ' Mayor/Cit. y Manager - City of Delray. Beach
(3) Come. ant Mayor/City
Posi~on TRle Only
(4) Techni=~ Sen~ces H~yor/C.~¢y w~g~-, ¢itY__o~f_ Delrmy Beach
Pos~on Title Only
e. The award of contract will be signed by the following responsible official.
Mayor - City of Delray Beach
Position 'l-~e or T'~es Only
f. If there are DELE requirements on a project, the following will be the DBE liason officer.
Ci,ty Engineer
Position TiUe
FORM
g. All projects will be designed and constructed in conformance with the requirements of the Local Agency
Program Manual.
h. The Contract Administration will be supervised by the following State of Flodda registered Professional
Engineer.
CitE EnKineer
Position T'rtle Only
i. Const~ction Administration and Material Sampling and Testing will be accomplished in accordance
the requirement of the Local Agency Program Manual. ... -
3. The agency agrees that they have the means to provide adequate expertise and will have support staff
available to perform the functions being subdelegated. The support staff may include consultant or state
services.
4. The noted agency agrees to submit the names of the approving authorities noted in Section 2 above ~ each
project prospectus.
5. Ail proje~=ts under L°C~l Agenc~ C~tification shall be aVailable for review by the FHWA an~l' the 'State ~t any
time and all project documents shall be retained and available for: inspection during the plan development and
construction stages and for a three year pedod following acceptance of the project by FHWA.
6. The FDOT Disa'ict Local Agency Program Administrator's approVal of the Local Agency CerlJficati0n may be
rescinded at any time upon request by the local agency or if in the FDOT's District Local Agency Programs
Administrator's opinion it is nece$_~3ry to do so. The rescission may be applied to all or part of the programs or
projects approved in the local agency certification. ' ....
Mayor or Chairman ..:'t , ._; -';.Date
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
The Local Agency is certified in the following functional areas: Planning Environmental Documentation
Design Consultant Selection Bid and Award Project Construction AdminL~a~;on
Approved By:
District Secreta~ Date
LOCAL AGENCY CERTIFICATION
CHAPTER 1, SECTION 3
ARTICLE 04, ITEM (2)
CITY OF DELRAY BEACH
TABLE OF ORGANIZATION
Attached are Exhibits A and B, which contain two (2) organizational charts showing the
Organization of the City of Delray Beach and the Environmental Services Department.
Exhibit A shows the umbrella City wide organizational chart, including the Mayor and
City Commission. The City Manager and the City Attorney report directly to the Mayor
and City Commission. The chart also shows that each Department Director reports
directly to the City Manager, as well as the Assistant City Manager.
Exhibit B shows the organizational chart of Environmental Services Department.
Designs completed utilizing in-house staff and the review of consultant selection and
consultant design will be handled under the direct supervision of the City Engineer and
the Assistant City Engineer. The City Engineer position is currently held by Randal L.
Krejcarek, P.E., Florida Professional Engineer Registration Number 52289 and the Assistant
City Engineer Position is currently held by Barron E. Caronite, E.I.
s:~engadmin~fdotVapappgg.doc 4
LOCAL AGENCY CERTIFICATION
CHAPTER 1, SECTION 3
ARTICLE 04, ITEM (3)
NARRATIVE QUALIFICATIONS
General:
The following narrative is supplemented with resumes (Appendix A) for key personnel
of the Environmental Services Department.
In-House Design:
The City's Engineering Division of Environmental Services Department has
considerable design experience with a variety of public works-type projects. The
following list contains projects designed with Engineering Division Staff:
Project Improvements
Silver Terrace Road. drainage, watermain
SE 4th Ave Road. drainage, watermain
SW 10th St Road. drainage, waterma~n
SE 3rd Ave/4th St Road. drainage, waterma~n
Dotteral Road Road. drainage, watermain, sanitary
Roosevelt Ave Road. drainage, watermam
SW 4th St/SW 6th Ave Sidewalks
Bucida Road Road, drainage, watermain
Bermuda Road Road, drainage, watermain
Poinsettia Dr Road, drainage
Heather Lane Watermain upgrade
Highland Ave Watermain upgrade
NW 12th St Watermain upgrade
SE 2nd Ave Road, drainage, watermain
Woods of Southridge Roads Road, drainage
These projects vary from relatively uncomplicated watermain upgrade projects to
projects more difficult in scope, such as roadway reconstruction with drainage, utilities,
landscaping and irrigation, within the Central Business District.
All in-house designs have followed standard engineering principles and have been
guided by FDOT standards and specifications. Other standards used are the FDOT
Roadway and Traffic Designed Standards, ITL Trip Generation Manual, Manual of
Uniform Traffic Control Standards, and AASHTO's Policy on Geometric Design of
Highways and Streets. The City has developed standards, based on FDOT standards,
for utility and roadway construction.
s:tengadmin~fdotVapapp99, doc 5
On each of the above projects Engineering Division staff was responsible for obtaining
survey information, preliminary and detail design, contract preparation, bidding, and
construction administration. In addition all designs include the necessary calculations
for obtaining Water Management District Stormwater Permits, FDOT Permits and HDR
Permits.
In-house designs are completed within the Engineering Division, which has a staff of
eight (8): one registered professional engineer, two E.l.'s, one CADD Manager, three
CADD Operators, and one Staff Assistant. Designs are completed utilizing four
AutoCAD workstations. Survey data is obtained digitally from private sector Registered
Land Surveyors.
Consultant Selection:
The City of Delray Beach utilizes consultants on a regular basis to perform designs of a
variety of public works-type projects. The projects range in scope from rehabilitating a
sanitary lift station to surface water management analysis to design of roads to be
reconstructed with the appropriate watermain, sanitary and drainage improvements.
The City utilizes consultants on a continuing contract basis. Within the next two months
the City will be requalifing consultants for general civil, roadway, and transportation
continuing contracts. It is the City's intent to include as part of its qualification process
the requirement that the consultant is certified by the FDOT.
Consultant Design:
All consultant design work will be completed under the direct supervision of the City
Engineer and the Assistant City Engineer. The City Engineer position is currently held by
Randal L. Krejcarek, P.E., Florida Professional Engineer Registration Number 52289 and the
Assistant City Engineer Position is currently held by Barron E. Caronite, E.I.
Consultant designs will follow standard engineering principles and will be guided by
FDOT standards and specifications. Other standards to be utilized include the FDOT
Roadway and Traffic Designed Standards, ITE Trip Generation Manual, Manual of
Uniform Traffic Control Standards, and AASHTO's Policy on Geometric Design of
Highways and Streets. The City has developed standards, based on FDOT standards,
for utility and roadway construction.
All cOnsultants, under the direct supervision of the City Engineer and the Assistant City
Engineer, will be responsible for obtaining survey information, preliminary and detail
design, contract preparation, bidding, and construction administration. In addition all
designs will include the necessary calculations for obtaining Water Management District
Stormwater Permits, FDOT Permits and HDR Permits.
s:tengadmin~fdotVapapp99, doc (~
RANDALL. KREJCAREK, P.E. (C..AT S CZAR EK)
3975 CUR~S CIRCLE, BOCA RATON, FL 33434 PHONE: 561-477-7428
Registration Professional Engineer: Florida # 52289
Georgia # 17233
Wisconsin # 25118
Education Masters of Public Administration Degree, Georgia State University, 1992
Bachelor of Civil Engineering Degree, University of Minnesota,1982
Local Government Development Program, University of Georgia, 1994
Northwestern University, Traffic Institute, 1986
Personal Married, three children, U.S. citizen, excellent health
Experience
City Engineer
City of Delray Beach, Florida 1997-Present
· Responsible for developing and administering Department's operating and capital
budgets
· Responsible for proposing and implementing traffic safety improvements
· Responsible for review and approval of all proposed developments within the City
· Responsible for implementing sanitary, water and drainage improvements
· Responsible for establishing Departmental and City wide policies and procedures
related to infrastructure improvements "
Operational Planning Division Director, Gwinnett. County DOT,
Gwinnett County, GA 1993 - '1997
· Represent the County, as a Transportation Coordinating Committee ('i'CC) Member,
at the Atlanta Region Metropolitan Planning Organization (MPO), this committee
established transportation improvement priorities and funding
· Responsible for development and submittal of Department operating ($11M) and
capital ($75M) budgets
· Coordinate and develop Department GIS system needs, applications and requests
· Represent the Department in all personnel related matters
· Develop and implement agreements with cities regarding road & storm drainage
systems maintenance
· Negotiate and develop joint venture construction agreements with Developers
· Responsible for daily activity and coordinated improvements to department's service
request system (service request system is now utilizes GIS)
· Liaison between govemment and consultant contracts
· Develop Departmental standard operating procedures for..County-wide emergency
operation plan
· Providing leadership in procurement & implementation of County wide geographical
information system (GIS), (1993 to 1997)
RANDALL. KREJCAREK, P.E. (CP. AT S c=R EK)
3975 CuR'ns CIRCLE, BOCA RATON, FL 33434 PHONE: 561-477-7428
Other Responsibilities as Operational Planning Division Director
· Served on County wide Operating Budget Committee, charged with development of
County budget submitted to Board of Commissioners (1994 to 1997)
· Served on County wide Performance Measurement Task Force (1996 to 1997)
· Served as Interim Airport Director for general aviation reliever airport (1996 to 1997)
Chief Engineer, Gwinnett County DOT 1987 - '1993
· Responsible for the design of over 50 miles of roadways and intersections
· Managed multiple road design teams & survey crews
· Prepared and managed road design contracts for work performed by consultants
· Member of County-wide Geographical Information System Management Review
Committee
· Procured and administer Department wide CADD system
· Coordinated projects designed in house with consultant design
· Prepared requests for proposals and administered consultant contract for USDA
Timber Bridge Initiative Program
Engineer I, City of Manitowoc, WI 1983 - 1987
· Responsible for design of urban (including central business district) and rural roads,
including cost estimating, bid package preparation and construction site supervision
· Proposed and implemented traffic safety improvements that were a result of City wide
traffic accident analysis
· Responsible for design and construction of municipal tennis facilities and park
waikways
° Prepared contracts and supervised annual resurfacing contract
· Prepared and implemented detour signing, for bridge replacement, through the
central business district '~
· Conducted City-wide traffic accident analysis
· Developed computer spreadsheet templates
· Preliminary layout, detail design and cost estimating for sanitary and storm sewer
installations
· Responsible for the detail design of sanitary sewer lift stations, including well sizing,
buoyancy checks, pump specifications, force main design and submittal of plans and
permit application to the State DNR
· Designed retaining walls and sheet piling
· Prepared and administered construction contracts for sanitary and storm sewer
extensions and road improvements
Activities Active in Local Church, Boy Scout and Cub Scout Leader, Coaching
(soccer, baseball), Boy Scout Wood Badge, Service at Nursing Home
Hobbies Back packing, camping, investing, reading, swimming, wood working
P, ANDAL L. KREJCAREK, P.E. (C TES CZAR
3975 CURTIS CIRCLE, BOCA R~.TON, FL 33434 ,- PHONE: 561-477-7428
Curriculum Vitae:
Education
University of Georgia, Certificate of Local Govt. Management, 1994
Georgia State University, Masters of Public Administration, 1992
Northwestern University, Traffic Institute, 1986
University of Minnesota, Bachelor of Civil Engineering, 1982
Registration
Registered Professioaal Engineer:.
State of Florida # 52289
State of Georgia # 17233
State of Wisconsin # 25118
Experience
City of Delray Beach, City Engineer 1997-Present
Gwinnett County DOT, Operational Planning Div. Director 1993-1997
Gwinnett County DOT, Chief Engineer 1987-1993
City of Manitowoc, E.,'~cjineedng Department, Civil Engineer I 1983 - 1987
Papers Written
"Analysis of In-House Road Design Process" MPA Research 1992
"GIS as a Tool for Emergency Management" MPA Research 1992
"Financing GIS in Local Government" MPA Research 1992
"Career Concept in Local Govemment" MPA Research 1991
"Gwinnett County DOT Budget Analysis" MPA Research 1991
"GIS as a Decision Analysis Tool" MPA Research 1991
"Intersection Accident Study" City' of Manitowoc, WI 1986
Seminars/Workshops Presented
"GIS & Transportation" URISA Workshop 1998
"GIS & Transportation" GIS/LIS Workshop 1997
"GIS & Transportation" URISA Workshop 1997
"GIS & Transportation" GIS/LIS Workshop 1996
"GIS & Transportation" URISA Workshop 1995
"Helping Boys Make Ethical Decisions" BSA Brownsea College 1994 & 95
Professional Affiliations
Institute of Transpor~don Engineers (ITE)
Urban and RegionaJ Information Systems Association (URISA)
National Society of Professional Engineers (NSPE)
Pi Alpha Alpha Honor Society
RANDALL. KREJCAREK, P.E. (CRATES CZAR EK)
3975 CUR'nS CIRCLE, BOCA RATON';-FL 33434 PHONE: 561-477-7428
References:
George W. Black, Jr., P.E.
Member
National Transportation Safety Board
490 L-Enfant Plaza E, S.W.
Washington, D.C. 20594
Work: 202-314-6050
Fax: 202-314-6056
Former Supervisor
Ernest Slaughter
P.O. Box 2374
Stone Mountain, GA 30086
Work: 404-730-8325
Home: 770-220-0358
Colleague
Martha M. Lombard
Geographical Information Systems Specialist
Amedcan Cadastre, Inc.
1330 21st Way South
Suite 210
Birmingham, AL 35205
Work: 205-933-6275
Fax: 205-933-1345
E-mail:74764.2724@compuserve.corn
Colleague
Resume i
Barton Caroni 'e, ILl.
· 7200 I~/~ond Avenue #145 Boca limn, K 3~187 Phone/J:ax: (561) 243-7~26
.,dPROFE$$1ONA L $UMMA R Y:
More than five years of progressively responsible experience in private sector residential and commercial land
development projects as well as municipal roadway and utility projects. Successfully developed civil
engineering design and project management skills.
.,~PROFESSIONAL WORK EXPERIENCE:
Responsibility: Review land development plans for conformance with city engineering standards. Perform
civil engineering design and project management for municipal roadway and utility improvement projects.
=~ Perform design of water distribution, sanitary sewer, roadway, storm water drainage,
city parks, and municipal parking projects.
=~ Perform pre-design planning, project scheduling, and cost estimating.
=~ Develop engineering plans, specifications, and contract documents.
=~ Coordinate with Planning, landscape, and Communi~ Improvement Departments
for complete project specification.
=~ Review material specifications and shop drawings.
=~ Coordinate with local utility companies to resolve field conflicts and provide new service.
=~ Review subdivision and site plan submissions for adherence to City engineering standards,
Platting, and Land Development Regulations. Monitor private development construction
activities to ensure sound construction and engineering practices.
=~ Review consultant drainage and hydraulic calculations.
=~ Approve private developer cost estimates and performance bonds.
Responsibility:. Progressed to Project Engineer in civil engineering department responsible for the design,
regulatory permitting, and management of a variety of land development projects in the south Florida region
ranging in size form 1/4 acre to over 250 acres.
~ Provided background research of regulatory agency records and documents for compliance with
established criteria including tax records, plats, existing regulatory permits, and existing utilities.
c> Developed detailed construction plans for site paving and grading, storm water management, water
distribution, and sanitary sewer systems.
c:~ Produced all necessary engineering calculations, data, and documentation for permit
applications as required by local, regional, and state regulatory agencies.
~ Prepared itemized cost estimates for land development improvements.
~ Reviewed material specifications and shop drawings for compliance with
engineering construction standards.
cO Performed engineering construction inspections and performance tests of storm water
management, paving, water, and sanitary sewer systems.
~ Coordinated efforts between departments in the firm to provide all necessary expertise related to
the planning and development of the project. Handled client services and design team
coordination.
Barton CaroniJ'¢,
.~PROFES$1ONAL WORK EXPERIENCE:
Responsibility: Performed entry level civil and structural engineering tasks under the supervision of a
professional civil engineer.
'=b Performed foundation, structural, and drainage design for luxury and speculation homes.
=> Performed manual and computer aided drafting.
.~ ED UCA TI O N:
Bachelor of Science in Civil Engineering, 1993
University of South Florida: Tampa, Flodda
State of Fiodda Engineer Intern ~.492ET301, 1993
Member of Chi Epsilon, Civil Engineering Honor Society
Associate Member of the American Society of Civil Engineers
,,iCoItfPUTER SKILLS:
Microsoft Windows 3.1, 95, & NT =~ Manual Typing Skills
Microsoft Office: Word. Excel & Access =~ Autodesk Autocad Release 12
Intemet & Electronic Mail =~ Netscape Navigator &Intemet Explorer
£1T¥ DF DELRI:I¥ BEI:I£H
CITY ATTORNEY'S OFFICE ~00 ~ ,~, ^~.~..~,..^~ .^~., ~,o~,~^...
TELEPHONE $61/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
~a.~ c~y
DATE: February 10, 1999
1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: MPC Grant - Maintenance Memorandum of Agreement and Resolution for
S.R. 806 From N.W./S.W. 6th Avenues through N.W./S.W. 10th Avenues
Enclosed is a copy of an agreement and resolution for the beautification of the above-
mentioned roadways.
I will send the four originals and the resolution, a copy of which is to be affixed to the
agreements, to the City Clerk.
Please place the agreement and resolution on the City Commission agenda for approval. I
have reviewed and approved the agreements as to legal sufficiency and form.
Enclosure
cc: Alison Harty, City Clerk ~ ~
~~//~1~'~
mpogrant.sar
RESOLUTION NO. 11-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELP~AY BEACH, FLORIDA, APPROVING THE HIGHWAY
BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF
AGREEMENT.
WHEREAS, the State of Florida Department of Transportation
(Department), as a part of updating the State of Florida highway
system, has agreed to reimburse the City up to fifty-five thousand
dollars ($55,000.00) of the one hundred ten thousand dollars
($110,000.00) cost to beautify S.R. 806 from N.W./S.W. 6th Avenues
through N.W./S.W. 10th Avenues under the terms of the Highway
Beautification Grant and Maintenance Memorandum of Agreement
(DSF-REIMB - Contract Number - AG 695) (the Agreement); and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to enter into the Agreement, hereby approves the
Agreement, and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are hereby
incorporated as if fully set forth herein.
Section 2. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 16th day
of February, 1999. ~
ATTEST: ~M
City Clerk
Florida Department of ransportatm q r_ .z
$E~ ~USH DISTRICT MAINTENANCE - DISTRICT 4
GOVERNOR SECRETARY
3400 West Commercial BoulevnrJ, Fort Lnue[erc~ale, Floric~n 33309-3421
TelepImne, (305) 7~7-d~200 Fax: (305) 777-~223
J~u~ 13, 1999
Ms. Michele S. Treadwell
Economic Development Manager
Community Redevelopment
24 Swinton Avenue
Delray Beach, Fl 33444
Dear Ms. Treadwel!:
RE: Palm Beach M PO Gt~nt (1998/1999) - Maintenance Memorandum of Agreement for
S.R. 806 from NW/S~E 6th Avenues through NW/SW 10th Avenues
Your grant request to Beautiful Palm Beaches for landscape improvements on subject road has been
approved for funding during the 1998-1999 cycle. I apologize for the delay which was caused by
funding identification and allocation.
Enclosed are the Maintenance Memorandums of Agreements that need to be executed by the City
of Delray Beach and returned to me for execution by the Department.. Upon execution by the
Department one copy will be returned to the City for their files along with a Notice to Proceed.
Should you have any questions, please call (954) 777-4219. Thank you.
Sincerely,__,
Landscape Architect
CBH/c
www.dot.state.fl.us (~ nEC¥¢LEO P~PEU
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB
Contract Number AG 695
THIS AGREEMENT, made and entered into this day of. 19 , by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and the ~ity_ of D~lray Beach
., a political subdivision of the State of Florida, existing
under the Laws of Florida, hereinafter called the "AGENCY".
WITNESSETH
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
Department, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a six (6) lane highway facility as described in Exhibit "A' attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facility that contains
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall
be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary
replanting; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated ., 19
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in plans and specifications included as Exhibit "B", with if any, the
following exceptions and conditions:
A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Clear zone/horizontai clearance as specified in the Plans Preparation Manual - Metric
Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D,
C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
D. Eirrigation is to be installed, the Department shall be provided accurate as built plans of
the system so if in the future there is a need for the Department to preform work in the
area, the system can be accommodated as much as possible,
E. If it bec. omes necessary to provide utilities to the median or side areas (water/electricity)
it shall be the AGENCY'S responsibility to obtain a permit for such work thought the
local maintenance office
F. During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the 1988 edition of the MUTCD and the current
Departme.nt Roadway and Traffic Design Standards (series 600),
G. The AGENCY shall provide the local maintenance office located at
, a twenty-four (24) telephone number and the
name of a responsible person that the department may contact,
H. If there is a need to restrict the normal flow of traffic it shall be done on offpeek hours
(9AM to 3PM),
I .The AGENCY shall be responsible to clear all utilities within the project limits
J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the
start of the project,
2. The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the
median and areas outside the travel way to the right of way line, excluding sidewalk and
crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S
request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, following the Department's landscape safety and plant care guidelines. The
AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas
covered with interlocking pavers or similar type surfacing (hardscape) within the median,
crosswalks, and areas outside the travel way to the right-of-way line on Department of
Transportation right-of-way within the limits of the Project. Such maintenance to be provided
by the AC:~ENCY is specifically set out as follows:
To maintain, which means the proper watering and proper fertilization of all plants and
keeping them as free as practicable from disease and harmful insects; to properly mulch the
plant bedsi to keep the premises free of weeds; to mow and/or cut the grass to a proper
length; to properly prune all plants which includes (1) removing dead or diseased parts of
plants, or (2) pruning such parts thereof which present a visual hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same size and grade as
specified in the original plans and specifications. To maintain also means to keep the
hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to
cause a safety hazard. To maintain also means to keep the header curbs that contain the
hardscape in optimum condition. To maintain also means to keep litter removed from the
median and areas outside the travel way of the right of way line. Plants shall be those items
which would be scientifically classified as plants and include but are not limited to trees, grass,
or shrubs.
2
The above named functions to be performed by the AGENCY, shall be subject to periodic
inspections by the Department. Such inspection findings will be shared with the AGENCY and shall
be the basis of all decisions regarding payment reduction, reworking or agreement termination. The
AGENCY shall not change or deviate from said plans without written approval of the Department.
3. If at any time aider the AGENCY has assumed the landscaping installation and/or
maintenance: responsibility above-mentioned, it shall come to the attention of the
Department's District Secretary that the limits or a part thereof is not properly maintained
pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the
AGENCY to place said AGENCY on notice thereof. Therea/~er the AGENCY shall have
a period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option,
proceed as follows:
(a) Complete the installation or part thereof, with Department or Contractor's personnel
and deduct the cost of such work from the final payment for said work or part
thereof, or
(b) Maintain the landscaping or a part thereof, with Department or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or private contractor's personnel, all of the landscaping
installed under this Agreement or any preceding agreements except as to trees and
palin.s., and charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted at any time in the future as determined to be necessary
by the Department in order that the state road be widened, altered or othennise changed to
meet with future criteria or planning of the Department. The AGENCY shall be given sixty
(60) calendar days notice to remove said landscaping/hardscape at, er which time the
Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
5. The Department agrees to reimburse the AGENCY an amount not to exceedS55.000
as defined in Attachment "C". Subject to this limit, the Department will pay only for the
following costs:
(a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
3
(c) Paver bricks, header curbs & other hardscape items.
The Department's participation in the project cost, as described in Attachment "C" is limited to only
those items which are directly related to this project. Payment shall not be made until (1) certification
of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a
Department Landscape Architect and/or his designee has approved the project for final payment.
(a) Payment shall be made only after receipt and approval of goods and services as
provided in Section 215.42, Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
(c) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and bills for travel
expenses specifically authorized by this Agreement, if any, shall be submitted and paid
in accordance with the rates specified in Section 112.061, Florida Statutes.
(d) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this
Agreement and for three years at, er final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
of costs incurred includes the AGENCY's general accounting records, together with
supporting documents and records, of the contractor and all subcontractors
performing work, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
(e) The AGENCY agrees to return all monies received under the terms of this
Agreement, to the Department, should the landscaped area fail to be maintained in
accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten (10) days written notice.
(b) By. the Department, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes and made or received by the AGENCY in conjunction with this
Agreement.
7. The term of this Agreement commences upon execution.
4
8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Department, its officers and employees from all suits, actions, claims and liability arising out
of the AGENCY's negligent performance of the work under this Agreement, or due to the
failure of the AGENCY to construct or maintain the project in conformance with the
standards described in Section 2 of this agreement.
9. The AGENCY may construct additional landscaping within the limits of the right-of-ways
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscaping shall be subject to approval by the Department. The
AGENCY shall not change or deviate from said plans without written approval by
the Department.
(b) All landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c) The AGENCY agrees to comply with the requirements of this Agreement with regard
to any additional landscaping installed;
(d) No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscaping added under this item.
10. This writing embodies the entke Agreement and understanding between the parties hereto and
there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
11. The Department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the Comptroller of the
Department. that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000.00 and which have a term for a period of more than 1 year.
12. The Department's District Secretary shall decide all questions, difficulties and disputes of any
nature whatsoever that may arise under or by reason of this Agreement, the prosecution or
fulfillment of the service hereunder and the character, quality, amount and value thereof, and
his decision upon all claims, questions and disputes shall be final and conclusive upon the
parties hereto.
13. This Agre~ment may not be assigned or transferred by the AGENCY in whole or part
without the.. consent of the Department.
14. This Agreement shah be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Mayor or Chairman District Secretary
Attest: (SEAL) Attest: (SEAL)
Town Clerk Executive Secretary
Legal Approval Legal Approval
6
SECTION NO.: 93030
FIN NO.(s): 40567415401
COUNTY: Palm Beach
S.R. NO.: 806
CONTRACT NO.: AG 695
EXHIBIT 'A'
PROJECT LOCATION
State Road from NW/SW 6th Avenues through NW/SW lOth Avenues
SECTION NO.: 93030
FIN NO.(s): 40567415401
COUNTY: Palm Beach
S.R. NO.: 806
CONTRACT NO.: AG 695
EXHIBIT "B"
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
8
SECTION NO. :93030
FIN NO.(s): 40567415401
COUNTY: Pelm Beach
S.R. NO.: 806
CONTRACT NO.: AG 695
ATTACHMENT 'C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant
Agreement between the State of Florida, Department of Transportation and
the AGENCY,
Dated
I. PROJECT COST: $110.000
City of Delray Beach 55,000
Department of Transportation 55.000
., $ 110,000
C:~WPDOC~M)MIN~DSF.REI {revision 07110/96)
9
Memorandum
TO: David Harden, City Manager
THRU: Lula Butler, Director, Community Improvement Department ~
FROM: Charles Bender, Coordinator, Community Development Division
DATE: February 8, 1999
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidy to two eligible applicants under the
Delray Beach Renaissance Program.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through
September 30, 1997. An agreement to extend the program for one additional year has been
approved by all partners and the City Commission. The Partnership is currently operating under
the parameters of this extended agreement.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period accounting to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than
$25,000 per unit are forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION
Staff is recommending City Commission approval to fund subsidy for the two eligible applicants
of the following property: Town ofDelray N 72ft ofW 135ft of Blk-2/$15,000
N100ft of S200ft ofE140ft ofN ½ of Lot 2/$16,100
s:\communXrenprg\comagend.doc
AGENDA REQUEST
Request to be placed on: Date: February_ 4, 1999
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: February 16, 1999
Description of item:
Authorization and approval to issue subsidy to two eligible applicants under the Delray
Beach Renaissance Program totaling $31,100.00.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy awards. Funds are to be awarded from the State
Housing Initiatives Partnership (SHIP) Program.
SHIP Total $ 31,100.00 Account # 118-1924-554-83.01
Department Head Signature: '~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items i~expenditure of funds): Funding Available: YE~3)NO *'
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda~)/NO
HoldUntil: ~ {~'~_ ~ ~'~-'
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun~ 1 \cd~renprgm\agenrequ.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES CENSUS TRACT 68.01
NAME Patricia Flowers
PROPERTY ADDRESS 7xx SW 7th Avenue and SW 4th St., Delra¥ Beach
LEGAL DESCRPTION N 100ft ors 200ft ofE 140ft of th W 305 N half of Lot 1
(100ft x 140ft)
% OF AREA MEDIAN HOUSEHOLD INCOME 63 # IN HOUSEHOLD 3
COST OF CONSTRUCTION $87,750 COST OF LOT $14,000
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 87,700.00 Community_ Finance Consortium
RATE 6.625 %
LTV 85.50 %
SECOND MORTGAGE $ Ci_ty of Delrag, HOME
$ 16,100.00 City of Delray, SHIP
$ CRA of Delray
$ Housing Authority
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 500.00
Paid at closing $ 1,777.00
TOTAL TRANSACTION $105~682.00
s:\commun~renprg\sbreqec, doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO CENSUS TRACT 67.00
NAME Sylvester and Susan Wright
PROPERTY ADDRESS 714 Nw 3rd Street, Delra¥ Beach
LEGAL DESCRPTION Town ofDelray N 72ft ofW 135ft ofBlk- 2
This is the first of four subsidy set-aside activities in coordination with the CRA for residents
displaced due to redevelopment initiatives (Commission approved July 2 I, 1998).
% OF AREA MEDIAN HOUSEHOLD INCOME 51 # IN HOUSEHOLD 6
COST OF EXISTING UNIT $18,000 COST OF REHABILITATION $74,835
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 55,000.00 First Bank of Florida
RATE 6.50 %
LTV 60.00 %
SECOND MORTGAGE $ Ci_ty of Delray~ HOME
$ 15,000.00 City of Delray~ SHIP
$ 7,500.00 CRA of Delra¥
$ Housing Authori _ty
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 309.00
Escrowed $ 100.00
Paid at closing $20,000.00
TOTAL TRANSACTION $ 97~509.00
s :\cd~-enprg\subrquest\wright
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY blAlqAGER~
SUBJECT: AGENDA ITEM~--~L' ~- REGULAR MEETING OF FEBRUARY 16, 1999
SPECIAL EVENT REQUEST/1999 BUD LIGHT PRO/AM BEACH
VOLLEYBALL TOURNAMENTS
DATE: FEBRUARY 12, 1999
This is before the Commission to approve a request from Exclusive
Sports Marketing for special event approval to allow the 1999 Bud
Light Pro/Am Beach Volleyball Tournament to be held April 24th &
25th, and a Summer Volleyball Tournament to be held June 19 & 20,
1999, both at the municipal beach. Details are outlined in the
attached memorandum from Mr. Weldon.
We have hosted these events for the past several years and they
have been very successful.
Recommend approval of the request to hold the 1999 Bud Light
Pro/Am Beach Volleyball Tournament on April 24-25, 1999, and a
Summer Volleyball Tournament on June 19 & 20, 1999.
ref:agmemoll
Agenda Item No.:
AGENDA REQUEST
Date: Feh~a~9, 1999
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 2, 1999
Description of agenda item (who, what, where, how much): Request approval
to host the 1999 Bud Light Beach Volleyball Tournament April24 & 25. 1999 and an
Exclusive Sports Marketing Summer Tournament June 19 & 20, 1999 at our municipal
beach.
ORDINANCE/ RESOLUTION REQUIRED: YES~_~O~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency wit prehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account NO. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1TY I)F I)ELAI:IY BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
AII-AmericaCity
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: 1999 Bud Light Pro/Am Volleyball Tournament
DATE: February 9, 1999
Attached please find a request from Todd Howell of Exclusive Sports
Marketing to bring the 1999 Bud Light Beach Volleyball Tournament to
Delray Beach on April 24 and 25, 1999 and June 19 and 20, 1999.
Exclusive Sports Marketing has requested the following for both
tournaments:
1.) 25-30 temporary volleyball courts with a 10' X 10' platform stage and
4 5' X 7' scaffolding towers, as well as an additional number of 10' X
10' pop-up tents used for sponsor venues around the center court area.
Seven (7) spaces for staff parking at no charge Wednesday through Sunday.
2.) I advised Mr. Hallas and he agreed to a $5.00 fee per car per day
with restricted parking at Sandoway Park. Our Ocean Rescue staff
collects this money and deposits it in their competition fund.
3.) Allow their 4X4 truck access to the beach Wednesday through Sunday.
4.) Allow signage publicizing this event and sponsors on the beach°
Their sponsor is Bud Light, a commercial beer company.
5.) Provide overnight parking, extra trash cans, and 3 - 110 outlets at
the S3 tower.
THE EFFORT ALWAYS MATTERS
6.) Mr. Howell will provide us with a certificate of insurance, naming
the City of Delray Beach as additional insured with a minimum of
$1,000,000 liability.
7.) Exclusive Sports Marketing will donate $500 for the April tournament
and $250 for the June tournament to the Ocean Rescue Division to help
fund their competition team.
As you may recall, we previously hosted the Bud Light Tournament the
previous three years and they were very successful. I recommend approval
for these events, and request you place them on the March 2, 1999 agenda
for City Commission consideration.
Please review and advise.
Jo~ ~eldon
DireCtor of Parks and Recreation
Attachments
cc: Nilza Madden
Agenda Coordinator
Rich Connell
Beach Supervisor
JW:cp
Ref:vollybal
Providing the Best in Recreation & Sports Entertainment
2 February 1999
Joe Weldon
City of Delmy Beach
340 South Ocean Boulevard ,
Delmy Beach, FL 33483
Joe:
This letter is for the purpose of requesting permission for the Bud Light Beach Volleyball Series to once
again be held in the City of Delray Beach. This letter addresses the needs and concerns of the Bud Light
Beach Volleyball Series pertaimng to the City of Delray Beach.
The tournament will consist of 25-30 beach volleyball courts with a center court area that consists of a 10'
x 10' plat~brm stage and tbur 5' x 7' scattblding towers. There will also be an additional number of 10' x
10' ~pop-up" tents sot-up around the center court are~ The dates lbr which we will hold the event are
April 24-25, 1999. This letter outlines the specific details revolved with the operation and implementation
of the evem. Exclusive Sports Marketing, Inc. requests that the City of Delray Beach:
· Provide electricity for the event at an already established outlet provided in previous years.
· Provide pafldng at Sandaway Park for the players on Apri124-25, 1999 with a smff member
collecting a $5.00 fee. Number of these spots to be determined by City.
· Allow ESM's 4x4 Truck on the beach from Wednesday to Sunday of the event week for set-
up and breakdown.
· Allow ESM's 4x4 Truck access to the beach from Wednesday to Sunday of the event week.
· Provide extra trash receptacles and d-m.nster for the event clean-up.
· Provide seven (7) staff parking spots from Wednesday to Sunday of the event week.
· Provide over-night parking for main ESM Equipment Truck.
· Provide public use of restrooms at Anchor Park.
· Advise of all restrictions as to si~tmage placed on the beach for the evem.
· Provide for Center Court area to be set-up adjacent to Sandaway Park, as in 1998.
Exclusive Sports Marketing will provide the City of Delray Beach with the following:
· Provide $500.00 donation to the Delmy Beach Lifeguards
· Name the City of Delray Beach as an Additionally Insured Party on the Series' insurance
I look forward to working with you and the City of Delray Beach in 1999. Please call me if you have any
questions or con~ierns. I may be reached at 24~1-3801, extension 103.
7
ETvent Dflpctor
Bud Ligl~ Beach Volleyball Series
RECEIVED FEB 1999
01'/08/99 13: 56 FAX 5612437270 Delray .Lifeguard
· _ _ ~
M
A, F~ KE.T!~e
Froviding the Best in R~creation & S~ ~tc~ainment
I4 D~mber 1998
Richard Conncll
_B¢~__ _.h S~r
City at Dcln~ Beach
34O South Oc~ Boulcvard
~ l~ach, FL 33483
Rich:
There is a po~'bility that we may want to com~ to De, hay ]3each twic~ {- 1999. The frst date wo~ld t~ the
~ agn~l upon Spriag lmu-~ on the weekend of April 24-25. The second dale wcmld ix; a
S~wnm~r IOtlrnnnl~t. 0n the weekend of Jtule 19-20.
WC amnot sure yet ffwe would want to do this second tourn .nm,~..' but tha~ is a possibili~ at this poim
tI~t we may wa~ to hold an event on that w_~i,e_ nt! At this point I just want to know the feasibility of
holdil~ a --cec°--l~d loor~..~ _yum_ in $i111¢.
Either Gary Hallas or myself ~ contact you soon as to wheihcr or not we would h~ to hold IJlis second
Todd
Event l~..~..g~r
[lTV OF DELIII:IV BE;ICH
CiTY ATTORNEY'S OFFICE ~°° ~"* ^~'"~" ~"^~ ~'^~", ~"°"'~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
~ 99.3 TO: City Commission
FROM: Brian Shutt, ~~ty Attorney
SUBJECT: Amendment to the Agreement Between the City and McAlpines Towing
The City entered into an Agreement with McAlpines Towing on August 5, 1998, for the
towing of vehicles for the City's Police Department. As a result of changing McAlpines
Towing from a sole proprietorship to a corporation, McAlpines Towing is requesting that
the City transfer the contract from McAlpines Towing to McAlpines Towing, Recovery
and Transport, Inc.. In accordance with Section 7 of the Agreement between the City
and McAlpines, McAlpines must first obtain the consent of the City before the transfer
may take place.
By copy of this memorandum to David Harden, City Manager, our office requests that
this amendment to the Agreement be placed on the February 16, 1999 City Commission
agenda. Please call if you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Maj. Larry Schroeder, Police Dept.
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE CITY AND CONTRACTOR DATED AUGUST 5, 1998
THIS AMENDMENT NO. I to the Agreement dated August 5, 1998 is made
this day of , 1999, by and between the CITY OF DELRAY
BEACH ("City") and McALPINES TOWING ("Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement dated August 5, 1998, to
provide that the Contractor shall provide the towing service for the City's Police
Department; and
WHEREAS, the parties desire to alnend the Agreement to provide for the
transfer of the Agreement from McAlpines Towing to McAlpines Towing, Recovery and
Transport, Inc.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. ~he Agreement dated August 5, 1998, is hereby amended to provide that
this Agreement shall be transferred to McAlpines Towing, Recovery and Transport, Inc.
3. McAlpines Towing, Recovery and Transport, Inc. shall submit to the City
within thirty (30) days of the execution of this Amendment certificates of insurance, as
required by the contract, in the nalne of McAlpines Towing, Recovery and Transport,
Inc.
4. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the
subject matter hereofi It is the final expression of agreement between the parties, thus,
neither party shall be entitled to rely upon any conflicting oral representations,
assurances, claims or disclaimers, made either prior to or simultaneous with the execution
of this Amendment.
5. Except as expressly modified in writing herein or as modified by
subsequent written amendments, all other terms and conditions of the original Agreement
and any amendments thereto survive this Amendment and are deemed to be incorporated
herein and are binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement on the day and year first hereinabove written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as te legal form
and sufficiency':
City Attorney
WITNESSES: MCALPINES TOWING,RECOVERY
and TRANSPORT, INC.
By:
Robert Jordan, President
(Name printed or typed)
(Corporate Seal)
(Nmne printed or typed)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: C I TY MANAGER ~
RESOLUTION NO. 12-99 (PAWN SHOP LEGISLATION)
DATE: FEBRUARY 12, 1999
At the January, 1999, general membership meeting, a resolution in
support of proposed pawn shop legislation was adopted unanimously
by the Palm Beach County League of Cities. Member cities were
encouraged to adopt similar resolutions and forward them to our
Legislative Delegation and the Florida League of Cities.
Resolution No. 12-99 supports the proposed legislation which would
require pawnbrokers to return stolen or misappropriated goods to a
valid claimant upon proof of ownership. The proposed amendments
to Chapter 539 (Pawnbroking) of the Florida Statues would also
allow political subdivisions to enact ordinances more restrictive
than state law.
A memorandum from Police Chief Overman is support of this
resolution is attached.
Recommend approval of Resolution No. 12-99.
ref:agmemol4
DELRAY BEACH
Delray Beach Police Department ~
NI-AmedcaCity
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM RECEIVED
FEB 1 11999
/
TO: David T. Harden, City Manager . ~/ CITY MANAGER
FROM: Richard G. Overman, Chief of Police
DATE: February 10, 1999
SUBJECT: RESOLUTION - PAWN SHOP LEGISLATION
We support this legislation as the legal owner of stolen merchandise should not have
the additional burden required of them to get their property back. This will probably
have a chilling effect on dishonest pawn shop operators on taking stolen goods.
RGO/ppt
Attachment
cc: City Clerk's Office
RESOLUTION NO. 12-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING PROPOSED
LEGISLATION RELATED TO PAWNBROKERS; PROVIDING FOR
AMENDMENTS TO SECTIONS 539.001(15) AND (20), FLORIDA
STATUTES, WHICH WOULD REQUIRE PAWNBROKERS TO
CONVEY MISAPPROPRIATED GOODS TO A VALID CLAIMANT
UPON PROOF OF OWNERSHIP AND _AIJ.OW PAWNBROKERS TO
RECOVER THEIR COSTS FROM THE CUSTOMER CONVEYING
THE MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT
POLITICAL SUBDIVISIONS MAY ENACT ORDINANCES MORE
RESTRICTIVE THAN THE STATE LAW; ENCOURAGING AI.I.
MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE
IMPORTANCE OF AND NEED FOR THE PASSAGE OF THIS BIIJ.
BY THE LEGISLATURE OF THE STATE OF FLORIDA; PROVIDING
FOR THE DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, the burden for reclamation of misappropriated goods held by a pawnbroker is
now placed on the claimant under Chapter 539, Florida Statutes, to the extent that the claimant must f~rst
petition the court when disputes between the pawnbroker and the claimant arise; and
WHEtLEAS, the claimant may be denied mediate access to his misappropriated goods
under Chapter 539, Florida Statutes, even when claimant has provided evidence of proof of ownership of
the misappropriated goods; and
WHEREAS, the amendments to Sections 539.001(15) and (20) provide that the claimant
may obtain immediate possession of his misappropriated goods subject to a later restitution claim initiated
by the pawnbroker after conveying the property to the claimant; and
WHEREAS, the proposed amendment provides that cities may enact more restrictive
pawnbroking laws than those provisions found in Chapter 539, Florida Statutes; and
WHEREAS, the proposed bill by the LegisLature of the State of Florida amending Chapter
539, "Pawnbroking", creates a more fair and just process for the return of goods to the majority of citizens
whose goods have been misappropriated in the County of Palm Beach and throughout the State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach City Commission hereby endorses passage of the
proposed legislation providing for amendments to Sections 539.001(15) and (20), Florida Statutes, relating
to claims against purchased and pledged goods and to local regulation of pawnbrokers; and urges its
members to work for passage of this amendment.
Section 2. That copies of this resolution shall be forwarded to the Florida League of Cities,
Inc., the Palm Beach County League of Cities, Inc., the Palm Beach County Legislative Delegation, and all
municipalities in Palm Beach County.
Section 3. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 16t~ day of February, 1999.
ATTEST:
- ' ~ity clerk ~/ r
- 2 - Res. No. 12-99
FRC, M: F'HONE NO.: Jan 29, 1939 10:57 AM F' 2/4
Palm I each Countf I[AGU[ O[ CI]I[S, I C.
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402
(S61) 355-4484 FAX; (561) 355-654.5 www. taJlen @co.palm-beach.fl.us
MEMOI~ANDUM
TO: City Managers RECEIVED
FP. OM: I~obert A. Burdett JAN 2 9 1999
Executive Director ~ CITY MANAGER
~ATE: ~anuary 29, 1999
SUB.TECT: Resolution - Pawn Shop Legislation
Attached is the resolution adopted unanimously by the Palm Beach County League of
Cities at their .Tanuary 27, 1999 General Membership meeting in support of proposed
pawn shop legislation.
Cities are encouraged to adopt similar resolutions and forward them to the Palm Beach
County Legislative Delegation and the Florida League of Cities.
attachment
FRC, M: F'HONE NO.: Jan 29, 1999 10:58 AM F' 3/4
RESOLUTION NO. 98:6
A RESOLUTION OF THE PALM BEACH COUNTY LEAGUE- OF CITIES, INC,
SUPPORTING PROPOSED LEGISLATION P.ELATED TO PAW NBROKERS;
PROVIDING FOR AMENDMENTS TO SECTIONS 539.001(15)AND(20),
FLORIDA STATUTES WHICH WOULD I:kEQUIRE PAWNBROKERS TO
CONVEY MISAPPROPRIATED GOODS TO A VALID CLAIMANT U'PON
PROOF OF OWNERSHIP AND ALLOW PAWN-BROICERS TO RECOVER
THEIR COSTS FROM 'rite CUSTOMER CONVEYING THE
MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT POLITICAL
SUBDIVISIONS MAY ENACT ORDINANCES MORE RESTRICTIVE THAN
THE STATE LAW; ENCOURakGING ALL MUNICIPALITIES TO EDUCATE
THEIR CITIZENRY ON THE IMPOR'rA/qCE OF AND NEED FOR THE
PASSAGE OF THIS BILL BY THE LEGISLATURE OF THE STATE OF
FLOP,.I~DA; AUTIqOI~IZING THE SUBMITTAL OF A COPY OF THIS
R.ESOLUTION TO T~tE FLORIDA LEAGUE OF CITIES, INC., THE PALM
BEACH COUNTY LEGISLATIVE DELEGATION, AND ALL
MUNICIPALITIES IN PALM BEACH COUNTY; PROVIDING .AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WH. EREAS, thc bmden for reclmnation of misappropriated goods held by a pawnbroker is
now placed on the claimant tmdcr Chapter 539, Florida Statute-s, to the extcnt flaat the claimant nmst
first petition the cotwt when dispntes between the pawnbroker and the claimant arise; mad
WHEREAS, the claimant may be denied immediate access to his misappropriated goods
undcr Chapter 539, Florida Statutes, cven when claimm~t has provided evidence of proof of
ownership of lh¢ misappropriated goods; and
WHEREAS, the mnendm.cnts to Sections 539.001(15) and (20) provide that the claimant
may obtain inmaediate possession of his misappropriated goods subject to a later restitution claim
initiated by the pawnbroker after conveying the property to the claimant; and
WItER_EAS, the proposed mnendment provides that citics may enac! mo~e restrictive
pawnbroking laws than lhose provisions found in Chapter 539, Florida Statutes;
VCI-IE.R_EAS, the proposed bill by the Legislature of the State of Florida amending Chapter
539. Pawnbroki~g. creates a more fair and jtmt process ~br the return of goods to the majorily of
citizcns whose goods have been misappropriated in the County of Palm Bcach and throughout the
State of Florida_
FROM: PHONE NO.: Ja~-~ 29, '1.999 10:58 AM F'4/4
NOW, 'I'HJEREFOI:LE BE IT RESOI. VED BY TI--IE.-. PALM BEACH COI_ENTY LEAGUE
OF CITIES, INC., THAT;
Section 1. That the Pahn 7Beach County League of Cities, Inc. does hereby endorse passage
of the proposed legislation providing for an'tendments to Sections 539.001 (15) and (20), Florida
Statulcs, relating to claims against purchased and pledged goods m~d to local regulation of
Pawnbrokers; and urges its members to work for passage of this amendment.
Section 2. That copies of this resolution shall be forwarded Io The Florida League of Cities
Inc., 'the Pahn Beach County Legislative Delegation, and all Mtmicipalities in Pahn Beach Corm .ty.
Section 3. This Resolution shall take el'feet immediately upon adoption.
PASSED AND ADOPTED this ,~-7~ dayof ~.-J~r<///'t~/X/' , 199~.
PALM BEACH COUNTY LEAGUE OF..C_~ITIES, I'NC.
Richard Radchtfe, Prestden~'5/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM ~'0 - REGULAR MEETING OF FEBRUARY 16, 1999
RESOLUTION NO. 10-99
DATE: FEBRUARY 11, 1999
This is a resolution assessing costs for abatement action
required to remove nuisances on twenty-two (22) 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. 10-99.
ref:naagmemo
RESOLUTION NO. 10-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with 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 said notice, failing which the City of Delray Beach
would proceed to correct this condition by abating such nuisance, and
that the cost thereof would be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached hereto
and made a part hereof did fail and neglect to abate the nuisance(s)
existing upon their respective lands or to properly request a hearing
pursuant to Section 100.21 and 100.22 within the time limits prescribed
in said notice and Chapter 100 of the Code of Ordinances, or if the
property owner(s) did request and receive a hearing, said property
owner(s) failed and/or neglected to abate such nuisance(s) within the
· !! time designated at the hearing wherein a decision was rendered adverse to
tl the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or s~ch agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach submitted to the City Commission a report of the costs incurred in
abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 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 I 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 upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and
shall be collectible in the same manner as mortgages and foreclosures are
under state law.
2
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
~vi~
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 notice of assessment, after which a lien
shall be placed on said property, and interest will accrue at the rate of
8% per annum, plus reasonable attorney's fees and other costs of
collecting said sums. A Notice of Lien shall be mailed, along with the
Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per 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.
PASSED AND ADOPTED in regular session on this the day
of , 1999.
MAYOR
ATTEST:
City Clerk
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 16, BLOCK 35, PB 1, P 3, GRACE BARNETT $93.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET 70.00 ADM. FEE
(309 NWIsT STREET) WEST PALM BEACH, FL 33407-3631
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS $59.00
FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF PO BOX 1993 70.00 ADM. FEE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447-1993
(322 SW 5TM AVENUE)
ESQUIRE SUB, S 80 FT OF E 150 FT OF LOT 12, DENIZ FERNANDEZ & $277.00
PB 23, P 43, PUBLIC RECORDS OF PALM BEACH ROBERT RODRIGUEZ & 70.00 ADM. FEE
COUNTY, FL A.T. OLIVA
(15549 SW 9TM AVENUE) 406 SE 3RD AVENUE
DELRAY BEACH, FL 33483
POINCIANA HEIGHTS OF DELRAY BEACH, LOT CARL J. CARTER, JR. $69.00
29, PB 26, P 245, PUBLIC RECORDS OF PALM 315 NW 12TM AVENUE 70.00 ADM FEE
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(315 NW 12TM AVENUE)
HALLER & GROOTMANS SUB, LOT 31, PB 5, P 4, RANDALL A. WALKER $44.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 414 NE 7TM AVENUE 70.00 ADM. FEE
(414 NE 7TM AVENUE) DELRAY BEACH, FL 33483
TOWN OF DELRAY, LOT 15, BLOCK 35, PB 1, P 3, FRANK & JEAN JACOBS $108.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 60 HOPE CIRCLE 70.00 ADM. FEE
(VAC LOT SO. OF 116 NW 3R° AVENUE) WINDSOR, CT 06095-3507
DELRAY SHORES, LOT 25, BLOCK 2, PUBLIC RECORDS SECRETARY OF HOUSING & $97.00
OF PALM BEACH COUNTY, FL URBAN DEVELOPMENT 70.00 ADM. FEE
(575 ANGLER DRIVE) 1320 SOUTH DIXIE HIGHWAY
CORAL GABLES, FL 33146-2926
DELL PARK, LOT 9, BLOCK 5, PB 8, P 56, PUBLIC DAVID LIEVANO $59.00
RECORDS OF PALM BEACH COUNTY, FL 250 NE 12TM STREET 70.00 ADM. FEE
(250 NE 12TM STREET) DELRAY BEACH, FL 33444
HALLER & GROOTMANS SUB, LOT 36, PB 5, P 4, DONDI REALTY GROUP, INC. $31.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 1085 70.00 ADM. FEE
(434 NE 7TM AVENUE) DELRAY BEACH, FL 33447
4
Res. No. 10-99
TOWN OF DELRAY, S 46.2 FT OF LOT 18, & N 30 FT KATHERINE JOHNSON $24.00
OF LOT 19, BLOCK 114, PB 1, P 3, PUBLIC 212 NE 7TH AVENUE 70.00ADM. FEE
RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(214 NE 7TM AVENUE)
HIGHLAND PARK DELRAY, LOT 10, BLOCK 113, ROBERT L. HORNUNG Ill $72.00
PB 2., P 79, PUBLIC RECORDS OF PALM BEACH 318 NE 7TM AVENUE 70.00 ADM. FEE
COUNTY, FL DELRAY BEACH, FL 33483
(318 NE 7TM AVENUE)
SUB 17-46-43, E 100 FT OF W 275 FT OF S 134 FT OF DELRAY BLUES, INC. $176.00
S 1/4 OF LOT 10 (LESS E 10 FT R/W & SR 806 R/W) & 909 WEST ATLANTIC AVENUE 70.00 ADM. FEE
S 45 FT OF N 189.3 FT OF E 124.8 FT OF W 274.8 FT DELRAY BEACH, FL 33444
OF S 1/4 OF LOT 10 (LESS E 10 FT R/W), PB 1, P 4,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(909 WEST ATLANTIC AVENUE)
WEST SIDE HEIGHTS DELRAY, LOT 4, BLOCK C, HATTIE L. HARWICK ESTATE $59.00
PB 13, P 61, PUBLIC RECORDS OF PALM BEACH C/O G. QUAIL 70.00 ADM. FEE
COUNTY, FL PO BOX 7043 FDR STATION
(37 NW 10TM AVENUE) NEW YORK, NY 10150-1908
ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, E. & HENRY WILSON $51.00
PB 14, P 63, PUBLIC RECORDS OF PALM BEACH PO BOX 1676 70.00 ADM. FEE
COUNTY, FL DELRAY BEACH, FL 33447
(142 SW 11TM AVENUE)
SUB OF N 1/2 OF SE 1/4 OF SE I/4 OF SW JAMES BROWN & $92.00
i/4/UNREC/LOT 1, PB I, P 3, PUBLIC RECORDS OF HATTIE L. BROWN 70.00 ADM. FEE
PALM BEACH COUNTY, FL 802 SW 3~° STREET
(802 SW 3aD STREET) DELRAY BEACH, FL 33444
SHERWOOD PARK, E 100 FT OF W 150 FT OF LOT JEFFREY GALE, TR $ 9.52
9, BLOCK 2, PB 26, P 187, PUBLlC RECORDS OF 3113 LOWSON BLVD. 70.00 ADM. FEE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(3113 LOWSON BLVD)
RIDGEWOOD HEIGHTS DELRAY, LOT 23, BLOCK RPI MANAGEMENT CORP $67.00
C, PB 14, P 44, PUBLIC RECORDS OF PALM BEACH 209 NE 95TM STREET, ST #2 70.00 ADM. FEE
COUNTY, FL MIAMI, FL 33139
(1106 SW 7TM AVENUE)
HOMEWOOD PARK REPLAT, LOT 26, OB 27, P 81, DAVID B. HOFER $ 9.51
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 640 EAST DRIVE 70.00 ADM. FEE
(640 EAST DRIVE) DELRAY BEACH, FL 33445
RIDGEWOOD HEIGHTS DELAY, LOTS 26 & 27, FRANK L. HOWARD $107.00
BLOCK B, PB 14, P 44, PUBLIC RECORDS OF PALM 3804 LATIMER DRIVE 70.00 ADM. FEE
BEACH COUNTY, FL AUSTIN, TX 78732-2204
(1026 SW 7TM AVENUE)
5
Res. No. 10-99
DELRAY SHORES, LOT 28, BLOCK 3, PB 24, P 233, PIERRE F. LAFAILLE & $- 0 -.
PUBLIC RECORDS OF PALM BEACH COUNTY, FL JEAN P. METELUS 70.00 ADM. FEE
(505 DOLPHIN DRIVE) 505 DOLPHIN DRIVE
DELRAY BEACH, FL 33445
DELRAY SHORES, LOT 14, BLOCK 8, PB 24, P 233, OTTO MITCHELL & $32 00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL EVELYN MITCHELL 70.00 ADM FEE
(2445 DORSON WAY) 2545 DORSON WAY
DELRAY BEACH, FL 33445
DELRAY SHORES, LOT 13, BLOCK 8, PB 24, P 233, GERALDINE H. MILEY $32 00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 509 FERN LANE 70.00 ADM. FEE
(509 FERN LANE) DELRAY BEACH, FL 33445
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
6
Res. No. 10-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2qAGER~
SUBJECT: AGENDA ITEM~-~REGULAR MEETING OF FEBRUARY 16, 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 11, 1999
Attached is the Report of Appealable Land Use Items for the
period February 1st through February 12, 1999. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated.
Receive and file the report as appropriate.
ref:apagmemo
THRU: DIANE DOMINGUEZ, DIRECTO,4'~ OF
FROM: JASMIN ALLEN, PLANNERy~'J)/~
SUBJECT: MEETING OF FEBRUARY 16, 1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 1,
1999 THRU FEBRUARY 12, 1999
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of February 1,
1999 through February 12, 1999.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved with conditions (6 to 0, Perez-Azua absent), a Class V site plan and
landscape plan for World Savings Bank, a proposed 8,268 sq. ft. bank and
office building to be located on the south side of West Atlantic Avenue,
approximately 655 feet east of Military Trail (former Taco Bell site). The
Board tabled action on the architectural elevations at the applicant's request.
City Commission Documentation
Appealable Items Meeting of February 16, 1999
Page 2
1. Continued (6 to 0, Keller absent), a request for a Certificate of
Appropriateness to allow a two-story addition at the rear of a contributing
single family residence located at '123 NE '1st Avenue. The Board felt that the
architectural elevation was not appropriate and requested that the applicant
revise the elevations of the addition to break-up the building mass.
2. Approved (6 to 0), a Certificate of Appropriateness to allow the demolition of a
contributing single family residence located at the southeast corner of South
Swinton Avenue and SE 1st Street (6 SE '1st Street). A parking lot will be
constructed on the site and will serve the parking requirements for the single
family house to the east which will be converted to a small retail
establishment.
3. Denied on a 6 to 0 vote, recommending to the City Commission the creation
of the Vista Del Mar Historic District. The Board directed staff to evaluate
the results of the ongoing historic sites survey, as well as property owner
support, with respect to creating a larger historic district in the surrounding
neighborhoods.
No Regular meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
February 16, 1999
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A. WORLD SAWNGS BANK ~. 123 N.E. fST AVENUE
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2. 6 S.E. IST STREET
3. ~STA DEL MAR
j ~E MILE
CI~ OF DEL~Y B~CH, FL
P~NING & ZONING DEP~TMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M~XlAGER~
SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF FEBRUARY 16, 1999
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 12, 1999
This is before the City Commission to approve the award of the
following bids and contracts:
(1) Bid award in the estimated annual amount of $10,404.00 to
Tanner Industries, Inc., via City of Boynton Beach co-op
bid, for the purchase of anhydrous ammonia to be used at the
Water Treatment Plant, with funding from 441-5122-536-52.21
(Water Treatment & Storage - Chemicals).
(2) Purchase award in the total amount of $23,756.00 to Florida
Door Control of Orlando, Inc., sole source provider, for the
purchase of a replacement electronic door entry system for
the Police Department, with funding from 001-2111-521-64.90
(Police Administrative Services - Other Machinery/
Equipment).
(3) Five year lease purchase agreement in the amount of
$700,180.21 with IBM Credit Corporation for the lease
purchase of two AS/400's Model 9406-620 from IBM Business
Partner, Midrange Support and Services, Inc., and approve
the down payment of $100,000 from the Repair and Replacement
Fund (334-6112-519-64.11).
(4) Purchase award in the amount of $27,900.77 to Contemporary
Controls and Communications, Inc., sole source provider, for
the purchase of eighteen (18) radios for the computerized
irrigation system, with funding from 001-4131-572-64.90
(Parks Maintenance - Other Machinery/Equipment).
Recommend approval of the bid and contract awards listed above.
ref:agmemo8
AGENDA REQUEST
Date: February 11, 1999
Request to be placed on:
Qonse~t
~ K~=~F~ma~ Agenda Special Agenda Workshop Agenda
When: February 16, 1999
Description of agenda item '(who, what, where, how much): Bid Award-
Purchase of Anhydrous Ammonia for the Water Treatment Plant from Tanners
Industries, Inc. for an estimated annual cost of $10,404 via the City of Boynton
Beach Co-op Bid #020-2821-99/SP.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Tanner Industries~ Inc. for the purchase of
Anhydrous Ammonia via the City of Boynton Beach Co-op Bid #020-2821-99/SP
for an estimated annual cost of $10.404.
FundinK from account code #441-5122-536-52.21
Department Head Signature'~-~-_~ ~
Determination of Consistency wit,/~prehensive P1J!
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available.~~ NO~
Funding alternative :~T~ (if applicable)
Account No. & Description:
Account Balance: ~~.o~
City Manager Review:
Approved for agenda: ~/ NO
Hold Until:
Agenda Coordinator ReView:
Received:
Action: Approved/DisapProved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor (~-
/
THROUGH: Joseph Safford, Finance Director ~J
DATE: February 11, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
FEBRUARY 16, 1999 - BID AWARD - BID #020-2821-99/SP
VIA CO-OP BID - ANHYDROUS AMMONIA
CITY OF BOYNTON BEACH
Item Before Commission:
City Commission is requested to award to Tanner Industries, Inc. for the purchase of Anhydrous
Ammonia for the Water Treatment Plant at an estimated annual cost of $10,404.
Background:
The City of Boynton Beach is the lead organization for this Co-op Bid. One (1) bid was received
on January 06, 1999, based on estimated annual quantities of the participating governmental
entities. (Documentation on file in the Purchasing Office.) A bid tabulation is attached for your
review.
The Manager of the Water Treatment Plant recommends award to Tanner Industries, Inc. per the
attached memo dated January 15, 1999. Tanner Industries, Inc. is our current contractor for this
commodity, and the City has not had any problems with their quality of service.
The City of Boynton Beach awarded this bid to Tanner Industries, Inc. at their February 02,
1999, Commission meeting. See attached memo dated February 3, 1999.
Recommendation:
Staff recommends award to Tanner Industries, Inc. for the purchase of Anhydrous Ammonia at
an estimated annual cost of $10,404. Funding from account code #441-5122-536-52.21.
Attachments:
City of Boynton Beach Memo Dated 02/03/99
Tabulation of Bids
Memo From Manager Water Treatment Plant Dated 01/15/99
LIST OF PARTICIPATING ENTITIES FOR
CO-OP ANHYDROUS AMMONIA
City of Belle Glade
Belle Glade Municipal Complex
Belle Glade, FL 33430
City of Boca Raton
201 W. Palmetto Park Road
Boca Raton, FL 33432
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
City of Lake Worth
1900 2nd Avenue N.
Lake Worth, FL 33461
City of Pompano Beach
1190 N.E. 3rd Avenue, Bldg. C
Pompano Beach, FL 33060
City of Riviera Beach
600 W. Blue Heron Blvd.
Riviera Beach, FL 33404
Village of Tequesta
250 Tequesta Drive, Suite 300
Tequesta, FL 33469
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
FROM: Don Haley, Manager Water Treatment Plant
DATE: January 15, 1999
SUBJECT: Co-op Bid Anhydrous Ammonia
City of Boynton Beach Bid #020-2821-99/SP
The Water Plant agrees with City of Boynton Beach to award to Tanner Industries the Anhydrous
Ammonia Bid #020-2821-99/SP.
I understand our trait price will be $0.204 per lb., and our estimated annual usage is 51,000 lbs. Account
code for the 1999 Budget year is 441-5122-536-52.21.
cc: Richard Hasko, Director of Environmental Services
Attachments
Memorandum From City of Boynton Beach Purchasing
MEMORANDUM
TO: All Participating Entities DATE: January 7, 1999
(see distribution list)
~[~OM: Sue Phillips SUBJECT: "Co-Op Anhydrous Ammonia"
Buyer, City of Boyrtton Beach Bid g020-2821-99/SP
Thc above mentioned bid opened, on January 6, 1999. Tanner Industries submitted the only bid with a
price of $0.204 per pound.. The City of Boyaton Beach Utilities Department recommends that the bid be
· awarded to Tanner Industries.
I have included a copy of thc tabulation sheet for your review for a co-op award,
Please indicate below it'you agree with the City of Boynton Beach's recommendation for award:
~es No
If no, please state reason:
This bid expired on January 6, 1999, however, Tanner Industries has agreed to extend the current price
for an additional 30 days (copy of letter is included). Please fax your response/recommendation to me
at (.561) 742--6306, no later than January 19, 1999 by 4:30 p.m., so that I can get this item on our
Commission agenda for the February 2'a meeting.
I will b~ mailing Copies ofth~ proposal to you separately.
DISTRIBLFFION LIST:
City of'Belle Glade -Arts: Nc'il Appel - (561) 992-2215
City of Boca Patton-Acm: Lynn Kunkel - (561) 393-7983
City of Delray Beach - Attn: laekie Rooney- (561) 243-7166
City of Lake Worth- Acm: Tom Anderson- (561) 586-1673
City of Pompano Beach - Attn: Leeta Hardin - (954) 7864168
City of Riviera Beach- Arts: Carl Sfaley- (561) 842-5105
Village ofTequesta.- Attn: Thomas Hall - (561) 575-6203
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Agenda Item No.: ~
AGENDA REQUEST
Date: Feb. 11, 1999
Request to be placed on:
Consent
XX ~~-r Agenda Special Agenda Workshop Agenda
When: Feb. 16~ 1999
Description of agenda item '(who, what, where, how much):
Purchase Award - Replacement electronic door entry system for the
Police Department to Florida Door Control of Orlando, Inc. for a total
cost of $2q.756~ as a sole source purchase.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Florida Door Control of Orlando,'Inc. for the
purchase of a replacement electronic door system for Police Department
as a sole source purchase for the total amount of $23,7,56.
F~]nd~nE from mccnunt code ~001-2111-521-64.90.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding alternatives.-~ (if applicable)
Account No. '& Description: ~|-
Account Balance:
City Manager Review:
ApprovedHold Until: for agenda: ~ NO ~
Agenda Coordinator'Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Safford, Finance Director
DATE: February 11, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
FEBRUARY 16, 1999 - PURCHASE APPROVAL
FLORIDA DOOR CONTROL OF ORLANDO, INC. FOR
REPLACEMENT OF ELECTRONIC DOOR ENTRY SYSTEM FOR THE
POLICE DEPARTMENT
Item Before Commission:
City Commission is requested to approve the purchase of the replacement electronic door entry
system for the Police Department to Florida Door Control of Orlando, Inc., for a total amount of
$23,756.
Background:
The City of Delray Beach Police Department needs to replace the existing electronic door entry
system to meet Y2K Compliance. This new system also will allow a better tracking system for
entry into the Police Department, selectively allow entrance into specific areas, and will be
monitored through our AS400 system.
This entry system is available from Florida Door Control of Orlando, Inc. as a sole source
purchase. See attached proposal dated January 12, 1999.
The Administrative Services Director of the Police Department recommends this purchase from
Florida Door Control as stated on attached memo dated January 27, 1999.
Recommendation:
Staff recommends the approval for the purchase of the electronic door entry system from Florida
Door Control of Orlando, Inc. for a total cost of $23,756. Funding from account code #001-2111-
521-64.90.
Attachments:
Memo From Administrative Services Director
Proposal From Florida Door Control Of Orlando, Inc.
DELRAY BEACH
Delray Beach Police Department
AII-Amedca City
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM
TO: Jackie Rooney
Purchasing Sup erv,~(~
FROM: David Ounghans,~ ~'
Administrative Services"Di~ctor
DATE: January 27, 1999
SUBJECT: JUSTIFICATION OF REQUISITION #68447
This memo is in support of Requisition #68447 to Florida Door Control of Orlando
in the amount of $23,756.00. The proposal by this company best meets the
requirements of the Police Department to replace the existing electronic door
entry system. The current door system is not Y2K compatible.
The new system will enable the Department more capabilities as the system will
be monitored through our AS400. This will allow a better tracking system for
entry into the building. Additionally, with the new system, we will be able to
selectively allow entrance into specific areas.
As indicated by their letter dated January 13, 1999, this company is the sole
source provider for this system. Should you have any additional questions,
please contact me at extension 7852.
DJ:rmh
RECEIVED
JAN 2 S ,1999
PURCHASING, DEPT.
JAN~l~--99 09:25 AM FLDOOR 4072§98725 P. 02
PROPOSAL
Florlda Door Conlrol of Orlando, Inc.
~ 658-2 Washburn Road
MELBOURNE, FLORIDA 32934
FI. WATS 1-800-321-6487.. FAX (407)259-8725
Melbout31e (407) 254-8011,259-2098
CBC 057943 EF# 0001068
PROPOSAL SUBMITTED TO PHONi~ [DATE
DeIray Beach Police (561) 243-7852 ] January 12, 1999
STRI'- ! '-rl ' /OB NAME" '
300 West Atlantic Avenue Card Access upgrade & addition
UITY, S'rATE and ZlP CODE 1OB I .OC.~.TION
Delray Beach, FL 33444.3666 Same
tt'ITI.'NTION: }DATE OF PLANS [lOB PIIONE
David Junghans D 8366 Smile
We Propose Ilereby it} furnish matcrial and labor:-- complete in accordance wifl~ .specifications below, fin the sum Ol':
Twenty Three Thousand Seven llundred Fifty Six ...................................... $23,756
Payment to be made as follows:
, Net Thirty Days
nvolvillg extra costs will I~ r. mculed ollly upoll written orders ~ad will become an eXlea ehaqlc over aim above thc estimate. A[~fI~CIII,~IIL¢~ cmllil~¢lll tlpOfl itt'ii;eS, aeciau.t~
)r ,~clays beyond our control. Owner to carry fire, tornado and orl~cc necessary in.~ueancc, Our workers arc fully oover~d by Wenkc:s Compcu~ution Insurance.
~s if not accepted within 45 days. Signature David Harpold
We hereby submit specifications and estimates for:
2 EA WSE 818 SC Access control unit
I EA WSE 3018 Power supply
8 EA WSE 2814 card readers
8 EA Folger Adams Electric Fail Secure Strikes
1 EA Electrical Enclosure
2 EA WSE Sensor Standoffs
1 EA WSE NexSentry Manager 32/4 Facility Management Software
4 EA WSE Model 774 MSM Multiple Switch Monitors
8 EA Magnetic door contacts
1 EA Training session on Nexsentry Manager Software
By Others: Furnish 200 mhz peuiumt PC, 64 mB ram minimum
NOTE: The above price includes cost of installation as well freight
charges, FDC has not included cost of permits.
Acceptance of Proposal- The above prices, specification and conditions am .~tisfactory and are hereby accepted.
You are Autllori?~ed to do the work as specified. Payment will be made as outlined above,
Dat~ of Acceptance: Sigllature:
J~N--15--99 05:22 PM FLDOOR 40?2598?25 P. 02
FDC
Florida Door Control tJf Orlando, Inc.
658 Washburn Road
Melbourne, FL ~2934
407-259-87?.5 fax
JaJtuary 13, 1999
Dclray Beach Police
300 West Atlantic Avenue
Dclray Beach, FL 33444-3666
Alta: David Junghans
Admininstrative Services Director
Mr Junghans:
Artsci,cd you will find our quotation for thc updating of your present c,'urd access system as well as thc
additim,al card readers you requested to add to the system. FDC is an authorized dca/et of WSE products,
aJ~d has offices located in F1 Lauderdah~, Melbourne, Orlando, Tampa, atto Jacksonville.
As amatlcr of fact, we have been listed a.s a sole source vendor for several agencies throughout thc slate fo:'
their card access and other needs. The list includes the following:
City of Lakeland Police Department
City of Jacksonville Public Parking
City of Jac~onville Police Memorial Foundation Building
University of Centra/ Florida - Orl,'mdo
University o1' Florida - Gainesville
Florida Power & Light - Statewidc
As the active WSE dealer with factory trained technicians, as well as several NexSentry Manager
imtallations, with Windows NT farmli,'~ity, we believe we qualify as a sole source vendor for your card
access needs. Any new installations of software or upgrades must be performed or certified by an
authorized dealer in good standing to protect your warr,'mty of the syslem.
Please contact me if you have any questions or need further assist~mce.
David Hurpold
Vice President
Agenda Item No.: O
AGENDA REQUEST
Date: 02-12-99
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (wh~, what, where, how much):
Approve the five Year lea~9 pBrchase agreement with IBM Credit Corporation in the amount
of ~700~180.21 for the purchase of two AS/40O's, Mode] 9406-67D~ from IBM Business Partner
Midrange Support and Services, Inc. Approve the down payment of $100,000 from the Repair
and Replacement Fund Account Number 334-6112-519-64.~.
(see attached memo and justification)
ORDINA/4CE/ RESOLUTION REQUIRED: yES/NO Draft Attached: YES/NO
Recommendation: Approval is recommended by the MIS Manager and Director of Finance.
Department Head Signature:~~~/~
Milena L. Walinski, CGFO, Acting Finance Director
Determination of Consistency with Comprehensive Plan:
n/a
City Attorney Review/ Recommendation (if applicable):
n/a
Budget D~tor Review ( on
~1/ required all items involving expenditure
of
funds).
Funding available: ~NO
Funding alternatives: {if applicable)
Account No. & Description: 334-6112-519-6.~.11
Account Balance: $297.651.03 3-~/0~-~1
City Manager Review:
ApprovedHold Until: for agenda: ~/ NO ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From~4k~oseph Safford, Finance Director
Subject: Agenda Item # OO'~,~ City Commission Meeting
February 16, 1999 - Lease Purchase Agreement IBM Credit Corp.
Two AS/400's Model # 9406-620
Date: February 11, 1999
ACTION
City Commission is requested to approve the five-year lease purchase agreement with IBM Credit Corporation
in the amount of $700,180.21 for the lease purchase of two AS/400's Model 9406-620 from IBM Business
Parmer, Midrange Support and Services, Inc.and approve the down payment of $100,000 from the Repair and
Replacement Fund #334-6112-519-64-11. Original funding for debt service for fiscal year 1998-99 is included
in the Repair and Replacement Fund.
INFORMATION
As you know the Police Department's AS/400, purchased in 1991, is severely undersized, due to the growth of
the HTE Public Safety System (which replaced the limited A.L. Rorke Police system) and additional users,
functionality and the Y2K compliance overhead. The City Hall AS/400 Model D70, purchased in 1991 is also
experiencing performance degradation due to the obsolesce of the hardware and limitations of the HTE
software restricted by the current version (V3R2) of the IBM operating system (additional justification
attached).
The total cost of the recommended two AS/400's Model 9406-620 is $700,180.21. A detailed breakdown of
the AS/400 hardware and software components is attached. The lease purchase agreement with IBM is for
$4,526.18 per month for five years for the Police Department's AS/400 and $6530.25 per month for five years
for the City Hall AS/400, with an interest rate of 4.0%.
RECOMMENDATION
Staff recommends City Commission approval of the five-year lease purchase agreement from IBM Credit
Corporation and the lease purchase of two AS/400's Model 9406-620 from IBM Business Partner, Midrange
Support & Services, Inc., 72 Southeast 6th Avenue Delray Beach Florida, State Contract #250-050-97-1, and
approve the required down payment of $100,000 fi'om the Repair and Replacement Fund #334-6112-519-64.11.
Additional Justification
AS/400 Model 9406-620
1. IBM's support of the current version (V3R2) of the Operating System that runs on both AS/400's will end in
May 31, 1999.
2. IBM has announced that there will be no more enhancements to the current (V3R2) Operating System.
Therefore, any HTE enhancements that take advantage of the features and functionality of the new IBM
operating system (OS/400) will not be available.
3. The older equipment, although thus far very dependable, is more prone to failure and more expensive to
maintain.
4. The Y2K version of the HTE Public Safety System requires more overhead then is currently available on the
current Police Department's AS/400.
5. Less physical space. The new hardware is more compact, requiring a smaller area.
6. The new hardware runs more efficiently requiring less electricity resulting in lower operating cost.
7. The City Hall and police Department will be operating identical systems. This is very important for critical
disaster recovery purposes, i.e., critical applications such as Payroll, Purchasing, Accounting, etc., currently
operating on the City Hall AS/400 computer could be loaded and run on the Police Department's AS/400 in an
emergency situation. Currently the Police Department's AS/400 is a smaller model and could not accommodate
the City Hall software. However, although the current fault tolerance or "hot-site" backup were the critical
Police CAD (911) system will continue to operate on both City Hall and Police AS/400's would operate faster
and more efficiently due to stronger and redundant networking links..
8. Faster/larger tape backup for unattended backup. Utilizing the new backup software ADSTAR will also allow
for automatic backups of Intel based PC servers throughout the City. This will result in a shorter backup
window in the evenings.
9. AS/400 Facsimile Support for the AS/400 will allow for automated faxing of any AS/400 documents, i.e.
Purchase Orders, etc.
10. No additional costs for the entire project. IBM will perform the entire migration; System transition Services
& Upgrade Assistant Services.
11. 5 year hardware/software maintenance and AS/400 support is also included.
12. City Hall AS/400 - The internal disk space is increased from 1.2GB in the existing AS/400 to 50.28GB in
the new AS/400. The memory is increased from 192MB in the existing AS/400 to 1.24GB in the new AS/400.
As a result, the relative performance rating of the new AS/400 at 120CPW (Commercial Processing Workload),
in comparison to the existing AS/400 at 32.3CPW reflects an increased performance of 3.71 times better than
the existing AS/400. This equates to faster throughput and significantly improved turnaround and response
times to the user.
13. Police Department AS/400 - The internal disk space is increased from 3.9GB in the existing AS/400 to
58.66GB in the new AS/400. The memory is increased fi.om 80MB in the existing AS/400 to 1.24GB in the new
AS/400. As a result, the relative performance rating of the new AS/400 at 120CPW in comparison to the
existing AS/400 rating at 17.1CPW reflects an increased performance of 7.01 times better than the existing
AS/400. This equates to faster throughput and significantly improved turnaround and response times to the user.
This increase in performance in the Public Safety System is extremely important to maintain sub-second
response time for CAD (computer aided dispatch), i.e., 911.
14. Five year maintenance costs for both systems are included in the financing of the new systems, therefore
approximately $22,180 of the current maintenance costs for the City Hall AS/400 and approximately $20,000 of
the current Police Department's AS/400 will be eliminated fi.om the departmental budgets starting in Fiscal 99-
00.
City of Delray Beach
CitlH4~.
Current Future
Model/Type 9406-D70 9406-720
Processor ~2544 ~2061, w/~1502
Relative Performance 32.3 120
Memory 192 1.24GB
Internal DASD 1.2 GB 50.28 GB
External DASD, 9337-480, Qty=2 46 GB 46 GB
RAID 5 Yes Yes
10/100 Ethernet N/A 2
Token Ring Yes, Qty=2 Yes, Qty=3
Twinax Workstation Controller 200 users 200 users
ASCII Workstation Controller Yes Yes
V.24 Comm Lines 7 7
V.35 Comm Lines 4 4
Tape #1 3490-D42 3490-D42
Tape ~r2 3430-A01 9348-001
Tape #3 N/A 3570-C02
Diskette Unit, 8 inch 9331-001 Delete
CD ROM N/A Yes
Total List Price of CPU: $ 168,075.00
7852-400 Modem $ 525.00
3570-C02 $ 30,725.00
Used 9348-001 Tape Drive $ 1,500.00
Software V3R2-V4R2 P30 Group: Description : Price
5716-DCT Lang. Dictionaries: Language Dictionaries $
5769-SS1 OS/400 $
8136/8137 Tips/Tools, Backup/Recovery $ 23.00
#0307 M&S EXT $ 995.00
5769-XW1 Client Access Win Family $ 8,250.00
5769-XY1 Client Access Family Delete
5769-PW1 App. Dev. Tools $ 7, 550.00
5769-DB1 S/38 Utilities Delete
5769-WP 1 OfficeVision 200 users $ 12,200.00
5769-QU1 Query $ 1,920.00
5769-ST1 DB2 Query/SQL $ 1,920.00
5769-RG1 RPG $ 7,200.00
5801-AAR, ~2147 ADSM for Windows NT $ 795.00
#0815 ADSM for WinNT 10 user $ 1,000.00
#0817 ADSM for WinNT Net. Ed Enabler $ 4,200.00
5769-BR1 Backup Recovery & Media Services $ 2,700.00
5769-JS1 Job Scheduler $ 5,185.00
5769-RD1 OnDemand $ 2,000.00
5798-TBY IBM Facsimile Support $ 2,000.00
Total List Price: $ 258,763.00
Total Discounted Price, 20% off: $ 207,010.40
IBM SysTrans Services: $ 11,820.00
IBM Upgrade Assistant Services: $ 2,500.00
5 Year Software Subscription $ 69,942.00
5 Year Support Line: $ 38,783.00
5 Year EMO MRSO Maintenance, System, Modem, Tape Ddve: $ 27,107.96
IBM Installation of Features, etc.: $ 2,646.00
Grand Total: $ 359,809.36
Trade-In of old AS/400: $ 5,350.00
Net Total: $ 354,459.36
Estimated 5 Year Lease Price Per Month: $ 6,530,2.5
City of Delray Beach
_
Gurrent Future
Model/Type 9406-F45 9406-720
Processor #2593 #2061, w/#1502
Relative Performance 17.1 120
Memory 80 1.24GB
Internal DASD 3.9 GB 58.66 GB
External DASD, 9337-480 12.5 GB Delete
RAID 5 N/A RAID 5
10/100 Ethernet N/A 2
Token Ring Yes, Qty=2 Yes, Qty=2
Twinax Workstation Controller 160 users 148 users
ASCII Workstation Controller N/A N/A
V.24 Corem Lines 11 7
V. 35 Comm Lines N/A 2
Tape #1 3490-D41 Delete
Tape #2 2440-A10 Delete
Tape #3 J N/A 3570-C01
CD ROM I N/A Yes
Total List Price: $ 177,840.00
3570-C01 Tape Unit $ 20,725.00
7852-400 Modem $ 525.00
Software V3R2-V4R3 I Description Price
5769-SS 1 IOS/400 -- $ 4,000.00
#0307 IM&S Ext. $ 995.00
8136/8137 -- ITipsTools, BackupRecover $ 23.00
5769-XW1 Client Access Win Family $ 8,250.00
5769-XY1 Client Access Family Delete
5769-PW1 App. Dev. Tools $ 11,175.00
5769-WP1 OfficeVision (75 users) $ 4,700.00
5769-QU1 Query $ 5,760.00
5769-ST1 DB2 Query & SQL Dev. Kit $ 9,600.00
5769-RG1 RPG $ 10,800.00
5769-BR~- IBRMS -- $ 2,700.00
5769-JS1 I Job Scheduler $ 5,185.00
5798-TBY IBM Facsimile Support $ 2,000.00
Total List Price: $ 264,278.00
Total Discounted Price, 20% off: $ 21'1,422.40
IBM SysTrans Services: $ 10,200.00
IBM Upgrade Assistant Services: $ 2,500.00
5 Year Software Subscription $ 69,942.00
5 Year Support Line $ 38,783.00-
~-Year EMO MRSO Maintenance $ 18,223.45
Grand Total: $ 351,070.85
Trade-In of old AS/400: $ 5,350.00
Net Total: $ 345,720.85-
Estimated 5 Year Lease Price Per Month: $ 4, .526..18
Midrange Support & Service, Inc.
Business 72 Southeast 6th Avenue (U.S. Hwy I)
Delray Beach, Florida 33483
Partner 561 272 5883
Fax 561 272 1733
Midrange Support & Service, Inc.
Municipal AS~400 Installations
· City of Cocoa
· City of Cocoa Beach
· City of Coral Springs
· City of Deerfield Beach
· City of Hallandale
· City of Lake Worth
· City of Naples
· City of Tarpon Springs
· City of West Melbourne
· Indian River County Supervisor of Elections
· Town of Jupiter
· Town of Palm Beach
Midrange Support & Service, Inc.
United States
June 1, 1998
Mr. St,~phen J. Marinak
President
Midrange Support & Service, Inc.
72 Southeast 6th Avenue
(U.S. Highway 1)
Delray Beach, FL 33483
Dear Steve:
This letter is to recognize your contribution to the project of installing and migrating to the new
AS/400. Your effort and dedication went beyond the call of duty, and was invaluable in bringing
the project to a successful conclusion.
On behalf of The Breakers, we sincerely thank you.
With best regards,
Atesh Chandra .?J~
Vice President - Adminislmtion l~irector - Management Information Systems
AC:aw
ONE SOUTtt COUNTY ROAD · PALM BEACII, FLORIDA 33480 · TEI.F, PHON[ (561) 655-6611 · F^CStM~I_E (561) 659-8403
h r tp:l/w~v, thebreaker~_com
GOLF EQUIPMENT
August 10, 1998
Mr. Stephen J. Marinak
AS/400 Marketing Manager
MIDRANGE SUPPORT & SERVICE INC.
72 Southeast 6~' Avenue
Delray Beach, FL 33483
Dear Steve:
I just wanted to take this opportunity to let you know how much I appreciate all
the support and service you and your team gave to us.
The AS400 product you sold us performs well beyond our expectations. The
service you provided during the initial implementation, as well as the ongoing
support, also were well beyond what we would ever have expected.
It has been a real pleasure doing business with a "Class A" organization such as
yours.
Thank you for making my life a little easier.
Robert R. Co,~
Chief Finandial Officer
RRC/imp
NICKLAU$ GOLF EQUIPMENT COMPANY, L.C.
7~30 BYRON DRIVE · WE~T P~,LM BEACH, FL $$404 · (S$1) 89t-7~15 · I-~1OO-:3'~2-1~73 · FAX (lB61)
A FLORIDA LIMITED LIABILITY COMPANY
GOLDEN BEAR GOLF CENTERS, INC.
June 24, 1998
Mr. Steve Marinak
Midrange Support & Service, Inc.
72 Southeast 6~ Avenue (U.S. Hwy 1)
Delray Beach, Florida 33483
Dear Steve:
I wanted to thank you for your involvement with the purchase and implementation of our
new Point of Sale / Merchandising system in our 14 Golden Bear Golf Centers stores and
the home office.
Your experience with IBM Credit Corp. was invaluable in the structuring of our lease.
You always knew the fight calls to make and insights on the most favorable ways to
structure the agreement.
In addition, your assistance with the purchase of our AS/400, Tape Unit, UPS System,
and modem made that process very smooth. We thank you particularly for expediting the
ordering and delivery process of the AS/400 so that we could meet our tight project
deadline.
The installation services you provided (including integrating the AS/400 to the existing
ethernet network, configuring all workstations and the AS/400, installing the AS/400, and
general setup of the AS/400) made the process of getting our system "up and going" a
much easier process.
Throughout all of these services you have been very professional and a pleasure to work
with. I will highly recommend your services in the future.
Sincerely,
Rick Howard
System Manager
1t780 U.S HIGHWAY ONE · NORTH PALM BEACH · FLORIDA 33408 · 561.626.3900 · FAX: 561.626_4104
A Golden Bear Golf Company
Agenda Item No.:
AGENDA REQUEST
Date: January 28, 1999
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 2, 1999
Description of agenda item (who, what, where, how much): Request approval
to award purchase of 18 radios for our computerized irri~ation system at a total
cost of $27,900.77 to Contemporary Controls and Communications, Inc. as a sole
source prQvider. ~unds are available fromaccount #001-4131-572-6%..~0,
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature: _~
Determination of Consistency with~Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of fun4s):
Funding available: ~ NO
Funding alternatives: (if appl~cabl9)
City Manager Review:
ApprovedHold Until: for agenda: ~/ NO~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1TY OF OELAI:IY BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, (561)
FLORIDA
33444
243-7000
AII-AmeficaCity
1993 MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Computerized Irrigation System
DATE: January 28, 1999
Since 1991 we have been upgrading our standard irrigation system to a
computerized irrigation system. We started with 7 Motorola MIR-5000
units in the field. Since 1995 we have upgraded to Motorola Irrnet; we
have 5 of these units in the field. These units are linked to our
central computer which is housed in our maintenance office. They
communicate irrigation data through a trunked radio system which informs
us of water usage and any trouble which may occur in the field, such as
broken lines, broken valves, clogged heads, etc. This allows us to
immediately respond to these areas to make repairs and/or adjustments.
Currently, we rent air space from Nextel and they own the frequency that
we use. They have informed us that, as of February 28, 1999, they will
no longer supply this air space to us.
As you know, we have taken steps to change our system by obtaining a
frequency from the Federal Communications Commission which we now own.
We have also budgeted for the replacement of 18 radios in the field.
Each MIR-5000 unit will require one radio and each Irrnet unit will
require two radios to send the information back to the central computer.
The units for the MIR-5000 are total replacements and the units for the
Irrnet are retrofitted units. One radio will also be housed at the
central computer site.
Attached please find a letter from Ron A. Painchaud, Senior Account
Market Manager for Motorola, in which he states that Contemporary
Controls and Communications, Inc. is the only Motorola authorized and
contracted reseller of Motorola radio controlled irrigation products in
Florida and the southeastern part of the United States.
THE EFFORT ALWAYS MATTERS
Printed on R~j,,cled P,~oor
2
By this memorandum I am requesting that the purchase of 18 radios (10 at
a cost of $1,680.05 each and 8 at a cost of $1,400.0288 each) at a total
cost of $27,900.77 be placed on the February 2, 1999 agenda for City
Commission consideration, and that the purchase be approved from
Contemporary Controls and Communications, Inc. as the sole source
provider. Funds were budgeted in this year's operating budget and are
available in account #001-4131-572-64.90.
Dir~or of Parks and Recreation
Attachments
cc: Jackie Rooney
Purchasing Supervisor
Ray Eubank
Parks Superintendent
Nilza Madden
Agenda Coordinator
JW:cp
Ref:dhradios
ent~By: RgN PATNCHAUD; 949 366 0801; Jan-19-99 8:28AM; Page 2/2
MOTOROLA
Communice~ions and ~le¢oonics In~.
Jammr7 11, J 999
City of Delray Beach
Director of Parks and Recreation
Attn: Joe Weldon
100 NW, 1" Ave,
Delray Beach, FL 33444
Subject: Motorola Radio Coutrolled Irrigation Products
Please accept this letter as confirmation that Contemporary Controls, Inc. is the only
Motorola authorized and contracted reseller of Motorola Radio Controlled Irrigation
Products in the Florida are& and the south eastern part of the United States.
Darl Holman, OwI1cr OT k;ontemporary IrrlSal:lorl, l. II¢. lltg5 Jg Ut. mt[~tUL IXUt~O~ ~-~m~5 mm ~a
resell Motorola irrigation products manufactured by Motorola Worldwide Data Solutions
Division. Within the irrigation Fixed Data products, Dan Holman has achieved a level of
expertise, trained and supported by Motorola specialists assigned to irrigation products.
Mr. Holman's primary objective is the sale and support of Motorola and other
complimentary irrigation products in the southeastern part of the country.
Motorola has complete confidence in his abilities to serve and represent Motorola Fixed
Data irrigation products in a competent and pro~k:ssional manner.
If you have any immediate questions, I cnn'be reached at (949) 366-0555.
Or, page me at 1-800-759-8888 Pin # 18543.
MOTOROLA RNSG
Ron A. Painchaud
Senior Account Market Manager
Western D/v/sion
g~80 Carroll Canyon Rca0, San Di~.qo, (_;A 92131 (619) 578-2222 1-800-445-3620 - .'
' ~'%~ PROPOSAL
CONTEMPORARY CONTROLS &
co~v~CAr,O~S, r~c.
PO BOX 729 [ It8/99 4066
LABELLE. FL 33975
NAME / ADDRESS
; CITY OF DELRAY BEACH
320 S.W 4TIt STREET
DELRAY BE.~.CH. FLORIDA 33444
i
IATTENTION: TIM SIMMONStSTEYE
ITEM DESCRIPTION QTY RATE TOTAL
T'~-~9(~'~ ............ ~ET ~ RADIO KIT. ]~W, ~0~70 ~Hz ]0 ]fi70.~4 ] ~
F~I~IB I~NET UHF R&~[O O~Y. 15W, 45~70 ~Z 8 1,400,02~75 ~ I 1,200.23
~ ,I,'/ ~'~
/
I
SIGNATURE
1300 N. Flora Mango Rd,, Suite
West Palm Beach. FL 33409
Feb. IZ to99
'F~rn $tmrtlons
City of Delra~ Bcach
100 NW 1" Ave
Deltas' Beach. FI. 33aaa
Dear Mr Strrtmons'
This letter :$ to cottfiml our ¢o.,,ersation in reference to your c~trrcat computenTcd trrigaUon .~ysrl. cm :uld
thc Ncx-tel analog radto challXtC]$ you are currcntl? using. Ncxtcl does not cutrcntl? offer a digital solalaon
for .~ ottr tclemetry or control sygems
Thc current Ncxtel analog .~'stcm is scheduled to bc deconstructcd because of tile need for those anal,~g
channcls m the new digital system If you have any 'urtlaer que~ons ple. a~e call fccl free to contact me at
~y t]me
Manager
DELRAY BEACH
Pa&s 6 Recreat °n
MEMORANDUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: Tim Simmons, Assistant Parks Superintendent
SUBJECT: Justification for Sole Source for Radios
DATE: January 29, 1999
Following is the background of the frequency and the radios for the
computerized irrigation system. Nextel, the current provider of the
frequency they have been renting to us, is changing over from an analog
system to a digital system. It is for that reason that they will no
longer be able to rent us the same frequency after February 28, 1999.
Motorola's system, the current provider of the computerized irrigation
system, is not capable of operating off a digital frequency. Since we
are keeping Motorola's system, we cannot continue with Nextel's
frequency.
Omnicom is presently working with the City to provide radio frequency for
verbal communications for the Police Department, Fire Department, Public
Works and Parks and Recreation. However, the Motorola Irrnet irrigation
system transmits data, not verbal information. That is why Omnicom
cannot provide us with radios that would work with our Irrnet system.
Therefore, the only option left to us since we are keeping Motorola's
computerized irrigation system, is to use the only authorized and
contracted provider of the radios we need to continue receiving data on
irrigation.
Tim Simmons
Assistant Parks Superintendent
TS:cp
Ref:tsradios ~ -~,
~ ~!~!VE~ jAN ~ ~ ~999
50 Northwest 1st Avenue ,, Delray Beach, Florida 33444
(561) 243- 7250 · Fax' (561) 243-7268
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF FEBRUARY 16, 1999
PROPOSAL REGARDING SALE OF TENNIS CENTER NAMING RIGHTS
DATE: FEBRUARY 12, 1999
Attached is a draft proposal from Brahm Dubin for selling naming
rights for the Delray Beach Tennis Center. Mr. Dubin will attend
Tuesday's meeting to present the proposal and answer questions.
The Commission will be asked to approve releasing the proposal and
authorize Mr. Dubin and City staff to negotiate for sale of the
naming rights for the Tennis Center.
ref:agmemol9
D 'LR V
T .HHIS C .PIT .R
' 111'
De/ray Beach
Tennis Center
ELRAY BEACH
TI;:NNI. CENTER
The City of Delray Beach desires to sell
naming rights for the Delray Beach Tennis
Stadium/Center.
The Delray Beach Tennis Center is now recog-
nized as a world renown tennis venue having re-
cently been selected as the site for the 1998 Davis
Cup Finals.
At present, Delray Beach Tennis Center hosts the Chris Evert Pro
Celebrity Tennis Classic, the Matchpoint Championships, an ATP
Tour Event, monthly USTAAmateur Tennis Tournaments, and daily
activities attracting in excess of 75,000 players annually.
Our All America City is well experienced in special events and looks for-
ward to working closely with a major corporation who will benefit from a
long term relationship with a City now recognized as "The Best Run Town
in Florida," by Florida Trend Magazine. ~,~~
Detray Beach
Tennis Center
E L R A Y B E A C H
T[HHi. ([HT[R 'llllJ
1. On Site Electronic Marquee Sign
· Name/logo will be placed on a new 2 sided electronic marquee sign located on
Atlantic Avenue in front of the Delray Beach Tennis Center
· Name/logo on all Center stationery and marketing collateral
· Center telephone- name included in greeting
· Uniforms - name/logo on all staff uniforms
1[.Matchpoint Championships
· Stadium court signage
·1 Sign at court level
· I Sign on the upper level
· 2nd Courtsignage
· I Sign at court level
· Recognition as a host site co-sponsor on sponsor board at tournament entrance
· Recognition as a host site co-sponsor on draw board prominently displayed on site
· Identification at sponsor's courtside box on stadium court
· 1 public address announcement per match on stadium court
· Recognition as Named Venue on national coverage for all televised matches - 40
million viewing audience
III. Chris Evert Pro Celebrity Tennis Classic
· Recognition as Named Venue on national coverage for I televised match - 40 million
viewing audience
· Advertising coordination on an annual basis with the Greater Delray Beach Chamber of
Commerce, Tourist Development Council and Palm Beach County Sports Commission
· Advertising coordination on an annual basis with USTA amateur toumaments
· I Full page 4 color advertisement in the Matchpoint Championship tournament program
· 1 Full page 4 color advertisement in the Chris Evert Pro Celebrity tournament program
· Name/Logo included in all print and promotional materials produced by Matchpoint, where
applicable
· Advertising coordination with the Chds Evert Pro Celebrity Tennis Classic
· Assistance in designing promotions and creating tournament related mar- /~~c.y of
keting programs for both the Chris Evert Pro Celebrity and the Uatchpoint [~.-~'~
Championship '~'~-Deiray Beach
Tennis Center
E L R A Y B E A C H .~,~^~,
T[NNI. ( [NT[R '11
· Sponsor may supply product to spectators, players, press and toumament VIP's
,,,73. 9/]4e~bers4;ps
· 4 Annual tennis memberships at the Oelray Beach Tennis Center
· 4 annual golf memberships to Delray Beach Golf Club
L Matchpoint championship
· 4 Courtside box seats on stadium court per session
· 2 Reserved seats on stadium court per session
· 8 General admission seats on stadium court per session
II. Chris Evert Pro Celebrity
· 4 Courtside box seats on stadium court per session
· 8 General admission seats on stadium court per session
· 4 VIP parking passes per session, both events
III. Matchpoint Championship
· Invitations for 6 people
· Sponsor/Player Jubilee
· Grand Finale
IV. Chris Evert Pro Celebrity
· Invitations for 4 people
· Champions Cocktail Reception
· Gala Black Tie Dinner Dance
I. Matchpoint championship · 2 Official tournament polo shirts
· 2 Official tournament T-shirts
Naming Rights Sponsorship is available for a minimum of 3 years
at $650,000 payable as follows'
1999$175,000
l 000 I115,000
1001$150000
, Oetray Beach
Tennis Center
The Delray Beach Tennis Center has the unique ability to promote itself in cooperation and
coordination with many different entities including but not limited to the City of Delray Beach,
The Delray Beach Chamber of Commerce, Palm Beach County, The Toudst Development
Council, and the Palm Beach County Sports Commission.
In addition, our center can take advantage of cross promoting itself with our own events includ-
ing the Matchpoint Championship, an ATP tour Event, the Chris Evert Pro Celebrity Tennis
Classic and all of our concerts and civic functions planed for future years.
The Delray Beach Chamber of Commerce, as an example, can be utilized to promote our
center to local residents and tourists with a wide variety of publications.
· The Delray Beach Map and Directory prints 30,000 annually and is distributed to Cham-
ber members, libraries, chambers of commerce and the Palm Beach International Airport.
· The Delray Beach Chamber Directory prints 10,000 annually and is distributed to hotels
and restaurants.
· The Visitor Day Package prints 5,000 annually and is distributed to hotels and restau-
rants.
· The Delray Beach Visitor Brochure prints 40,000 annually and is distributed to hotels
and restaurants.
In addition the Chamber hosts a web site which is growing in recognition.
Delray Beach is well known for its special events including the Delray Affair, Art & Jazz, Christ-
mas Tree Lighting, Art Fests, First Night and much more, generating in excess of I million
people annually.
Without a doubt, joining Palm Beach County, the City of Delray Beach and the .,~:"-'~Ci~y o~
Delray Beach Tennis Center has many benefits which can be maximized by ~
working together to accomplish our mutual marketing goals. I::)e~ay Beach
Tennis Center
E L R A Y B E A C H
Palm Beach County is known for its climate and beauty which
attracts multitudes of seasonal visitors and residents, but Delray
Beach is more than just a coastal resort town. Delray Beach was
founded more than 100 years ago by pioneers seeking a home -
a place to grow with their families and businesses.
To this day, Delray Beach is a family orientated community with
emphasis placed on education, environment, and quality of life
through entertainment, culture, and sport.
Downtown Delray Beach is a rare combination of small town America
and sophisticated Florida. Palm-lined, brick paved Atlantic Avenue
provides a scenic shopping, dining, and entertainment district. The
Delray Beach Tennis Center is among the wonderful scenery in down-
town Delray Beach providing a convenient total package for all athletes,
fans, and followers. Atlantic Avenue is the scene for several exciting
events including the popular Art and Jazz on the Avenue as well as the
100 foot Christmas tree and First Night Celebration which makes for an
excellent festive setting for several social receptions.
Old School Square, which was built in 1913 and renovated in 1991, is a place where historic meets
modern and the City of Delray Beach comes full circle. It's Crest Theatre building dates back to 1926
and is the host to several events ranging from Broadway-caliber drama and musicals to concerts by
nationally known artists.
Ali-American City Award, 1993 Best Run Town in Florida Old School Square
All State Foundation Florida Trend Magazine Theatre and Gym Renovation
& National Civic League Florida's Trust for Historic Preservation
Delray Affair - Top 20 Event
Delray Tennis Center Top 100 Event in North America Best Swimming in the Southeas
Facility of the Year Southeast Tourism Society Travel Holiday Magazine
USTA
Veterans Park Delray Beach Golf Course
No. t Beach in Palm Beach County Best Playground in PBC Public Golf Achievement Award
S. Florida Parenting Magazine Florida Parenting Magazine National Golf Foundation
ELRAY BEACH
Delray Beach Tennis Center, voted in 1993 the USTA Public Facility of the year, is without a
doubt a Wodd Class, Wodd renown venue.
Our Center is the host venue for the Chris Evert Pro Celebrity Tennis Classic, the
Matchpoint Championships, an ATP Tour Event and was recently selected by the Davis Cup
Selection Committee to be the site for the prestigious 1998 Davis Cup Finals. The selection
committee has indicated its desire to work closely with us to be the site for future Davis Cup
Finals.
Our Center has been the site for many concerts in the past including Ray Charles, Judy
Collins, Roberta Flack, Chuck Mangione, Donna Summers, The Marshall Tucker Band and
more.
Major Tennis Events have also been a part of our past including the Virginia Slims of Florida,
The Virginia Slims Legends, The Nuveen Tour and many amateur USTA Junior and adult
tournaments. /~ '"~'~-',"~,.cit'/o~
Oetray Beach
Tennis Center
E L R A Y B E A C H .o~,,.~?.
TENNIS (i NT[R
The Delray Beach Tennis Center is extremely busy. Annually our daily play and lessons pro-
grams exceed 75,000.
We are centrally located in Palm Beach County less than 1 mile from 1-95 and within I hour
driving distance of 3 major international airports.
Delray Beach Tennis Center is located on Atlantic Avenue in Delray Beach, which is a major
through fare serving as an entrance to our City.
Traffic counts conducted by the Palm Beach County Traffic Division indicate an increase of
6.54% per year over the last 4 years.
This represents a total increase of 5384 additional vehicles per day for the past 4 years from
20,416 ADT (average day tdps) in 1993 to 25,800 in 1997.
Betray Beach
Tennis Center
TI I C[NT[I III
The Match Point Tennis Championship (formerly known as America's
Red Clay Tennis Championship at Coral Springs) has made another
quantum leap forward. Co-Tournament Directors Mark $. Baron and
Fred Stolle have moved the ATP tour Event to the City of Delray
Beach. The move relocates the tournament, one of only sixteen in
North America, to the Delray Beach Tennis Center in the historic area
of downtown Delray Beach, only a few minutes walk from the multimil-
lion dollar homes that line the Atlantic coastline.
The surrounding area offers some of the finest dining and shopping
available in South Florida, while the newly renovated "Old School
Square" brings back the charm and elegance that is the signature of
this original Florida coastal town. Upon arrival at the tournament's new
home, a permanent stadium will welcome you and a few thousand of
your closest friends, while strolling the grounds will allow you to
continue you visual, edible, and purchasable feast.
Match Point once again continues its signature trademark of evening-
only match play, offedng everyone the opportunity to see each and~ll~llla~ ~ ~ mu~
every player during the prime-time evening hours of summer while
avoiding the treacherous daytime heat.
Palm Beach County, The City of Delray Beach, and the Delray Beach Tennis Center are
household names in the world of international tennis. Having successfully hosted the
WTA Tour featuring the top-ranked women in the world, the men's and women's Leg-
ends Tours showcasing the legendary players from yesteryear, being committed to
bdnging you the stars of tomorrow via the ATP Tour's Futures Events and the interna-
tionally renown Sunshine Cup Junior Tournament, as well as having been selected to
host the 1998 Davis Cup Finals, the marriage to Match Point, Inc. will distinguish the
community and the Match Point Tennis Championship as on of the preeminent tennis
destinations in the world. /., ~' i"~,,.C:ity of
Detray Beach
Tennis Center
Chris Eve~, one of the greatest players in the histow of tennis and the
winner of 18 Grand Slam Championships and 157 tour singles titles, is
hosting her Tenth Pm-Celebri~ tennis tournament, The Chris Eve~ Pm-
Celeb~ Tennis Classic.
The 1999 festivities include a Friday afternoon Pm-Am with Ch~s Eve~
and an evening cocktail reception hosted by Chds Eve~ and Andy Mill at
the Boca Raton Reso~ & Club followed by tennis sessions on Saturday
and Sunday. The matches will showcase world renowned celebrities and
tennis stare. Past pa~icipants include such celebrities and prestigious
guests as President George Bush, Ba~am Bush, Regis Philbin, Seal,
Danny Sullivan, Alan Thicke, Cheil ~egs, Gabriela Sabatini, Billie Jean
King, John Oates, Chew Chase, Ma~ Pieme, Sugar Ray Leonard,
~; .. Marina Navmtilova, Virginia Wade, Don Shula and Mike Wallace.
The Great HalFBoca Raton Reso~ & Club will once again host ~e glam-
orous Gala Black-~e Dinner Dance which has featured performers such
as Whitney Houston, Dionne Wa~ick, Michael Bolton, Brace Homsby,
and most recently, Gladys Knight.
The Boca RatOn Resort & Club, is one of the world's
premier resorts having won virtually every prestigious
hospitality, dining and meeting honor, including the Mobil
~ ~:- ~,-
~, Five Star, AAA Five-Diamond, Gold Key and Pinnacle Oetray Beach
awards. Tennis Center
E L R A Y B E A C H
T[:NNIS (:[NT[R I
The event will be nationally televised on ESPN in a one-hour highlights program.
Since 1989, Chris Ever[ has raised over 6 million to help drug addicted babies and their
mothers in the State if Florida. The programs that have benefited are: Families in Transi-
tion located in Miami, Safe Port in Key West, Project Full Circle located in Pinellas County,
Healthy Start Drug Involved Families-Mid Pinellas in Pinellas County and The Drug Abuse
Foundation of Palm Beach County. Assisting Chris in her fundraising efforts is the Once of
Prevention, a public-private partnership administered with the State of Florida to raise
money for needy programs which otherwise would not be fully-funded by the State.
Chris serves on the board for The Ounce, and has worked hand-in-hand with Florida
Govemor Lawton Chiles on his proposed Healthy Star[ Program to assist needy mothers
and children throughout the State. Healthy Star[ encompasses many children's issues
including drugs, neglect and abuse.
The Chris Evert Tennis Classic is in association with the Chris Ever[ Women and
Children's Center at Broward General Medical Center.
The Chris Evert Pro-Celebrity Tennis Classic, is under the direction of Mark McCormack's
IMG, the world's oldest and largest sports marketing organization.
Delray Beach
Tennis Center
ELRAY BEACH
Delray Beach was chosen in 1998 to host a DAVIS CUP FINAL. This was the
first time in the 88 year history of the tournament that South Florida was cho-
sen to host the "Super Bowl of Tennis"
The choice of Delray Beach to host the Davis Cup final, aside from bringing
world class tennis to South Florida, would have meant an economic wind fall of
about $15 million to our area.
Although the United States was defeated in the semi-finals to Italy, the city of
Delray Beach has been assured that it will be selected in the very near future
as a host site for a DAVIS CUP FINAL.
DAVIS CUP
Delray Beach
Tennis Center
[ITY DF I]ELARY BEI:I[H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
AII-M~ericaCity
1993
TO: David T. Harden
City Manager
./
FROM: ~obert A. Barcinski
Assistant City Manager
DATE: February 10, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 16. 1999
SPECIAL EVENT APPROVAL - 4TH ANNUAL DELRAy BEACH
WINTER STREET CRAFT FESTIVAL
ACTION
City Commission is requested to endorse the 4th Annual Delray Beach Winter Street Craft
Festival to be held on February 27th and 28th from 10:00 a.m. - 5:00 p.m., to grant a temporary
use permit per LDR Section 2.3.6 (H) for thc use of NE/SE 4th Avenue, one block north/south of
Atlantic Avenue, and to authorize staff support for barricading and security.
BA CKGR 0 UND
Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be
shared with the Joint Venture. The City is requested to provide barricading services and police
security for this event. Vendors, site clean up and port-o-lets will bc provided by the event
sponsor. Estimated overtime costs for the event arc $2,500.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit, and approval
of staff support for barricading and police security with the sponsor paying all overtime costs
contingent on the receipt of the required liability insurance and hold harmless agreement.
RAB/tas
File: u : sweeney/agenda
Doc:O21099a. doc
THE EFFORT ALWAYS MATTERS
Printed on I~ecy~led Paper
Sen~ By: HOWARD ALAN EVENTS; 9544723891; Feb-3 99 16:50; Page 2/3
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1~ Ave_
DelraY Beach, FL 33444
Dear Mr. Barcinski,
We are preparing for our 4'b Annual Delray Craft Festival to be held on 4~ Ave. from NE 1~ St. to SE 1$~ St.
on both sides of Atlantic Ave.
Please be advised that the following logistics for The Delray Craft Festival, Feb_ 27 - 28, 1999 will be
arranged:
Street Closure: Robbie Pentz will drop off 20 bamcades on Sat., Feb. 27, 1999 around 5:30am and will have
his men block off street.
Police: Donna Reynolds at Police DePartment arranged for Police and Security from 10:00am - 5:00pm Sat.
& Sun. and overnight Sat. from 6pm - 6am
Port-O-Lets & Oumpster_ 3 regular and 1' handicap port-o-let have been ordered through Waste
Management of Palm Beach (Shana Kelledy) and will be dropped off on Fd., Feb. 26, 1999 and will be picked
up on Monday, March 1, 1999 with servicing Sunday, Feb. 28, 1999_ The 20 yd_ dumpster will also be
delivered Fdday and Picked up Monday. These will be placed in the library parking lot approved by Karen
Fvanson.
Trash Receptacles: 20 trash receptacles will be supplied and maintained by our professional clean up crew
Profest, (Mitch). They will handle clean up of the trash throughout the area each day.
Vendor Parking: Located in the Northwest section and public lot between NE 4th Ave. and railroad tracks.
They will not be parking behind Iffuber Drugs or Hands. (See map)
If you have any questions, please feel free to call me at (954)472-3755.
Sincerely,
Howard Alan
President
Howard Alan Events, LTD_
(954) 472-3755 ~- I,'AX (ti54,) 472 389J
w ww. ut-tft~s iiv al.~:l) m
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~
SUBJECT: AGENDA ITEM ' REGULAR MEETING OF FEBRUARY 16, 1999
APPROPRIATE PRICE-FIXING CASE SETTLEMENT FUNDS FOR ROAD
RECONSTRUCTION AND RESURFACING
DATE: FEBRUARY 12, 1999
Attached is a letter from the Attorney General which forwarded to
us a check in the amount of $27,913.35 as the City's share of a
settlement fund to resolve the petroleum products price-fixing
case filed by the State of Florida.
I recommend that this money be appropriated directly to our
capital budget for street reconstruction and resurfacing
(334-3162-541-61.17). I would normally wait for the mid-year
budget adjustment, but the Engineering Division is currently
planning this year's street resurfacing program and needs to know
the additional funds are available for that purpose.
ref:agmemol7
'Mi" :.--'-'- ~ RECEIVED
'~>':~' JAN Z 2 1999
S TAT E O F F L O R [ DA CITY MANAGER
O??]CE O? ATTORXEY GENERAL
Ro~[~r A. BUTT[~WO~r~
January 20, 1999
Mr. David T. Harden
City Manager
City of Delray Beach
!00 Nor5hwest 1st Avenue
Delray Beach, Florida 33444-2698
Dear Mr. Harden:
It is with great pleasure tha~ I forward the enclosed check to help. maintain
and improve roads in your community. This check represents your city's share
cf a recently approved settlement fund to resolve the petroleum products
price-fixing case filed by the State of Florida.
The lawsuit was filed against the major oil companies on behalf of Florida
consumers and units of government that purchased refined petroleum products
during the period Ju!v 9, 1969, ~o March 20, 1981. The settlemen~ was long in
coming, but nhe federal court's recen~ approval cleared the way for nhe funds
uc be distributed.
in approving the settlement, the federal court de5ermined that, given the
large number of poten5ia! claimants and the size of the settlement fund, the
=a__~s~ and most practical approach was to dissribute the money to Florida
cities and counties on the basis of population, in selecting this approach,
the court required 5ha5 all settlement funds be used only for road
construcnion or maintenance. Based on your prior written assurances that any
funds received as a resu!5 of this se5tlemen5 would be used only for these
purposes, we included your city Zn caiculanlons for distribution of the
-~ ..... ="~- ~'-~ c~clo~ed ch=ok is ~he resui~ o~ ~hose calculations, and
it is essential that these funds be used in the manner directed by the court.
This settlement sends a strong message to the peuroieum companies that orice-
=,.~.~ng will not be to!orated in Florida, and it is appropriate than the
settlement funds will be used to improve the roads of Florida's communities.
~= you believe your ~-~., has received th~= check in error or that ,,su cannot
use ~he funds in a manner consistent with the court s order, or ~ you have
any c~her questions, miease feel free uc ccn5act Trlsh Conners, chief of my
Am_zz%rust Sec5zon, an (850) 414-3600.
Szncereiv.
Ro~er2 A. Bu~erwor~h
Anuorney General
Ensiosure
---- MISCELLANEOUS CASH RECEIPT
~' ,' CITY OF DELRAY BEACH N.0 . 66409
Date: !/22/99
Received of: State of Florida
Office of Attorney General settlement for price-fixing case
Address:
For: I I I I I I I I I I I I I I I I I I I I I I I I I I
Code Amount
001-0000-3~4-90-00 $27,913.35
~erator.'
'q~ l/~/~J ~5 t~c-c~ipt: 0066409
u~ ~a~ WHITE: ACCOUNTING YELLOW: CUSTO~: CA~IER
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~AGER~
SUBJECT: AGENDA ITEM - REGULAR MEETING OF FEBRUARY 16, 1999
PALM BEACH INTERNATIONAL FILM FESTIVAL SPONSORSHIP
DATE: FEBRUARY 11, 1999
We have been contacted concerning our sponsorship of this year's
Palm Beach International Film Festival. This is the festival's
fourth year and will be held April 9th through 18, 1999.
Last year we were a sponsor at the $5,000 level as we were in
1997. In 1996, the festival's first year, we supported a $1,000
sponsorship. During our budget work sessions, no money was
allocated specifically for this event.
I think we should continue some level of support for the film
festival. I would be comfortable funding a $5,000 sponsorship
from City Manager's contingency or you may wish to fund one or
two sponsorships at $1,000 each.
ref:agmemo7
02/09/1~99 11:4~ ?819253132 SPECIALTY ENT , PAG~ 01
DATE: FEBRUARY 9, 1999
TO: JAY ALPERIN - CITY OF DELRAY BEACH
PHONE: 561 243 711S
FAX: 561 243, 7166
FROM: SUSAN FRAINE - MARKETING DIRECTOR
PHONE: 561 233 1044
FA',': !i;61 683 6655
RE: FILM FESTIVAL PROGRAM GUIDE
THANK YOU FOR YOUR SPONSORSHIP OF THE 4TH EDITION OF THE PALM
BEACH INTERNATIONAL FILM FESTIVAL. THIS YEAR'S DATES ARE APRIL 9-
18, 1999.
AS PART OF YOUR SPONSORSHIP YOU WILL RECEIVE A HALF PAGE
BLACK/WHITE AD IN OUR OFFICIAL SOUVENIR PROGRAM GUIDE. THE
MECHANICAl P~'-~UIREMENTS AS W£LL AS A COPY OF LAST YEAR'S AD ARE
ATTACHED.
PLEASE HAVE THE COMPLETED ARTWORK TO ME AT THE FILM FESTIVAL
OFFICE BY MONr_)~,Y, MARCH 1. IF YOU HAVE ANY QUESTIONS PLEASE GIVE ME
A CALL.
PaLm , l ,q(ll IIITl;all,qTlOIlat ,ClLm ,cl;STIYIIL
18:58 7818253132 SPECIALTY ENT PAGE 02
Dear Fricr~ds & Future Sponsors:
In three s~hort years the Palm Beach International Film Festival has quickly
become om~' ~',f '.:he nation's premiere international events. Whether we are hosting
internatio~:,l 'elebrities, showcasing world premieres or honoring the
achievemew'4,. ,f student filmmakers; we certainly have captured thc media
spotlight an d' tJ, :_'. public's enthusiasm for "Hollywood" style entertainment.
With over ~3 ~ million in worldwide media coverage for 1998, PBIFF also offers
you a unique marketing opportunity while simultaneously full-filling your
corporate o i-~in,Z and client entertainment needs. This unique countywide event
also offers ~,,t one of the most desirable marketing demographics in the nation.
From the rnar~sions of the Palm Beaches, the corporate centers & world
headquarte,'~ ;,. Boca Raton & Delray Beach, to the colleges and universities
dotting ou. ~'~ i Id Coast"; we have the prized, well educated audience you seek.
While joir,"~': "'~r family you may also be pleasantly surprised to know the festival
donates l ()~'~;, ,f its net proceeds to aspiring students, film schools and colleges.
Over $16O/)(10 00 to date has been donated throughout Palm Beach County in the
form of ~:.,~,t:. ::md scholarships. A great continuing tradition of cultivating and
enriching ~t~c fi ~rn community in growing South Florida.
Thank yo~ .~g:~in for taking an interest in The Palm Beach International Film
Festival and w' 'iewing the enclosed sponsorship materials. We are very proud of
this wonderful :vent and the difference it has made in our community. On behalf
of our estccmc ! Co-Chairmen Commissioner Burr Aaronson and Mr. George T.
Elmore and th,- entire PBIFF Board and Staff, we invite you to join our efforts.
On manx---.::-i' ~g levels, I'm sure you will agree, we can make a difference for
you as well. Iook fonvard to speaking with you soon and thank you in advance
for y ~-~ia~st~mt support!
e~- tfully, ." /~/f
Email: Pbfi lm t'i~st(~aol.com
PJILm 811Jl(# IIIT ;ll,qIllllllL l:ltl ,t[$TlY,qL
10:56 7819253132 SPECIALTY ENT PAGE
BOARD AND PROFESSIONAL STAFF
Commi~sione~ Burl A~onso~ C~~
George T. E~rc, C~~
~o~ E- L~c~ T~er
~ard offerors
Jo~ Bo~r
M~a D~iels
R~i Eme~
Mzc~el Gle~ie
David Haysmer
~e ~ of palm
Bill
~ond A. Noga
BocJ W~ C~ Club
Ned Siegel
P~PP M. Sp~c Il, Esq.
Jo~ V~
J~ Robson Will~ger
ScoR W~llcy
Dc~se ~ch, ~q.
Chuck Eldcrd
~a~ ~ ~ S~
Pa~ ~s~h C~ T~
W~n E. (~ac) ~cLau~l~
Di~ r~ ~
1udim A. Sh~hetd
]o~ Paul (J.P.) ~]i~ Exccuhvc D~cctor
~a~k Diamond, A~c D~cctor
Sus~ F~me, ~stio~ & Msrkc~g D~ctoi
P,IILIII .OCO(# IflT , H,qTION,flL I:ILI ,I:(ITIY,qL
02/12/1999 10:56 7819253132 SPECIALTY ENT PAGE 04
FOR IMMEDI xTE RELEASE CONTACT: John Paul (J.P.) Allvn
561. 233-1044
PALM .F?;EACH INTERNATIONAL FILM FESTIVAL RAISES
$75,000 ()0 FOR PALM BEACH COUNTY SCHOOL & COLLEGES
T_hjcd~_rm._at ~estlval Boasts a 15 Percent Increase In Box-Office Revenues
WF'-."! 1' .~,LM BEACH, FL (September 9, 1998) - Founder and Co-Chairman
Commissic,;-~¢~' !! 't~rt Aaronson and Co-Chairman George T. Elmore, of the Palm Beach
International! ;:il ~ Festival, have announced that $75,000.00 raised from the third annual
event will I.,,. :~x~. trded to three Palm Beach County school and colleges.
In add:d, ~n, Aaronson and Etmore announced a 15 percent increase in box-office
revenues fr,~m :! ,e festival held this past April, which showcased over 50 films fi'om over
20 countric.~ ;., :',~ honored film industry veterans Sylvester Stallone and Burr Reynolds.
In ? ' .' ~i~f 1999, Palm Beach Community College, Palm Beach Gardens High
School anc~ 'he ;chool of the Arts will each receive $25,000 in scholarships and grants
from the P:dm ~.i~ :ach International Film Festival.
Sai,:, ~:onson: "Wc started thc Palm Beach International Film Festival as a
means of c~ Iq ?v. ting and enriching thc film community within Palm Beach County, and
what bette~' ~',w. to accomplish this than by helping area students pursue careers in the
film industr',' '-
Thc P~lr.] Beach International Film Festival is one of the only non-profit film
festivals in ~hc . ountry whose n~t proceeds go to deserving film school students. The
1999 festix ;,I ,.x II take place at venues throughout Palm Beach County April 9 ~ 18,
1999_
I aLm .ei:.a¢# lilT,(lii,qTIOil,qt ,tiLl ,Cl;ITIY,liL
02/12/19~ 10:56 781~253132 SPECIALTY ENT PAGE 06
!' ~kLM BEACH INTERNATIONAL FILM FESTIVAL
APRIL 9- 18, 1999
SPONSORSHIp PLEDGE
Company/OrRanization Name:
Exactly a~ it ia ~ appear in all ~n~
Name and T~tle of Pri~ Con~ct:
Phone No.: ~ Fax No: ( )
Primary AOtlre~:
S~et Ad.sa
Ci~ ~m~ Zip
Shipping Add rr-,= (N~ ~ Ad'ess whc~ ficke~ ~or o~ s~n~ors~jp mfo~fion
should ~ gm if di~e~t ~om P~ Ad.ss)
s~ct
Ci~ Sm~ Zip
SPO~SORSH IP I E~LS: (Pl~se check ~te s~n~r~h~P level below.)
[] G~ BE~FA~OR - $
[] FOXING S~NSOR-
~J DI~OND SPONSOR - $1
~] GOLD S~NSOR $ ~0
~ SILVER SPONSOR - $ 1,000
Ex~us~e S~ P~ ,~
~y:
Title:
{si~m~) (~)
Plca~ ~kc BII ?~tcL~ ~,ayeble ~ Palm B~h [n~at~l Film Fcs~val. lac. and ~
~low. l~e Pah ,~ 13v:~." ln~mat~ll ~i]m F~val is a ~1 (c) (3) not fm ~t o~niznti~. All ~so~hi~ a~ ~x deductible
to thc full ~t,?, ,, ~ ~;.-. ed by law. Federal T~ ID ~ 65~599763
POLm bCfl( IHTCANOTIOHAL ILI (ITIYOL
02/12/1~99 10:56 7819259132 SPECIALTY ENT PAGE 07
I! ,XLM BEACH INTERNATIONAL FILM FESTIVAL
April 9 - 18, 1999
SPONSORSHIP BENEFITS
GOLD SPONSOR
$5,000
· Half-Pa~,~ I~ lack & White Ad in Festival Souvenir Program
· Printed Pro,ram Recognition
· 2 Tickc~s ~,:~ he "Openlng Night Premiere & Reception"
· 2 Tick~'~ ~,-, he "Showcase of Student Films & Reception"
· 2 Tick~s x-~ he "Grand Gala" Event (black-tie)
· 4 VIP I'a-sn~! % for admittance to all Film Festival "Screenings"
· 4 VIP l'a~-.,~ for admittance to all Film Festival "Special Events"
P,liLIll I (11(11 tiiT , il,flTlOll,qt ,tiLl i: STIY,qt
02/12/1999 18:56 7819253132 SPECIALTY ENT PAGE 05
~ ALM BEACH INTERNATIONAL FILM FESTIVAL
April 9 - 18, 1999
.-~_.A. VE. THE DATES! ~ Schedule & Description of Special Events
This schedt,I,~. ' ,~,~ 7o! include aur counfywide festival screenings, spec/al sc~'een/ogs/events & indust~' sen~na,'s.
Those screenings & events ~11 be announced March 1999. Thank youl
DATE EVE. N? TIME LOCATION DESCRIPTION
Friday, April 9th OpeninB N,,'/ht Premiere 6:30 p.m. Main Theatre Champagne & MgM Buffet
& Par* y Entmtainment, Opening R~marke,
Celebrity & Filmmaker Introductions
with Film Premiere- $50,00 per person
Sat., April 10th PBIFC Gol~' Tournament 8:00 a.m. PGA Continental Brealda~ t8 Hole~ wi cart
Haig Course Tournament Scoring & Awards
Official PGA I PBIFF Polo Shirt & Gift Bag
Contact featlval office for participation
Sit., April 10th Grand Gal~.'- 6:00 p.m. Boca Raton A World.elm event honoring the I~gends
Awarrf'J S~' IW Resort & Club and mastem of the film IflduMp/- Black Tie
Cocktail Reception, Dinner & Awards 8how
Orchestra Dancing. $500.00 per person
Sun., April 11th Founder's Reception t:00 p.m. Private Estate An Inflmste & casual reception on a
Boar~ v~ [: ~ectors renowned Palm Beach County eatata.
HoM~I bar & light buffet with fllmn~ker,
celebrity, ~poneor & m~ll. gu~ta.
Man., April 12th Student Fi~m Showcase 10:00 a.m. Elseey Campus Student Film Showcase I Competition with
Com,~e+;ti,:, ~ Theatre Cash & Merit Awards in multiple categories.
High School & College Level.
County & State compatltlona
Open to the public
' Schedule Subject to C he n~-~,~. Please call the festival office for fmther Infarmation regarding acreeninga & event~. Thank You[
PaLm I#T[a#aTIOHGL riLl [(ITIYOL
10:56 ?819253132 SPECIALTY ENT PAGE 08
The Silverman Organization, Inc.
~olute~
The 1998 Palm Beach Infernafional Film Festival
3617_ ~. ftiilsboro Boulevard
Deerfield Beach, Florida 33442
Ph: 954. 360-7444 fax: 954. 4Z7-9597
~rqui~ition ona~Developmen! o~ £ommuni~ .~opping £enten
The City of Delray Beach
welcomes
The Palm Beach International Film Festival
Mayor Jay Alperin
Vice Mayor Kenneth Ellingsworth
Deputy Vice Mayor David W. Schmidt
Commissioner David E. Randolph, Sr.
Commissioner Kevin Egan
82/12/1999 10:56 7819253132 SPECIALTY ENT PAGE
SO! V ',NIR PROGRAM ADVERTISING RATES
Distributcd f~,~e of charge at all venues and special events. Readership: 20.000+
~ SIZE P~ P~CE
T~ S~e B & W 41c
Full Page Blc~d~,~ $1250 $1750
Full Page Non- B ~ee~ $1250 $1750
(Live Ma.er)
H~lf Page Ve~ica [ $750 $ I 150
% Page $5~ $750
I~ide Front Covet - $25~
Back Cover - $25~
F~t Page - S25~
*In~s - Single Pagr $I~ $1~
*Multiple pagt , n.c~, subjcc~ to additio~l cost a~ PBIFF approval. ~tes mclu~ agency co~i~
Offac~-~eet f~ p~tmg. Publi~on ~ a~: 8 ~" x 11". B~ck & white ~le~l ~c~t~: Co~osite n~a~ve
fi~, ~ght-mad~. emulsion side do~ 150 line sc~ or ~cr (supply v~lox ~ 1-color negative); c~
ready, black ~d whi~e mcc~ica~ also nc~pted. Fom-col~ ~1 acc~: C~si~ negative film, right-
reading cmulsion ~idc do: ~, 150 line screen or ~aer. Black backgro~ds: undercolor reco~endcd. Film
separations accompamcd t,:: Ma~ch~ts, 3M color keys or ~ansfe~ keys arc r~u~c~ bu~ ~ advised ~at the lancr
~o tt~ arc not a~wzys ,ndicatwe of ~c ~e color & ~c se~ons. ~blishm and printer will nol accept
responsibili~ when cok~r k 'rs or wa~fcr k~ys rather than ma~chprints or chromalins a~ submi~cd.
Co~cc6ons on reproduc~i,:m ~te~als are subject io cx~a charges. Mate~als submi~ed will be remm~ upon
request. Publisher w;ll skor
desffoyed_
All adv~a~ ar~ sub)oct to acc~ce by publ~her. ~bli~her r~ea ~ fight m hold adve~t ~o~ ii~
adv~is~g agency joimly znd ~v~aliy liable f~ such monies a~ a~ due gad ~yahle to ~ pubi~r. ~blta~r
resales &e fight to charge ~at~. t~ ~ ~ificafona at ~y ~ wi~ut prior no~ce. ~b~r'a liabBi~ for
e~or ~ll no~ exccc~ '~ ~ :~'~ of spac~ ~cupied by ~e e~.
(Live Ma~}
Half Page, Hor~ontal ....
Inside Front Cover ~; 'A" X 1 i"
PBI~ ~a~ ~ fight to
~at ~e ~x~ liabili~ of PB~ a~ll not exee~ ~e cost of ~e ad. M~mc~ ~d ~il pa~t for
adv~g must ~ rcceiv~ by M~ch 1.19~. PB~ reae~ ~ fi~t to ~t your copy's ~e a~ ad&ess
ifc~y is not receiv~: ~' :' ',~ :'h 7, 19~. Full ~em must accompany signed con. ct.
[ITY OF DELAI:IY BEI:I[H
CITY ATTORNEY'S OFFICE ~oo .w ,~, ^~. ~,.,~^~,~^~., ~o~,~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F L 0 r I D A
Ali. America City MEMORANDUM
'llll eb ary , 999
1993
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Reider v. City of Delray Beach
The Plaintiff, Mr. Reider, filed suit as a result of a trip and fall in which he claims he
tripped over a portion of asphalt that was raised due to underground root growth. This
occurred on November 15, 1996. The Plaintiff alleges that as a result of the accident he
sustained a fracture of his patella on his right knee as well as fractured ribs. Surgery
was performed on Plaintiff's right knee that required the insertion of two screws. The
Plaintiff asserts that he has incurred out of pocket medical expenses of approximately
$500.00. The Plaintiff is claiming that the City was negligent in the maintenance of the
parking lot.
Mr. Reider, through his attorney, has offered to settle this case with the City for
$1,500.00, which includes all attorney's fees and costs. If the Commission accepts this
offer, the City Attorney's Office will obtain a complete release from the Plaintiff for all
of his claims.
By copy of this memo to David Harden, City Manager, our office requests that this
matter be placed on the February 16, 1999 City Commission agenda. Please call if you
have any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
reider, com
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYM32q'AGER~
SUBJECT: AGENDA ITEM ~[~ - REGULAR MEETING OF FEBRUARY 16, 1999
ORDINANCE NO. 5-99 (CORRECTIVE REZONING FOR A PORTION OF
ST. VINCENT FERRER CHURCH/SCHOOL PROPERTY)
DATE: FEBRUARY 11, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 5-99 which rezones a portion of the St. Vincent
Ferrer church/school property from R-I-AA (Single Family
Residential) District to CF (Community Facilities) District.
The entire church property (9.8 acres) was zoned R-I-AA (Single
Family) prior to the Citywide rezonings associated with the
adoption of the Land Development Regulations in 1990. With the
rezoning, the north half of the St. Vincent site was changed to CF
(Community Facilities). The zoning on the southern half (Lots
4-8, Replat of Martha's Vineyard Plat containing approximately 3.4
acres) was not changed at that time apparently because several
residential structures existed'on the site. Further, the old
zoning maps only identified the northern parcel as being included
in the church's holdings. This was in error, as the southern half
of the property has been owned and used by the church at least
since the mid 1970's. On January 5, 1999, the City Commission
initiated the corrective rezoning to Community Facilities.
The Planning and Zoning Board considered the rezoning at a public
hearing on January 25, 1999, and voted unanimously to recommend
approval based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(D) (5) of the Land
Development Regulations and policies of the Comprehensive Plan.
At first reading on February 2, 1999, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 5-99 rezoning a portion of the
St. Vincent Ferrer Church/School property from R-l-AA to CF on
second and final reading, based upon the findings and
recommendation of the Planning and Zoning Board.
re f: agmemo 12
ORDINANCE NO. 5-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AA (RESIDENTIAL SINGLE FAMILY)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING A PORTION OF THE ST. VINCENT FERRER
CHURCH PROPERTY LOCATED 480 FEET SOUTH OF GEORGE
BUSH BOULEVARD BETWEEN N.E. 8TH AVENUE AND PALM
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-I-AA (Single Family Residential)
District; and
WHEREAS, at its meeting of January 25, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted
unanimously to recommend that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Lots 4 thru 8, Replat of Martha' s Vineyard, as
recorded in Plat Book 23, Page 123 of the Public
Records of Palm Beach County, Florida.
Together With
Twenty foot (20 ' ) platted road right -of -way
abandoned by the City of Delray Beach Resolution
No. 1480, dated April 24, 1964, as recorded in
Official Record Book 1016, Page 123, Palm Beach
County, Florida.
The subject property is located 480 feet south of
George Bush Boulevard, between N.E. 8th Avenue and
Palm Trail; containing 3.4 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED ih regular session on second and final
reading on this the 16th day of February , 1999.
ATTEST: ~~
~ citf C~erk '
First Reading February 2, 1999
Second Reading February 16, 1999
- 2 - Ord. No. 5-99
~THERSPOON LN.
~- McKEE LN.
! INLET ~
~-~ : ICO~ co~ox
'BUSH ' BOULEVARD
I DELRA Y LANDINGS
N.E. 7~ ST.
ACURA ~ M.S.A. M.S.A. TRACT
OF TRACT
BEA C~
' - SITE
WAL-
GREENS 0
N.E. 4~ ST. ~ BEACH DRI~
~ SEA SPRAY A~.
~ O WATERWAY LANE
N.E. 5RD
N REZONING
~ - PORTION OF ST. VINCENT FERRER CHURCH SITE -
CITY OF' DELRAY BEACH. FL
PLANNING & ZONING DE:PARTMENT ~ROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES)
-- ~/~/7',4/. ~/,g4~ -~'~'~'/"E'M -- MAP REF: LM516
PLANNING'-AND ZONING BOARD
CITY OF DEEP, AY BEACH ---STAFF REPORT---
MEETING DATE: January 25, 1999
AGENDA ITEM: ~V.A.
ITEM: City Initiated Rezoning From R-1-A (Single Family Residential) to CF
(Community Facilities) For a Parcel of Land Owned by St. Vincent's
Church, Located 480' South of George Bush Boulevard, Between N.E.
8th Avenue and Palm Trail.
Ill 11111111 I'1 ~/~////~t ~
GENE~L DATA:
Owner ........................................ 8~ons J. Keith - Diocese of Palm Beach
Applicant .................................... Da~ T. Harden, Ci~ Manager
Location ..................................... 48~ south of ~eorge Bush Boulevard, be~een N.E. 8th Avenue
and Palm Trail.
Prope~ Size ............................. 3.39 Acres
F.L.U.M. Designation ................. LD ~ow Densi~ Residential, 0-5 d.u./ac.)
Ourrent Zoning .......................... R-I~ (Single Family Residential)
Proposed Zoning ....................... CF (Communi~ Facilities)
Adjacent Zoning ............... No~h: CF
East: R-I~
8outh: R-I~
West: R-l~
Existing Land Use .................... Two single family residents, storage facili~ for the church and
ba~e~all coups.
Proposed Land Use ................... Rezoning to accommodate the construction of a school
g~asium.
Water 8e~ice ............................ ~ng on site.
8ewer Se~ice ........................... ~ng on site.
IV.A.
The action before the Board is making a recommendation on a rezoning request from
R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer
Church/School.
The St. Vincent Ferrer Church/School property is situated between George Bush
Boulevard and NE 6th Street and between NW 8t~ Avenue and Palm Trail. The property
that is the subject of the rezoning consists of approximately 3.4 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
The entire church property (9.8 acres) was zoned R-1AA (Single Family) prior to the
Citywide Rezoning associated with the approval of the Land Development Regulations
in 1990, when the northern half the parcel was changed to CF (Community Facilities). It
is believed that the zoning on the southern half of the parcel (Lots 4-8, Replat of
Martha's Vineyard plat containing approximately 3.4 acres) was not changed at that
time as it contains several residential structures, and that the old zoning maps only
identified the northern parcel as being owned by the church. This was an error, as the
southern half of the property has been owned and utilized by the church since at least
the mid 1970's. St. Vincent Ferrer Church wishes to construct a new building on the
southern half of their property, which will include a gymnasium, new facilities for pre-
kindergarten children and a new meeting hall (the existing hall is to be demolished).
These uses would not be permitted under the R-1AA zoning designation. Therefore, a
rezoning to CF is required.
At its meeting of January 5, 1999, the City Commission initiated a corrective rezoning
from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer Church
for Lots 4-8 Replat of Martha's Vineyard.
ZONING ANALYSIS:
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
P&Z Staff Report
Rezoning from R-1AA 'F for St. Vincent Ferrer Church/School
Page 2
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject property is Low Density
Residential. The requested zoning change is from R-1AA to CF. The proposed zoning
designation of CF is consistent with the Low Density Residential Future Land Use Map
designation. Pursuant to LDR Section 4.4.21(B)(5) churches with attendant uses of day
care, pre-school, educational facilities, and with other normal educational (Sunday
School), recreational, and support facilities are allowed as a permitted use in the CF
zone District.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Streets and Traffic:
A traffic impact study was not submitted with the request. The current R-1AA zoning
designation generally permits single family dwellings. Palm Beach County Traffic
Performance Standard Ordinance establishes traffic generation rates of 10 ADT per
single family dwelling. Development of the site under the R-1AA zoning would
accommodate 5 single family dwellings generating 50 ADT. No additional trips will be
generated by the change in zoning based on the development proposal for a
gymnasium, which is considered an accessory use to the school/church. Enrollment at
the school will not increase with this proposal.
Water and Sewer:
Preliminary engineering plans were not submitted with the application. However, water
and sewer service is available to the site via existing 8" mains located within Palm Trail.
The addition of a gymnasium and relocation of existing classrooms and meeting
facilities will create little or no impact on meeting this level of service.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
Solid Waste:
The Solid Waste Authority does not object to projects which generate less than 10 tons
of solid waste per year. As the generation rate for a gymnasium as an accessory use to
the school is negligible there will be minimal impact on this level of service.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
.P&Z Staff Report
Rezoning from R-1AA ;F for St. Vincent Ferrer Church/School "
Page 3
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezonin9 Actions): The applicable performance
standards of Section 3.3.2 and other policies that apply are as follows:
A) That a rezoning to other than CF within stable residential area shall be
denied.
The subject property is located within a neighborhood classified as "Stable" in the
Housing Element of the Comprehensive Plan. The request is for a rezoning to
CF, thereby meeting the above standard.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
Parcels adjacent to and near the subject parcel to the south, southeast and
southwest are primarily residential. Parcels adjacent to and near the subject
parcel to the north, northeast and northwest are primarily commercial. The
corrective rezoning will allow the use to be conforming and allow significant
upgrading of the school, which has not experienced any compatibility problems to
date.
Section 2.4.5(D)(5) (Rezonin9 Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
.P&Z Staff Report
Rezoning from R-1AA ;F for St. Vincent Fen'er Church/School .'
Page 4
Item "a" above applies in this situation. With the Citywide Rezoning associated
with the approval of the Land Development Regulations in 1990, the entire parcel
(9.8 acres) owned and utilized by St. Vincent Ferrer Church should have been
zoned to CF. Therefore, the rezoning was established in error. The change in
zoning will allow the existing land use to be conforming in the zoning district.
Compliance with Land Development Regulations: The proposed use is to be in
compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
As the request is a City initiated corrective rezoning, a formal site plan has not been
submitted for review.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Courtesy Notice:
Courtesy notices have been sent to the following homeowner's and civic associations.
Fred Ebner Kevin Hall
North Palm Trail Palm Trail Association
Alex Speer Alexa McGrady
North Palm Trail La Hacienda Association
Sherry Hillman Frank Devine
Palm Trail Association Beach Property Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
.P&Z Staff Report
Rezoning from R-1A~ ;F for St. Vincent Fen'er Church/School -
Page 5
The proposed rezoning of the subject property from R-1AA to CF is corrective and will
allow existing and proposed uses to be consistent with the existing land use. It will
accommodate the upgrading of facilities associated with the existing school and church.
The CF zoning district is consistent with the LD FLUM designation. Required positive
findings with respect to Section 2.4.5(D)(5) (rezoning Findings), Section 3.1.1, and the
performance standards of Section 3.3.2 can be made. Based on the above, the
proposed rezoning from R-1AA to CF is recommended for approval.
: ALTERNATIVE ACTIONS: ' .:
A. Continue with direction.
B. Recommend rezoning of the subject property from R-1AA to CF for St.
Vincent Ferret Church, based on positive findings with respect to Section
2.4.5(D)(5) (rezoning findings), Section 3.1.1, and the performance
standards of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make positive
findings to LDR Section 2.4.5(D)(5) with reasons stated.
Recommend approval of the corrective rezoning for Lots 4-8, Replat of Martha's
Vineyard from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer
Church/School, based upon positive findings with respect to Section 3.1.1 (Required
Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Attachments:
* Location Map
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ - REGULAR MEETING OF FEBRUARY 16, 1999
ORDINANCE NO. 6-99 (SMALL SCALE FUTURE LAND USE PLAN
AMENDMENT AND REZONING FOR CHEMICAL STORAGE BUILDING)
DATE: FEBRUARY 11, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 6-99 which provides for a small scale Future Land
Use Map amendment from LD (Low Density Residential 0-5 dwelling
units/acre) to CF-P (Community Facilities-Public Buildings) and
rezones property from R-1-A (Single Family Residential) to CF
(Community Facilities) District.
The subject property is located on the east side of S.W. 2nd
Avenue between S.W. 6th and 7th Streets. The FLUM amendment and
rezoning are being processed to accommodate the construction of a
chemical storage building associated with the City's Water
Treatment Plant which is located directly west of the subject
site.
The Planning and Zoning Board considered the rezoning request at a
public hearing on January 25, 1999. A resident of the area
expressed concern regarding the nature of the chemicals to be
stored at the new building. Staff explained that the chemicals
are inert and are not classified as hazardous materials. The
Board voted unanimously to recommend approval of the Future Land
Use Map amendment and rezoning. At first reading on February 2,
1999, the Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 6-99 on second and final
reading, based upon positive findings and the recommendation of
the Planning and Zoning Board.
ref:agmemol3
ORDINANCE NO. 6-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL)
TO CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS),
AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT, FOR
A PARCEL OF LAND LOCATED ON THE EAST SIDE OF S.W.
2ND AVENUE BETWEEN S.W. 6TH STREET AND S.W. 7TH
STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated
on the Future Land Use Map (FLUM) in the Comprehensive Plan for the
City of Delray Beach, Florida, as LD (Low Density Residential 0-5
dwelling units/acre); and
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of January 25, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item at a public hearing and voted unanimously
to recommend approval of the small scale FLUM amendment and rezoning,
based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the revised land use
designation, and that the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be amended to reflect the revised
zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
Lot 8, Nichols First Addition to Delray Beach,
Florida, according to the Plat thereof, as recorded
in Plat Book 21, Page 69 of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH
The West 57.5 feet of Lot 9, Sellers Addition to
Delray Beach, Florida, according to the Plat
thereof, as recorded in Plat Book 22, Page 17 of
the Public Records of Palm Beach County, Florida.
The subject property is located on the east side of
S.W. 2nd Avenue, between S.W. 6th Street and S.W.
7th Street; containing 0.41 acres, more or less.
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of CF-P (Community
Facilities-Public Buildings) for the subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1) (c)4.
Section 4. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, is hereby amended to
reflect a zoning classification of CF (Community Facilities) District
for the subject property.
Section 5. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is
issued by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section
163.3184, F.So No development orders, development permits, or land
- 2 - Ord. No. 6-99
uses dependent on this amendment may be issued or commence before it
has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of February , 1999.
~ City C~erk t
First Reading February 2, 1999
Second Reading February 16, 1999
. - 3 - Ord. No. 6-99
- ~ - _ ~ ~ ~ --i.~,~
-- ~__,__~--i__, Jl~--~lj~__ ~ ~ ~ ~ ,L~'~ __ ~ ~
__ i~
_ - II . D~u~ ~eUS~OU~D~T,O~
~ CITY OF DELRAY BEACH
.. , '' PUBLIC WORKS
~ ~ ~ co~:EX
a WATER <1 I I I I I I I Z~
B TREA TMEN T s.w. 6TH ST.
:: ~.w. ~ " CF'C
. ~.w. ~,~ ~. ~ /llOS
~ ~ ' ~ : , ; ~ STI
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s.w. 8T~ - - ~ ~ s.w,' ~T~ ~ ' COURT ~
q w · 10TH ST.
. r ,
N CHEMICAL STORAGE BUILDING
~ - FUTURE ~ND USE MAP AMENDMENT -
FROM: LD (L~ DENSI~. 0-5 d.u./oc.) TO: CF-P (COMMUN~ F~IL~IES-PUBLIC BUILDING)
CI~ ~ ~AY BEACH, FL
PLANNING ~ Z~INC D[PAR~ENT ~- WATER ~LL PROTECTION ZONE 1 ~ ~ ~ ~ ~ - WA~R WELL PROTECTION ZONE
-- O~IT~ ~ ~ S~TEM -- ~ R[F: LM310
S.W. 5RD ST. S.E.,~RD ST. $.E. 5RE ST.
-- ~, MERRI T T · ~ --
~. ~ PARK~_~j k '~ '
~ , ~ = r~-~
, _ _ ,~ _
OSR,,~ ~
j , , ~~_ ~-
-- ~ ~ ~ ~ TREA TMEN r ~w. 6TH
~ $.w. 7TP ST.
iiii CF
S.W. ~ 5L ,,
.
5. W. 8TH COURT
:
&W. lOTH ST. ~FI 1UI~ ~l.
II1~~
N CHEMICAL STORAGE BUILDING
~ - REZONING -
CI~ ~ D[LRAY BEACH. FL FROM: R-1-A (SINGL[ F~ILY R[SID[NT~) ~O: CF (COMMUN~
PLANNING ~ Z~INC DEPARTMENT
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 25, '1999
AGENDA ITEM: IV.D.
ITEM: city Initiated Future Land Use Map (F.L.U.M.) Amendment From LD (Low
Density Residential) to CF-P (Community Facilities-Public Building) and
Rezoning From R-1-A (Single Family Residential) to CF (Community Facilities)
For a Parcel of Land Located on the East Side of S.W. 2nd Avenue, Between
S.W. 6th and 7th Streets, Associated with the Expansion of the City's Water
Treatment Facility.
GENERAL DATA:
Owner ..................................... City of Delray Beach, Florida
Applicant ................................. David T. Harden, City Manager
Location .................................. East side of S.W. 2nd Avenue,
between S.W. 6th & 7th Streets.
Property Size .......................... 0.41 Acre
F.L.U.M Designation ...............LD (Low Density, 0-5 d.u./ac.)
Proposed F.L.U.M CF-P (Community Facilities-
Designation ............................. Public Building)
Existing City Zoning ................ R-1-A (Single Family
Residential) ~.,,. ?~, s~. ~ _
Proposed City Zoning ............. CF (Community Facilities)
Adjacent Zoning ............ North: R-1-AEast: R-1-A
South: R-1-A
West: CF
Existing Land Use .................. Vacantresidence land and single family
I
I
Proposed Land Use ................ Future Land Use Map I IIIIIII1£11 II
Amendment and Rezoning tO afor tlLIi'i',~ II~T[ll'i' /
more appropriate designation
the use of the parcels.
Water Service ......................... N/A
Sewer Service ......................... N/A
· . STS W lOTH .
IV.D.
! · IT.EM BEFORE THE B'OARD J
The item before the Board is that of making a recommendation on a City initiated
Small-Scale Future Land Use Map Amendment from LD (Low Density Residential, 0-5
du/ac) to CF-P (Community Facilities-Public Buildings) and a rezoning from R-1-A
(Single Family Residential) to CF (Community Facilities) for a property associated with
the City Water Treatment Plant.
The subject property is located at the northeast corner of S.W 2"~ Avenue and S.W. 7~
Street.
BACKGROUND
The proposal incorporates Lot 8 (Nichols Addition to Delray Beach Subdivision) and
the western 57.5 feet of Lot 9 (Sellers Addition Subdivision), and contains .41 acre.
Lot 8 is developed with a vacant single family residential home. A wooden power pole
runs along the north property line. Lot 9 is currently vacant.
The City recently purchased the subject lots and requests to change the zoning and
Future Land Use Map designations are now before the Board.
PROJECT DESCRIPTION
The proposal is to change the Future Land Use Map designation from LD (Low
Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and to
rezone the property from R-1-A (Single Family Residential) to CF (Community
Facilities). The FLUM amendment and rezoning are being processed to
accommodate the construction of a chemical storage building associated with the City
Water Treatment Plant, which is located directly west of the subject site. The storage
building will house poly phosphates for water treatment, and portable generators. The
chemicals are inert and not a health hazard. The Water Treatment Plant is zoned CF
and has a CF-P FLUM designation. The zoning and FLUM designations of the
subject property are being changed to the same classifications as the Water
Treatment Plant to accommodate the inclusion of this new use and building.
Associated with this project is a request to close a portion of S.W. 2"" Avenue north of
S.W. 7~ Street which is also before the Board for consideration.
FUTURE LAND ~USE MAP AMENDMENT~A~NALYSIS I
This Future Land Use Map amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 2
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
El The amendment does not exceed 10 acres of land;
El The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated areas;
and,
El The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months.
The Future Land Use Map amendment involves a .41 acre area, thus the total area is
less than the 10 acre maximum. The property is not located within the City's traffic
concurrency exception area, but is within the community redevelopment area.
However, the cumulative effect of the amendments processed does not exceed 120
acres within this area. This property has not previously been considered for a land
use amendment nor has the same property owner's properties been granted a land
use change within 200 feet, within the last year.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning
district within which the land is situated and, said zoning must be consistent
with the land use designation as shown on the Future Land Use Map.
The proposed CF-P (Community Facilities-Public Buildings) Future Land Use Map
designation is consistent with the proposed CF (Community Facilities) zoning
classification. The proposed amendment to CF-P is being processed concurrent with
a request for rezoning to CF to accommodate the proposed chemical storage building
associated with the Water Treatment Plant. The current LD FLUM classification is also
consistent with the proposed CF zoning. However, given that the Water Treatment
Plant has a CF-P FLUM designation, and the new building will be part of this facility, it
is appropriate that the accessory storage building be reclassified to the same CF-P
designation.
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 3
Adjacent Land Use Designations, Zoning Designations & Land Uses:
North, East and South: North, east, and south of the property has a Future Land Use
Map designation of LD (Low Density Residential, 0-5 du/ac) and is zoned R-1-A
(Single Family Residential). Single family residences currently exist on these parcels.
West: West of the property has a CF-P (Community Facilities-Public Buildings)
Future Land Use Map designation and the property is zoned CF (Community
Facilities). The existing land use is the City Water Treatment Plant.
Allowable Land Uses:
Under the current R-1-A zoning designation a chemical storage building is not
permitted. The R-1-A zoning district is intended to accommodate single family
residential development and related accessory uses (guest houses, garages, sheds,
greenhouses, etc.). The CF land use and zoning designations allow a wide range of
public, semi-public, and private uses (i.e., water treatment plants, civic centers,
hospitals, governmental offices, churches, etc.), and their accessory uses and
structures. The Water Treatment Plant is currently zoned CF with a FLUM
designation of CF-P. Under the proposed CF-P FLUM designation and associated
CF zoning designation, the chemical storage building is allowed as an accessory use
[Ref. LDR Section 4.4.21(C)(4)]. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map designation.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use
Map (FLUM) must be based upon the following findings:
Demonstrated Need --That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis. This policy shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open
Space.
The chemical storage building has been listed in Table CI-CIP of the Capital
Improvements Element as a project that has been funded for this fiscal year. The
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 4
proposal is to change the FLUM designation from LD to CF-P, and to rezone the
property from R-1-A to CF. The existing Low Density FLUM designation is
consistent with the proposed CF zoning designation. However, given the subject
area will be part of the Water Treatment Plant complex, it is appropriate to assign
the same CF-P FLUM classification.
Consistency - The requested designation is consistent with goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The following are applicable objectives of the Comprehensive Plan.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic, and other applicable physical considerations,
is complementary to adjacent uses, and fulfills remaining land use needs.
Public Facilities Element Objective D-l: Provisions are to be implemented to
maintain and upgrade existing public facilities to retain the acceptable level
of service for the facility and to maintain the "marketability of the facility and
the City".
Capital Improvement Element Objective A-l: The city shall direct financial
resources to the task of maintaining and upgrading existing public facilities
as necessary to assure that the entire City achieves the adopted levels of
service. To this end, the City shall allocate sufficient reserves and annual
recurring funding to address critical needs and system deficiencies.
The subject property does not have any unique environmental characteristics that
would prohibit development of the site or require mitigation measures. The
property can be developed in a manner that will be complementary to the adjacent
areas. The CF-P FLUM designation will accommodate the proposed chemical
storage building, which has been listed as a capital improvement project for this
fiscal year, and is consistent with the objective to maintain and upgrade public
facilities.
Concurrency - The requested designation will be compatible with existing
and future land uses of the surrounding area. Pursuant to LDR Section
3.1.1(B), facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 5
Water, Fire and Sewer:
Water service is available via an existing 6" water main within S.W. 7t~ Street. Fire
hydrants are located on the west side of S.W. 2r~ Avenue within the Water
Treatment Plant complex, and at the southeast corner of S.W. 2nd Avenue and
S.W. 7th Street. Sewer service is available via existing 8" sewer mains within
S.W. 6t~ and S.W. 7~ Streets. Required connections to water and sewer services
will be reviewed at the time a site plan and engineering plan are submitted.
Drainage:
With FLUM and rezoning requests drainage plans are not required. A drainage
plan will be required with the site and development plan application for the
chemical storage building.
Traffic:
The current LD land use and R-1-A zoning designations generally allow for single
family residential development. Under the current R-1-A zoning classification, a
maximum of two single family units could be constructed on the subject property (a
single family home is located on Lot 8), generating a total of 20 Average Daily
Trips. The CF zoning and FLUM designations allow a variety of uses, including
governmental, community, recreational, services, religious, health care, and
educational.
Construction of a storage building associated with the Water Treatment Plant is
proposed. Generally trip generation rates depend upon the use and size of the
building. However, the storage building will be an accessory use to the water
treatment plant and will not add trips to the surrounding roadway network. No
concurrency issues are anticipated with this new construction.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus, there
will be no impact on this level of service standard.
Solid Waste:
The current LD designation provides for residential development (generally single
family) at a density of five units per acre or less. The current R-1-A zoning
generally permits only single family homes. The subject property contains .41 acre
and a maximum of two units are allowed on this site, generating 3.98 tons per year
(1.99 tons/unit/yr, x 2 units). The proposed CF land use designation provides for a
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 6
variety of public, semi-public, and private uses (i.e., educational, health care,
governmental, recreational, and religious facilities) and the solid waste generation
rates vary for these uses. The solid waste generation rate for a general
wholesale/mini warehouse is 5.2 lbs./sq, ft./yr. VVhile no plans have been formally
submitted for the storage building an increase in trash generation may be
expected under the CF zoning designation. However, adequate capacity exists at
the County landfill to accommodate this use.
~ Compliance - Development under the requested designation will comply
with the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request.
I;I Compatibility -- The requested designations will be compatible with the
existing and future land uses of the surrounding area.
Compatibility with the adjacent Community Facilities designation to the west of the
site is not a concern. The subject area abuts the LD FLUM designation to the
north, east, and south. The City's facilities have co-existed in this neighborhood
for many years with no problems noted. The addition of a storage building is not
expected to change that. Further, adequate landscaping and screening serving as
a buffer between the residential and non-residential uses will be required with the
new building. The proposed development will be reviewed for compatibility and
compliance with development requirements at the time a site plan application is
formally submitted.
I , I
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1(Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report.
Compliance with respect to Compliance with the Land Development Regulations
(Standards for Rezoning Actions, Rezoning Findings) are discussed below.
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 7
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required findings in
Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 {Standards for Rezonin9 Actions): Standards B and C are not
applicable. The applicable performance standards of Section 3.3.2 is as
follows:
A) That a rezoning to other than CF within stable residential area shall be
denied.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
To the north, south, and east are single family homes on properties zoned R-1-A.
The City Water Treatment Plant is located to the west on property zoned CF.
Compatibility with the Water Treatment Plant is not a concern. The existing Water
Treatment Plant facility has co-existed with the surrounding uses for several years
and this rezoning proposal to expand the facility will not be introducing a new use
to the property or area.
As previously discussed in the Compatibility section of this staff, any further
development must adhere to the City's Land Development Regulations (i.e.,
setback, height, landscaping, lighting, signage and parking requirements). Per
LDR Section 4.4.21(G)(2), when the CF zone district is adjacent to residential
zoning, the perimeter landscape area should be increased to a depth of 15'; or, as
an alternative, either a wall, decorative fencing, or hedging should be installed for
aesthetic and buffer purposes. These requirements will be reviewed at site plan.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)($) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally established,
in error;
P & Z Staff Report
Water Treatment PLant Chemical Storage Building - FLUM Amendment and Rezoning
Page 8
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"The City has purchased the property adjacent to the Water Treatment
Plant with the intention of constructing a chemical storage building. The
current zoning of R-1-A will need to be change to CF to accommodate the
proposed use."
The applicable reason is "b". The current R-1-A zoning designation permits only
single family residential development. The City has purchased the property to
construct a chemical storage building associated with the Water Treatment Plant,
which is zoned CF. The property is being rezoned to CF to accommodate the new
building, and to be consistent with the CF zoning classification of the Water Treatment
Plant.
Reason "c" is also applicable given that the proposed CF land use and zoning are
consistent with the adjacent CF Future Land Use Map designation.
REVIEW BY OTHERS
The subject property is not in a geographic area requiring review by the HPB (Historic
Preservation Board) or DDA (Downtown Development Authority).
CRA (Community Redevelopment Agency):
The CRA reviewed the proposal at its January 14, 1999 meeting and recommended
approval of the request.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Special courtesy notices have been sent to:
> Merritt Park Neighborhood Association
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 9
> Rosement Neighborhood Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
[ ASSESSMEUT :A'ND CONCLUSION ";, I
The Future Land Use Map Amendment from Low Density Residential to Community
Facilities-Public Buildings is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. The amendment will apply the
appropriate Future Land Use Map and zoning designations to accommodate the
proposed use as well as provide consistency with the Water Treatment Plant facility.
The rezoning from R-1-A to CF is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations. Positive findings can be
made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that there has been a
change in circumstances which make the current zoning inappropriate. The existing
Water Treatment Plant complex has existed within the surrounding neighborhood for
many years and the proposed associated storage building should not negatively
impact the adjacent properties. The construction of the new building will require
submittal of a complete site plan application and adherence to the Land Development
Regulations.
ALTERNATIVE ACTIONS ' I
A. Continue with direction.
B. Recommend approval of the Small-Scale Future Land Use Map Amendment from
LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public
Buildings), and the rezoning request from R-1-A (Single Family Residential) to CF
(Community Facilities) based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the Small-Scale Future Land Use Map Amendment from LD
(Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public
Buildings), and the rezoning request from R-1-A (Single Family Residential) to CF
(Community Facilities) based upon a failure to make positive findings with respect
to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis
reasons.
P &:Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 10
I STAFF ~RECOMMENDATION I
Recommend to the City Commission approval of the Small-Scale Future Land Use
Map amendment from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community
Facilities-Public Buildings) and the rezoning from R-1-A (Single Family Residential) to
CF (Community Facilities) based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
13 Location Map
El Existing Future Land Use Map
13 Existing Zoning Map
El Survey
u:\grahamc\pzrep\h2Ochem.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~O.C .- REGULAR MEETING OF FEBRUARY 16, 1999
ORDINANCE NO. 7-99 (CONCURRENT BOARD MEMBERSHIP)
DATE: FEBRUARY 11, 1999
This is second reading and a public hearing for Ordinance No.
7-99 which amends Chapter 32, "Departments, Boards and
Commissions", of the City Code in accordance with direction given
by the City Commission at the January 19th regular meeting.
It provides that serving on two or more advisory boards or
committees is prohibited unless an enacting ordinance or
resolution expressly provides for membership on two or more
specifically named advisory boards or committees. Dual
memberships so permitted, however, shall not be allowed if
prohibited by Florida law or the Florida Constitution.
At first reading on February 2, 1999, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 7-99 on second and final
reading.
ref:agmemol5
RECEIVED
JAN 2 5 1999
OELRR¥ BERt:i{
CiTY ATTOP, K[Y'S OFFICE ~oo,~,,,,.,,,v~.,,,.,~,.,~^.,,,.,,~,,, ~,_o,~,,~^
TELEPHONE 561,/243-7090 · FACSIMILE 561/278-4755
DF£RAY BFAEH Writer's Direct Line: 561/243-7091
Ali. America City
J DATE: January 22, 1999
19q3
TO: David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Concurrent Board Membership Ordinance
The attached is a revised ordinance discussed at the last meeting of the City Commission
regarding concurrent board membership.
Please advise if you require further changes. If not, please place the ordinance on the
Commission meeting for City Commission action.
SAR:smk ' ~
Attachment
cc: Alison MacGregor Harty, City Clerk
ORDINANCE NO. 7-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS, AND COMMISSIONS", SUBHEADING "ADVISORY
BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF
TERMS; RESTRICTIONS", BY REPEALING SUBSECTION (E),
AND PROVIDING A NEW SUBSECTION (E), TO PROVIDE FOR
A PROHIBITION ON SERVING ON TWO OR MORE BOARDS OR
COMMITTEES CONCURRENTLY EXCEPT IN CERTAIN
CIRCUMSTANCES, AND WHERE PROHIBITED BY STATE LAW OR
THE FLORIDA CONSTITUTION; PROVIDING A GENER3kL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that serving on
two or more advisory boards 'or committees is prohibited unless an
enacting ordinance or resolution expressly provides for membership on
two or more specifically named advisory boards or committees; and
WHEREAS, the City Commission desires to clarify its
existing ordinance to reflect its determination that an exception to
the limitation on serving on two boards concurrently is beneficial to
the citizens of Delray Beach only when the authorizing ordinance or
resolution authorizes such concurrent membership; and
WHEREAS, the City Commission acknowledges that exceptions
provided for in this ordinance are subject to Florida law and the
Florida Constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by repealing Chapter 32,
"Departments, Boards, and Commissions", Subheading "Advisory Boards
and Committees", Section 32.08, "Length of Terms; Restrictions", by
repealing Subsection (E) and by enacting a new Subsection (E) to read
as follows:
(E) No member of any advisory board or committee may
concurrently serve on another advisory board or committee. However,
this prohibition shall not apply if an ordinance and/or resolution
expressly provides that the membership of an advisory board or
committee includes, as part of its membership, the member(s) of
another specifically named advisory board or committee. In such a
case, a member of the specifically named advisory board or committee
is eligible to serve on two or more advisory boards or committees.
Notwithstanding the foregoing, a member may serve on more than one
task force or ad-hoc committee or may serve as an advisory board or
committee member and a member of a task force or ad-hoc committee
without being expressly provided for by an enacting ordinance or
resolution. Dual memberships, where allowed herein, shall not be
allowed if prohibited by Florida Law or the Florida Constitution.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of February , 1999.
First Reading February 2, 1999
Second Reading February 16, 1999
~ - 2 - Ord. No. 7-99
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: February 12, 1999
Re.' Revisions to Garbage Ordinance Chapter 51
ITEM BEFORE THE COMMISSION:
City Commission consideration and approval of proposed amendments to Chapter 51 of the
City's Code of Ordinances governing Garbage and Trash, Vegetative Waste, Bulk Trash and
the placements of containers and trash, clarifying precollection practices, set-out times and
fees charged for penalties from violations.
BACKGROUND:
Staff presented the proposed changes to Chapter 51 to the City Commission at the regularly
scheduled workshop meeting of January 12, 1999. The changes proposed establishes
specific pre-collection schedules for the placement of all garbage, vegetation, and bulk trash
for residential neighborhoods; revises the fee for requests for services on days other than the
regular scheduled collection days to $11.50 per cubic yard and establishes penalties for non-
compliance to these requirements. The changes are necessary to implement the new clam
truck services, staffed by BFI and under the direction of the Community Improvement
Department's Code Enforcement Division, beginning in March 1999.
The Commission gave staff consensus to move forward with the first reading of the
amendments to Chapter 51.
RECOMMENDATION:
Staff is recommending approval of the proposed amendments to Chapter 51 on first reading,
providing for the required public hearing and formal approval of these changes at the next
regular City Commission meeting.
LB:DQ ,/) ....,,~ /~'/" ~
Chapter51(Ib)
[lTV OF DELRI:IV BEFI[H
CITY ATTORNEY'S OFFICE ~°° '* '" ^~'~'-' ~'"~ "~^~"' '°~'~^ '~"
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
~lptmerica City MEMORANDUM
_ DATE: February 9, 1999
1993 TO: Lula Butler, Director of Community Improvement
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Revisions to Garbage Ordinance Chapter 51
Please review the proposed changes to Chapter 51. If they meet with your approval
please place this on the City Commission agenda.
Please call if you have any questions.
HECEIVEU
FEB - ~ 1999
ORDINANCE NO. 8-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.22, "VEGETATIVE
WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED;
BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE
SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION
51.40, "PLACEMENT OF CONTAINERS AND TRASH;
PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES
AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY",
TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission desires to clarify portions of this ordinance
concerning collection and set out times for garbage and trash; and
WHEREAS, the City Commission desires to clarify the fees charged for violations of
this Chapter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative
Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Section 51.22 VEGETATIVE WASTE.
(A) Vegetative waste shall be collected from gh~r.~ac,~, residential areas at least
one time per week and shall be on the same day as one of the collection days for solid waste.
Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative
waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall
bag or containerize all grass clippings, leaves, pine needles and similar loose items whenever
possible. Large vegetative waste items must not be more than six (6) feet in length or fifty
(50) pounds in weight, and shall be placed neatly at the curb. In the event of a dispute
between the contractor and a customer as to what constitutes vegetative waste, the situation
will be reviewed and decided by the City Manager, whose decision shall be final.
(B) At the request of the City or at the request of a resident, the contractor shall
collect vegetative waste on a day other than the regular scheduled collection day at a cost to
the resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
Upon receipt of payment, the contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager for resolution. The decision of the City
Manager as to the amount of the charge shall be binding upon the contractor and the resident.
(C) If vegetative waste is placed curbside at time periods or at locations outside of
those allowed by Section 51.40(H), and a resident has not called in to request a pickup as set
forth in Subsection (B)~ then the City or its Contractor may collect the vegetative waste and a
fee of $11.50 per cubic yard will be charged to the resident or business for the collection of
the vegetative waste if such collection is not performed on the regular scheduled collection
day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic
yard. Such fee will be placed on the resident or business's water bill. If the resident or
business does not receive a water bill then a separate bill for this charge shall be sent to the
property owner.
Section 2. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 51.23 BULK TRASH.
(A) Bulk trash shall be collected from res/den:es residential areas within the City no
more than once per week. The bulk trash pickup day shall coincide with the first or second
refuse collection day, which shall be a Monday/Thursday, Tuesday/Friday or
Wednesday/Saturday of each week.
(B) At the request of the City or at the request of a resident, the contractor shall
collect bulk trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
However, if the City requests the pickup and the contractor is unable to collect payment from
the resident, then the contractor shall collect the bulk trash and the resident shall be billed by
the City for the extra charge. When Payment is made to the City for the extra charge then that
amount shall be forwarded to the contractor. Upon receipt of payment by the resident, the
contractor shall cause the additional collection to occur within forty-eight (48) hours. Any
dispute between the contractor and the resident regarding the amount of trash collected, the
charge or liability of the resident for the additional collection services shall be submitted to the
City Manager for resolution. The decision of the City Manager as to the amount of the charge
shall be binding upon the contractor and the resident.
2
zr~tC.~ It shall be unlawful for any person to leave outside any building in a place
accessible to children any appliance, refrigerator or container with_ ~ ........
~eor Ear ~een remeve~ any doors, lids or closures of any type in place. This prohibition shall
not apply to any appliance, refrigerator or container at a co~ercial esmblis~ent which has
been placed on or adjacent to ~e rear of ~e building and is crated, strapped or locked to an
extent ~at it is ~possible for a child to obtain access to any_..~;~;-~'..,... compa~ent thereof.
(D) If bulk trash is placed curbside at time periods or at locations outside of those
allowed by Section 51.40(E), and a resident has not called in to request a pickup as set forth in
Subsection (B), then the City or its Contractor may collect the bulk trash and a fee of $11.50
per cubic yard will be charged to the resident or business for the collection of the bulk trash if
such collection is not performed on the regular scheduled collection day. The minimum
charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will
be placed on the resident or business's water bill. If the resident or business does not receive
a water bill then a separate bill for this charge shall be sent to the property owner.
Section 3. That Chapter 51, "Garbage and Trash", Section 51.40, "Placement of
Containers and Trash; Precollection Practices", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 51.40 PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION
PRACTICES.
(A) Blockage of storm drains. It shall be unlawful for any person to place any
refuse, trash, refuse receptacles or containers on, upon or over any storm drain or so close
thereto as to be drawn by the elements into the storm drain or to block the flow of water into
the storm drain.
(B) Dangerous trash items. It shall be unlawful to place dangerous trash items and
all waste materials of injurious nature in containers unless they are securely wrapped so as to
prevent injury to the collection crews and others. Dangerous trash and waste materials shall
include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal,
fluorescent tubes, and television tubes.
(C) Hazardous waste. It shall be unlawful to place hazardous waste in any
receptacle used for collection by the City e .... ~, ,k,:, :~.~,,-~o 1;~.,tarl ; .... ~. t'l::l\ ;~e ~l.~,~tarl ~.-,
aazac,~ The items listed in part (B) may be classified as hazardous waste unless properly
wrapped to prevent in. iuD, to collection crews and others.
(D) Garbage and trash. It shall be unlawful to place, in garbage receptacles, trash
which has not been drained of all liquids. Any items of trash which are too large for
receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may
be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for
that material, provided those items are covered or secured so as to avoid unsightly litter
conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m, on
the day preceding the collection day and must be removed by 7:00 p.m. on the day of
collection. Garbage and trash that is not placed curbside on the collection day by 6:00 a.m.
may not be collected by the contractor if the contractor has already passed the residence. If
garbage and trash is placed curbside at any time other than the time periods allowed, the City
or its Contractor may collect the garbage and trash and a fee of $11.50 per cubic yard will be
charged to the resident or business for such collection. The minimum charge shall be $11.50
and all charges shall be to the nearest whole cubic yard. The fee shall be placed on the
resident or business's water bill. If the resident or business does not receive a water bill then
a separate bill for this charge shall be sent to the property owner.
Bulk Trash. Bulk trash shall be placed curbside no earlier than 5:00 p.m. on
the day prior to the regular scheduled collection day. Bulk trash that is not placed curbside on
the collection day by 6:00 a.m. may not be collected by the contractor if ~e contractor has
already passed the residence and may be su~ect to the fees set forth in Section 51.23(D). If
~e property owner places bulk trash curbside after the Contractor has already passed then the
property owner must remove those items from the curbside by 7:00 p.m. of that day in order
to be in compliance with this Section.
(F) Mechanical containers.
(1) Placement of containers emptied by mechanical means shall be
determined by the City Manager. The following materials shall not be permitted to be placed
in those containers:
(a) Tires.
(b) Motor vehicle parts, including, but not limited to batteries.
(c) Carpet or padding larger than three feet by three feet.
(d) Metal pipe in excess of 1/2-inch by three feet.
(e) Construction or building materials.
(f) Wood in excess of one inch by two inches by three feet.
(2) It shall be unlawful for anyone to place or maintain materials or place
any vehicle under their control, whether temporarily or permanently, so as to block access to
any mechanical container.
4
(G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in
containers as specified herein. All containers shall be kept covered at all times with tight-
fitting covers.
(H) Vegetative waste. Vegetative waste shall be placed only near the edge of the
roadway-adjacent to the property from which it was generated. Placement of vegetative waste
in an alleyway is prohibited unless approved in advance by both the City and its contractor.
Vegetative waste for collection shall be placed at the required location no earlier than 5:00
p.m. on the day preceding the collection date. Vegetative waste that is not placed curbside on
the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has
already passed the residence and may be subiect to the fees set forth in Section 51.22(C). If
the property owner places vegetative waste curbside after the Contractor has already passed
then the property owner must remove those items from the curbside by 7:00 p.m. of that day
in order to be in compliance with this Section.
(I) Recycling.
(1) Recycling containers shall be placed beside the curb adjacent to the
roadway no earlier than 5:00 p.m. on the day preceding the collection date for the
material, provided those items are covered or secured so as to avoid unsightly litter
conditions. The collection shall coincide with the first or second refuse collection day.
Any container placed at curbside must be removed by 7:00 p.m, on the day of
collection. A recycling container that is not placed curbside on the collection day by
6:00 a.m. may not be collected by the contractor if the contractor has already passed
the residence.
..(2) If recycling containers are placed curbside at time periods or at locations
outside of those allowed by Subsection (1), the City or its contractor may collect the
recycling matter and charge a fee of $11.50 per cubic yard. The minimum charge shall
be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be
placed on the resident's or business' water bill.
Section 4. That Chapter 51, "Garbage and Trash", Section 51.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 51.99 PENALTY.
Any violation of this chapter shall be governed by Section 10.99, "General Penalty" or
Chapter 37, "Delray Beach Code Enforcement", or Chapter 100~ "Nuisances".
Section 5. 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 pan declared to be invalid.
Section 6. That all ordinances or pans of ordinances in conflict herewith be and the
same are hereby repealed.
Section 7. That this ordinance shall become effective upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 1999.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading.
garbagel.ord
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