01-20-98 Regular Ail-America City
qll
JANUARY 20, 1998 - 6:00 P.M./PUBLIC MEARING 7:00 P.M.
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less. The Mayor or presiding officer has discretion to adjust
the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
January 20, 1998
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 January 6, 1998
Special Meeting of January 13, 1998
6. Proclamations:
A. OF NOTE:
In recognition of Susie Simms and her many accomplishments and
years of dedicated service to the community through the Greater
Delray Beach Chamber of Commerce
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 9-98 (HB 3291/TELECOMMUNICATIONS RIGHTS-OF-WAY
ACT): Adopt a resolution opposing House Bill 3291 regarding
fees for use of City rights-of-way by telecommunications
companies, including any proposal to place additional
restrictions and/or limitations on franchise fees charged by
municipalities to for-profit telecommunications providers for
said use and permitting such providers to use public lands
without seeking additional authority from cities.
B. SPECIAL EVENT APPROVAL/ 1998 BUD LIGHT PRO/AM BEACH VOLLEYBALL
TOURNAMENT: Approve a request from Exclusive Sports Marketing,
Inc. for special event approval to allow the 1998 Bud Light
Pro/Am Beach Volleyball Tournament to be held at the municipal
beach on April 25-26, 1998.
C. SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS
COOPERATIVE INTERLOCAL AGREEMENT: Approve a revised version of
the interlocal agreement by and among the Cities of Boca Raton,
2
Regular Commission Meeting
January 20, 1998
Boynton Beach and Delray Beach to establish the South Palm
Beach County Public Safety Communications Cooperative.
D. SERVICE AUTHORIZATION #3/MPA ARCHITECTS, INC.: Approve Service
Authorization %3 in the amount of $28,000 to MPA Architects,
Inc. for preparation of construction documents and
administration for the Leon Weekes Environmental Preserve
project, with funding from 117-4169-572-63.40.
E. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE:
Ratify the appointments of Nick Maiorana, Assistant Principal
at S.D. Spady Elementary School, as the Spady representative
and Kellie Carmichael as the Atlantic High School Student
Council representative to the Kids and Cops Committee to fill
unexpired terms ending April 22, 1998.
F. RESOLUTION NO. 8-98: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 28 properties
throughout the City.
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period January 5 through 16, 1998.
H. AWARD OF BIDS AND CONTRACTS:
1. Bid award, under State Negotiated Price Agreement %07557,
in the amount of $52,408.66 to Automotive Resources, Inc.
for mobile vehicle lifting equipment for the City Garage,
with funding from 334-6111-519-64.25 (General Fund Capital
"Garage Lifting Systems").
2. Purchase award to Sensus Technologies, Inc. for both
standard and remote encoder type small water meters via
City of Cape Coral bid; with funding on an as needed basis
from Water/Sewer Renewal & Replacement (442-5178-536-
52.31).
9. Regular Agenda:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's decision to deny
the Certificate of Appropriateness for the design of a new
single family residence at 327 S.E. 7th Avenue in the Marina
Historic District. QUASI-JUDICIAL PROCEEDING
B. REQUEST FOR WAIVER/REDUCTION OF REZONING FEE FOR PENTECOSTAL
CHURCH OF GOD: Consider a request from Reverend St. Louis
Mervilus of the Pentecostal Church of God for a waiver or
reduction of the application fee for a proposed rezoning within
the Silver Terrace redevelopment area.
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Regular Commission Meeting
January 20, 1998
C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from
the Chamber of Commerce for special event approval for the
Delray Affair to be held April 17-19, 1998.
D. SETTLEMENT OFFER/GARLANDS V. CITY: Consider approval of a
settlement offer in the referenced matter as recommended by the
City Attorney.
E. AMENDMENT TO COCA-COLA CONTRACT AND AMENDMENT ~1 TO NET ASSETS
CONTRACT: Consider approval of an amendment to the contract
with Coca-Cola Enterprises, Inc. to provide that for the years
1998 and 1999 Coca-Cola will pay directly to Net Assets the
monies that were to be paid to the City, unless Net Assets
fails to promote the Nuveen tournament in 1998 and 1999, and
Amendment #1 to Promotional Sponsorship/Site Agreement between
Net Assets, BJCE, Inc. and the City to provide that the monies
originally due the City from Coca-Cola will be included in the
computations to derive the City's 35% share of net profits.
F. RESOLUTION NO. 7-98: Consider approval of a resolution setting
a public hearing date of February 17, 1998, at 7:00 p.m. for
consideration of the Woods of Southridge Special Assessment
District for the improvement of streets within the subdivision.
G. RECOMMENDATION ON COUNTY LAND USE AND ZONING CF2%NGE FOR B/E
AEROSPACE PROPERTY: Consider making a recommendation on a
proposed Future Land Use Map amendment and zoning change for
property located in Palm Beach County's jurisdiction, but
adjacent to the cities of Delray Beach and Boynton Beach. The
subject property is a single family home that is located next
to the B/E Aerospace facility, between 1-95 and Lake Ida.
H. CONTRACT ADDITION (C.O, ~2)../O'CONNOR & TAYLOR, INC.: Consider
approval of an addition to our contract (C.O. #2) with O'Connor
& Taylor, Inc. in the amount of $38,218.00 for converting the
existing center hard court at the Tennis Center to a subsurface
watering system court, with funding from 334-4145-572-63.90
with budget transfer from 334-6112-519-62.10.
I. CLOSE-OUT CHANGE ORDER ~3 AND FINAL PAYMENT/GOLDEN EAGLE
ENGINEERING CONTRACTORS, INC.: Consider approval of close-out
Change Order #4 in the amount of $18,575.18 and an additional
54 calendar days, together with final payment in the amount of
$80,205.52 to Golden Eagle Engineering Contractors, Inc. for
the East Atlantic Avenue beautification project, subject to
completion of the landscape maintenance item (alternate #1 of
the contract) on February 13, 1998. Funding will be from
334-3162-541-61.17 ($17,159.12), 442-5178-536-63.90
($31,310.40), 448-5411-538-63.39 ($6,645.00), and 334-4141-
572-61.73 ($25,091.00) .
J. RESOLUTION NO. 10-98: Consider approval of a resolution
amending Resolution No. 88-97 which established the Parking
Management Advisory Board, by amending Section 3 pertaining to
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Regular Commission Meeting
January 20, 1998
membership composition to include a citizen-at-large
representative.
K. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify
the Planning & Zoning Board, Community Redevelopment Agency and
Downtown Development Authority appointees to the Parking
Management Advisory Board, and appoint five additional members
to the Parking Management Advisory Board. The appointments
will be made by Commissioners Schmidt, Egan, Ellingsworth and
Randolph, and Mayor Alperin.
L. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular
member (engineer position) to the Code Enforcement Board for a
three year term ending January 14, 2001. The appointment will
be made by Commissioner Egan.
M. APPOINTMENT TO THE KIDS AND cOPS COMMITTEE: Appoint a member
to the Kids and Cops Committee in the category of 'Other
Representation' for a term ending October 31, 2000. The
appointment will be made by Commissioner Schmidt.
N. SETTLEMENT OF EXCESS JUDGT~ZNT IN THE CASE OF CHARLIE BROWN V.
CITY: Consider settlement of the referenced matter.
10. Public Hearings:
A. ORDINANCE NO. 6-98: An ordinance amending Chapter 51, "Garbage
and Trash", of the City Code by amending Section 51.23, "Bulk
Trash", to provide that bulk trash may be collected on either
the first or second refuse collection day.
1. AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT WITH BFI: Consider approval of
Amendment No. 4 to the Solid Waste and Recycling
Collection Franchise Agreement with BFI Waste Systems of
North America, Inc., (BFI) to allow BFI to change the bulk
trash collection day from the first refuse collection day
of the week to the second refuse collection day of the
week in certain areas of the City.
B. ORDINANCE NO. 1-98: An ordinance restating and amending
Ordinance No. 64-92 and Ordinance 11-96 which comprise the SAD
(Special Activities District) zoning ordinance for the
Waterford Place/Delint Development of Regional Impact (DRI), by
incorporating any existing conditions of the Waterford
Place/Delint DRI into the SAD zoning district and establishing
conditions for further development.
1. RESOLUTION NO. 6-98: A resolution authorizing the
abandonment of the Waterford Place/Delint Development of
Regional Impact (DRI), making findings of fact and
conclusions of law approving the abandonment of the
Waterford Place/Delint DRI, and constituting this
resolution as a Development Order by the City of Delray
Beach in compliance with law.
--5--
Regular Commission Meeting
January 20, 1998
C. ORDINANCE NO. 4-98: An ordinance amending Section 4.4.26,
"Light Industrial (LI) District", Subsection 4.4.26(H) (3),
"Special District Regulations", of the Land Development
Regulations to reduce the minimum floor area allocated per
tenant or bay from 4,000 sq.ft, to 2,000 sq.ft, in the LI zone
district.
D. ORDINANCE NO. 2-98: An ordinance amending the Redevelopment
Plan of the Community Redevelopment Agency as modified. If
passed, a public hearing will be scheduled for February 3,
1998.
E. ORDINANCE NO. 8-98 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Section 4.4.13, "Central Business (CBD)
District", of the Land Development Regulations to allow
densities in excess of 30 units per acre as a conditional use
within certain sections of the Central Business District,
subject to specified performance standards. If passed, a
second public hearing will be scheduled for February 3, 1998.
F. ORDINANCE NO. 3-98: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency
Medical Transportation Fees", of the City Code to adjust the
fee schedule for emergency medical transportation in accordance
with the Inflation Index Charge for 1998.
G. ORDINANCE NO. 5-98: An ordinance amending the Land Development
Regulations Section 6.1.3(C) "Sidewalk Construction
Requirements" and Section 6.1.4(C) "Driveway Construction
Requirements"
H. ORDINANCE NO. 7-98: An ordinance amending Chapter 50,
"Utilities Generally; Public Service Tax", of the City Code to
comply with changes made in the state law regarding the record
keeping requirements and procedures for taxation of
telecommunication services.
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:
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Tate
v. City of Delray Beach and Lake Worth Drainage District.
-6-
Re§ular Commission Meeting
January 20, 1998
Attendees: Mayor Jay Alperin
Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
Bill Doney, Esquire
A certified court reporter
Purpose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
-7-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 20, 1998 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.C.1. CITIBANK REQUEST FOR COLD AIR BALLOON AT THE NUVEEN
(CITIBANK CHAMPIONS) TENNIS TOURNAMENT: Consider a
request from Citibank Champions, a sponsor of the
upcoming Nuveen tournament, for the use of an inflatable
cold air balloon at the Tennis Center during the
tournament.
NOTE: This item is added as a sub-item to 9.C., Special Event
Request for the Delray Affair, inasmuch as that request
also included the use of cold air balloons.
ref:ADDENDUM
WHEREAS, Susie Simms has been a member of the Greater Beach Chamber of
Commerce since 1989; and,
WHEREAS, Susie Simms has served as Chairman of the Board of the Greater
Delray Beach Chamber from January 1, 1997 to December 31, 1997; and
WHEREAS, under Susie's leadership, the Chamber met and/or exceeded over 90%
of the Program of Work goals including:
o Completed the renovation and 3,000 square foot expansion of the chamber
building and exceeded the $300,000 Building for the 21st Century campaign
goal.
o Exceeded all membership development goals and brought membership to an all
time high of 988.
o Conducted three TmamDelray programs to promote understanding of the economic
importance of tourism.
o Produced 50 thousand Visitor Brochures promoting Delray Beach and its
amenities.
o Placed local business people on Delray Beach School Advisory Councils (SACS).
o Sponsored the 2nd World Class Academy for Palm Beach County.
o Conducted, in cooperation with the City Education Board, two school
Principals Forums.
o Graduated eighteen business leaders from Leadership Dalray.
o Conducted two Buainasa Development and Retention breakfast programs through
the Council of 100, with guest speakers A1 Dunlap of Sunbeam Corporation and
Dave Fuente of Office Depot.
o Advertised Delray Beach in two issues of FLORIDA TREND magazine.
o Hosted Joint Legislative Program with the Boynton Beach Chamber.
o Expanded Legislative Alert Network to encourage direct contact with Florida
Legislators.
o Set record numbers for the Delray Affair with over 600 arts & crafts,
entertainment, food, and amusement vendors exhibiting to over 250,000
visitors.
o Delray Affair was recognized again as one of the Top Twenty Events in the
Southeast by the Southeastern Tourism Society and among the 200 Best Art
Events in the nation by Sunshine Artists Magazine.
o Expanded and revised the Chamber's Internet web site which now receives over
30,000 "hits" (requests for information) each month.
o Provided links to chamber members' web sites as well as the Delray Beach Fire
Department and Police Department.
o Continued to house and support the Joint Venture, the cooperative program of
the Chamber of Commerce, the Community Redevelopment Agency and the Downtown
Development Authority for the purpose of marketing downtown Delray Beach.
Major events include Art & Jazz on the Avenue, Summer Nights, Gallery
Strolls, Fourth of July festivities, the 100' Christmas Tree and Delray's
first First Night.
Susie managed all this, plus developing and managing her own new business - Simms
International Group.
NOW, THeReFORe, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, do hereby join in the honoring of
SUSIE SIMMS
in recocjnition of her many accomplishments and years of dedicated service to her
community through the Greater Dalray Beach Chamber of C~rce.
IN WIT1T~SS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City of Delray Beach, Florida, to be affixed this 20th day of January, 1998.
MAYOR
JAY ALPERIN
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg~]'AGERF~'~
SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF JANUARY 20, 1998
RESOLUTION NO. 9-98 (HB 3291/TELECOMMI/NICATIONS
RIGHTS-OF-WAY ACT)
DATE: JANUARY 15, 1998
At the January 6th regular meeting, Mrs. Jean Beer made a
statement under public comments that P.R.O.D. (Progressive
Residents of Delray) is strongly opposed to the provisions of
House Bill 3291 known as the telecommunications rights-of-way act
and urged the City Commission to oppose this proposed legislation.
It was the consensus of the Commission to support a resolution
opposing House Bill 3291. Resolution No. 9-98 has been drafted in
response.
House Bill 3291 concerns fees paid to municipalities for the use
of public rights-of-way. The existing state law allows
municipalities to charge telecommunications companies up to one
percent of their gross revenues in franchise fees, and those firms
that provide cable television, gas and electricity pay similar
fees. Under House Bill 3291, the telecommunications industry
hopes to place stricter caps on what cities may collect, which
would give for-profit telecommunications providers nearly free
access to land for which the municipalities should be compensated.
Further, language in the proposed bill could permit
telecommunications providers to use public lands without seeking
"additional authority" from the cities.
Resolution No. 9-98 opposes House Bill 3291, including any
proposal to place additional restrictions and/or limitations on
franchise fees charged by municipalities to for-profit
telecommunications providers for the use of public rights-of-way
and permitting providers to use public lands without seeking
additional authority from the cities.
Recommend approval of Resolution No. 9-98.
ref:agmemol2
RESOLUTION NO. 9-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING HOUSE BILL NO. 3291
REGARDING FEES FOR USE OF CITY RIGHTS-OF-WAY BY
TELECOMMUNICATIONS COMPANIES, INCLUDING ANY
PROPOSAL TO PLACE ADDITIONAL RESTRICTIONS AND/OR
LIMITATIONS ON FRANCHISE FEES CHARGED BY
MUNICIPALITIES TO FOR-PROFIT TELECOMMUNICATIONS
PROVIDERS FOR SAID USE AND PERMITTING SUCH
PROVIDERS TO USE PUBLIC LANDS WITHOUT SEEKING
ADDITIONAL AUTHORITY FROM CITIES.
WHEREAS, House Bill No. 3291 concerns fees paid to
municipalities for the use of public rights-of-way by
telecommunications companies; and
WHEREAS, the existing state law allows municipalities to
charge telecommunications companies up to one percent (1%) of their
gross revenues in franchise fees, and those firms that provide cable
television, gas and electricity pay similar fees; and
WHEREAS, with the proposed bill, the telecommunications
industry hopes to place stricter caps on what cities may collect,
which would give for-profit telecommunications companies nearly free
access to land for which the municipalities should be justly
compensated; and
WHEREAS, language in the proposed bill could further permit
telecommunications providers to conduct their business on public
lands without seeking "additional authority" from the cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission hereby opposes House
Bill No. 3291 regarding fees for use of City rights-of-way by
telecommunications companies.
Section 2. That opposition to House Bill No. 3291 is
specifically directed to any proposal to place additional
restrictions and/or limitations on franchise fees charged by
municipalities to for-profit telecommunications providers for said
use, and further to permit such providers to use public lands without
seeking additional authority from cities.
Section 3. That the City Clerk is hereby directed to send
a copy of this resolution to the Florida League of Cities, the Palm
Beach County Legislative Delegation, the sponsors of House Bill No.
3291 and other concerned parties as may be appropriate.
Section 4. That this resolution shall take effect
immediately upon passage.
PASSED AND ~OPTED in regular session on this the 20th day
of January, 1998.
ATTEST:
- -' ~y~i~k
- 2 - Res. No. 9-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY NAGER
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JANUARY 20, 1998
SPECIAL EVENT APPROVAL/ 1998 BUD LIGHT PRO/AM BEACH
VOLLEYBALL TOURNAMENT
DATE: JANUARY 14, 1998
This is before the Commission to approve a request from Exclusive
Sports Marketing, Inc. for special event approval to allow the
1998 Bud Light Pro/Am Beach Volleyball Tournament to be held at
the municipal beach on April 25-26, 1998. Details are outlined
in the attached memorandum from Mr. Weldon.
We have hosted this event for the past three years and it has
been very successful.
Recommend approval of the request to hold the 1998 Bud Light
Pro/Am Beach Volleyball Tournament at the municipal beach on
April 25-26, 1998.
ref:agmemo5
Agenda Item No.:
AGENDA REQUEST
Date: January ..5, 1.998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 3anuar~ 20, 1998
Description of agenda item (who, what, where, how much): Request approval
to host the 1998 Bud Light Pro/Am Beach Volleyball Tournament at our municipal beach.
ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature: .
Determination of Consistency wit mprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review' (required on all items involving expenditure
of funds ):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Untilf°r: agenda: ~/ N~"~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1Tqd' DF DELIII:I¥ BEI:I£H
DELRAY BEACH
~ 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmeficaC~
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: 1997 Bud Light Pro/Am Volleyball Tournament
DATE: January 6, 1998
Attached please find a request from Gary Hallas of Exclusive Sports
Marketing to bring the 1998 Bud Light Pro/Am Beach Volleyball Tournament
to Delray Beach once again on April 25 and 26, 1998.
Exclusive Sports Marketing has requested the following:
1.) 25-30 temporary volleyball courts with a 10' X 10' platform and 4 5'
X 7' scaffolding towers, as well as an additional number of 10' X 10'
pop-up tents used for sponsor venues. Seven spaces for staff parking at
no charge Wednesday through Sunday and the placement of a large stage on
the beach. ~ -
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 vehicles on the beach for support 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
Prtnted on Recycled Paper
6.) Mr. Hallas 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 in late January or early February, 1998.
7.) Exclusive Sports Marketing will donate $500 to the Beach Patrol to
help fund their competition team.
As you may recall, we previously hosted this event the previous three
years and they were very successful. I recommend approval for this
event, and request you place it on the January 20, 1998 agenda for City
Commission consideration.
Please review and advise.
Parks and Recreation
Attachment
cc: Sharon Morgan
Agenda Coordinator
Rich Connell
Beach Supervisor
JW: cp
Ref :vollybal
Wednesday, December 17, 1997
Joe Weldon
City Of Delray Beach
City Manager
50 NW 1st Avenue
Delray Beach, FL 33444
Dear Sir:
This letter will serve as a request for the98 Bud Light Beach Volleyball Series to once again be on
Delray Beach on April 25-26 directly to the south of the Holiday Inn. The Bud Light Series will
follow the same guidelines and have the same set-up as was required in 97.
The Bud Light Beach Volleyball Series consists of 25-30 courts with a center stage that is a 10x10
platform and four 5x7 scaffolding towers. There will be an additional number of 10x10 pop-up
tents used for sponsor venues.
If you have any concerns or questions feel free to contact me at 561-241-3801. Thank you for
your support and I look forward to working with you again in 97.
Sincerely,
Gary Hallas
VP of Operations
EXCLUSIVE SPORTS MARKETING
1060 HOLLAND DR., SUITE 3L, BOCA RATON, FLORIDA 33487
TO: JOE WELDON-DIRECTOR OF PARKS AND RECREATION
FROM: GARY HALLAS-EXCLUSIVE SPORTS MARKETING
RE: 98 BUD LIGHT BEACH VOLLEYBALL SERIES
Joe,
This letter is to finalize the 98 Bud Light Beach Volleyball Series coming to Delray Beach once again in 98. This letter
will also address the needs and concerns of the Bud Light Tour pertaining to the City of Delray Beach for the dates of
April 25-26. This letter will outline the specific details involved with the operation and implementation of tim series on
the beach. Exclusive Sports Marketing requests that the City of Delray Beach;
· Provide Electricity for the tour at an already established outlet provided in 97.
· Provide parking at the Sandaway Park for the players on April 25-26 with a staff member collecting a $2.00 fee. Number of these spots to be determined by City (75-100)
· Allow ESM's 4*4 on the beach from Wed. thru Sun. of the event for set-up and breakdown
· Allow ESM truck access to the beach Wed. thru Sun. of the event
· Provide extra trash receptacles and dumpster for the series clean-up
· Staff parking (7) Wed. thru Sun.
· Provide overnight parking for ESM truck
· Sound Ordinance (alter talking with Mr. Weldon, ESM will follow 'all rules and limits)
· Restrooms will be at Anchor Park
· Waive 'all restrictions as to signage placed on the beach for event
· Provide $500 donation to the Delray Beach Lifeguards
· Place City of Delray on additionally insured policy of tour for the event.
· Center court set-up just north of Sandaway Park.
Joe, if there is any other questions or concerns you might have fell free to c~dl me at 561-241-3801. I will be in contact
SOOn,
B est Regards;
Gary Hallas
Exclusive Sports Marketing
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JANUARY 20, 1998
0UTH UB ,IC O IC TION
COOPERATIVE INTERLOCAL AGREEMENT
DATE: JANUARY 14, 1998
On September 9, 1997, the City Commission approved an interlocal
agreement by and among the Cities of Boca Raton, Boynton Beach
and Delray Beach to establish the South Palm Beach County Public
Safety Communications Cooperative. Additional changes were
subsequently recommended by staff and a revised version of the
interlocal agreement is now proposed for adoption.
Attached is a copy of the interlocal agreement in legislative
format so that the changes to the original document can be easily
recognized. A number of typographical errors were also
identified. All of the changes and corrections have been
incorporated into the final version proposed for adoption by the
three cities.
Recommend approval of the South Palm Beach County Public Safety
Communications Cooperative Interlocal Agreement.
ref:agmemo6
DELRAY BEACH
Delray Beach Police Department
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Ross Licata, Captain ~.x
Director of Support Services
DATE: January 9, 1998
SUBJECT: SOUTH. ,PALM.BEACH Co..UNTY pUBLIC.SAFETY
COMMUNICATIONS COOPE.RATIVE INTER.LOCAL AGREEMENT
Attached is the revised version of the Intedocal Agreement between the Cities of
Delray Beach, Boca Raton and Boynton Beach. The agreement contains the
recommended changes made by City staff members from each of the
municipalities, most notably Brian Shutt, Joe Safford, Jeff Kristiansen and myself.
The City of Boynton Beach approved Resolution ~97-189 on December 16, 1997
pertaining to this agreement. The City of Boca Raton has the agreement on their
consent agenda scheduled for January 13, 1998. Pending any unforeseen
problems, I expect that the City of Boca Raton will accept the agreement as well.
At this point I feel comfortable resubmitting the Intedocal Agreement for your final
review and approval and that of the City Commission.
Once the three cities have agreed upon this Intedocal Agreement, we will then
proceed by contacting Omnicom for the next phase of our Communications
Center restructuring.
If you have any questions about this or any other issues, please do not hesitate
to contact me.
RUppt
Attachment
cc: Chief Overman
DELRAY BEACH POLICE DEPARTMENT
TO: Captain Ross Licata
Commander, Support Services
FROM: Jeffrey W. Kristi~
Manager, Communications'
DATE: January 14, 1998
SUBJECT: Interlocal Agreement/Underlined Draft
The attached draft interlocal agreement was received this moming from
Michael J. Pawelczyk (pronotmced Pavalcheck), as you requested. It
identifies changes (those underlined) made during the meeting with respective
City Purchasing Directors.
Please note that a number of typographical errors were identified after this
revision and were corrected in the final version that is expected to go before
our City Commission. Nevertheless, significant changes affecting funding
and operation will be easily recognized.
JWK
CITY OF BOYNTON BEACH
CITY A'I-I'ORNEY'S OFFICE
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH 33425-0310
Phone (561) 375-6050
Fax (561) 375-6054
FACSIMILE TRANSMISSION COVER SHEET
TO: Jeff Christlanson
FAX NUMBER: 243-7816
FROM: Michael J. Pawelczyk
Assistant City Attorney
RE: Backbone Intortocal Agreement
DATE: January 14, 1998
This facsimile tratmmission contains 16 page(s), including the cover sheet.
Attached hereto is the copy of thc underlined version of the above agreeraent alta/ted in
November 1997. This oMer version was dra~ to set forth thc changes to thc agreement
requested after a meeting of all parties involved. Since that time, representatives from the
three parties have suggested a variety of changes that have been incorporated into thc
final document.
Should you have any questions, please call.
The information contained in this facsimile tncsss_ge and thc pages following are attorney privileged and confidential
information intended only for thc use of the individual or entity n~rned above. If the reader of this message is not the
intended recipient, you are hereby t~otified that any dissemination, distribution, or copy of this commumc, atitm is
~-[ctly Frohibited, If you have received this co~a.unicstion in rrror, pl~ immediately notify us by telephone o. nd
return the origi~ message to us at the above address via the U,S, Postal Service. Thank you.
if any problems occur in receiving this message, please call this offive at ($61) 375-6050,
INTERLOCAL AGREEMENT
to estabihh
South Palm Beach County Public Safety Communications Cooperative
THIS AGREEMENT, entered into this day of ,1997, by
and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH and the
CITY OF BOYNTON BEACH, each a Florida municipal corporation located in the Palm
Beach County, Flor/da, hereinafter referred to as the "Parties".
WItEREAS, ~h of the parties presently mainta~ a policdfim d~at'tm~t
and local ~ovment with radio communicatiom $~,ic~, and
Wl:rER~A$. the Parties dedre ~ ~nt~ into a eoo?rative arrangement to _nmvld~
tl~eomrnunication ~/~i,~r,,reouired for nnbhe ~fc,~ and loca~ ~rov~arn~t
Wl~~S~ the u~e of a eoon~r',~tive of'the thr~ munieinal~ties to provide
c0_mmunication~ .q~vic~ exnand~ the g~o_m'~ hieal u~e ofavailabl~ fr~tt~nei~ for
muttu~l aid and day-to-day aetiviti~: ~d
WltE~S. S~tion 163.01. Florida ~It~tutes~ nermit~ nublie a~eneies to ent~
into Interloeal ~_m-~-ment~ with each oth~ to }oin_t!.y ~-xe. mi.~e my .r~ow~ privil ~e~,~. or
authority_ which ~aeh ag,2neie~_share in common and which ~aeh might exerei~
WHERE~AS. Existing radio tran.~nitter sites are located at 2500 NW 1't Avenue
in Boca Ratorb Florida flat. 26-22~16 N. Lon_m 80-05-08 W3 and 551 N-W 14~ Avenue in
Boynton Beach, Florida (Lat. 25-32-28 lq. 80434-18 W~_: and
WItEII~AS. _uursnant to this interloca! _agreement. the municioalities' resoee_ tire
tmlice and fire departments and local _c, overnmcnt will be able to communicate with each
other benefiting public_safety concerns: and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement
for tho express purpose of cooperating in the provision of communicating services
without regard to territorial boundaries, which shall benefit mutually and equally the
citizens of mmh. Ra~.
NOW TIqERElrORE, The Parties, in consideration of_the mutual promises.
to~rrns- conditions and benefits hereinafter setforth,~ the receint of which is hereby
il~knowledffed, do hereby a_m'oo as follows:
Section I. DEFINITIONS
1. "800 MIIzKJHF TRUNKED SIMULCAST RADIO (TSR) System" or
"System" shall mean tho entirety of tho jointly-shared TSR system, to include Backbone
Items and User Specific Items, as such system will exist following the completion of the
Project.
2. "Backbone System" shall mean those non-user specific elements of the
System which shall be jointly used or shared by the Parties and shall include, but not be
limited to, the construction, modification and/or furnishing of new or existing
transmitter/receiving sites and related subsystems as required for such System; the
construction and/or modification and out-titling of new or existing equipment storage
2
facilities at such sites; security of such items, based stations, transmittcr~rcccivers,
microwave subsystem, tru.nking/simulcast controllers/system managers, related software
and any other jointly used or shared items.
"NCC" shall mean the Federal Communications Commission or any
successor agency.
4. "Project Coordinator" shall mcan the pe~on designated by the
Coopcrative Board of Directors to be responsible for the interface bctwccn the Parties and
the day-to-day coordination and management of thc Project during the planning and
construction phases. The Project Coordinator shall perform the duties assigned under this
and any other Agreement between the Parties relating to the Project or the operation and
maintenance of the System. The Proiect Coordinator is a _~0s_iti'on rco_uired by the Feders!
Communications Commission _(FCC). The Proiect Coordinator shall be lmooint~el from
the Project Team,
5. "Project Team" shall mean the team composed of representatives
designated by each Party to advise the Project Coordinator. The Corrtmunicm'it)ns
Directors of each Party must be a t~art of the Pro_ie~t Team.
6. "User Specific Items" shall me. an those eleln~7~f the
System
for
each Party's individual commullicatiorls system, purchased, installed and/or used
individually by each Party and shall include, but not be limited to, radios, dispatch
consoles, encryption devices, computer terminals, and other communications structures.
Each Party shall be responsible for developing its own requirements for User Specific
Items and supervising thc installation thereof at locations determined by such Party.
Section 2, THE PSCC AND ~ BACKBON~ SYSTEM
A. This agreement constitutes an/uterlocal agreement authorized by Section
163.01, Florida Statutes, being a joint exercise of power shared ha common which any
City could exercise separately and shall be filod with the Clerk of the Circuit Court in and
for Palm Beach County, Florida.
B. The purpose of this Agreem~rit is to provide for the establishment and
operation of a cooperative local government and public safety communication radio
system for thc mutual advantage of the cities.
C. The terrn_of this Am'eement shall be for thirty_ (30) years fi'om the
execution of this Intertocal A_m-cement by all Parties hereto, unlcss sooner terminated as
tmrovided herein.
D. There is hereby created an administrative agency to be entitled the South
Palm Beach County Public Safety Communications Cooperative, heruin after referred to
as "PSCC". The PSCC shall have thc following general powers by the parties:
1. Leasc, sublease or be assigned the lease of real property from any
political subdivision of the State of]Florida;
2. Receive funds, including lOfts, grants and bequcsts, from any aourcc,
public or private, prov/dod that no power to levy taxes or assessments be inf~red
hen:from;
3. Improve and maintain any and all real property acquired by lease,
sublease or assignment of a lease;
4. Purchase, lease and install fixtures and moveable property appropr/ate
to a local government and public safety radio Backbone System;
5. t~nter into contracts; and
6. Exercise any other power that may be necessary for the operation of a
cooperative local governmcnt and public safcty radio Backbone System or that
may hereafter bc agreed to by all Cities if within the common powers of all Cities;
7. Hold titles and licenses for the operation of the radio Backbone System.
D. The PSCC shall bc governed by a board ofthree ~ to be known as
the Board of Directors, which shall consist oftbe city managers of each City
or ~ designee. A chairperson and a secretary shall be selected by and from the
Board membership. The chairperson and secre~ shall serve for a t~t~ of one year
and may serve successive terms without limimtiom Board members shall serve
without compensation fi'om PSCC; however, any City may reimburse the member
r~presenting that City for expenses incurred in the attendance at meetings. Each
Board member shall be entitled to one vote. The presence of a representative of
each Party shall be required to constitute a quorum. Action of the Board shall be
by ~ms~imQus vote of thc Board. Bach city manager shall select an alternate m~-mber for
thc Board, who shall servc in the absence of thc regular member for whom he or she is m
alternate. Thc Board shall establish such procedural rules and regulations for the conduct
of its meetings as it may deem necessary, inch~din~ the recordin~ of minutes. The Board
shall meet ~t least once a year and at such other times as the Board shall determine. All
decisions of the Board shall be published in a set of minutes, prepared by a recording
sccretsry selected by the Board. The miuutcs shall bc prepared and distributed to the city
managcr and city clerk of each of the Parties within fifteen (15) days following each
meeting of the Board. The minutes shall be ratified by the City_ Commi~ssion or City_
Council of each Party.
5
E. The Board of Directors may assign questions relating to the daily
administration and operation of the function of the eommtmications radio system to a
committee which shall be known as the Administration Committee. The Administration
Committee shall consist of one repr~entafive of each Party to be appointed by that
Party's city manager. It is the intent of this Agreement that such appointments will be
made from Communications Center Managers and/or Directors. An alternate member
shall be selected by each city manager to serve in the absence of the regular member.
Each member of the Administration Comrrfittee shall be entitled to one vote. The
Committee shall meet at such times, as the Committee deems necessary. The
Administration Committee ~hall attend a_lJ~m_ eetln_~s 0fthe t~oard. Members shall serve
without compensation from PSCC; however, any City may reimburse the member
representing the City for expenses incurred in the attendance at meetings. All actions
of the Committee shall be subject to the review and approval of the Board of Directors.
F. It is the intent of this 3qo'eement that the PSCC shall be established with
Local Government and Public Safety radio communications as the main function of
operation. However, the Board of Directors may from time to time, ~ubject to the
approval of the governing bodies of all Parties, add additional functions to the system as
it may deem to be in the best interests of the public.
G, The Administration Committee shall prepare the annual operation budget
for submission to the Board of Directors. The Administration Committee shall k~'p an
accurate accounting of the financial operation of the PSCC and shall report quarterly to
the Board of Directors on the financial condition of the PSCC.
1. Tho party_. CITY OF DELRAY BEACH's Finance Department shall
act as the ~a~_ agency with rest_ ect to.the m4ministrafive work in
pr~_ arlng the _annual bud?et, settln_u ~ and_monitoring nemessary
~_anldn? accounts and/or sp_ ~cial revenue flandm ~and maintaining fund~
for disbumemmat for tho PSCC. Tim CTIW OF D~LRAY BEAC'~I
Finane~ D~artment .*hall _t)erform thi~ administrative function at no
co~t to the PSCC_ or the other Parties.
2, l~zeh Partv/_C! _ty shall indeoendentt_v provide_monie~ to the PSC(~ and
s_hail have a setmrate pureh:~e order for the purcha~O of the backbone
sy~tc-m and related equipment.
3. The CITY OF DELRAY BEACH Finance Denartment -,hall malnmln
ail financial records.
H. The annual budget of the PSCC shall be approved by the Bom'd of
Directors and submitted to the city manag~ of the Parties no later than ~ l~t of each
year. Each annual op_ erafin~ budget of the Cgt~_ erati_'.ve shall be ap. proved bv resolution of
the indc, nendent governing bodies of each Party. ~ny nnhud_l~eted financial commitment~
.~hal! also b~ .app_ roved by resolution of governing bodi~ ofe~h Party. The first fiscal
year of the PSCC shall begin with the effective date of the Agreem~t, endin~ ,qep. tenaber
~fl~9_]~, and shall therea~er be collcurre~t with the fi~l years of the Cities. The annual
budget for the fu'st fiscal year of the PSCC shall be prepared and adopt~xl by the Board of
Directors no later thma sixty_ (_60~ day~ following the effective date ofthi~ agrecm~t.
I. . The Parties hereby warrant and re~. esent that each has the full legal
authori~ and financial ability_ to operate and maintain the Backbone Communications
System through th_e pScc.
J, . Maint _e~anee cost sharing wj_'ll be based on an "access _ us airtime
n~a~e. This is a two-part calculation, where one-half' the_maintenance cost (the cost
share) is to be chase_ed equally among ali radio units having access to the system on a ncr
unR basis, Cost share is to be calculated by halving the maintenance bill and dividing the
amount of subscribin_~ tmits~ (radios canable of utilizing th_e_system). The other half shall
be paid by the parties based on the percenta_~o of airtime used bv each patty.to this
Example: A maintenance bill is received in the amount_of $100:000. City_ A h~
8_00 r~d!os, City B has 400 radios~and Ci_ty C has 600 radios on the system. Accordin~y.
for this example, there are 1800 radios on the system. Divide $50.000 by 1800 remfltine
in each Ci_ty paving $27.78 per radio. Therefore.Ct _ty A's cost is $22.224. City B's cost is
$11.112 and City_ C's cost is $_16:568, ..For the time oeriod over which the example
maintenance bill was calculated, there was a total of 180;000. minutes of airtime used.
The other half of the maintenance bill ($50.0001 is divided by 180,000 minutes, leavin~
the average airtim_e cost is thci1 $.278 ocr minute. If City. A has used 45% of the total
airtim¢. City_ A pays 45% of the $50.000 o_r_$,278 muttinlied by the number of minutas
used. The same applied for City B and CRv C, The two numbers derived from the two-
par~__ ~alculafion are then added to determine each City's contribution to the maintenance
K. The Purchasing Departments for the respecfiveParties to this Agreement
shall wgrk together with the Project Team to draft _specifications and "bid documents"_ for
the ac,ouisition of the Backbone system and related eauioment. The CITY OF BOCA
~.ATON shall be the lead agency with re~_ eot to the purchase of the Backbone System.
L. Du_ring the term of this Intcrlocal Agreement. and any extension therof, the
PS.CC shall secure and main _l~lin in__full force and effect adeaa, uate insurance for the
Backbone System and related equipment titled in the PSCC. Adea. uate insurance shall
mean in an amount sufficient for total replacement oftl~ Backbone System.
M.. Parties am'ee that the 800MHz Radio Communications Backbone System
is specifically deai_~ned and licensed for voice trammie~ions. Written consent of each
Party is reo_uired fo_r any clat~ wanm'ai~ion; including bm not limited to GPS/AVL:
mobile data telenhone interconnect, over any of the trunked freauencies owned by the
Section 3. TITLE TO BACKBONE SYSTEM
The PSCC ahall hold title to the Backbone System. Proprietary software required
for the operation of th, Backbone System shall be licensed to the PSCC without cost in a
manner which will parrtit its independent uso by eamh Party, and include ~ppropriate
warranties running directly to the PSCC.
Section 4, TORT LIABILITY
To the extent permitted by law, _each Party_. the CITY OF BOCA RATON. the
CITY OF DELRAY BEACH, and the CITY OF BOYNTON BEACH shall each be
r~sponsible for its own negligence. Nothing herein shall be deemed to waive any
immunifi~ granted pursuant to Section 768.28, Florida Statutes.
Section 5, WITlll)RAWAL FROM 800 Mllz/UltF TSR SYSTEM
Aft~: th, conmmt(s), pumuant to the provision, of Section I,C. above has
~ executed, and installation of th, Project has commenced pursuant to such
contract(s), any Party may, upon thnm (3) years prior written notice, as de~ritxxl below,
withdraw from the System and terminate their inter~t in this agreement.
A. There shall be no refund of any payments under this Agreement of the
costs of thc shared Backbone System to a Party should that Party decide to cease using
the Backbone System.
B. If this lnterlocaI Agreement is temlinated by any party, then that party may
remove all User Specific Items purchased solely by it for attac~ent or addition to the
system, or sell such User Specific Items to the remaining parties at a price tO be
negotiated at that time. If such User Speci/ic Items are removed, all removal expenses
shall be the responsibility ofthe removing Party.
C. If any Party sells its User Specific Items to an agency that is not a party to
this Interlocal Agreement, that agency shall not become a party by virtue of the purchase
of the equipment.
D. No Party shall remove or disconnect any User Specific Items from the
system that would result or cause the system to malfunction or disrupt service to the
E. Promptly following notice by a Party that it will withdraw from system,
each Party shall take the necessaxy steps to modify radio channel licenses from the FCC
according to its own needs. The disposition of any expansion channels which may be
added to the system and titled in the name of the PSCC upon the withdrawal ora Party
shall be determined by the PSCC.
F. Upon completion of items (D) and (E) above, the PSCC shall reorganized
and this ~ent shall be amended. Nothing contained herein shall constitute a waiver
of the right of any Party to damages occasioned by any breach of this Agreement by
the other Party.
lO
G. Should any Party elect to withdraw from this Agreement, the other Parties
shall make arrangements to relocate all PSCC equipment situated in the city limits of the
withdrawing Party.
........ H.. Should one Party wish to withdra~v_ from the C _oo~-rative and ~ermi~.
interest in the Interlocal A_~reernent 9r~. should the Coooerative be diasolved, refilin~ with
the Federal Communications Commission (FCC~ for the ~ 9f frea~uencies titled in
name of the each _~m~y_ at the time immediatel_v _orecedin? the creation of the Coo.neratiy~
shall not be r~rohibited_
Section 6. ADDITIONAL AGREEMENTS, AMENDMENT
After the Project is completed and the System is operational, no additional
additional parties, cooperative agencies, or additional ~'xpansion of the Backbone System
may be added or deleted from such System withOUt the written approval of the Parties and
an Amendment to this Agreement adding such additional party, agency, or additional
expansion to the Backbone System. U_oon written consent of the Board of Directors.
individual parties may sub-contract services to include talk groups ~o other government or
regulatory agencies. These services shall not exceed their respective allocation.
Section 7. OPERATION AND MAINTENANCE
Thc Parties reco~m~ize that this Agreement provides for the planning, acquisition
and construction of the Project. The initial cost of the Radio Backbone System shall be
shared equally among the Parties to the agreement. Unless the Parties provide to the
contrary in the subsequent amendment to this Agreement, each Party shall be responsible
or (i) 100% of thc cost of operating and maintaining its User Specific Items included in
the System. and (ii) Each Party is responsible for its pro rata portion of the cost of
11
operating and maintaining the Backbone System, This shall be determined by the
proportion of total air time. After appropriation and budgeting of funds by the Pm'ties,
payment to the PSCC for the cost of operating and maintaining the Backbone System
shall be made in equal quarterly installments. The budget distributed to the city managers
of the Pm'tics shall be based upon the good faith, written calculations made by the Project
Coordinator of thc anticipated air time usage of thc System by the Parties and any other
authorized users prior to the beginning of each fiscal year. Each user's share of such cost
shall be adjusted at the end of such fiscal year based upon the written calculation of the
actual cost of operating and maintaining the Backbone System and the actual calculation
of the air time usage of the System by all authorized uszrs determined from thc records
of usage generated by the System. The Parties shall have a fight to examine the records
used by thc Project Coordinator in making the calculations upon which payment by the
Parties to the PSCC for maintenance and operating expense of the Backbone System will
be based. The PSCC shall insure funds collected are disbursed to the maintenance
vendor. The budget referenced to in Section 1.H shall be based on good faith estimates of
the Project Coordinator.
Section 9. AMENDMENT TO AGREEMENT
This Agreement shall not be amended or modified except in writing executed by
~he Parties, and approved by resolution of thc independent governing body of each Party.
Section 10. MISCELLANEOUS PROVISIONS
I. Each tm-mort signin~ this Addendum on i~half of ei_ther oarty individually
warranm that he or she ha~ full legal power to execute thia Addendum on behalf of the,
12
party_ for whom he or sh~ is si_aning, and to bind and obligate such part3d with respect to
MI _m'ovisions contained in this Addendum.
2. The captions and section desianations herein sot forth are for convtmienc~
~_nly and shall have no aubstantive meamin~a.
3. Anynofice govern _~u~uant to tho terms of this _Interloead Aareement shall
1~ in ,attiring and~ hand-delivered or sent by certified mail; return r~e~ipt reauegted.
~lofic6 Shall be sent to e~ch Girly Manager of the P~ties,
3. If any terms or omvision of this Interlo~al A_arccmcnt. or the .m~n. liqatiorl
thereo_f to any ocrson or circumst~nc.e: shall to any extent be held invalid or
unenforceable, the rcrnaindcr of this Interlocal A~m'ecment_ or the .s~n. lication of such term
or provision. I0 any _m~son or circumstance other thml_those as to which it is held invalid
or unenforceable, shall not be affected, and every other terra and proviz_ion ofthie
Int~rlocal A_m'c~._~?ent shall be deemed valid and enforceable to the extent rmrmitted bv
4. This A_m, eement shall be governed_by the laws of the State of~orida
Any and all legal action necessary to enforce thin Interlocal n_m'eement shall be held in_
Palm Beach Countx,. Florida.
5. 'l'his In~terlocal Agreement .represents the entire under~tandln~ of.th_e.
Partie~: and su_m~rsedea aH other negotiations, r_ep_ resentations or a~l'~ cements, eith~
Written or oral. relating to.this Interlocal A_mn,'ement. None of the pmvisionn: terms and
conditions ~ontained herein may be added tO,_ modified_ sunetm~led or otherwise aIter~l:
except by written in.ntmment executed by tho Parties hm, eto.
13
IN WITHESS WHEREOF, the Parties hereto have caused this Agreement to be
executed the day and year fu-st above written.
Carol G. Hanson ~
Mayor of Boca ~ Florida
Attest:
City Clerk, City ofBoca Raton
Mayor Florida
Attest: ~ ~'~
' City Clerk, City of Boynton
Say Alperht, D.I~
Mayor of Delray Beach, Florida
Attest:
City Clerk, City of Delray Beach
STAT]3 OF FLORIDA
COUNTY OF PALM BEACH
The foregoing insmunent was acknowledged before me this day of
,1997, by Mayor , on
behalf of the City of Boca Raton. He/she is personally known to me or has produced
as identification and did/did not take an oath.
Nh.me:
Notary Public
Serial Number:
My Commission Expires:
14
STATE OF FLORIDA
COUNTY OF PALM BEACH
The fore§oinE instrument was acknowledged before me this day of
,1997, by Mayor , on
bchalfofthe City of Boynton Beach. He/she is personally known to me or has produced
as idcnfification and did/did not take an oath.
Name:
Notary Public
Serial Number:
My Commission Exp'u'CS:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
,1997, by Mayor , on
behalf of the City ofDclray Bcach. He/she is personally known to me or has produced
as identification and did/did not take an oath.
Name:
Notary Public
Serial Number:
My Commission Expir~:
Approved as to Form and Legality Approved as to Form and Legality
City Attomoy City Attorney
Boca Raton, Florida Delray Beach, Florida
Approved as to Form and Legality
City Attorney
Boynton Beach, Florida
J:ca~agn"ns%'otraramic~tlor~ co~R~tlvc intcrlocM
15
INTERLOCAL AGREEMENT
to establish
South Palm Beach County Public Safety Communications Cooperative
THIS AGREEMENT, entered into this day of ,1997, by
and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH and the
CITY OF BOYNTON BEACH, each a Florida municipal corporation located in Palm
Beach County, Florida, hereinafter referred to as the "Parties".
WITNESSETH:
WHEREAS, each of the parties presently maintains a police/fire department and
local government with radio communications services, and
WHEREAS, the Parties desire to enter into a cooperative arrangement to provide
a communication system with operation and maintenance services benefiting public
safety and local government; and
WHEREAS, the use of a cooperative of the three municipalities to provide radio
communications services expands the geographical use of available frequencies for
mutual aid and day-to-day activities; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter
into Interlocal Agreements with each other to jointly exercise any power, privilege, or
authority which such agencies share in common and which each might exercise
separately; and
PSCC Interlocal
Revised 11/21/97
1
WHEREAS, Existing radio transmitter sites are located at 2500 NW 1" Avenue
in Boca Raton, Florida (Lat. 26-22-16 N, Long. 80-05-08 W) and 551 NW 14e Avenue in
Boynton Beach, Florida (Lat. 25-32-28 N, 80-04-18 W); and
WHEREAS, pursuant to this interlocal agreement, the municipalities' respective
police and fire departments and local government will be able to communicate with each
other benefiting public safety concerns; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for
the express purpose of cooperating in the provision of communicating services without
regard to territorial boundaries, which shall benefit mutually and equally the citizens of
each Party.
NOW THEREFORE, The Parties, in consideration of the mutual promises,
terms, conditions and benefits hereinafter set forth, the receipt of which is hereby
acknowledged, do hereby agree as follows:
Section 1. DEFINITIONS
1. "800 MHz/UHF TRUNKED SIMULCAST RADIO (TSR) System" or
"System" shall mean the entirety of the jointly-shared TSR system, to include Backbone
Items and User Specific Items, as such system will exist following the completion of the
Project.
2. "Backbone System" shall mean those non-user specific elements of the
System which shall be jointly used or shared by the Parties and shall include, but not be
limited to, the construction, modification and/or furnishing of new or existing
transmitter/receiving sites and related subsystems as required for such System; the
construction and/or modification and out-fitting of new or existing equipment storage
PSCC Interlocal
Revised 11/21/97
2
facilities at such sites; security of such items, base stations, transmitters/receivers,
microwave subsystem, mmking/simulcast controllers/system managers, related software
and any other jointly used or shared items.
3. "FCC" shall mean the Federal Communications Commission or any
successor agency.
4. "Project Coordinator" shall mean the person designated by the
Cooperative Board of Directors to be responsible for the interface between the Parties and
the day-to-day coordination and management of the Project during the planning and
construction phases. The Project Coordinator shall perform the duties assigned under this
and any other Agreement between the Parties relating to the Project or the operation and
maintenance of the System. The Project Coordinator is a position required by the Federal
Communications Commission (FCC). The Project Coordinator shall be appointed bom
the Project Team.
5. "Project Team" shall mean the team composed of representatives
designated by each Party to advise the Project Coordinator. The Communications
Directors of each Party must be a part of the Project Team.
6. "User Specific Items" shall mean those elements of the System required
for each Party's individual communications system, purchased, installed and/or used
individually by each Party and shall include, but not be limited to, radios, dispatch
consoles, encryption devices, computer terminals, and other communications structures.
Each Party shall be responsible for developing its own requirements for User Specific
Items and supervising the installation thereof at locations determined by such Party.
PSCC Inteflocal
Revised 11/21/97
3
Section 2. THE PSCC AND THE BACKBONE SYSTEM
A. This agreement constitutes an interlocal agreement authorized by Section
163.01, Florida Statutes, being a joint exercise of power shared in common which any
City could exercise separately and shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County, Florida.
B. The purPose of this Agreement is to provide for the establishment and
operation of a cooperative local government and public safety communication radio
system for the mutual advantage of the cities.
C. The term of this Agreement shall be for thirty (30) years from the
execution of this Interlocal Agreement by all Parties hereto, unless sooner terminated as
provided herein.
D1. There is hereby created an administrative agency to be entitled the South
Palm Beach County Public Safety Communications Cooperative, herein after referred to
as "PSCC". The PSCC shall have the following general powers by the parties:
1. Lease, sublease or be assigned the lease of real property from any
political subdivision of the State of Florida;
2. Receive funds, including but not limited to gifts, grants and bequests,
from any source, public or private, provided that no power to levy taxes or
assessments be inferred herefrom;
3. Improve and maintain any and all real property acquired by lease,
sublease or assignment of a lease;
4. Purchase, lease and install fixtures and moveable property appropriate
to a local government and public safety radio Backbone System;
PSCC Interlocal
Revised 11/21/97
4
5. Enter into contracts; and
6. Exercise any other power that may be necessary for the operation of a
cooperative local government and public safety radio Backbone System or that
may hereafter be agreed to by all Cities if within the common powers of all Cities;
7. Hold titles and licenses for the operation of the radio Backbone System.
D2. The PSCC shall be governed by a board of three (3) people to be known as
the Board of Directors, which shall consist of the City Managers of each City or their
designee. A chairperson shall be selected by and from the Board membership. A
secretary shall be selected by, but not from, the Board membership. The chairperson and
secretary shall serve for a term of one year and may serve successive terms without
limitation. Board members shall serve without compensation from PSCC; however, any
City may reimburse the member representing that City for expenses incurred for
attendance at meetings. Each Board member shall be entitled to one vote. The presence
ora representative of each Party shall be required to constitute a quorum. Action of the
Board shall be by majority vote of the Board. Each City Manager shall select an alternate
member for the Board, who shall serve in the absence of the regular member for whom he
or she is an alternate. The Board shall establish such procedural rules and regulations for
the conduct of its meetings as it may deem necessary, including the recording of minutes.
The Board shall meet at least once a year and at such other times as the Board shall
determine. All decisions of the Board shall be published in a set of minutes, prepared by
a recording secretary selected by the Board. The minutes shall be prepared and
distributed to the City Manager and City Clerk of each of the Parties within fifteen (15)
PSCC Interlocal
Revised 11/21/97
5
days following each meeting of the Board. The minutes shall be ratified by the City
Commission or City Council of each Party.
E. The Board of Directors may assign questions relating to the daily
administration and operation of the function of the communications radio system to a
committee which shall be known as the Administration Committee. The Administration
Committee shall consist of one representative of each Party to be appointed by that
Party's City Manager. It is the intent of this Agreement that such appointments will be
made from Communications Center Managers and/or Directors. An alternate member
shall be selected by each City Manager to seawe in the absence of the regular member.
Each member of the Administration Committee shall be entitled to one vote. The
Committee shall meet at such times, as the Committee deems necessary. The
Administration Committee shall attend all meetings of the Board. Members shall serve
without compensation from PSCC; however, any City may reimburse the member
representing the City for expenses incurred for attendance at meetings. All actions of the
Committee shall be subject to the review and approval of the Board of Directors.
F. It is the intent oft/tis Agreement that the PSCC shall be established with
Local Government and Public Safety radio communications as the main function of
operation. However, the Board of Directors may from time to time, subject to the
approval of the governing bodies of all Parties, add additional functions to the system as
it may deem to be in the best interests of the public.
G. The Administration Committee shall prepare the annual operation budget
for submission to the Board of Directors. The Administration Committee shall keep an
PSCC lnterlocal
Revised 11/21/97
6
accurate accounting of the financial operation of the PSCC and shall report quarterly to
the Board of Directors on the financial condition of the PSCC.
L The Party, CITY OF DELRAY BEACH's Finance Department shall
act as the lead agency with respect to the administrative work in
preparing the annual budget, setting up and monitoring necessary
banking accounts and/or special revenue fimds, and maintaining funds
for disbursement for the PSCC. The CITY OF DELRAY BEACH
Finance Department shall perform this administrative function at no
cost to the PSCC or the other Parties.
2. Each Party/City shall independently provide monies and issue
purchase orders for the purchase of user specific items.
3. Each Party/City shall provide monies to the PSCC for the purchase of
the Backbone System and related equipment.
4. The CITY OF DELRAY BEACH Finance Department shall maintain
all financial records.
H. The annual budget of the PSCC shall be approved by the Board of
Directors and submitted to the City Managers of the Parties no later than May 1st of each
year. Each annual operating budget of the Cooperative shall be approved by resolution of
the independent governing bodies of each Party. Any unbudgeted financial commitments
shall also be approved by resolution of governing bodies of each Party. The first fiscal
year of the PSCC shall begin with the effective date of the Agreement, ending September
30, 1998, and shall thereafter be concurrent with the fiscal years of the Cities. The annual
PSCC Interlocal
Revised 11/21/97
7
budget for the first fiscal year of the PSCC shall be prepared and adopted by the Board of
Directors no later than sixty (60) days following the effective date of this agreement.
I. The Parties hereby warrant and represent that each has the full legal
authority and financial ability to operate and maintain the Backbone Communications
System through the PSCC.
J. Throughout the first year of the installation of the Backbone System, the
Operation and Maintenance costs shall be based upon 100% access fee calculations since
there is no air time as yet. In subsequent years, Operation and Maintenance cost sharing
will be based on an "access fee" plus air time usage. This is a two-part calculation, where
one-half the Operation and Maintenance cost (the cost share) is to be charged equally
among all radio units having access to the system on a per unit basis. Cost share is to be
calculated by halving the operation and maintenance bill and dividing the amount of
subscribing units (radios capable of utilizing the system). The other half shall be paid by
the parties based on the percentage of air time used by each party to this Agreement.
Example: An operation and maintenance bill is received in the amount of
$100,000. City A has 800 radios, City B has 400 radios, and City C has 600 radios on the
system. Accordingly, for this example, there are 1800 radios on the system. Divide
$50,000 by 1800 resulting in each City paying $27.78 per radio. Therefore City A's cost
is $22,224, City B's cost is $11,112 and City C's cost is $16,668. For the time period
over which the example operation and maintenance bill was calculated, there was a total
of 180,000 minutes of air time used. The other half of the operation and maintenance bill
($50,000) is divided by 180,000 minutes, leaving the average air time cost is then $.278
per minute. If City A has used 45% of the total airtime, City A pays 45% of the $50,000
or $.278 multiplied by the number of minutes used. The same applied for City B and
City C. The two numbers derived from the two-part calculation are then added to
determine each City's contribution to the operation and maintenance costs.
K. The Purchasing Departments for the respective Parties to this Agreement
shall work together with the Project Team to draft specifications and "bid documents" for
PSCC Interlocal
Revised 11/21/97
8
the acquisition of the Backbone System and related equipment. The CITY OF BOCA
RATON shall be the lead agency with respect to the purchase of the Backbone System,
and shall disburse the required funds for said purchase. All Parties hereto hereby agree
that the cost of the Backbone System is to be shared as provided herein.
L. During the term of this Interlocal Agreement, and any extension thereof,
the PSCC shall secure and maintain in full force and effect adequate insurance for the
Backbone System and related equipment titled in the PSCC. Adequate insurance shall
mean in an mount sufficient for total replacement of the Backbone System.
M. Parties agree that the 800MHz Radio Communications Backbone System
is specifically designed and licensed for voice transmissions. Written consent of each
Party is required for any data transmission, including but not limited to GPS/AVL,
mobile data, telephone interconnect, over any of the tmnked frequencies owned by the
Cooperative.
Section 3. TITLE TO BACKBONE SYSTEM
The PSCC shall hold title to the Backbone System. Proprietary sot'rware required
for the operation of the Backbone System shall be licensed to the PSCC in a manner
which will permit its independent use by each Party, and include appropriate warranties
running directly to the PSCC.
Section 4. TORT LIABILITY
To the extent permitted by law, each Party, the CITY OF BOCA RATON, the
CITY OF DELRAY BEACH, and the CITY OF BOYNTON BEACH shall each be
responsible for its own negligence. Nothing herein shall be deemed to waive any
immunities granted pursuant to Section 768.28, Florida Statutes.
PSCC Interloeal
Revised 11/21/97
9
Section 5. WITHDRAWAL FROM 800 MHz/UHF TSR SYSTEM
After the contract(s), pursuant to the provisions of Section 1.C. above has
been executed, and installation of the Project has commenced pursuant to such
contract(s), any Party may, upon three (3) years prior written notice, as described below,
withdraw from the System and terminate their interest in this agreement.
A. There shall be no refund of any payments under this Agreement of the
costs of the shared Backbone System to a Party should that Party decide to cease using
the Backbone System.
B. If this Interlocal Agreement is terminated by any party, then that party may
remove all User Specific Items purchased solely by it for attachment or addition to the
system, or sell such User Specific Items to the remaining parties at a price to be
negotiated at that time. If such User Specific Items are removed, all removal expenses
shall be the responsibility of the removing Party.
C. If any Party sells its User Specific Items to an agency that is not a party to
this lnterlocal Agreement, that agency shall not become a party by virtue of the purchase
of the equipment.
D. No Party shall remove or disconnect any User Specific Items from the
system that would result or cause the system to malfunction or disrupt service to the
system users.
E. Promptly following notice by a Party that it will withdraw from system,
each Party shall take the necessary steps to modify radio channel licenses from the FCC
according to its own needs. The disposition of any expansion channels which may be
added to the system and titled in the name of the PSCC upon the withdrawal of a Party
PSCC Interlocal
Revised 11/21/97
10
shall be determined by the PSCC. During the three-year period after notice is given by at
least one Party, all Parties agree to coordinate the withdrawal in a manner reasonable to
all Parties.
F. Upon completion of items (D) and (E) above, the PSCC shall be
reorganized and this Agreement shall be amended. Nothing contained herein shall
constitute a waiver of the right of any Party to damages occasioned by any breach of this
Agreement by the other Party.
G. Should any Party elect to withdraw from this Agreement, the other Parties
shall make arrangements to relocate all PSCC equipment situated in the city limits of the
withdrawing Party.
H. Should one Party wish to withdraw from the Cooperative and terminate its
interest in the Interlocal Agreement or should the Cooperative be dissolved, refiling with
the Federal Communications Commission (FCC) for the return of the frequencies titled in
the name of each party at the time immediately preceding the creation of the Cooperative
shall not be prohibited.
Section 6. ADDITIONAL AGREEMENTS, AMENDMENT
After the Project is completed and the System is operational, no additional parties,
cooperative agencies, or additional expansion of the Backbone System may be added or
deleted from such System without the written approval of the Parties and an amendment
to this Agreement adding such additional party, agency, or additional expansion to the
Backbone System. Upon written consent of the Board of Directors, individual parties
may subcontract services to include talk groups to other government or regulatory
agencies. These services shall not exceed their respective allocation.
PSCC Interlocal
Revised 11/21/97
11
Section 7. OPERATION AND MAINTENANCE
The Parties recognize that this Agreement provides for the planning, acquisition
and construction of the Project. The initial cost of the Radio Backbone System shall be
shared equally among the Parties to the agreement. Unless the Parties provide to the
contrary in the subsequent amendment to this Agreement, each Party shall be responsible
or (i) 100% of the cost of operating and maintaining its User Specific Items included in
the System. and (ii) Each Party is responsible for its pro rata portion of the cost of
operating and maintaining the Backbone System. Operation and maintenance cost shall
be determined as set forth in Paragraph 2.J. of this Interlocal Agreement. After
appropriation and budgeting of funds by the Parties, payment to the PSCC for the cost of
operating and maintaining the Backbone System shall be made in equal quarterly
installments. The budget distributed to the City Managers of the Parties shall be based
upon the good faith, written calculations made by the Project Coordinator, inlcuding
consideration of the anticipated air time usage of the System by the Parties and any other
authorized users prior to the beginning of each fiscal year. Each user's share of such cost
shall be adjusted at the end of such fiscal year based upon the written calculation of the
actual cost of operating and maintaining the Backbone System and the cost-sharing
formula set forth in Paragraph 2.J. of this Interlocal Agreement. The Parties shall have a
fight to examine the records used by the Project Coordinator in making the calculations
upon which payment by the Parties to the PSCC for maintenance and operating expense
of the Backbone System will be based. The PSCC shall insure funds collected are
disbursed to the maintenance vendor. The budget referenced to in Section 1.H shall be
based on good faith estimates of the Project Coordinator.
PSCC Interlocal
Revised 11/21/97
12
Section 8. AMENDMENT TO AGREEMENT
This Agreement shall not be amended or modified except in writing executed by
the Parties, and approved by resolution of the independent governing body of each Party.
Section 9. MISCELLANEOUS PROVISIONS
1. Each person signing this Addendum on behalf of either party individually
warrants that he or she has full legal power to execute this Addendum on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to
all provisions contained in this Addendum.
2. The captions and section designations herein set forth are for convenience
only and shall have no substantive meaning.
3. Any notice govern pursuant to the terms of this Interlocal Agreement shall
be in writing and hand-delivered or sent by certified mail, return receipt requested.
Notice shall be sent to each City Manager of the Parties.
3. If any terms or provision of this Interlocal Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Interlocal Agreement, or the application of such term
or provision, to any person or circumstance other than those as to which it is held invalid
or unenforceable, shall not be affected, and every other term and provision of this
Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by
law.
4. This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce this Interlocal agreement shall be held in
Palm Beach County, Florida.
PSCC Interlocal
Revised 11/21/97
13
5. This Interlocal Agreement represents the entire understanding of the
Parties, and supersedes all other negotiations, representations or agreements, either
written or oral, relating to this Interlocal Agreement. None of the provisions, terms and
conditions contained herein may be added to, modified, superseded or otherwise altered,
except by written instrument executed by the Parties hereto.
6. All provisions of this Agreement calling for the expenditure of ad valorem
tax money by any Party is subject to annual budgetary funding, and should any Party
involuntarily fail to fund any of their respective obligations pursuant to this Agreement,
this Agreement may be terminated as to that party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF BOCA RATON
Carol G. Hanson Date
Mayor of Boca R. aton, Florida
Attest:
City Clerk, City of Boca Raton
Approved as to Form and Legality
City Attorney
Boca Raton, Florida
CITY OF BOYNTON BEACH
Gerald "Jerry" Taylor Date
Mayor of Boynton Beach, Florida
PSCC Interlocal
Revised 11/21/97
14
Attest:
City Clerk, City of Boynton Beach
Approved as to Form and Legality
City Attorney
Boynton Beach, Florida
CITY OF DELRAy BEACH
Jay Alperin, D.D.S. Date
Mayor of Delray Beach, Florida
Attest:
City Clerk, City of Delray Beach
Approved as to Form and Legality
City Attorney
Delray Beach, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
~ 1997, by Mayor , on
behalf of the City of Boca Raton. He/she is personally known to me or has produced
as identification and did/did not take aa oath.
Sallie:
Notary Public
Serial Number:
My Commission Expires:
PSCC Interlocal
Revised 11/21/97
15
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
,1997, by Mayor , on
behalf of the City of Boynton Beach. He/she is personally known to me or has produced
as identification and did/did not take an oath.
NRtno:
Notary Public
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
,1997, by Mayor , on
behalf of the City of Delray Beach. He/she is personally known to me or has produced
as identification and did/did not take an oath.
$flllle:
Notary Public
Serial Number:
My Commission Expires:
s:ca~agmts~communications cooperative interlocal
PSCC lnterlocal
Revised 11/21/97
16
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg~AGER~r~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 20, 1998
SERVICE AUTHORIZATION #3 WITH MPA ARCHITECTS, INC. FOR
LEON WEEKES ENVIRONMENTAL PRESERVE PROJECT
DATE: JANUARY 15, 1998
This is before the Commission to approve Service Authorization #3
in the amount of $28,000.00 with MPA Architects, Inc. for
preparation of the construction documents for the Leon Weekes
Environmental Preserve project.
MPA Architects did the preliminary design under a previous service
authorization. The scope of services to be provided by the
consultant during this phase includes preparation of construction
documents, permitting, bidding and construction administration.
Recommend approval of Service Authorization #3 in the amount of
$28,000.00 with MPA Architects, Inc., with funding from the
Recreation Fee Impact Fund (117-4169-572-63.40).
ref:agmemoll
Agenda Item No. ~. D.
AGENDA REQUEST
Date: January 13. 1998
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: January 20. 1998
Description of item (who, what, where, how much): Staff request City Commission
approve Service Authorization #3 with MPA Architects, Inc. in the amount of $28,000 for
preparation of Construction Documents for Leon Weekes Nature Preserve. Funding is
available from the Recreation Impact Fee Fund, Account #117-4169-572-63.40.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Service Authorization #3
with MPA Architects, Inc. in the amount of $28,000 for preparation of Construction
Documents for Leon Weekes ~,r.e~rve~
Department head signature: ~ I - ) ~- ~o'~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (re_j;j~red ~voJvin~ expenditure of funds):
Funding availabl(~Y'E~/NO ~'/' ~[~) ~'
Funding alternatives (if' ~' applicabl~
Account No. & Description //? - ~/~ -,~?~ - ~ ~. ~ ~F
A~ountBalan~ ~/~~,.~0 ~ ~ ~//~/~ ~-
Ci~ Manager Review:
Approved for agenda: ~/~0 ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9720~agreq120
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos~ Aguila, A.I.A. ~)~'~
Construction Manager
Date: January 13, 1998
Subject: AGENDA REQUEST 01/20/98
Leon VVeekes Nature Preserve
Project No. 97-020
Attached is an Agenda Request for City Commission approval of Service
Authorization No. 3 with MPA Architects, Inc., in the amount of $28,000.00, for
preparation of Construction Documents and Construction Administration for the
Leon Weekes Nature Preserve Project.
The consultant completed the preliminary design under a previous Service
Authorization, and the City is now prepared to proceed with the next phase of the
project.
Funding for this work will come from the Recreation Impact Fee Fund, Account
Number 117-4169-572-63.40.
cc: Joe Weldon
Dick Hasko
Agenda File 1/20/98
File 97-020 (A)
s\.,.\9720~agmem120
CONSULTING SERVICE AUT~IORIZATION
DATE: ~ ~-
SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE: LEON WEEKS NATUP~ TRAIL - CONSTRUCTION DOCUMENT, BIDDING
AND CONSTRUCTION ADMINISTI~TION SERVICES
This Service Authorization, when executed, shall be incorporated in and shall become an integral part
of`the contract.
TITLE: LEON WEEKS NATURE TRAIL - CONSTRUCTION DOCUMENT, BIDDING
AND CONSTRUCTION ADMINISTP~TION SERVICES
I. PROJECT DESCRIPTION
Furnish construction document, bidding and construction administration phase services for
the implementation of' a conceptual master plan developed and approved under previous
consulting service authorization.
II. SCOPE OF SERVICES
1. Professional services outlined below shall include architecture, landscape architecture,
civil engineering and structural engineering.
2. Construction Documents for the sitework and amenities included on the conceptual
master plan.
3. Permitting services for civil engineering site improvements, including driveway
connection, water utilities and drainage.
4. Attendance of meetings as follows:
A. 3 meetings with staff' during construction document development
B. Pre-bid meeting
C. Pre-work meeting
D. 3 monthly project meetings during construction
5. Preparation of minutes for all meetings mentioned in Item 4 above.
6. Preparation of (1) final estimate of probable construction cost at the end of
construction document phase services.
7. Bidding phase services including preparation of 25 sets of bid documents.
Reimbursable expense for printing costs are included below.
8. Construction administration phase services as outlined in the agreement, with
exceptions as noted above.
BUDGET
1. For services as outlined above:
Construction Documents .................................... $16,000
Permitting ................................................ $ 2,500
Bidding ................................................. $ 1,500
Construction Administration .................................. $ 6,500
Reimbursable Expenses ..................................... $ 1,500
TOTAL LUMP SUM FEE ................................... $28,000
IV. COMPLETION DATES
Construction Documents
60 days from Notice to Proceed
Bidding Phase
30 days from date of 1't Advertisement
Construction Administration Phase
90 days from start of construction
This service authorization is approved contingent upon the City's acceptance of and satisfaction with
the completion of the services rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate the contract without incurring any
further liability. The CONSULTANT may not commence work on any service authorization
approved by the City to be included as part of the contract without a further notice to proceed.
APPROVED BY:
CITY OF DELRAY BEACH: CONSULTANT: MPA Architects, Inc.
DATE: DATE: l Z "'t ~-' ~t' ~
BY:H~j L~~E
_ Jay Alperin RIC . SIDENT
Mayor FLORIDA 1989
MPA ARC~ (Seal)
Witness
Witn~
Attest: Attest:
Approved as to Legal Sufficiency and Form BEFO.RE ME, the forgoing instrument, this
/~-P~ day of /_(j A//_Zo'~//_Z,~ ,
1,997 was acknowledge(~ by C~"AAf2A'f~' ~.
?,,D~ ~. on behalf of the Corporation ~d
sai~l ~erson executed the same free and
voluntarily for the purpose therein expressed.
Witness my hand and seal in the County and
State a~f. oresaid this /.~ day of
~_/./t_d/~ ~/Y ,1997.
NotaryPublic:~/~ ~/. ~.Z24949, /
State of Florida
My Commission Expires:
MY COMMISSION t I~k18464 EXPIRES
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~/!
SUBJECT: AGENDA ITEM #~a- REGULAR MEETING OF JANUARY 20, 1998
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE
DATE: JANUARY 15, 1998
An application has been received from Nick Maiorana, Assistant
Principal at S.D. Spady Elementary School, to fill an existing
vacancy on the Kids and Cops Committee as the representative from
Spady. The term will expire on April 22, 2000.
An application has also been received from Kellie Carmichael to
fill the existing vacancy on Kids and Cops for a representative
from the Atlantic High School Student Council. The term will
expire on April 22, 1999.
A check for liens and/or code violations was not conducted since
neither individual owns property in the city.
Recommend ratification of the appointments of Nick Maiorana as the
representative from S.D. Spady Elementary School and Kellie
Carmichael as the Atlantic High School Student Council
representative to the Kids and Cops Committee, to terms ending
April 22, 2000, and April 22, 1999, respectively.
ref:agmemo20
BOARD MEMBER APPLICATION
N,~m .{/, (. ~ /~ a, ,Ora~c,, ,,
~0~ ~D~SS ('S~ree~, City, Zip Code) (LEG~ ~SIDENCE)
PRINC~ BUSINESS ~D~S~ (Street, C~ty, Zip Code) ..
~om ~oN~ ,, 7~ ~ - 2 io7 z~s~mss ~ONZ 2q3'-ffff
LIST ALL CITY BOARDS ON WHICH YOU ARE CUR_R~NTLY SERVING OR HAVE PkEVIOUSLY
SERVED (Please include dates)
.,5o,(.. ,-d'
EDUCATIOKAL QUALIFICATIONS
LIST A5~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR P1LESENT, OR MOST RECENT LMPLOYER, AN~ POSITION
DESCRIBE EmERIENCES, SKILLS OR ~O~GE ~ICH quaI~ YOU TO SERVE ON
PL~SE ATTACH A BRIEF
I ~E~Y CERTI~ ~T ~L ~E ~OVE STAT~S ~ ~UE, ~ I AGUE
~E~T~ ~T ~ MISSTAT~NT OF ~TER~ FACTS CONTAINED IN ~IS ~PLICA-
TION ~Y CAUSE FO~EI~ UPON ~ P~T OF~POIN~ I ~Y ~CEIVE.
SIGNATUI~E
4/90
H0~ ~D~SS (S~ree~, City, Zip Code) (LEG~ ~SI~NCE)
·
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS ~z~ ~'[OC ~ ~ La~(.... fn~/~ '~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE ~OUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
!
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/~-- S I GNAT-~ORE - f
4/90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'!
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 20, 1998
RESOLUTION NO. 8-98
DATE: JANUARY 14, 1998
This is a resolution assessing costs for abatement action
necessary to remove nuisances on 28 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 8-98 assessing costs for
abating nuisances on 28 properties throughout the City.
ref:naagmemo
RESOLUTION NO. 8-98
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 SMALL 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 exis-
tence 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 pertain-
ing 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 assess-
ment 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 prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
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 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances 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 fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of 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
- 2 - Res. No.8-98
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 , 1998.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 8-98
COST OF A~ATING N~JISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
PRIESTS ADD TO ATLANTIC W. & LOIS CLEMONS $ - 0 -
PARK GARDENS, LT 17, C/O JONATHAN DORCH 70.00 (ADM. FEE)
BLK 2, PB 23, P 70, 250 N. BROADWAY
PUBLIC RECORDS OF YONKERS, NY 10701
PALM BEACH COUNTY, FL
(118 SW 14TH AVENUE)
STRICKLAND SUB. E 1/2 E. GONZALES & $ 51.00
OF LTI & N 35 FT OF HERMENLINDA GONZALES 70.00 (ADM. FEE)
E 1/2 OF LT 2, BLK 1, 1108 SW 8TH AVENUE
PB 23, P 173, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(1108 SW 8TH AVENUE)
RIDGEWOOD HEIGHTS E. GONZALES & $ 59.00
DELRAY, LT 4, BLK C, HERMENLINDA GONZALES 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC 1108 SW 8TH AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
( SW 8TH AVENUE)
SUNNYSIDE PARK, LOT 6 ALBERT D. WILLIAMS $ 57.00
PB 21, P 75, PUBLIC CYNTHIA V. WILLIAMS 70.00 (ADM. FEE)
RECORDS OF PALM BEACH 520 SW 4TH AVENUE
COUNTY, FL DELRAY BCH, FL 33445-2211
(520 SW 4TH AVE.)
SUNDY & TENBROOK ADD J.E. & KAY B. WOMACK $ 41.00
TO DELRAY, LT 19, P.O. BOX 2493 70.00 (ADM. FEE)
PB 12, P 32, PUBLIC DELRAY BEACH, FL 33447
RECORDS OF PALM BEACH
COUNTY, FL
(SW 4TH AVENUE)
NICHOLS 2ND ADD TO KEITH ATKINSON $ 32.00
DELRAY BEACH, LT 10, 320 SW 7TH STREET 70.00 (ADM. FEE)
PB 21, P 70, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(320 SW 7TH STREET)
TOWN OF DELRAY, ETHEL BAINE $ 51.00
W 35 FT OF E 135 FT OF c/o G. H. BAIN 70.00 (ADM. FEE)
N 100 FT & S 50 PT OF 545 NW 5TH STREET
N 100 FT OF E 35.5 FT BOYNTON BEACH, FL 33435
OF W 135.5 FT OF BLK 31,
PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(410 SW 2ND STREET)
- 4 - Res. No. 8-98
TOWN OF DELRAY, LT 16, GRACE BARNETT $ 61.00
BLK 35, PB 10, P 69, 1401 39TH STREET 70.00 (ADH. FEE)
PUBLIC RECORDS OF WEST PALM BEACH, FL 33407
PALM BEACH COUNTY, FL
(309 NW 1ST STREET)
SOUTHRIDGE, LTS 10 & JAMES P. BENNETT $ 51.00
15, BLK 7, PB 13, 11407 FLINT LANE 70.00 (ADM. FEE)
P 38, PUBLIC RECORDS BOKEELIA, FL 33922-3011
OF PALM BEACH COUNTY, FL
(615 SOUTHRIDGE ROAD)
ODMANNS SUB, LT 19, MILDRED BURROUGHS $ 83.00
BLK 1, PB 4, P 53, 243 BILBOA STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF ROYAL PALM BEACH, FL
PALM BEACH COUNTY, FL 33411 - 1312
(NW 13TH AVENUE)
SEC 12-46-42, ELY 225.40 CAMERON H. COBB $150.00
FT OF N 300 FT OF S 4880 LINCOLN ROAD 70.00 (ADM. FEE)
330 FT OF SE 1/4, DELRAY BEACH, FL 33445
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(4001 BRANDON DRIVE)
SEC 12-42-46, TH PT OF COURY INV LTD $250.00
W 1/2 OF NE 1/4 LYG P.O. BOX 343914 70.00 (ADM. FEE)
SO OF SABAL LAKES DRIVE, CORAL GABLES, FL 33114
N OF L-31 CANAL BEING
ELY 755.75 FT OF WLY
795.75 FT (LESS E 1/2 OF
SW 1/4 OF SW 1/4 OF NE 1/4
& PARS IN OR 3241, P 324, &
P 326) A/K/A/ PROPOSED PH 4
SABAL LAKE, PB 171, P 28,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(SABAL LAKES DRIVE)
TOWN OF DELRAY, S 37.5 FT RUBY L. HARRIS $ 59.00
OF N 75 FT OF W 130.44 FT C/O P. C. WELLS 70.00 (ADM. FEE)
OF E 155.44 FT OF E 1/2 7012 SUNNYSIDE LANE
OF S 1/2 BLK 4, PB 1, P 3, FT. WASHINGTON, MD
PUBLIC RECORDS OF PALM 20744-4325
BEACH COUNTY, FL
(NW 7TH AVENUE)
PRIESTS ADD TO ATLANTIC LENNARD JOSEY & $ 48.00
PARK GARDENS, LTS 14 & MEARLENE JOSEY 70.00 (ADM. FEE)
15, BLK 4, PB 14, P 56, 506 SUNSET ROAD
PUBLIC RECORDS OF PALM BOYNTON BEACH, FL 33435
BEACH COUNTY, FL
(206 SW 13TH AVENUE)
- 5 - Res. No. 8-98
SOUTHRIDGE, LOT 23, SA/vrUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(ZEDER AVENUE)
SOUTHRIDGE, LOT 21, SAMUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (/%DM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33445
PALM BEACH COUNTY, FL
(ZEDER AVENUE)
TOWN OF DELRAY, S 20 DALE L. MEDEIROS $124.00
FT OF LT 11, LT 12 & 951 SPAi~ISH CIR. #345 70.00 (ADM. FEE)
N 9 FT OF LT 13 DELRAY BEACH, FL 33445
LESS W 5 FT RD R/W,
BLK 111, PB 46, P 13,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(253 SE 5TH AVENUE)
TROPIC PALMS PL 1, RICHARD L. MOLKE SR. & $ 35.00
LOT 298, PB 25, P 99, JEi~N A. MOLKE 70.00 (ADM. FEE)
PUBLIC RECORDS OF 739 HERON DRIVE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(739 HERON DRIVE)
TOWN OF DELRAY, N 40 FT WILLIAM PLUM~ER, ET AL $ 51.00
OF S 190 FT OF W 135 FT PO BOX 2183 70.00 (ADM. FEE)
OF BLK 21, PB 1, P 3, DELRAY BEACH, FL 33447
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(33 SW 6TH AVENUE)
SUNSET PARK DELRAY, ENRIQUE C. RAMOS & $ 51.00
LT 51, PB 12, P 65, AMPARO RAMOS 70.00 (ADM. FEE)
PUBLIC RECORDS OF 1015 SW 2ND AVENUE
PALM BEAC}{ COUNTY, FL DELR_AY BEACH, FL 33444
(1015 F~ANGO DRIVE)
POINCIANA HGTS OF FREDDIE M. SMITH $ 85.00
DELRAY BEACH, LT 24, 332 NW llTIq AVENUE 70.00 (ADM. FEE)
PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(332 NW llTH AVENUE)
LINCOLN PARK, DELRAY, VIRGIL STUBBS $ 33.00
LT 5, PB 23, P 160, 326 SW 5TH AVENIYE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DEL]lAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
- 6 - Res. No. 8-98
RESUB OF BLK 29, CHARLIE TERRY $ 55.00
DELI{AY BCH, LTS 28 & 39 SW 9TH AVENUE # 3 70.00 (ADM. FEE)
29, BLK 29, PB 9, P 66, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(95 SW 5TH AVENUE)
SOUTHRIDGE, LT 6, BLK 18, ROY M. VAN HORN, JR. & $ 56.00
PB 13, P 38, PUBLIC CYNTHIA VAN HORN 70.00 (ADM. FEE)
RECORDS OF PALM BEACH 2531 SOUTHRIDGE ROAD
COUNTY, FL DELRAY BEACH, FL 33444
(2531 SOUTHRIDGE ROAD)
TOWN OF DELRAY, LT 14, CLARENCE G. WEST & $ 51.00
BLK 79, PB 10, P 1, CARMON L. WEST 70.00 (ADM. FEE)
PUBLIC RECORDS OF PO BOX 1356
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
(SE 1ST AVENUE)
RESUB OF S 1/2 OF BLK 38, SHIRLEY T. WILLIAMS & $ 61.00
N 1/2 OF BLK 39, DELRAY O.B. THOMAS 70.00 (ADM. FEE)
BCH, LT 13, BLK 39, 816 SW 3RD COURT
PB 11, P 34, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(222 SW 3RD AVENUE)
WILLIAMS SUB, LT 2, ARNETTA PIAYWOOD $ - 0 -
PB 24, P 180, 1200 SUMMERWOOD CIRCLE 70.00 (ADM. FEE)
PUBLIC RECORDS OF WEST PALM BEACH, FL 33414
PALM BEACH COUNTY, FL
(236 SW 15TH AVENUE)
RIDGEWOOD HEIGHTS DELRAY, FRANK L. HOWARD $ 64.50
LTS 26 & 27, BLK B, 3804 LATIMER DRIVE 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC AUSTIN, TX 78732204
RECORDS OF PALM BEACH
COUNTY, FL
(1026 SW 7TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE.
- 7 - Res. No. 8-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY ~AGER~
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JANUARY 20, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 14, 1998
Attached is the Report of Appealable Land Use Items for the
period January 5th through January 16, 1998. 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
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIR/ECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JANUARY 20, 1998 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
JANUARY 5, 1998 THRU JANUARY 16, 1998
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of January 5,
1998 through January 16, 1998.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of January 20, 1998
Page 2
No Regular Meeting was held during this period.
A. Approved on a 6 to 0 vote (Shutt absent), the architectural
elevation plan to allow a walkway canopy and color change for
Waterway East Condo (Commercial Center), located at the
southwest corner of East Atlantic Avenue and Venetian Drive.
B. Approved (6 to 0), the architectural elevation plan to allow the
addition of decorative shutters to a multifamily structure, Wright
By the Sea, located on the east side of Ocean Boulevard,
approximately 600' south of Linton Boulevard.
C. Approved (6 to 0), a request for a color change for the Exxon
Gasoline Station within the Old Harbor Plaza, located at the
northeast corner of Linton Boulevard and U.S. Highway No. 1.
D. Approved (6 to 0), the architectural elevation plan associated with
the addition of an outdoor sculpture for Carousel Grille, Inc.
located at the southwest corner of S.E. 7th Avenue and Atlantic
Avenue.
E. Approved with conditions (6 to 0), the architectural elevation plan
and landscape plan associated with the construction of a new gate
house at Del Aire Country Club, located on the east side of
Military Trail, south of Linton Boulevard.
F. Approved with conditions (6 to 0), a Class III site plan modification
for the addition of an outdoor dining area associated with the
Antigua Restaurant within the Lake Ida Plaza, located at the
southwest corner of Lake Ida Road and Congress Avenue.
G. Approved with conditions (6 to 0), the site plan, landscape plan
and architectural elevations associated with the construction of a
25,588 sq. ft. building to accommodate 75% industrial uses and
25% retail uses for Congress Square Industrial, located at the
southeast corner of Congress Avenue and Don Francisco's Way.
City Commission Documentation
Appealable Items Meeting of January 20, 1998
Page 3
Concurrently, the Board granted the following waivers:
· Reduced the right-of-way width for Don Francisco's Way from
60' to 50'; and,
· Deferred the installation of the sidewalk along Don Francisco's
Way.
1. Continued (4 to 0, Farrington, Damiano and Hurlburt absent), the
request for a Certificate of Appropriateness to allow facade
changes to the commercial structure known as "The Presidential
Building" located at 710 East Atlantic Avenue.
2. Approved (4 to 0), a request for a Certificate of Appropriateness
associated with the removal of an existing canvas awning and text
change to an existing business sign at the Sundy House, located
at the southwest corner of South Swinton Avenue and S.W. 1st
Street.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR ~,.,,,- S,'R,'A,,, .L~.
CITY COMMISSION MEETING
OF dANUARY 20, 1998
L-30 CANAL
o ~ E ''J
--,
.~ LAKE IDA ROAD
N.W. 2ND
S.W. 2ND
r'E.'_-: .... £'-] ~
· ~
· %
e: LOWSON BOULEVARD '"~
LINTON BOULEVARD
BOULEVARD
i_ .... i !
L-58 CANAL C-15 CANAL
C,T~ UM,TS ........... S.P.R.A.B.: H.P.B.:
A. - WATERWAY EAST CONDO. 1. - 710 E. ATLANTIC AVENUE
B. - WRIGHT BY THE SEA 2. - THE SUNDY HOUSE
I MILE / C. - EXXON GASOLINE STATION
[
J
D. - CAROUSEL GRILLE, INC,
SCALE E. - DEL AIRE COUNTRY CLUB
F. - ANTIGUA RESTAURANT
N O. - CONGRESS SQUARE INDUSTRIAL
CI~I' OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- O/¢r[~4~ 8AGE MAP SYSTEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 20, 1998
AWARD OF BIDS AND CONTRACTS
DATE: JANUARY 16, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Bid award, under State Negotiated Price Agreement #07557, in
the amount of $52,408.66 to Automotive Resources, Inc. for
mobile vehicle lifting equipment for the City Garage, with
funding from 334-6111-519-64.25 (General Fund Capital
"Garage Lifting Systems").
2. Purchase award to Sensus Technologies, Inc., via City of
Cape Coral bid, for both standard and remote encoder type
residential water meters for new subdivisions and to replace
the City's small meters; with funding on an as needed basis
from Water/Sewer Renewal & Replacement (442-5178-536-52.31).
ref:agmemo8
· Agenda Item No.: F.~. /
AGENDA REgUEST
Date: 1/14/98
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: ]/20/98
Description of agenda item (who, what, where, how much): Bid award to
Automotive Reso,~rnm~: Inn_ in the amount of $52.408.66 for mnh~l~ v~h~c!e ljft.~
under State Negotiated Price AKreement #07557 FundinK to come frnm ~mn~rm] Fund
account #334-6111-519-64.25.
ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO
Recommendation: Recommend approval with attached budget transfer nf $1.910
to cover cost.
Determination of Consistency with Comprehensive Plan: N/A
City Attorney Review/ Recommendation (if applicable): N/A
Budget Director Review (required on all items involving expenditure
of funds ):
Funding availr~ablt.ei~ ~~~~
Funding alte e (if applicable)
Account No. & Description:
Account Balance: ~_ ~c~co
City Manager Review:
Approved for agenda: ~/ NO ~Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
sdl/1/14/98
£1TY OF I)ELAAY 8EA£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH. FLORIDA 33444 · 407/243-7000
~,ll-,fl~terica I~i~
~O' David T. Harden, City Manager
1993
FROM: obert A. Barcinski, Assistant City Manager
SUBJECT:AGENDA ITEM CITY COMMISSION MEETING JANUARY 20, 1998
BID AWARD - MOBILE LIFT EQUIPMENT
DATE: January 14, 1998
ACTION
City Commission is requested to award a bid to Automotive Resources, Inc.
in the amount of $52,408.66 for mobile vehicle lifting equipment for the City
Garage. The award would be under State Negotiated Price Agreement
#07557 with funding to come from account #334-6111-519-64.25 General
Fund Capital "garage Lifting Systems".
BACKGROUND
The City Garage does not have a lift system capable of lifting our fire trucks
and other large vehicles. The lift system proposed will give us the capacity
to lift a vehicle weighing up to 60,000 lbs. This will enable us to do more
repair work in-house and make it easier for the mechanics to work on these
large vehicles. They would not have to crawl under the vehicle.
Components required and pricing are as follows:
Quantity Model Description Total Price
1 HDML-8-4 4-Post 60,000 lb. Capacity Mobile Lifting $32,609.76
System
4 AB-6-20 Tall Support Stands, 15,000 lb. Capacity $2,253.36
($563.34 each)
2 HDML-8 single Post 15,000 lb. Capacity ($8,588.68 $17,177.36
each)
1 TC-10-2 Remote Control $368.18
GRAND TOTAL PRICE $52,408.66
THE EFFORT ALWAYS MATTERS
~PrintedonRecy¢ieclP~oer ~:~.~./.
Agenda Item
Page Two
RECOMMENDATION
Staff recommends a bid award to Automotive Resources, Inc. in the amount
of $52,408.66 under State Negotiated Price Agreement #07557 for a mobile
lift system as outlined above with funding to come from account #334-6111-
519-64.25 General Fund Capital "Garage Lifting Systems".
RAB:sdl
File:u:sweeney/agenda
Doc.:lift.doc
MEMORANDUM
Robert Barcinski, Assistant City Manager
To:
From: Richard V. Sandell, Fleet Maintenance Superir~
Thru: Hoyt Owens, Deputy Director of Public VVorks~
Date: December 3, 1997
Subject: LIFT EQUIPMENT FIRE APPARATUS
Mobile lifting equipment manufactured by Automotive Resources, Inc. and
available under the State Negotiated Agreement Price Schedule (SNAPS)
number 075557 through August 28,1998, is the recommended system for use in
the maintenance of our Fire Apparatus and heavy equipment.
Components required and pricing are as follows:
Quantity Model Description' Total Price
1 HDML-8-4 4-Post 60,000 Lb. Capacity Mobile $32,609.76
Lifting system
4 AB-6-20 Tall Support Stands, 15,000 Lb. 2,253.36
Capacity ($563.34 Each)
2 HDML-8 Single Post 15,000 Lb. Capacity 17,177.36
($8,588.68 Each)
1 TC-10-2 Remote Control 368.18
GRAND TOTAL PRICE $52,408.66
Specifications are attached.
available in CIP account 334-6111-519-64.25. Additionally~
$50,5O0
are
will be allocated via budget adjustment to the above referenced CIP account for
a total funding of $52,408.66.
CC;
file
SNAPS
.RECEIVED
State Hegotiat~ Agr~ment Price Schedule OEC 0 b
Oiwsio~ o~ ~g · 40~ ~de Way · T~lihassee. F~fida
' ·
' ~o be completed by the Oiyisi~ of Purc~sing CITy .....
Vendor N~me Automotive Resources, Inc. Intmmet*ddr,?tip://~W'arz-hcEra'..
w.~¢~4~,,.~.~.. 9990 Lee Highway. ill60c~/ Falrfaz
Telephone Numar. 703I~59-626~ To,-;r.. N,~800/
Se8 ~tt~c~d 'St2rom~ftT Ot~
Delive~ wiii De ~0 days sher r~et~ng order. W~rranW · -
Check box(es} which a~ly. If yes, describe in s~ provided.
No Yes
t
Productprovidesener~canse~i~onta~o~ ~ .~,~ue to efficient engineerin~ design,
~,~ ~., ~.v~r~,~,~ d.~,,~, ~.,~, ~ ~-~on !V_ ~,.O~P_ m~F i s requ i red. S i nco !
~_,equl~ent is above-gcotJnd, r~o o:i or
P,Oduct c~nsa~,e~ resources
~ ~,~lnherent OSHA concerns a~iy See
spec!f~cat' -. ~ · -~
~ ~ /-. .~ ..~ ~.'~ ....
Robert S. Penenburgh , ~ '-"~" ' .... :"; [
~n-Z~-97 13:44. tqelhorn & 813. 738-8G07 P
Ordering Instruction's
NOTE: ALL O~DE~$ SHOULD BE DiSECTfiD TO:
SPURS VENDOR NUMBER:
VENDOR: AUT01~0TIVE RESOURCES,
STREET ADDRESS OR P.O. BOX:_
CITY, STATE, ZiP:
ORDERING FAX No.: 703/~;59-fJ~,05
REMIT ADDRESS: 9990 Lee H~ '
CI~, STATE, ZIP: Falrfax, W
DELIVERY; DELIVERY WILL BE MACE WITHIN ~~ DAYS A~ER RECEIPT
PURCHASE ORDER.
PRODUCT INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE: Robert S. Penenburgh
ADDRESS: 99_9~... Lee H ! gh.h.'ay_,..~Su_~ j te~i
· CITY, STATE, ZiP: Fairfax, Vt,, 22050-t720
TELEPHONE: 703f359-6265
7OLL FREE No: 800/562-3250
INTERNET ADDRESS: http :1~14~, @~, .r-_,q~
DESCRIPTION OF PRODUCT/SERVICE OFFERED: /~anufac~:urer of
systeas used lrt maintenance shops for rleavy-du[y transl::,ori:a~:torl vehicles.
-~ ~1 CERTiFIEI) PUBLI$1"IEO !<~P.~.'~i (~S~ ~ItEr) i"R{CE LISF -
~~~,i, ' GSA. NET PRICE LIST
."" · ....... ~. I~tO61LE L t FT lNG SYSTEM5
Z53-2~ ~L-6-4 Unit of 4 - 48,000 lb. ~acity 208/230 Volts 3-Phase $ 29,369.12
460 Voite, 3-Phase Available - No A~i~onal ~har~e
I ND I V I DUAL POSTS & HA I N CONTROLS
2fi3-23A ~L-6 S~ngie Post ~2,800 lb. C~pacity
253-23A fl~L*8 Sin~ie Pos~ 15,000 !b.
253-38 VE 230/110 H~k-Up Hain ~ntrol 208/230 Volts 1 ~"
253-38 YE 460/i10 ~.~k-Up Me~n ~n~rol 460 Volts 1~576.50
ACCESSOR ~ ES
253-38 AB-6-D7 ~bile Supper Stand, S~t, 15,0~
253-38 X6-~-20 ~bile Support ~tand, Tall, 1S,000 lb, Capacity
253-38 A~-6-20 ~bile Support St~d, Tall Horse, 15,~0
253-38 AB-12-20 ~ile Sup~rt St~d, Ta~), 30,000
253-3B SP-75 S~e~-Fine Ad~us~nt for AB-G-20
253-~ EP-2 Reduction Sleeve~ (for ~ller
253-38 [R- iD-32 Ch~ss~s ~os~
253-38 ~-5-L Support ~th Hold Xd~us~n~ t'or ~-10-32
~gi~: FOB Dost in~t ~on /?'--
SPECIFICATIONS
ARI-HETRATM MODEL HDML-8
HEAVY-DUTY MOBILE LIFTING SYSTEM
FOR BUSES AND TRUCKS
SECTION I - GENERAL
This specification is for a heavy-duty mobile lifting system, consisting of four (4) to six (6)
posts, which are capable of lifting 15,000 pounds per post or up to 90,000 pounds with
six (6) posts. Each lifting post shall be mobile and easily positioned to the wheels of the
vehicle for lifting. The system will be finished in OSHA safety green.
SECTION 2 - CONSTRUCTION
In accordance with the American National Standards Institute (ANSI) Requirement B153.1
- 1990, "Safety Requirements for the Construction, Care and Use of Automotive Lifts",
where applicable. Each post shall be NRTL listed electrically, structurally, and bare the
ALI/ETL label of compliance. All fabricated steel shall be of U.S. origin.
SECTION 3 - DETAILED SPECIFICATION
~ 3.1 Support Column - The support column shall be a single, heavy-duty wide
flange "H" beam, with a section modules not less than 14. The flanges of
the beam shall be precision machined to allow smooth operation of the lift
carriage rollers. Three-quarter inch (3/4") diameter holes on two inch (2")
centers shall be drilled vertically in the web of beam, to provide an indent
for operation of the mechanical safety lock.
3.2 Lift Carriage - The lift carriage assembly shall form a box-like structure
around the support column and be guided with four (4) each flanged
rollers. The bearings shall be self-lubricating type, requiring no lubrication.
The bearing shafts shall insert from the outside and provide for easy
removal for inspection or replacement of rollers. Each carriage shall have
a removable access panel on the front and rear for easy entry to all safety
solenoids and switches. There shall be a minimum distance of three
inches (3") between the lift carriage and support base when carriage is
lowering, to eliminate any possible pinch point.
Automotive Resources, Inc.
9990 Lee Highway, Suite .!60
Fairfax, Virginia 22030-1720
(703) 359-6265
FAX (703) 359-6405
(800) 562-3250
06-12-96 Page 2 of 6
SPECIFICATIONS - HDML-8
3.3 Support Base - There shall be two (2) wheels on the support base and
one (1) steerable wheel. A hydraulic jack shall be mounted on the steering
end wheel and shall be capable of raising the base above the floor five
inches (5"), to provide adequate clearance when moving lifting post over
ramps, etc. An OSHA approved handle shall be attached to the steering
wheel and be spring-loaded to the vertical position.
3.4 Motor, Brake and Drive The motor shall be (high efficiency), totally
enclosed, 208-230 or 440 volts, 3-phase, 60 hertz synchronous motor.
Each motor will have thermal protection. The motor shall not exceed 2.2
hp. The motor shall contain a spring-loaded brake. The brake shall have
a means for attaching a handle, which allows manual release of the brake
for lowering of lift should an electrical power failure occur. A top-mounted,
sealed and self-lubricating reduction gearbox shall be provided for
connecting the motor to the ball screw assembly.
3.5 Ball Screw and Nut - The mechanical lifting drive shall be a recirculating
ball bearing screw shaft and nut, thereby avoiding undesirable friction.
Brass nuts "acme" threaded, are not acceptable. Further, the ball screw
shall have seventy-two (72) ball bearings and shall be completely self-
contained within the nut. There shall be no separate or external races on
the nut for recirculating the ball bearings. To prevent misalignment
between the ball screw shaft and nut, a conical-type load bearing washer
shall be provided between the nut and lift carriage assembly. The ball
screw assembly shall have a minimum life of ten (10) years. The drive
screw and nut shall have a safety factor of 11.5 to yield, based on a rated
load capacity of 15,000 pounds. Required lubrication of the ball screw
shaft and nut shall not be more than twice a year. A zerk fitting shall be
provided at the top of the nut. Ball screw and nut shall have a five (5)-year
warranty.
3.6 Mechanical Safety Device - A mechanical wedge-type safety device,
independent of the ball screw shaft and nut, shall be provided. The safety
device shall automatically wedge between the lifting carriage and the I-
beam and lock the unit should the following occur: ball screw shaft failure,
lifting nut failure, drive gear failure, motor brake failure. The wedge system
is a "positive" engagement system, whereas the downward force makes
the safety stop stronger, eliminating ratchet shear points. A micro switch
shall be provided, which automatically stops operation of all lifting posts
when mechanical safety lock engages. Follower nut safety methods are
not acceptable, because they do not provide a safety system in case of a
shaft failure.
06-12-96 Page 3 of 6
SPECIFICATIONS - HDML-8
3.7 Electrical Controls - The following electrical controls shall be provided (all
electrical components shall be watertight):
3.7.1 Main Control/Power Box - The removable power box does away
with the dedicated "master control"/main control box.~ The Main
control box shall be mounted onto a post by means of two (2)
mounting mils, thereby enabling the power box to be easily
removed and relocated onto any other system post without
reconfiguring the wiring system of the other posts and/or relocation
of slave boxes. No tools are required to move the power box. All
wiring shall be labeled with numbers corresponding to same on
electrical schematic to assist in troubleshooting. All switches will be
watertight to prevent the entry of moisture.
3.7.1.1 A built-in transformer shall be provided in the power
box in order to accept Delta or "Y", 3-phase current.
3.7.1.2 PFR Phase Control - Electrical sensing device
shall be provided in the removable power box and
shall perform the following functions:
· Automatically select proper phase
rotation;
· Prevent unit from operating if any
phase is inoperative;
· Detect Iow voltage and shutdown
system.
3.7.1.3 Power On Switch - Will reset electronics in
the event of a fault shutdown.
3.7.1.4 Two (2) 208/440 power relays for rotation sequencing.
3.7.2 Lifting Post Controls Shall be mounted into a anodized
aluminum extrusion. Further, all circuitry shall be on a printed circuit
board (PCB) interfacing with all control wiring, motion detection and
speed control. Each PCB will have self-diagnostic lights, indicating
operation mode. The PCB shall be easily removable for service
inspection and covered in a polysynthetic finish for additional
moisture protection.
06-12:96 Page 4 of 6
SPECIFICATIONS - HDML-8
3.7.2.1 Up and Down Switch - Lighted switch blinks
on/off when selector switch is in single post
~. position, or when a safety device has be
· - activated. All up and down switches must be
dead-man type, requiring constant pressure
· .. by an operator to raise or lower. The lights
,:,- stay on in multiple post position.
3.7.2.2 Emergency Stop Switch - Red mushroom
· : palm operated switch. Completely stops
operation of all lifting posts when actuated.
3.7.2.3 Up Limit Switch - Is a 2-stage switch. First
stage stops travel of individual post; second
stage prevents over-travel by stopping
operation of all posts.
3.7.2.4 Lower Limit Switch - Stops the operation of
unit when lift assembly has reached the fully
lowered position.
3.7.2.5 Mechanical Safety Lock Switch - Is actuated
by the ball screw nut when the mechanical
safety lock engages. When an obstruction is
blocking the lifting carriage from lowering, a
secondary safety switch will shut the entire
system off.
3.7.2.6 All switches shall be water-resistant, positive
break type.
3.8 Lift Carriage Movement Detector A device shall be provided that
detects the up and down movement of the lift carriage and if any of the
following occurs, stops operation of all lifting posts:
· Lifting carriage does not move up or down;
· Lifting carriage moves up or down faster or slower than
other lifting posts by preset limit;
· When lifting carriage is lowering, if carriage exceeds preset
lowering speed, system will shutdown and safety lock will
automatically engage.
06-12-96 0 Page 5 of 6,.
SPECIFICATIONS - HDML-8
3.9 Electrical Cables - A fifty foot (50') long power cable shall be connected to the
main control/power box. The cables, which interconnect the lifting posts, shall be
a single, multi-conductor cable thirty-six foot (36') long. The outer sheath of all
cables shall be of a material that will provide maximum resistance to wear and
damage and be impervious to fuels, oils or other fluids common in a vehicle repair
facility. The interconnecting cables on each end shall have a quick disconnect
plug made of high density PVC material. Ail cables shall be safety yellow in color
per OSHA standards.
3.10 Final/Terminatinq/Dummv Pluq - Shall be installed in the last post in series. The
dummy plug allows the ability to use two (2) posts without having all four (4) posts
hooked-up. Additionally, the dummy plug serves as an operator lock-out, for user
restriction.
3.11 Specific Sizes and Capacity
3.11.01 Capacity - Each post 15,000 pounds:
4 posts = 60,000 pounds
6 posts = 90,000 pounds
3.11.02 Lifting Height - 64 inches
3.11.03 Lifting Speed - 1.7 minutes
3.11.04 Motor - 2.2 hp, 208/230 or 440/480 volts, 3-phase, 60 hertz
3.11.05 Control Voltage - 110 volts and 24 volts
3.11.06 Maximum Height - 86.5 inches
3.11.07 Length - 45.3 inches
3.11.08 Width - 41.3 inches
3.11.09 Turning Circle - 43.3 inches -.
3.11.10 Tire Sizes - 12R-24.00 to 10.00-20.00 (See Section 4.4)
3.11.11 Electrical Requirements:
Number of Posts Minimum Circuit
4-posts = 30 AMPS, 208/230 Volt
4-posts = 20 AMPS, 440/480 Volt
6-posts = 45 AMPS, 208/230 Volt
6-posts = 30 AMPS, 440/480 Volt
06-12-96 Page 6 of 6 '
SPECIFICATIONS - HDML-8
SECTION 4 - ACCESSORIES
4.1 Mobile Support Stand, Tall (Model AB-6-20) The support stand shall
have a capacity of 15,000 pounds with a cradle support pad. The stand
shall be adjustable from 46.25 inches to 78.8" inches, in increments of
three inches (3"). Each stand shall be equipped with a gas spring for
assisting in the height adjustments. Further, the stand shall be designed
and engineered to sustain three-times its rated load carrying capacity and
finished in OSHA safety green. Two (2) wheels and a handle shall be
provided for easy maneuvering of stand(s).
4.2 Mobile Support Stand (Model AB-12-20) - The support stand shall have
a capacity of 30,000 pounds with a cradle support pad. The stand shall be
adjustable from 47.25 inches to 78.8" inches, in increments of three inches
(3"). Two (2) wheels and a handle shall be provided for easy maneuvering
of stand(s).
4.3 Screw-Fine Adiustment (Model SP-75) For Model AB-6-20 mobile
support stand. Adjustable from 2-4". Shall be made of a five-sixteenth
inch (5/16") steel plate with threaded head allowing the mounting pad to
make direct contact with the vehicle frame.
4.4 Reduction Sleeves (Model EP-2) For lifting smaller vehicles with tire
sizes from 10.00-12 up to 8.25 x 20 (down to minimum 13" rim size).
Reduction sleeves shall be adaptable to the carriage lifting forks without
requiring any modification or installation to the existing lift carriage. Each
sleeve shall be made of quarter inch (1/4") steel with zinc plating. Two (2)
reduction sleeves per lifting post.
SECTION 5 - WARRANTY
Five (5) years on drive screw and nut. One (1) year on all other parts and labor.
SECTION 6 - MANUALS
Complete operation and service manuals with troubleshooting information and parts
breakdown shall be provided.
~ME~.
Manufacturer Reserves The Right To Change Specification Without Notice 0696-0710
Agenda Item No. : ~'~'~'
AGENDA REQUEST
Date: December 31, 1997
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: 3anuary ~, 1998
Description of agenda item (who~, whaK,~%Mb~e_~rq, hc~ much): Purchase Award-
Sensus residentail water meters (as~e~~e~e City's sm~ll meters
(3/4" through 2") utilizing the Cape Coral/~id #WP042596-48. Funding will be
available (for as needed purchases) in the Water/Sewer Renewal And Replacement
Fund account code #442-5178-5q6-52.~]
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Census Technologies, Inc. for the purchase of small
water meters via the City Of Cape Coral Bid #WP042596-48. FundinK from
account #442-5178-536-52.31
Department Head Signature: ~~~
Determination of Consistency wi~d~omprehensive Plan: ~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~ NO
Funding alternative .~~' (if applicable)~ ·
ccount No. & Des~cription: ~,~?~~3~ .~Z~\ ~_%~)O---- -- ~ '~~C"~Q~'
ccount Balance: ~ %l(Qi~.~l_~ -
City Manager Review:
Approved for agenda: ~E~/
NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Saf'~Bt~ance Director
DATE: December 31, 1997
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JANUARY"I~ 1998 - CONTRACT AWARD
PURCHASE OF WATER METERS
Item Before Commission:
The City Commission is requested to award to Sensus Technologies, Inc. for the purchase of small water
meters and touchread assemblies via the City of Cape Coral Bid #PWO42596-48..
Background:
The Finance Department is recommending the purchase of small water meters, and touchread
assemblies, from Sensus Technologies, Inc., utilitzing the City of Cape Coral Bid #PWO42596-48. See
attached memo dated December 18, 1997, from the Finance Director.
Sensus Technologies, Inc. has agreed to extend to the City of Delray Beach the same pricing and terms
of the City of Cape Coral Bid #PWO42596-48, per attached letter dated June 19, 1997.
Purchasing staff recommends award of the contract for the purchase of small water meters from Sensus
Technologies, Inc., via the City of Cape Coral Bid #PWO42596-48. Funding from account code 442-
5178-536-52.31.
Attachments:
Memo Dated December 18, 1997 From Finance Director
Memo Dated June 19, 1997 From Sensus Technologies, Inc.
cc: Richard Hasko, Acting Director Of Environmental Services
Michael Offie, Manager Water/Sewer Network
To: David T.J-I_a~rdenff City Manager
From: Joseph M. ce Director
Date: January 14, 1997
Subject: Sole Source Approval for Residential 3/4 Inch to 2 Inch Water Meters
We are requesting authorization for a sole source approval for the use of Sensus residential water
meters to replace our existing small meters (3/4 inch through 2 inch meters) using the Cape Coral
contract which is in effect until 1999 as they become defective. This authorization would include
the replacement of regular residential meters as part of our on-going maintenance program and the
original placement and replacement oftouchread meter assemblies in newer developments and
would not be applicable for our new meter replacement/touehread meter program starting next
fiscal year.
The Finance Department is recommending the purchase of Sensus water meters for all small meters
and the Sensus touchread assemblies for the following reasons:
1. We have recommended ftmding in the Capital Improvement Program for the ultimate
conversion of all residential water meters from our present manual-read meters and registers to
an AMR (Automatic Meter Reading) System as part of our five-year improvement plan
starting next year. At present, we are requesting that all new developments provide residential
meters with this AMR System which is to be compatible with our Sensus handheld computers,
Sensus sol, rare, and our TouchProbe wands. Other meter manufacturers require different
soff~vare, hardware and wands. The meter readers cannot operate using different wands,
different handheld computers, soff, vare, and/or other devices dependent upon the type meter
encountered. This would not be feasible. We therefore are installing Sensus residential water
meters with the AMP, System in all new developments at the cost of the developer. The City
therefore must have a supply on hand to provide to the developers and units on hand to replace
these type units
2. There are many times when it becomes necessary to open up the meter box to check the actual
register reading to insure that the touchread remote unit is reading the same as the register on
the meter. In these cases, it is imperative that the register odometer wheels be easily read with
large, clear and distinct numbers for efficient, timely reading. Sensus meters have large
registers with easy-to-read numbers even from a distance and come highly recommended from
field crews.
3. Touchread systems must be reliable which means that the touchpad reading transferred to the
touchprobe and the handhdd computer must be the same as the actual register on the meter.
Some manufacturers have the touchread pad activated using pulses generated from an
electronic memory circuit which requires batteries to power the memory. It has been proven
that this system is susceptible to water intrusion, etc. and thus the touchreading is not the same
reading as the actual meter register. Sensus meters use an encoder register system which
records the actual position of the register's odometer wheels and passes that reading back to
the wand and the handheld computers. The reading taken reflects the reading of the actual
register on the meter.
4. It is important for the meter manufacturer to be responsive to the City in a timely manner for
any required training of employees and for maintenance problems detected in the field. Sensus
has a local office providing training in meter reading and maintenance functions and, from
referrals from other users, provides timely response to field problems.
5. For reliability and confidence, the meter should be a meter that has been previously tested and
accepted according to the standards established by the water meter industry association, the
American Water Works Association (AWWA). Sensus has met or exceeded these standards.
Based upon this criteria, we would respectfully ask the City Commission to approve the use of
Sensus water meters and the Sensus Automatic Meter (AMR) Systems as our sole source vendor
using a piggyback of the Cape Coral Bid Number PW042596-48 which is valid until 1999 for
normal maintenance replacements and for either new or replacement systems in new developments.
Barbara Schooler, Utility Customer Services Manager
Milena Walinski, Assistant Finance Director
Jackie Rooney, Purchasing Supervisor
Richard Hasko, ESD Director
S¢ sus
T~CHNOLOGIES
6621A member Bay°fCirclethe BTR Group ~'(~E~'~=----IVED
Suite 160
Norcross, GA 30071 JUN 2 3
(770) 447-4750
June ~ ~, ~ ~7 .
Ms. Jackie Rooney
City of Delray Beach
Purchasing Department
100 N. W. 1st Avenue
Delray Beach, Florida 33444
SUBJECT: BID #PWO42596-48
Dear Ms. Rooney:
I am pleased to advise, per our conversation of this date, that Sensus Technologies,
Inc., is in agreement with your request for the City of Delray Beach to purchase
meters off of the City of Cape Coral's present bid prices which are in effect, and
subject to the conditions indicated on Bid No. PWO42596-48.
Thank you for your business, and we hope to serve you with quality products and
superior customer service.
Sincerely,
SENSUS TECHNOLOGIES, INC.
Fred L. Russell
Regional Manager
FLR/sm
cc: David Nimtz
Mary Ann Junk
CITY OF CAPE CORAL
June 27, 1997
Ms. Jacklyn Rooney
Purchasing Supervisor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
SUBJECT: Authorization to Piggyback / Sensus Technologies, Inc.
Dear Ms. Rooney,
Reference your request of today and the Contractor's authorization
letter dated June 19, 1997, please be advised that the City of Cape
Coral fully supports cooperative purchasing agreements and contract
piggybacks and has no objections to extend the Contract Bid~
PW042596-48 to the City of Delray Beach.
The City does, however, request that any governmental agency
desiring to accept bids issued and received by the City of Cape
Coral make an independent award in accordance with its operating
procedures. Each agency shall be responsible for its own purchases
and the City of Cape Coral assumes no liability by virtue of
extending this bid to other agencies.
Enclosed please find the tabulation sheet along with the
contractual documents. For your information, this contract is
valid until June 26, 1999 and may be renewed for two (2) additional
one (1) year periods.
Should you require any additional information, please do not
hesitate to contact my buyer, Claire Cedar, (941) 574-0838.
Sincerely,
JEANNE M. LANDRY
Procurement Division Manager
PROCUREMENT DIVISION P.O. BOX 150027 CAPE CORAL, FL 33915-0027
TELEPHONE: (941) 574-0831 FACSIMILE: (941) 574-0837
CITY OF CAPE CORAL
'~ OFfiCIAL TABULATION SHEET
FOR THE PURCHASE AND DELIVERY OF WATER METERS
BID #PW042596-48
OESCRIPT~ON SEMSCO SENSUS TECHNOLOGIES
1. STANDARD POSITIVE DISPLACEMENT TYPE 5t8' X 314' $ 7.950.00 $ 9.462.00
2. STANDARD POSITIVE DISPLACEMENT TYPE 1' S 1.853.75 $ 1,664.75
3. STANDARD POSITIVE DISPLACEMENT TYPE I 112" $ 2.123.40 $ 2.219.48
4. STANDARD POSITIVE DISPLACEMENT TYPE 2" $ 13.027.50 $ 14.439.50
5. REMOTE ENCODER POSITIVE DISPLACEMENT TYPE 5/8' X 314' $216.000.00 $246.690.00
6. REMOTE ENCODER POSITIVE DISPLACEMENT TYPE 1' S 12.145.00 $ 10.712.00
7. REMOTE ENCQDER POSITIVE DISPLACEMENT TYPE I II2' $ 2.719.2Q $ 2.937.48
8. REMOTE ENCODER POSITIVE 01SPLACEMENT TYPE 2" $ 4.602.00 $ 5.104.35
9. STANOARO TURBINE TYPE 2" $ 930.00 $ 819.88
'~0. STANDARD TURBINE TYPE 3" $ 719.00 $ 535.60
II. STANDARD TURBINE TYPE 4" $ 2,372.00 $ 2,249.52
12. STANDARD TURBINE TYPE B" $ 2.158.00 $ 2.165.06
13. STANDARD TURBINE TYPE 8" $ 2,289.00 $ 3,490.67
14. STANOARO TURBINE TYPE 10" $ 5.134.00 $ 4.708.14
15. REMOTE ENCOOER TURBINE DISPLACEMENT TYPE 2" $ 1,860.00 $ 1.961.12
18. REMOTE ENCODER TURBINE DISPLACEMENT TYPE 3" $ 1.438.00 $ 1.231.88
17. REMOTE ENCOOER TURBINE DISPLACEMENT TYPE 4" $ 3,558.00 $ 3,615.30
18. REMOTE ENC0§ER TURBINE DISPLACEMENT TYPE 6' $ 2.158.00 $ 2,226.86
19. REMOTE ENCODER TURBINE DISPLACEMENT TYPE 8" $ 2,289.00 $ 3,552.47
20. REMOTE ENCODER TURBINE DISPLACEMENT TYPE lQ" $ 5.134.00 $ 4,798.33
21. FiRELINE SERVICE ASSEMBLIES 4' $ 10,797.00 $ 15.162.63
22.'EIRELINE SERVICE ASSEMBLIES 6' $ 4,924.00 $ 5.782.42
23. FIRELINE SERVICE ASSEMBLIES a' $ 6.440.00 $ 8,221.46
24. ~:IRELINE SERVICE ASSEMBLIES 10' $ 9.465.00 $ 11.548.44
25. REMOTE ENCODER REGISTERS 214" X 518' SRII OR SR $ 10.530.00 $ 8,782.00
26. REMOTE ENCODER REGISTERS 1' SRII OR SR S 2,632.50 $ 2,195.50
27. REMOTE ENCODER REGISTERS 1 112" SR $ 1,710.00 $ 1,097.75
28. REMOTE ENCODER REGISTERS 2" SR $ 3.420.00 $ 2.195.50
29. REMOTE ENCODER REGISTERS 3" TURBO $ 157.90 $ 194.68
30. REMOTE ENCOOER REGISTERS 4" TURBO $ 473.70 $ 584.04
31. REMOTE ENCOOER REGISTERS 6" TURBO $ 78.95 $ 97.34
32. REMOTE ENCOOER REGISTERS 8' TURBO $ 78.95 $ 97.34
33. REMOTE ENCODER REGISTERS I0' TURBO $ 78.95 S 97.34
34. WALL MOUNT REMOTE BEAD TOUCH PAO $ 15.750.00 S 7,650.00
35. REMOTE READ PIT LiD WITH SENSOR $ 63.000.00 $ 30.510.00
36. METER TRANSCEIVER UNITS S 23.577.50 $ 19.200.00
TOTALS $443.674.30 $438.098.83
CITY OF CAPE CORAL
July 2, 1996
Dan Harness
Sensus Technologies, Inc.
450 N. Gallatin Avenue
Uniontown, PA 15401
RE: Purchase and Delivery of Water Meters
Contract #CON-PW042596-48
Dear Mr. Harness:
This letter will serve as your notice to proceed for the above referenced contract. The term of the contract
is June 27, 1996 through June 26, 1999.
If you have any questions, contact Tdna Civitarese at (941) 574-0475.
Sincerely,
M. Landry
Procurement Division Manager
cc: 'File
David Waldie, Utilities Division Manager
Frank Manocchi Sr., Superintendent Collection/Distribution Section
PRQCtJRE~MF_.NT OIVISiON P.O. 8OX ! 500:Z7 CApc~ (:ORAL. Fl.. 33915-4307.7
TELF_.z~HQNE: (~]4.'~} 574..43831 FAC~;IMILF~ (94,'l) 574,-0837
· CITY OF CAPE CORAL
OFFICIAL BID PROPOSAL
PAGE 2 OF 5
In accordance with all specifications, terms and conditions, the bidder
offers the following:
ITEM SALVAGE EST UNIT TOTAL.
NO. SIZE VALUE QTY PRICE PRICE
STANDARD POSITIVE DISPLACEMENT TYPE METERS (Bid Spec. II.A.1)
1. 5/8"x 3/4" $ 3.00 300 EA. $ 31.54 $ 9,462.00
2. t" $ 6.00 25 EA. $ 66.59 $ 1,664.75
3. 1 1/2" $ 10.00 12 EA. $ 193.29 $ 2,319.48
4. 2" $ 17,00 50 EA. $ 288.79 $ 14,439.50
TOTAL ( Items 1 - 4 ) $ 27,885.73
Make & Model ~: SENSUS SR O~ $~ II
Delivery Time ( Days ARO ): ~O Days AR0
Warranty ( Years ) : See Enclosed
Manufactured In U.S.A. ( Yes/No ): Yes
ITEM SALVAGE EST UNIT TOTAL
NO. SIZE VALUE QTY PRICE PRICE
REMOTE ENCODER POSITIVE DISPLACEMENT TYPE METERS (Bid Spec. II.A.2)
5. 5/8"x 3/4" $ 3.00 3000 EA. $ 82.23 $ 246,690.00
6. 1" $ 6.00 100 EA. $ 107.12 $ 10,712,00
7. 1 1/2" $ 10.00 12 EA. $ 244.79 $ 2,937.48
8. 2" $ 17.00 15 EA. $ 340.291 $ -5,104.35
TOTAL ( Items 5 - 8 ) $ 265,443.83 /
Make & Model #: SENSUS SR OR SR II-WITH ECR/WP REGI.STERS
Delivery Time ( Days ARO ): 30 Days ARO
Warranty ( Years ) : See Enclosed
Manufactured In U.S.A. ( Yep/No ): Yes
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY' MANAGER~ ~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 20, 1998
APPEAL OF HISTORIC PRESERVATION BOARD ACTION TO DENY
CERTIFICATE OF APPROPRIATENESS/327 S.E. 7TH AVENUE
DATE: JANUARY 15, 1998
On November 19, 1997, the Historic Preservation Board denied a
certificate of appropriateness (COA-329) for the design of a new
single family residence proposed for construction at 327 S.E. 7th
Avenue within the Marina Historic District. The Board took this
action based upon failure to make positive findings with respect
to three of the eleven visual compatibility criteria at Section
4.5.1(E) (8) (b), (d) & (k) of the Land Development Regulations.
Those criteria and the basis of denial are set forth on page 3 of
the attached City Commission documentation. The size and mass of
the proposed structure were of primary concern.
The applicant has appealed the Historic Preservation Board's
action. The relief being sought is that the City Commission
overturn the HPB decision and allow the residence to be built as
proposed.
The recommended action is to deny the appeal and uphold the
decision of the Historic Preservation Board, based upon a failure
to make positive findings with respect to Sections 4.5.1(E) (7) and
(8) (b), (d) & (k) of the Land Development Regulations.
ref: agmemol 0
TO: DAVID T. HARDEN
CI~TY.MANAGE~
THRU: DI~,NE DOMINGUEZ, DIREC~
DEPARTMENT OF PLANNING AND ZONING
HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF JANUARY 6, 1998
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL OF
THE DESIGN OF A SINGLE FAMILY RESIDENCE FOR MR. AND MRS.
JOHN ASHBY (COA-329)
The action requested of the City Commission is that of consideration of an appeal of the
Historic Preservation Board's denial of the design of a new single family residence. The
subject property is a vacant lot located at 327 S.E. 7th Avenue in the Marina Historic
District.
The Board initially reviewed the Certificate of Appropriateness for the proposed home
(COA-329) at its meeting of October 22, 1997. After review of the plans the Board
considered the compatibility criteria for new construction in historic districts, and found
that the front facade proportions, the scale and mass of the structure and its
relationship to the rhythm of other buildings on the street were areas of concern. The
Board continued the item to allow the applicant to provide a rendering which would help
visualize the house in terms of conformity to the criteria for approval. The applicant
presented the rendering at the November 5, 1997 meeting, however landscape plans
were not presented. The Board continued the project to the meeting of November 19,
1997 to allow the applicant time to prepare landscape plans (including fences, walls
and gates), with the hope that visualizing the project as a whole might better help the
members to understand how the project would relate in size and mass to the
streetscape and the neighboring structures.
The attached report from the November 19, 1997 meeting of the Historic Preservation
Board, which includes the applicable sections of the Land Development Regulations,
contains additional background and analysis of the request.
City Commission Documentation
Appeal of HPB Action on COA-329 (Ashby Residence)
Page 2
The lot has 75.7' of frontage and contains 10,550.05 sq.ft. The rear (east) of the
property is adjacent to the Intracoastal Waterway. The proposed residence has two
stories; the attached 3 car garage is one story. The design elements are eclectic
Mediterranean Revival, with typical features such as columns with decorative capitals,
arched windows, tile insets, stucco banding and a tile roof. The house complies with
standards of the R-l-AA zoning district by providing the minimum required setbacks of
30' front, 10' side and 10' rear. The height (measured to the mean between eave and
ridge) is approximately 25 feet, with the highest portion (excluding the chimney) at 28
feet. Copies of the house plan, elevations, and landscape plan are attached.
The total covered floor area, including garage and porches, is 5,199 sq.ft. The City
calculates garages and covered porches at 50% of their combined square feet,
therefore the floor area of the house is considered to be 4,399.5 sq.ft. To put this figure
in perspective with the size, scale and massing of other houses on the block, and using
the same calculations, the following information was provided to the HPB:
· 345 S.E. 7th Avenue, newly constructed house adjacent to the south of the proposed
residence is 2,626 sq.ft.
· 325 S.E. 7th Avenue, historic house adjacent to the north of the proposed residence
is 2,967 sq.ft.
321 S.E. 7th Avenue, recently constructed house is 3,622 sq.ft.
· 319 S.E. 7th Avenue is 2,764 sq.ft.
· 315 S.E. 7th Avenue is 2,018 sq.ft.
· 305 S.E. 7th Avenue is 2,765 sq.ft.
· 303 S.E. 7th Avenue is 1,430 sq.ft.
With the exception of 321 S.E. 7th Avenue, the proposed residence is much larger in
scale than its neighbors.
When approving new construction for historic districts the Board is guided by the
general compatibility criteria described in LDR Section 4.5.1(E)(7) and the criteria for
visual compatibility outlined in LDR Section 4.5.1(E)(8), as well as the Design
Guidelines' section on New Construction. LDR Section 4.5.1(E)(7) reads as follows:
The construction of new buildings or structures, or the relocation, alteration,
reconstruction, or major repair or maintenance of a non-contributing building or
structure within a designated historic district shall meet the same compatibility
standards as any material change in the exterior appearance of an existing non-
contributing building. Any material change in the exterior appearance of any
existing non-contributing building, structure, or appurtenance in a designated
City Commission Documentation
Appeal of HPB Action on COA-329 (Ashby Residence)
Page 3
historic district shall be generally compatible with the form, proportion, mass,
configuration, building material, texture, color and location of historic buildings,
structures, or sites adjoining or reasonably approximate to the non-contributing
building, structure, or site.
Section 4.5.1(E)(8)lists eleven (11)factors to consider in making a determination of
visual compatibility, including Height; Front Facade Proportion; Proportion of Openings
(Windows and Doors); Rhythm of Solids to Voids; Front Facades; Rhythm of Buildings
on Streets; Rhythm of Entrance and/or Porch Projections; Relationship of Materials,
Texture, and Color; Roof Shapes; Walls of Continuity; Scale of a Building; and
Directional Expression of Front Elevation.
At the November 19, 1997 meeting, the Board denied (6-0) the design of the residence
associated with COA 329 based upon failure to make positive findings with three of the
eleven visual compatibility criteria of LDR Section 4.5.1(E)(8)(b),(d)&(k). Those criteria
and the basis of denial are as follows:
Section 4.5. l (E)(b) Front Facade Proportion: The front facade of each building
or structure shall be visually compatible with and in direct relationship to the
width of the building and to the height of the front elevation of other adjacent or
adjoining buildings within an historic district.
Because of its size and massing and the proportion of the lot frontage with
the width of the building, positive findings could not be made for the
proposed development.
Section 4.5(E)(d) Rhythm of Solids to Voids - Front Facades: The relationship of
solids to voids in the front facade of a building or structure will be visually
compatible with the front facades of historic buildings or structures within the
district.
Despite the varied roof line, the front facade presents a solid 2-story
mass. The garage extension to the front creates even more solidity to the
impact on the streetscape.
4.5. l(E)(k) Scale of a Building: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and porches shall
be visually compatible with the building size and building mass of historic sites,
buildings, and structures within an historic district.
The balconies and porches which might have mitigated the size and mass
of the front facade are all located on the rear and therefore, do not
contribute to the structure's visual compatibility to the streetscape.
City Commission Documentation
Appeal of HPB Action on COA-329 (Ashby Residence)
Page 4
The Board' action is being appealed by the applicant. The appeal was filed in a timely
manner and was accompanied by the appropriate filing fee.
Based upon a failure to make positive findings to LDR Sections 4.5.1(E)(7)and (8)(b)(d)
and ~, deny the appeal of the decision made by Historic Preservation Board for
Certificate of Appropriateness Number 329 (COA-329).
Attachments:
· HPB Staff Reports & Findings
· Plans and Elevations
· Letter Requesting Appeal
S:PLANNI/DOCUME/REPORTS COA329AP.DOC
Project Name: COA-329-Continuation
Project Location: 327 S.E. 7th Avenue, vacant lot on the east side of S.E.
7th Avenue between S.E. 3rd and S.E. 4th Streets.
The action requested of the Board is that of approval of COA-329 to allow the
new construction of a single family residence.
The Board initially reviewed the proposal at its meeting of October 22, 1997.
After review of the plans the Board considered the compatibility standards as
described in LDR Section 4.5.1(E)(7) and (8i .Development Standards. for new
construction in historic districts. Front facade proportions (b); Rhythm of
buildings on streets (e); and Scale of a building(j); were some of the areas where
conformity and compatibility appeared lacking. The Board was also concerned
that the 25% non-vehicular open space requirement of Section 4:3.4 was not in
compliance.
The applicant felt that the site plan and elevations did not fairly depict the
setbacks of the walls and the effect of the open porches which would mitigate
the Board's concerns.
The Board continued this item to allow the applicant to provide renderings which
would help visualize the house in terms of conformity to Section 4.5.1(E) and
compatibility to the surrounding houses. The Board also requested the applicant
to provide open space calculations for the project.
The rendering, as well as the second story footprint outlined on the plan,
provided additional information with respect to the size, scale and proportion of
the building to {he lot and to the surrounding properties. However, the Board
was unable to make positive findings to the development standards for
compatible new construction in historic districts due to the size of the house.
The Board requested that the applicant return with complete landscape plans for
the project, including fences, walls and gates.
Meeting Date: November 19, 1997
Agenda Item: III-B
HPB Staff Report
COA-329 Continuation
Page 2
VVhen approving new construction in historic districts the Board is guided by the
criteria set forth in LDR Section 4.5.1(E)(7) and (8) Development Standards, to
determine the compatibility of the proposal.
The Board has expressed concerns with the following criteria with respect to this
proposal:
(b) Front facade proportions
(e) Rhythm of buildings on the street
0') Scale of a building
All of the above concerns are reflected in the scale and size of the building as it
relates to other properties within the Madna Historic District. Using the City's
calculation of air conditioned s.f. plus one half of the s.f. of garages, and covered
porches, the proposed structure is 4,399 s.f. To put this figure in perspective
with the size of other houses on the block, and using the same calculations, staff
has provided the following information:
345 S.E. 7th Avenue new!y constructed house to the south, 2,626 s.f.
325 S.E. 7th Avenue contributing house to the north, 2,967 s.f.
321 S.E. 7th Avenue newly constructed house, 3,622 s.f.
319 S.E. 7th Avenue 2,764 s.f.
315 S.E. 7th Avenue 2,018 s.f.
305 S.E. 7th Avenue 2,765 s.f.
303 S.E. 7th Avenue 1,430 s.f..
With the exception of 321 S.E. 7th, the house is much larger in scale than its
neighbors.
Staff can not support positive findings to visual compatibility as determined by
the above Development Standards criteria. Unfortunately, the landscape plans
have not been presented in time for review for this staff report. The Board may
find that the landscaping provides sufficient buffering to mitigate the scale of the
house and create a visual compatibility with the streetscape.
1. Deny, with reasons stated.
2. Continue with direction.
3 Approve as presented
HPB Staff Report
COA-329 Continuation
Page 3
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================================================================================================================= '.:::'~.'. <'-':~ .... · ' · ':: ' -'.':::.~.'-::::::':.~$'~.!:~:~>.':::~:::~'~,':':~.:.:::~ ." ~ ~::.t'.:~:'.,'-:-.~.~.~" ,,'.'.':~:~"~:.::~:-::
1. Based upon failure to make positive findings to LDR Section 4.5.1(E)(7) & (8)
(b)(d) &(j), deny COA-329.
filelulwwwlcoa329s3
SECTION 4.5.'1(E) (1) (.c)
(c) The type and style of all roofs, windows, doom, and signs. ""
(2) The following shall only be moved, reconstructed, altered, or maintained, in
accordance with this chapter, in a manner that will preserve the historical and
architectural character of the building, structure, site, or district:
(a) Buildings, structures, and appurtenances.
(b) "APPURTENANCES" includes, but is not limited to, stone walls,
fences, light fixtures, steps, paving, sidewalks, and signs.
(3) In considering proposals for alterations to the exterior of historic buildings
and structures and in applying development and preservation standards, the
documented, original design of the building may be considered, among other factors.
(4) A historic site, or building, structure, site, improvement, or appurtenance
within a historic distdct shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the Interior's
Standards for Rehabilitation., as amended from time to time.
(5) Relocation of historic buildings and structures to other sites shall not take
place unless it is shown that their preservation on their existing or original sites is not
consistent with the purposes of this Section or would cause undue economic hardship
to the property owner.
(6) Demolition of historic sites,, archaeological sites, or buildings, structures,
improvements, and appurtenances within historic districts will be regulated by the
Historic Preservation Board in the manner described in Subsection (F).
(7) The construction of new buildings or structures, or the relocation, alteration,
reconstruction, or major repair or maintenance of a non-contributing building or
structure within a designated historic distdct shall meet the same compatibility
standards as any material change in the eXterior appearance of an existing non-
contributing building. Any material change in the eXterior appearance of any existing
non-contributing building, structure, or appurtenance in a designated histodc district
shall be generally compatible with the form, proportion, mass, configuration, building
material, texture, color, and location of historic buildings, structures, or sites adjoining or
reasonably approximate to the non-contributing building, structure, or site.
(8) All improvements to :buildings, structures, and appurtenances within a
designated historic district shall be visually compatible. Visual compatibility shall be
determined in terms of the following criteria:
45O5
SECTION 4.5.1 (E) (8) (a)
(a) Height: The height of proposed buildings or modifications shall~e
visually compatible in comparison or relation to the height of existing
structures and buildings.
(b) Front Facade Proportion: The front facade of each building or
structure shall be visually compatible with and in direct relationship to
the width of the building and to the height of the front elevation of other
adjacent or adjoining buildings within a historic district.
(c) Proportion of Openings (Windows and Doom): The openings of any
building within a historic district shall be visually compatible with the
openings exemplified by the prevailing historic architectural styles
within the district. The relationship of the width of windows and doom
to the height of windows and doom among buildings within the district
shall be visually compatible.
(d) Rhythm of Solids to Voids; Front Facades: The relationship of
solids to voids in the front facade of a building or structure will be
visually compatible with the front facades of historic buildings or
structures within the district.
(e) Rhythm of Buildings on Streets: The relationship of buildings to
open space between them and adjoining buildings shall be visually
compatible with the relationship between historic sites, buildings, or
structures within a historic district.
(f) Rhythm of Entrance and/or Porch Projections: The relationship of
entrances and porch projections to the sidewalks of a building shall be
visually compatible with the prevalent architectural styles of entrances
and porch projections on historic sites, buildings, and st.r~ctures within
a historic district.
(g) Relationship of Materials, Texture, and Color: The relationship of
materials, texture, and color of the facade of a building shall be visually
compatible with the predominant materials used in the historic sites,
buildings, and structures within a historic district.
(h) Roof Shapes: The roof shape of a building or structure shall be
visually compatible with the roof shape of a historic site, building, or
structure within a historic district.
(i) Walls of Continuity: Appearances of a building or structure such as
walls, wrought iron, fences, evergreen landscape masses, or building
45O6
SECTION 4.5.1 (E) (8)(i)
facades, shall form cohesive walls of enclosure along a street to insL~
visual compatibility of the building to historic buildings, structures, or
sites to which it is visually related.
(j) Scale of a Building: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and
porches shall be visually compatible with the building size and building
mass of historic sites, buildings, and structures within a historic district.
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites in its
directional character, whether vertical, horizontal, or nondirectional.
(9) Visual compatibility standards will be further discussed in greater detail in
the Delray Beach Preservation and Conservation Manual. Said Manual will be
developed as a guide to assist property owners as they seek to nominate their
properties for designation as a historic site or to designate an area within the city as a
historic district.
(F) Restrictions on Demolitions: No structure within a Historic District or on a
Historic Site shall be demolished without first receiving a Certificate of Appropriateness
for that purpose. The Historic Preservation Board shall be guided by the following in
considering such a request.
(1) The Historic Preservation Board upon a request for demolition by a
property owner, shall consider the following guidelines in evaluating applications for a
certificate of appropriateness for demolition of designated historic sites, historic
interiors, or buildings, structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality ._that it would
reasonably fulfill criteria for designation for listing on the national
register.
(b) Whether the structure is of such design, craftsmanship, or material that
it could be reproduced only with great difficulty or economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic distdct within the city.
(d) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
4507
S.E. 2ND ST. INGRAHAM
7, ~ SEA GA TE
a: TO WERS
S.E. 3RD ST. -- ~
I LANGER WAY
, , , $.E. 5TH ST <~ 13UCiDA RD.
S.E. 6TH ST. Z MELALEUCA RD.
CONDO TAMARIND RD.
BUILD~lvG BAUHiNiA
ASHBY RESIDENCE
CITY OF' DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
--- I)IGITAI.. ~4~g' /t,,l,4P $~'~'E.~ -- MAP REF': LM199
~ ·
Delray Ocean Estates ·
1715 SOUTH OCEAN BL\rD.
DELRAY BEACtl. FL 33483
USA
Phone (561 ) 279-0082
Fax (561) 279-0560
December 03, 1997
City Clerk
City of Delray Beach
Delray Beach Fl 33483
City Clerk,
This letter is to appeal the Historic Prese~'ation Board decision on November 19, 1997
regarding COA-329, the construction ora single-family residence in the Marina District. The basis
ofthe appeal is that the proposed single-family residence meets all city ordinances related to
structure and zoning. The "style" of the home is Mediterranean using "S" tile for the roof. The
relief that is being sought is that the City Commission allows this residence to be built. Mr. and
Mrs. John Ashby have chosen Delray Beach as their home because of the diversity of the City.
The house they want to build would be a wonderful addition to the Marina District. Thank you
for your time and consideration in this matter.
Sincerely, ~ .
Charles and Ellen Key
321 S.E. 7th Avenue
Delray Beach, Florida 33483
January 20, 1998
City of Delray Beach
· Dear Board:
I live just north of the proposed house by the Ashbys, and I am looking forward to the addition of
a newly constructed mediterranean style house which they are submitting to build. The
neighborhood will benefit from this new neighbor.
I encourage the board to approve this project because I feel the architecture is consistant with this
area.
Thank you for your consideration.
January 20, 199~
$iu~ur~l~
FILE NUMBER: COA-329I
PETITION NAME: ASHBY RESIDENCE
A. City of Delray Beach Comprehensive Plan as Existed on 1-20-98,
B. City of Delray Beach Land Development Regulations as Existed on 1-20-98,
C. City of Delray Beach Zoning District map as Existed on 1-20-98,
D. City of Delray Beach Future Land Use Map as Existed on 1-20-98.
ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE
: DESCRIPTION OF ITEM : I IN FILE
1. Diane Colonna Dominguez, AICP, Planning Director. 1-06-98
2. Pat Cayce, Historic Preservation Planner 1-06-98
1. Certificate of Appropriateness application approval. 10-03-97
2. Historic Preservation Board Staff Report for meeting of October 22, 10-09-97
1997.
3. Historic Preservation Board's Findings from meeting of October 22, 10-23-97
1997.
4. Historic Preservation Board Staff Report for meeting of November 10-30-97
5, 1997.
5. Historic Preservation Board's Findings from meeting of November 11-06-97
5, 1997.
6. Agent Authorization from owner of 325 S.E. 7th Avenue. 11-05-97
Page 1
FILE NUMBER: COA-329 1
PETITION NAME: ASHBY RESIDENCE
REPORTS AND DOCUMENTATION
ITEM I IDATE ENTERED
NUMBER DESCRIPTION OF ITEM IN FILE
7. Historic Preservation Staff Report for meeting of November 19,
1997. 11-14-97
8. Historic Preservation Board's Findings from meeting of November 11-20-97
19, 1997.
9. Letter requesting an appeal of the Historic Preservation Board's 12-08-97
action of November 19, 1997.
10. City Commission Documentation for the meeting of January 6, 12-08-97
1998.
1. Audio tapes of the Historic Preservation Board meeting of October
22, 1997.
2. Minutes of the Historic Preservation Board meeting of October 22, 10-27-97
1997.
3. Audio tapes of the Historic Preservation Board meeting of 11-12-97
November 5, 1997.
4. Minutes of the Historic Preservation Board meeting of November 5, 11-12-97
1997.
5. Audio tapes of the Historic Preservation Board meeting of
November 19, 1997.
.6 Minutes of the historic preservation Board meeting of November 12-01-97
19, 1997.
Page 2
I FILE NUMBER: COA-329 I
PETITION NAME: ASHBY RESIDENCE
PUBLIC NOTIFICATION
ITEM ~ I DATE ENTERED
NUMBER~. DESCRIPTION OF ITEM IN FILE
1. Public Notice # COA-329 to the Neighborhood Associations, 10-08-97
mailed October 8, 1997.
1. Site Plan and Elevations. 10-03-97
2. Survey. 10-03-97
3. Landscape Plans. 11-17-97
S:\PLANNING~,PPEALS~,SH BY
Page 3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM # ~ -REGULAR MEETING OF JANUARY 20, 1998
PENTECOSTAL CHURCH OF GOD
DATE: JANUARY 16, 1998
We have received a request from Reverend St. Louis Mervilus on
behalf of the Pentecostal Church of God for either a complete
waiver or a reduction in the rezoning application fee from
$1,200.00 to $900.00. The land development applications fees were
increased with the adoption of Ordinance No. 50-97 on November 18,
1997.
You may recall Reverend Mervilus appeared before the Commision on
December 2, 1997, asking for assistance with a zoning problem.
The Pentecostal Church of God has leased the metal building on
Dixie Highway south of S.E. 10th Street, in the Silver Terrace
redevelopment area, and has been conducting services at that
location. The property is not zoned for a church and the owner
was cited by Code Enforcement for conducting a use that is not
permitted by the zoning. Staff has worked with Reverend Mervilus
on numerous occasions to inform him of the steps necessary to
rezone the property, including the applicable fees.
Attached is the Planning Director's memorandum which reviews the
background and provides an analysis of the request. Her
recommendation is that the request be denied based on the finding
that approving the request would result in the granting of a
special privilege. In addition, she points out that the filing
fee represents only a fraction of the costs involved if the
existing industrial building and site were to be converted to a
church.
I concur with the Planning Director's recommendation that the
request be denied, based on the finding that approving the waiver
or reduction would result in the granting of a special privilege.
ref: agmemol4
TO: DAVID T. HARDEN
CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR ~'~ ~'~
DEPARTMENT OF PLANNING AND ZONING
/
SUBJECT: MEETING OF JANUARY 20, 1998
REQUEST FOR WAIVER/REDUCTION OF REZONING FEE
PENTECOSTAL CHURCH OF GOD
The action requested of the City Commission is a reduction or total waiver of a rezoning
application fee. The request comes from Reverend St. Louis Mervilus (see attached
letter). The property that is the subject of the proposed rezoning is the metal building
located on Dixie Highway south of S.E. 10th Street, in the Silver Terrace redevelopment
area.
The subject property has been leased by the Pentecostal Church from owner Richard
Brochu since at least June of this year. The property is not zoned for a church,
nevertheless, services have been held there. The Reverend was notified in June that
the property had to be rezoned, and was informed of the process and fees involved.
Staff recommended that he attend a Planning and Zoning Board workshop to discuss
his proposal and get feedback from the Board as to whether or not they might support a
rezoning. He and several members of his congregation attended the P & Z workshop
meeting of July 14, 1997. The Board expressed concerns over the proposal, especially
regarding the parking requirements, but indicated that they might be receptive if those
concerns were adequately addressed.
On numerous occasions following that workshop, P & Z staff met with the Reverend
regarding the rezoning application requirements. Senior Planner Ron Hoggard
informed him on at least one occasion that a fee increase was being processed and
gave him a copy of the proposed fee schedule. Several months passed and no
application was forthcoming, but church services continued to be held on the premises.
The property owner was ultimately cited by Code Enforcement for conducting a use that
is not permitted by the zoning. Reverend St. Louis attended the City Commission
meeting of December 2, 1997 to ask the City Commission for assistance in obtaining
the proper zoning. Subsequent to that meeting he was sent a letter by the City
Manager informing him once again of the steps necessary to rezone the property.
City Commission Documentation
Pentecostal Church of God - Fee Waiver
Page 2
On December 29, 1997, the Reverend came to the Planning and Zoning Department to
submit a rezoning application. The application was incomplete and did not include all of
the necessary documentation. He was also reminded that the application fee had
increased from $900 to $1,200. He has stated that it took him several months to raise
the initial $900, and he does not have the additional $300.
LDR Section 2.4.3(K)(7) allows the City Manager to waive application fees for non-profit
organizations that receive a portion of their operating budget from the City or the United
Way. The Church does not meet that criteria. The City Commission has the ability to
waive the fee, subject to making a finding that granting the waiver:
a) Shall not adversely affect the neighboring area;
b) Shall not significantly diminish the provision of public facilities;
c) Shall not create an unsafe situation; or
d) Shall not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for another
applicant or owner.
Granting the waiver would not affect the neighborhood, the provision of public facilities,
or create an unsafe situation, however, it would constitute the granting of a privilege
that has not been granted to other applicants under similar situations. There has been
no "grace period" for the fee increase, and several people who were in the pre-
application phase before the fees went up paid the new fees in full when they submitted
their applications.
With respect to the church's ability to pay, it is noted that this fee represents a fraction
of the costs involved in converting the industrial building and site to a church. If the
rezoning is approved the church will need to go through the site plan review process,
which involves the submission of architectural and engineering plans, and another
processing fee. It is also likely that the church will have to purchase or lease additional
property to meet the parking requirements. Assuming that all of the approvals are
granted, the costs of installing the necessary improvements will be significant. The
building is suitable for industrial purposes; converting it to a place of assembly will
require numerous upgrades to meet safety and accessibility standards.
By motion, deny the request for a fee waiver/reduction, based on the finding that
approving the waiver would result in the granting of a special privilege.
Attachment: Letter of Request
January 8, 1997
Mr. David Harden
City Manager
100 N. W. I st Avenue
Delray Beach, F1 33444
Dear Mr. Harden:
According to your recent letter of application to rezone the property of our church, you have
raised the processing fee fi'om $900.00 to $1,200.00.
Could you please either keep the fee at $900.00, or if possible, lower it or waive it all together as
we are a very small and poor church.
Please advise me at your earliest convenience.
Sincerely,
Reverend St. Louis Mervilus
PENTECOSTAL CHURCH OF GOD
cc: Mr. Jay Alperin, City Mayor
Mr. Ken Ellingsworth, Deputy
Mr. Kevin Egan, Vice Mayor _
Mr. David Randolph, City Commissioner
Mr. David Schmidt, City Commissioner
Mrs. Diane Dominguez, Delray Beach, Building and Zoning Dept.
Mrs. Lula Butler, Delray Beach Code Enforcement Chief
Mr. Jerome Sanzone, Delray Beach Chief Inspector
Susan Ruby, City Advocat:
£1TY OF I)ELAI:IY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
TO: David T. Harden, City Manager
1993
FROM: ~¢~ obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # ~'~.- CITY COMMISSION MEETING, JANUARY 20, 1998
SPECIAL EVENT REQUEST - DELRAY AFFAIR
DATE: January 14, 1998
ACTION
City Commission is requested to endorse the Delray Affair to be held April ]7-]9,
]998, fo grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City
property and rights-of-way, to waive LDR's Section 4.6.7 (D) (3) (j) (ii) to allow signage
to be placed more than one week prior to the event, to provide staff support as
outlined in the attached letter, to split the overtime costs 50/50, and to waive LDR's
Section 4.6.7(C)(5) (a) and (9) to allow banners and a cold air balloon.
BACKGROUND
Staff has reviewed the attached request from the Chamber of Commerce for the
Delray Affair. We support the request except for the following:
A.Approve use of parks with the stipulation that the Parks and Recreation Director
has input concerning the events proposed on park property.
B. Use of grounds at Old School Square needs to be approved by their Board of
Directors. City does not own property (lot) south of Sun Bank parking lot.
C.Grant approval of signs per code requirements, and banners, and deny use of
cold air balloons for advedising.
Estimated overtime total for this event is $26,200. Last year's actual overtime casts
were approximately $23,000.
RECOMMENDATION
Staff recommends approval of the Chamber of Commerce's request with staff
recommended exceptions.
RAB:sdl
File:u:sweeney/agenda
Doc.:98Delray. Aff
THE EFFORT ALWAYS MATTERS
2 2 1991 DEC 2 9 1997 DfC 2 2 1997
Decem be~ I~'~' I~j~/A ~AA~TE R CITY COMMISSION,
Mayor and Cicy Commission
Ci~ of Delr~y Bea~ch
~ 100 NWI sc Avenue
J~-c97 Delr~y Be~ch, FL 33~,~,
~'~ D~r I~ayor ~nd Commi~ione~:
The Delray Affair
~e Delr~ A~air, celeb~n~ i~ 36~ ~nnive~ in 1998, is scheduled for ~ril 17,
~4 s.E. ~flh A~en~e 18, & 19, 1998 ~d we would like to reques~ your suppo~ once ~in.
D~r~y B~h, ~ 33483 We ~re ve~ proud of~e ~cellen~ rep~on ~e even~ h~ e~med over ~e I~ 35
years ~,,~ w~ ~, ~u~ ~ p~ of ~e success co ~e ~re~ re~cJo~hip we h~ve with
· e Ci~ of Del~y Be~ch.
~e even~ h~ ~ si~ific~n~ economic imp~ of more ~n $20 million ~ me.uteri in
(56~j 2~9~ ~382 our 199~ Economic Imp~c~ S~udy.* We ~lso ~re ~rilled ~o sh~re ~e ne~ of our
mo~ recent ~ccomplishmen~ ~o broke pinnacle ~rds presented by ~he
~a~ ~56~)2~8.0555 In~ern~on~l Fes~ ~nd ~en~ ~soci~on. I~ is our hope ~ ~is desi~tion,
?~ ~lon~ wi~ o~e~ received in ~e p~ will ~si~ us in our effo~ to continue to brin~
cha dekaybe~ch.com more ~our ~roups ~nd visico~ ~o Del~y ~ch durin~ ~e A~air.
~e~e consider ~ppro~l of ~e followin~ Del~y Aff~ir i~ems:
Produced by
I. ~o~emen~ by ~e Ci~ Commission ~ ~ Ci~ supposed even~
Zh~ ~re~ter
~ ]. Use of Ci~ p~n~ ~cili~es ~t Wo~in~ P~ Ve~e~ns P~rk ~e Ci~ lot
behind H~nd's, ~e Io~ on ~e SW comer o~ SE 3rd Ave. & SE 2nd S~
Dekay Beach
(~dj~cen~ ~o ~e milro~d ~c~), C~on Co~e, NE I sc S~ree~ ~nd Io~
~dj~cenc ~o Vi~o~o's Re~u~nc on Fede~l Hi~y no.bound ju~ so~
Chamber ~ Commerce of Ad~n~c Avenue for en~e~inmen~ ~nd ~ibicor p~rkin~
3. Use of ~11 ~re~ wi~in ~Vo~hin~ P~rk Ve~e~n's P~rk ~nd the ~erior
~rounds of Old School Squ~re (sep~e request le~er sent ~o Old School
Squ~re):
Blockin~ off p~r~n~ from S~ncon Avenue co ~e In~co~l W~e~y ~nd
closin~ A~n~ic Avenue to t~c from Swin~on Avenue to P~lm Squ~re.
Bloc~n~ ~ccess to Ad~ntic Avenue from e~ch side s~ree~ in this ~re~ from
~lley to ~lley. Suspension of p~r~n~ ~me restrictions~
5. Provide Ci~ ~ff suppo~ wi~h representation from Police, Fire, S~ree~,
En~neerin~, Flee~ ~nd ~cili~ H~in~en~nce, Communi~ Improvement,
P~r~ & Recreation, ~nd Ci~ N~n~e~ O~ce for pbnnin~ ~nd ope~tion
se~ces~
Continued
Delray Affair- Page 2
6. Allow this to be the only Commission approved event during the Delray
Affair time frame. Allow all vendor permits to be assigned by the Chamber
of Commerce only, with the exception of the Special Event Parking Loc
Concessions;
7. Permission to erect signs promoting the event from March 22nd through
April 19th. Permission to use one cold air advertising balloon within the
event are~ Permission to erect two overhead banners within the confines
of the Delray Affair site;
8. We request the City of Delray Beach split the cost of City staff overtime
services 50~50 with the Greater Delray Beach Chamber of Commerce.
We sincerely appreciate all of the efforts of the City employees and look forward to
a great Delray Affair in 1998. We hope each of you will be a part of the festivities.
Yours truly,
President
cc: Dave Harden, City Manager
Bob Barcinski, Asst. City Manager
Joe Weldon, Director of Parks & Recreation
Hoyt Owens, Director of Public Works
Robby Pentz, Supervisor of Traffic Operations
Lulu Butler, Director of Community Improvement
*Regional Research Associated, 1994
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 20, 1998 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.C.1. CITIBANK REQUEST FOR COLD AIR BALLOON AT THE NUVEEN
(CITIBANK CHAMPIONS) TENNIS TOURNAMENT: Consider a
request from Citibank Champions, a sponsor of the
upcoming Nuveen tournament, for the use of an inflatable
cold air balloon at the Tennis Center during the
tournament.
NOTE: This item is added as a sub-item to 9.C., Special Event
Request for the Delray Affair, inasmuch as that request
also included the use of cold air balloons.
ref:ADDENDUM
CITIBAN¢ ®
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Dekay Beach, FL 33444
Dear Mr. Harden:
I am the Operations Manager for the Citibank Champions and I recently had a discussion with
Paul Felsberg about our inflatable balloon that we would like to place at the Delray Beach Tennis
Center for the Citibank Champions. He suggested I send you a picture and give you the
dimensions for the balloon. The balloon is 35' tall and approximately 30' wide.
Paul explained to me that there are questions that need to be addressed about the use of the
balloon on site. I would like to talk to you at your earliest convenience concerning our efforts.
(561-243-0899)
Sincerely,
Operations Manager
Citibank Champions
[lTV I]F I]ELRI3V BER[H
CiTY ATTORNEY'S OFFICE ~°° ~ ~ ^'~'~" ~'^~ ~^~"' ~,o~,~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
llI.Amedca City MEMORANDUM
993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Garlands v. City
This case is an action to recover monies paid into the pension plan by Robert and Arthur
Garland after they attained 30 years of credited service. Robert Garland paid in
$10,185.53 prior to the effective date of the new ordinance (December 1993, which
stopped the contributions after 30 years of service). Arthur Garland contributed
$12,230.94.
A previous offer of settlement in the amount of $22,000.00 was denied by the City
Commission on October 7, 1997.
Our office has received another offer of settlement in the amount of $6,000.00 per
Plaintiff, or $12,000.00 in total. (see attached letter)
By copy of this memorandum to David Harden, City Manager, our office requests that
this matter be placed on the January 20, 1998 City Commission agenda for approval.
SAR. c~~~~--'~
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
James W. Linn, Esq.
~a~-'~9-9fl 05:C17P Lae 1[. L~,vensor~ ,.~r-. Esq. 56127657E7 P.02
J~ 9, 1998
via ~ax and Mail
Jamgs ~. Li~
L~wis, Lon~m & Walker, P.A.
125 South Gad~n S~ Suit~ 300
P.O. Bo~ 10788
Tall~see, Fladda 32302
Dear ~. Linn,
As ~r your mq~st, p[~se allow ~ lh{lowi~g to some as a smm~tion of the facto of this claim:
~ur Garland, S~al Sec~i~ number md Rob~ Curled. Soci~
S~afiW nmn~r b~g~ cmplnym~t with ~ City of De~y Beth
on Febma~ 22. ~d ~y 2g, 1956, ~sp~ivcly. ~ G~lands mada biwee~y
con~bufions ~o ~e Ci~ of Deiray Be,ch G~n~l ~ploy~e Retirement Plan
(h~ei~r ref~d to ~ the "plan") ~rough De~ber 17, 1993.
31~ Delray Beach CiW Co~ission m t{ig meeting of Detainer 7, 1993
approved a ~m~ of the General Empl~ye~s Pension PI~ OM~.
in ~is r~-d~ was a ~vision [6 Sec~on 3~.095 ("Con~butians ofPaRicip~t ~d
City') in which pa~icipant ~on~butio~:, ~er~ to be d~n~ued for any
pa~ip~t (i.e. ~c ~ri~) ~ho had auained d~i~ (30) yea~ of ~it~
s6~ige. A~ur Garland a~ 30 year~ credigd se~i~e on or a~m Feb~
;: 22, 1986. Robert Garln~ ~incd 30 y~ cmdit~ ~¢e on or ~ ~y 24,
:~ 1986. H~wever, the de~o~ ~ from the Gar~ bi~e~y pay~ ~r
:/~' .... ~bufions to the Ganami ~ployee l~si~ PI~ w~= not ~s~n~u~
Decliner 17. 1993.
D~ m ~e serious even~ we ~=ently gonveyad to yo~ office ~g~ding
tire--states, w~ d~ka to ~ ~is maRgr. ~ wdve tholed doll.s ($12,000.00) m~s six
tholed doila~ ($6,000.00) for ~ch pin. il ff and mpmsen~ ~g ~oa of defense,
Sine.ely.
LE~pm
01/14/98 WED 09:01 [TX/RX NO 9027]
CITY JIF DELRn'F BENCH
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
~ MEMO~ND~
~ll~l~''''- DATE: January 14, 1998
TO: City Co~ission
199.3
FROM: Susan A. Ruby, City Attorney
SUBJECT: ~endment to Coca-Cola Contract and ~endment ~1 to Net Assets
Contract
The Coca-Cola contract amendment provides that the $25,000.00 sponsorship fee and
$81,000.00 in additional promotional support will be paid over to Net Assets, unless Net
Assets fails to promote the tournament in 1998 and 1999, in which case the monies will
be paid to the City and the addendum becomes null and void.
The Net Assets amendment indicates that the monies that Coca-Cola was to pay to the
City i.e., the $25,000.00 cash payment and $81,000.00 promotional support will be paid
to Net Assets. These monies will be included as gross revenues and be included in the
computation of the 35% net profit amount due the City under the contract with Net
Assets and BJCE, Inc.
No other terms of the original agreements are to change except as included in the
amendments.
If you have any questions, please contact me.
By copy to David Harden, City Manager, our office requests that these amendments be
placed on the City Commission January 20, 1998 agenda for City Commission approval.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Robert Barcinski, Assistant City Manager
Brahm Dubin
Golf & Tennis Management, Development & Consultation
januaE.? 14, 1998
CITY ()F DELRAY BEACH
David'Harden
City ~[anager
100 NW 1 st Avenue
'Dea~ Mr. Harden:
On May 2, 1997, The City of Delray Beach awarded the Soft Drink Vending
Semite Corttract to Coca-Cola Enterprises, Inc. (COKE).
'Paxtlof the bid included Coke paying the City $25,000 cash and $81,000 Ln
promotional awards per year for 3 years for "Title Sponsorship" of t]~
~:nber [997 Men's Challenger Tennis To~_~mament.
The iCity received $25,000.00 cash in 1997 for the September, 1997 event.
At that time we were hopeful of concluding arrangements with NET
ASSIq-.'YS, INC. to host the February, 1998 Nuveen Event. Part of our
negot~tations with NET ASSETS iacluded using our future COKE cash
prod. eeds and future promotional support to benefit the 1998 and 1999
Nuveen Tournament.
TheSe 'two amendments transfer COKE's future responsibilities with the
City of Delray Beach to NET ASSETS.
SinCe-ely,
Bral~:t Dubin
BD/m.bp
h/bdcoke, J h
2-20[} Highland Avenue · Defray Beach, FL 33445 - (561} 243-7064 · Fax (561) 243-7386
AMENDMENT TO THE CONTRACT BETWEEN COCA-COLA ENTERPRISES, INC.,
D/B/A FLORIDA COCA-COLA BOTTLING COMPANY
AND THE CITY OF DELRAY BEACH. FLORIDA'
This Amendment to the contract between Coca-Cola Enterprises, Inc., d/b/a Florida
Coca-Cola Bottling Company (Contractor) and the City of Delray Beach, Florida (City) is
made this t:~ day of~l,ar~ , 199 7
WITNESSETH:
.xt_.~W~REAS, Contractor and the City entered into an Agreement on May 2, 1997,
known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and,
WHEREAS, the Coca-Cola Contract in Attachment A, Section IV, "Advertising" sub-
part B, "Tennis Center Promotional Events" and Addendum C provides that Contractor will
provide $25,000 for sponsorship fees and $81,000 in additional promotional support to the
City for each year of the contract; and,
WHEREAS, the "Coca-Cola Contract" also provides for other support services which
is not included as part of the services for the purposes of this addendum; and,
WHEREAS, the City has entered into a separate agreement with BJCE, Inc. (BJCE)
and Net Assets for promotional and other services; and,
WH2EREAS, the City and Contractor agree that for tile years i998 and i999, that the
items referenced in Attachment A, Section IV. B and Addendum C to the "Coca-Cola
Contract", only, will be paid directly to Net Assets instead of the City, unless Net Assets fails
to promote the tournament in 1998 or 1999.
NOW, THEREFORE, for the mutual promises, covenants, and agreements contained
herein, the parties covenant and agree as follows:
1. That the recitations set forth above are incorporated as if fully set forth herein.
2. That the parties agree that Contractor shall pay over to and provide to Net
Assets the monies and services provided in Attachment A, Section IV., subsection B, and
Addendum C of the "Coca-Cola" contract for 1998 and 1999.
3. Contractor is authorized to contract directly with Net Assets as to the
particulars of the promotions and schedule of payments.
4. That for any reason Net Assets fails to promote the tournament, then the monies
and promotional support shown in Attachment A, Section IV, subsection B and Addendum C
to the "Coca-Cola Contract" will be paid directly to the City as originally contemplated and
this addendum will become null and void.
5. All other terms and conditions of the Coca-Cola Contract shall remain in full
force and effect as if fully set forth herein.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Mayor
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES: COCA-COLA ENTERPRISES, INC.
(Print or Type Name) - (Print ~yp~'Name) ~"'
(SEAL)
(Print or Type Name)
2
STATE OF
COUNTY OF
The foregoing instrument was acknowledged betbre 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 corporati,m. He/Si~¢ is personally k~',own to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
Title or Rank
Serial Number, if any
coke.agt
i:Z,,"Z2/:/.'"J'¢/ ~8:88 5612437386 DELRAY BEACH GOLF CL PAGE 83
AMEN'DlCIEN~ 1 TO PROMOTIONAL SPONSORSHIP/SITE AGREEMENT BETWEEN
~ NI~T! ASSF~TS.. BJCE. ['NC. AN'D TI-IT CYI'Y OF D~I~RAY BEACH
Thi..'~ 3u-neg)rlment No. 1 to the Promotional Spomord:dp/$ite Agreement ("Promotional
Contract") ibetween Net A~scts (Net Assets); B/CE, Inc. (B,ICE) and thc City of D¢lray Beach
(¢ity) is m,'itde and entered into ttds -' i '~ .dayof t0~£~c~q~- ,1997 .
': : WITNES'SETH'
Wtt.EREAS, Net A~set~, KICE and the Ci~ en~red into an Agreement dated June
27, 1997 (~referred m her, in a~ "Promotional Contract") for the pu~o$¢ of holrt~ng a
touimament,:lmown as the "Sponsor" Champiom, which is part of the Professional Nuveen
Tour to be iheld a~. the Delray Beach Municipal Termi~ Center (Termis Center); and,
WItZRE~, the City errtered into a contract with Coca-Cola F_mterprises, Inc. d/b/a
Florida Co~'a-Col~. Bottli~ Comp~my (Coca-Cola), dated May 2. 1997 (referred to herein a~
"Coca~Cola~Con~act") which provided that Coca-C01a shall have exclusive pouring right~ at
all events atlth¢ Terns Center tl~rougl~out the term of the "Coca-Cola Contract" which expires
on May 2, :2000 With the option of or~ additional tl~ree year renewal period if renewed by the
City; and,
WltERE~$, thc "Promotioml Contract" provided in pm, in Section 1.06. ~
Support, sub-para:,,raph B that "B.ICE will maximize the promotion of th~ toumamen~ with
mark, ting a/ad spOnsOrship rapport from the Florida Coca-Cola Boffiing Company a~ par~ of
its exclusive:! pour/~..' right~ agreement with the CiBr"; and,
WIiER.EA~, Article 3 of the "Promotional Contract" required t. he City to contribute
$100,000.00 eachi year to Net P~t~, for the term of the Contract in order to support the
tourmment, iwith ~e Cit7 receiving 35% of ~e net profits; and,
--
zzzi~/ ~:uu 5612437385 DELRAY BEACH GOLF CL PAGE
W~~, Section.IV. B of ~ "C~-Cola Co~t" aha Addendm C ~erem,
req~ed ~at CoCa-Cob pay ~e Ci~ $25,000.00 per ye~ ov~ ~ y~s to spo~or ~e
1997 ATP Ch~le~e ~ promo~o~ mppo~ ~ ~e mo~r of $81,~.00 per y~ for ~ee
~Z~, ~ Ci~ a~ees ~t ~e mo~es ~ pmmoflo~ ~ppon ref~ to ~
Sec~on ~.:~B ~d A~endm C of ~ "C~ Cola. Conmacr' m be p~d by C~a Cola to ~e
Ci~, wffi ~mmad [be paid or ~a~qfe~ed m N~ ~s~; ~d,
Contact" to mcdg~e ~t Coca-Co~ is an ~dus~ excl~ive Sup~ Spomor of Nuv~n
Tour eventt',~ to be ~held at ~ De~y Beach Terns Ce~er ~ 1998 ~d 1999; ~d,
WHE~A~,. . ~e p~es a~ee ~r ~e moffies orig~y due ~e Ci~ ~om Coca-Cob
will be ~cl~d ~ ~e co~amfiom m derive ~e Ci~'~ s~e of aet pro~.
NOW, T~~O~, ~ comideration of ~e mu~ pro~es, covenm ~
agr~menB :con~ed here~, ~e p~es covet ~d a~ee ~ follows:
1, ~: ~at ~ recim~om set fo~ above are ~o~ora~d ~ ff ~7 set
fo~
2. Exclusive Spo~orship Assignment Fees: ~at ~cle 3, Section 3.07, "~oduct
~E and Net Assem will a~ee to sell appropr~m spomor produc~ at
co~c~ssiom;}~d ~e su~ products dur~g ~ ~c~om d~ ~e tom~nt. ~ p~es
a~ee to ~ ~ek best effom to s~e comp~en~ prod~ m ~i~t h r~uc~g ~e
i'z z2/i~Z ~8:O0 5~1243738~ DELRAY BEACH
2M Exclusive Rights: Assi-tmment.
The! oarties recognize that Coca-Cola has eXclusive pouring rights for all events
gi.!llg..T.g~i~ Certt'er and is an indn~try exclusive Su_nport Sponsor for NuveenI_our eventq at
!llg._Tgllll~2enterifor 1998. and 1999. The parties desire that the sponsorship consideration
receJ.ved ftC;al Co'a-Cola. pursuant to the "Coca-Cola". Contract between Coca-Cola and the
t~i$'y shall be paid!instead to .Net Assets. m the extent provided for herein in Seeri_'on B and in
addition Zo r_he other payments set forth in Paragraph 3.0I (A) of the "Promotional Contract".
for the yearg 1998~ and 1999. Net Assets and Coca-Cola may enter into a contract to orovide
for the spor~sorship which may include additional terms not inconsistent with the ~Coca-Cola
Contract". :trtd the_"Promofional Contract". a~amended. The City_ will amend its contract
with Coca-Cola to!provide that the payments and considerations .referred to below shall he ~aid
directly to Net AsSets. attention Controller. 1205 West Lakes Drive. Suite 175. Berwyn.. PA.
19312. for l~ae 1998 and 1999 tournament years. The remaining portion of the
Contract" Shall not be transferred or assigned. If in any year of this Agreement. the
t0u~ament 5s not :'held for any rea.mn, the parties a~ee that the consideration set forth herein
" i
shall be r~aid by Cbca-Cola to the City_ and not to Net Assets.
B. SPONSORSHIP FEES
~ill assign its rights under the Coca-Cola Contract to Net Assets only as follows:
1998
ca ze - ', s25.000
[n-store Chain Promotion - $30.000
; _
Coca!-Cola~ will create a custom in-store .promotion with a ma_lot retail chain.
SupPgrted by t}oint-of-sale displa.vs that will include the Event logo. Promotions will
I -
inck~de names of participatin? ?lavers a~d tournament name. c~a¢$, telep_ hone lumbers.
~etc. iProm~)tion to be pre-approved ~v._?..et Assets.
Media Support:
Coc'a-Colal will provide media support through a combination of the following, radio
con;~iersiofi with Coca-Cola scheduled media fli!ht~, dedicated radio promotions with
on-mr ~,~ haways, on-site radio remole'$ and billboards. Radio Spots will include
na~:.es of partic~atin_~ players and tournament name. date. telepholxo numbers, etc.
Spo'fs to b, pre-approved by Net Assets.
s o.ooo
Coca-CoiL will provide ten (10) thematic tmckbacks nromofing the Event at the Delray
Bea.~h Ter~nis Center scheduled four (4~ week~ prior tO the event. Tmckback ~qignage
willii~nclude names of participating players and tournament logo, name. dat~, t¢l~phona
number, e~c. and will be pre-approved by Net Assets.
Vacation Giveawsy - $ 1.000 ..
CoCa-Colin will provide vearlV~ four
promotional giveaway. Net Assets and Coke will decide on the dat_e and requiremem.~
of t~te promotion and will make best efflllgs to make another Nuveen Totlr event the_
destmatmn of the vacation.
3. com~utation of City's Share of Net Profitq. The City is entitle,:l to 35 % of Net
~i pro,fits under the "Promotional Contract". The monies a~signecl by the City to
~ Ne{: Assets in this Addcndum shall be included in Gross Revenues and be
inciudcd in thc computation of net profits due the Cit7 under the "Promotional
Co,~ll:ract'.
4. Full Force and Effect. Ail other terms and conditions of the "Promotional
Co,htract" between thc City, B/CIg, and Net Assets not expressly modified
· .her~in shall remain in full force and effect as if fully set herein.
i.
5. :~ ~. Other tlmn as sci forth in this Amendment to the "Promotional
Contract", r2~ parties hereto may not assign, transfer, encumber, license or
otherwise dispose of any of their rights, or obligations hereunder without the
express prior written consent of all parties.
6. Entir~ A~remnent. This Amendment to thc Promotional Contra¢~ constitutes
entire understanding between the parties and supersedes all prior negotiations,
understanding and agreements whether oral or written.
4
13.."Z~/!5~7 00:00 5612437386
ATTEST: ~ , CITY OF DELRAY BEACH, FLORFOA
By: i ' By:
City"I Clerlc Mayor
Approved aZ to legal sufficiency
and form:
CitY iAttomey
(Print or TYl~ Name)
(Print or T3 pe Name)
(Print or T~Pe N ~a~ae)
STATE OF~
Thei!foreg~oing:~ immament'~as, acknowledged-before me thi~ ~q5 day of
(~e of c0~orafion ac~owl~g~g), a (state or pla~ of
~.X~ (~pe of i~mfica~
:,~ ~ s~ [ ~i~c of, Person ~~wled~ent
Nme ~ed, ~t~ or S~
Tiflc or ~
S~ Nmb~, ff ~y
wrrNESS S: n JCl, m C.
(Print or T~Pe Name) (Print or Type Name)
(SEAL)
:
(Print or TTPe Name)
;
STATE OF'
COUNTY OF
The, foregoing instrument was aclmowledged before me this day of
:_,199 ,by ,as
(name of officer o? agent, rifle of off.mm' or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation',, on b~lmlf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking A¢lmowled_tnn.nt
Name Typed, Printed or Stamped
Title o~ Rank
Serial Number, if any
6
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ail.America ¢it¥
~ DATE: January 14, 1998
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Resolution %98 - Setting Public Hearing for Consideration of Woods of
Southridge Special Assessment District
The attached resolution, if approved, will set the date for the public hearing regarding
the establishment of the Woods of Southridge Special Assessment District. The City
Clerk will be mailing notices to the individual property owners of the hearing and the
assessment amount.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
Barron Caronite, Engineer I
soridgc4.dm
RESOLUTION NO. 7-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE
FOR THE PUBLIC HEARING REGARDING THE FINAL
CONSIDERATION OF THE WOODS OF SOUTHRIDGE SPECIAL
ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND
PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the January 6, 1998 meeting, the City Commission
declared a necessity for the improvement of the streets within the
Woods of Southridge Subdivision through the adoption of Resolution No.
5-98; and
WHEREAS, pursuant to the requirements of state law and the
City's Land Development Regulations, a preliminary assessment roll was
prepared showing the lots to be assessed and the amount of the
assessments; and
WHEREAS, the City Commission must provide notice of the
assessments and hold a public hearing prior to the final adoption of
the assessment roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a public hearing shall be held on February
17, 1998, at 7:00 p.m. at the Delray Beach City Hall Commission
Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the
public hearing, owners of the property to be assessed or any other
persons interested therein may appear before said governing authority
and be heard as to the propriety and advisability of making such
improvements.
Section 2. That the City Clerk shall mail notice of the
public hearing to each property owner listed in the preliminary
assessment roll.
Section 3. That the City Clerk shall publish notice of the
public hearing in a newspaper of general circulation within the county.
Section 4. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 20th day of
January, 1998. ~~M~
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 20, 1998
RECOMMENDATION ON COUNTY LAND USE AND ZONING CHANGE FOR
B/E AEROSPACE PROPERTY
DATE: JANUARY 16, 1998
This is before the Commission to consider making a recommendation
on a proposed Future Land Use Map amendment (from Medium
Residential 5 to Industrial) and zoning change (from Single Family
Residential to Light Industrial) for a single family home that is
located next to the B/E Aerospace facility between 1-95 and Lake
Ida. The property is located in unincorporated Palm Beach County,
but adjacent to both Delray Beach and Boynton Beach.
Attached is the Planning Director's review and analysis of the
request, including consideration by the Planning and Zoning Board
and the Palm Beach County Planning staff recommendation.
The action recommended is approval of the petition, subject to the
following conditions:
(1) That the site be limited to existing square footage;
(2) That the site be limited to only the proposed uses (office
and storage space) with no manufacturing uses; and
(3) That the City receive notice of any applications (site plan
review or building permit, whichever is applicable) that
propose to modify the exterior of the structure.
ref:agmemol7
TO: DAVID T. HARDEN
CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR
FROM:
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 20, 1998
RECOMMENDATION ON COUNTY LAND USE AND ZONING CHANGE
FOR B/E AEROSPACE PROPERTY
The action requested of the Commission is to make a recommendation on a proposed
Future Land Use Map amendment and zoning change for property located in Palm
Beach County's jurisdiction, but adjacent to the cities of Delray Beach and Boynton
Beach. The subject property is a single family home that is located next to the B/E
Aerospace facility, between 1-95 and Lake Ida. It is accessed from Lake Drive in
Boynton Beach.
The B/E Aerospace facility was built in 1959, along with three adjacent homes intended
for use by plant executives. At the time there was very limited housing in the immediate
area. Since then numerous subdivisions have been developed around the property,
offering many more housing choices for plant employees. Two of the three homes
have been sold; ownership of the third house was retained for use by the plant. The
proposed use is as office space and storage for the manufacturing business, which
requires that the land use and zoning be changed. There is no intention to establish
additional manufacturing operations on the site. The proposed changes are as follows:
EXISTING PROPOSED
Future Land Use Category: Medium Residential 5 Industrial
Zoning Designation: Single Family Residential Light Industrial
In November of last year the Planning and Zoning Department received notification
from the County of the proposal. We mailed letters and location maps to the owners of
approximately fifteen (15) residences located in closest proximity (across Lake Ida)
from the facility, as well as the president of the Lake Ida Homeowners Association. The
letter explained the proposal and asked them to contact us with any concerns they
City Commission Documentation
B/E Aerospace Facility
Page 2
might have. No comments were received. At the Planning and Zoning Board workshop
on January 12, 1998, staff discussed the item with the Board and asked if they wanted
to forward a recommendation to the County. The Board did not express any serious
concerns with the proposal, provided that it is implemented as described (i.e.,
conversion of the interior of the house to office/storage space). They recommended
that a letter be sent stating our desire to have the opportunity to comment on any site
plans that are processed for the property.
Palm Beach County Planning staff has recommended approval of the petition subject to
the following conditions:
· That the site be limited to existing square footage and;
· That the site be limited to only the proposed uses (office and storage space) with no
manufacturing uses.
The conditions will be attached to the approval of the development order (i.e. site plan)
that allows for the conversion of the building. Both the County's Land Use Advisory
Board (LUAB) and Zoning Commission voted unanimously to recommend approval of
the petition subject to those conditions.
By motion, recommend approval of the petition subject to the following conditions:
· That the site be limited to existing square footage;
· That the site be limited to only the proposed uses (office and storage space) with no
manufacturing uses; and
· That the City receive notice of any applications (site plan review or building permit,
whichever is applicable) that propose to modify the exterior of the structure.
Attachments:
· Location Map
· Future Land Use Map of Area
NEPTUNE DRIVE '~'
LAKE
EDEN
N.W 22ND STREET
SITE
LAKE
PALM BEACH COUNTY N.W. 1BTH ST.
BEACH CITY LIMITS
IDA
N.W. 17TH ST.
PARK
LAKE DRIVE
N AEROSPACE PROPERTY }
-FUTURE LAND USE MAP AMENDMENT-
CITY OF DELRAY BEACH, EL
PLANNING & ZONING DEPARTMENT FROM: COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL-5 UNITS/AC.) TO: COUNTY IND (INDUSTRIAL)
-- DIGI~',AL. ~45E A,I,,4P SY~I'E'M -- MAP REF: LMA71
NEPTUNE DRIVE
LAKE
IND ~
EDEN
MR-5 ,
N.W 22ND STREET
SITE ~ ,
MR-5
LAKE
PALM BEACH COUNTY N.W. 18TH ST.
BEACH CITY LIMITS
IDA
N.W. 17TH ST.
PARK
LAKE DRIVE
N B/E AEROSPACE PROPERTY }
-FUTURE LAND USE MAP AMENDMENT-
CiTY OF DE:LRAY BE:ACH, FL
PLANNING & ZONING DEPARTMENT FROM: COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL-5 UNITS/AC.) TO: COUNTY IND (INDUSTRIAL)
-- DIG'II'AL ~,4SE .I,4,4p SY':JFEli,¢ -- MAP REF: LMA71
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~/~- REGULAR MEETING OF JANUARY 20, 1998
CONTRACT ADDITION (C.O. #2)/O'CONNOR & TAYLOR, INC.
(CENTER COURT AT THE TENNIS CENTER)
DATE: JANUARY 16, 1998
The City Commission is asked to consider approval of an addition
to our current contract (C.O. #2) with O'Connor & Taylor, Inc. in
the amount of $38,218.00. The purpose is to cover the cost of
converting the existing center hard court at the Tennis Center to
a subsurface watering system court (clay) similar to the other
existing courts. O'Connor & Taylor has agreed to simply pass
through the costs from Calico Courts without adding any overhead,
profit or insurance charges to Calico's price.
The work will be completed in time for the upcoming tennis
tournament in late February, 1998.
Recommend approval of the contract addition (C.O. #2) with
O'Connor & Taylor, Inc. in the amount of $38,218.00, with funding
from the General Construction Fund (334-4145-572-63.90) - Other
Improvements, pending budget transfer from 334-6112-519-62.10 (R&R
Building).
ref:agmemol6
Agenda Item No.
AGENDA REQUEST
Date: January_ 12. 1998
Request to be placed on:
X Regular Agenda
~. Special Agenda
~. Workshop Agenda When: January. 20. 1998
Description of item (who, what, where, how much): Staff request City Commission approve
Contract Addition, Change Order #2, in the amount of $38,218.00 with O'Connor and Taylor, Inc.,
to cover the cost of converting the existing center court at the Tennis Center to a subsurface
watering system court. Funding is available from the General Construction Fund Account #334-
4145-572-63.90.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Contract Addition, Change Order
#2, in the amount of $38,218.00 with O'Connor and Taylor, Inc., to cover the cost of converting
the existing center court at the T~pis Ce~nte, r~o a sub~ul~f~e watedng system court.
Departmentheadsignature: ~'~~~~-..,~'-/1
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re/~d on all items involving expenditure of funds):
Funding available:~ES~NO
Funding altematives-'[if applicable):
Account No. & Description
Account Balan~
City Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Re~ived:
Plaid on Agenda:
Action:
Approved/Disapproved
s:~..A9560~agreq120
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos~ Aguila, A.I.AL/~
Construction Manager
Date: January 12, 1998
Subject: AGENDA REQUEST 01/20/98
Contract Addition - O'Connor & Taylor, Inc.
Tennis Center - Center Court
Project No. 95-060
Attached is an Agenda Request for City Commission approval of Contract
Addition, Change Order #2, with O'Connor and Taylor, Inc., in the amount of
$38,218.00.
This addition will cover the cost of converting the existing center court from a
hard surface to an underground watering system court similar to the other
existing courts. The work will be completed in time for the upcoming tennis
event in late February.
Funding is available from the General Construction Fund Account #334-4145-
572-63.90.
cc: Dick Hasko
01/20/98 Agenda File
File 95-060 (A)
s~...\9560~agmem120
! i:!i!?!~' TO:';':~:: ¢:'~ DAVID HARDEN, MANAGER, CITY OF DELRAY BEACH
FROM: PAUL FELSBERG, GENERAL MANAGER, DELRAY BEACH TENNIS CENTER
SUBJECT: CAPITAL IMPROVEMENT - "CLAY" COURT ON CENTER COURT
DATE: OCTOBER 8, 1997
I have investigated primarily two different types of underground watering systems for installation of a
clay court on center court of the stadium. They are follows:
1. Hydragrid - This system uses a gravity fed method of underground watering system once the
water is turned on at specific times. Estimated cost by Welch Tennis Courts is $38,870.00 including a
drainage system for the east side of the stadium. Ramping to meet ADA requirements would be ap-
proximately $500.00 extra.
2. Cai-Cap - This system uses an electronic sensor system to turn on the water as needed
when the water is turned on.at specific time or times. Estimated cost by Cai-Cap is $38,000.00, plus
approximately $2,500.00 for the drainage on the east side of the stadium. Ramping is included in the
estimated, cost.
Recd/mmendation: I would recommend installing the Cai-Cap system on a sole source provider basis
due to'the very similar pricing estimates and that we currently have 14 Cai-Cap courts and are familiar
with this system.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. ~ PROJECT NO. 95-060 DATE: January_ 20. 1
PROJECT TITLE: City. Hall Envelo.De Pro_iect
TO CONTRACTOR: O'Connor and Taylor. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide all labor, material and equi.Dment necessary_ for the construction of the Tennis
Center. center court conversion to clay. as per _r)lans and s_oecifications.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1.923.399.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 191.783.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2.115.182.00
COSTOF CONSTRUCTION CHANGES THIS ORDER $ 38.218.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2.153.400.00
PER CENT INCREASE THIS CHANGE ORDER 1,20 %
TOTAL PER CENT INCREASE TO DATE 11,96 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE _0._ CALENDAR DAYS TO 2/15/98
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the pdces quoted are fair and reasonable and in
proper ratio to the cost of the odginal work contracted for under benefit of
competitive bidding.
CONTRACTOR SIGNATURE (ARCHITECT)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4145-572-63.90.
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
s:\...\9560~co2
co AGREEMENT
~ CALI(~O COI. JI~T~
THIS AGREEMENT is effective the twenty-fifth day of November 1997 by and between John J. McCann,
c, Sr. and Calico Racquet Courts, Inc. (hereinafter referred to as Calico), a North Carolina corporation having a
principal place of business at 5095 Arendell Street, Morehead City, North Carolina 28557; and O'Connor
and Taylor, Inc. (hereinafter referred to as Client), a Florida corporation having a principal place of business
at 3892 Prospect Ave., #7, West Palm Beach, FL 33404.
c5 Whereas Calico is the owner of improvement and technical information pertaining to subsurface
cu watering systems for tennis courts, and is the owner of the trademark CAL-CAP for its watering system
cfi and for tennis courts equipped therewith (hereinafter respectively referred to as the CAL-CAP system
and CAL-CAP courts); and
ua Whereas Client is a contractor and desires to have constructed one (1) CAL-CAP tennis court for and upon
cu the premises of Delray Beach Tennis Center, 201 West Atlantic Ave, Delray Beach, Florida 33444
(hereinafter referred to as Delray).
Now, therefore, in consideration of the premises, the parties do hereby agree as follows:
iD
.~ 1. Calico shall and does hereby grant Client the right and license to have constructed one (1) CAL-CAP
iD
c~'- court for and upon the premises of Delray.
c~ ~. 2. Client shall pay Calico a total sum of Thirty-eight thousand two hundred eighteen dollars
_ _($38,218..00)including royalties. Payment is due and payable upon submittal of an invoice at
-~-~ completio-n of work.
< 3. The CAL-CAP trademark shall be displayed upon the control box of each licensed CAL-CAP
system and tennis court constructed. Client shall not acquire or have any ownership or similar interest
ua in the CAL-CAP trademark, which is and shall remain the exclusive property of John J. McCann. Sr.
4. Client shall maintain in confidence, and shall not without Calico's written consent disclose to others
or use any information, not of general public knowledge and received by Client from Calico, relating
to the design, construction, operation, and/or maintenance of the CAL-CAP system and tennis courts;
and Client shall indemnify Calico against any loss or damage incurred by Calico as a result of
violation of this obligation by any employee, agent or affiliate of Client.
cr 5. Nothing in this Agreement shall be construed as establishing an employee/employer, agency, joint
~ venture or similar relationship between Calicb and Client.
6. This Agreement shall be governed by and construed in accordance with the laws of the state of North
Carolina.
CAL.CAP'
7. Client agrees to pay all invoices promptly and fully when issued. If for any reason there is a balance
due, an additional 1 ~A% per month (18% per annum) finance charge will be added to any unpaid
balance for each and every month thereafter until the balance is paid in full. If the balance remains
unpaid ninety (90) days after billing and the Client's account is turned over to an attorney for
collection, the Client agrees to pay attorney's fees, all legal fees/court costs expended in enforcing
payment. Calico considers the invoice due and payable upon issuance.
8. Upon failure of the Client to fulfill the terms as set forth above, the aforesaid guarantee and
Agreement shall be null and void; Courts are considered accepted upon inspection and/or play
commences. Use of courts constitutes acceptance and shall not be used until final payment is
received by Calico. Abuse of accepted courts is not the responsibility of'Calico; correction of'the
abuse is subject to an Addendum to this Agreement.
9. This writing is the sole Agreement existing between the parties hereto and shall be amended only in
writing and only after acceptance by both parties. Any additional materials or work as may be
encountered will be subject to an Addendum to this Agreement.
IN WITNESS WHE. REOF, the parties have caused this Agreement to be executed by their duly authorized
officers, effective as the date hereinbefore first written.
O'Connor and Taylor, Inc. Calico Racquet Courts, Inc.
By:
Joe Taylor, Its President J~l~ne H. McCann, Its President
Date:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 20, 1998
CLOSE-OUT CHANGE ORDER #4 AND FINAL PAYMENT/GOLDEN
EAGLE ENGINEERING CONTRACTORS (EAST ATLANTIC AVENUE
BEAUTIFICATION PROJECT)
DATE: JANUARY 14, 1998
This is before the Commission to consider approval of close-out
Change Order #4 in the net add amount of $18,575.18 plus an
additional 54 calendar days to the contract time. This includes
estimated final contract plus/minus as-built quantity adjustments
and utility adjustments and relocations. It also includes
additional contract calendar days for the preceding scope, rain
days, City event/holiday delays and delays in the FP&L cibvcrsuib~°6c~'°~
if the overhead power to underground. The items and amounts are
listed on Schedule "A" of Change Order #4; time extensions are
listed on Schedule "B".
A request is also made for final payment in the amount of
$80,205.52 to Golden Eagle after the completion of the landscape
maintenance item (alternate #1 of the contract) on February 13,
1998.
Funding will be as follows: $17,159.12 from 334-3162-541-61.17
(Street Reconstruction); $31,310.40 from 442-5178-536-63.90
(Other Improvements); $6,645.00 from 448-5411-538-63.39 (Atlantic
Avenue Drainage); and $25,091.00 from 334-4141-572-61.73 (East
Atlantic Avenue/Intracoastal to Ocean).
Recommend approval of close-out Change Order #4 and final payment
to Golden Eagle Engineering Contractors on the East Atlantic
Avenue beautification project.
ref:agmemo6
Agenda Item No. ~
AGENDA REQUEST
Date: January 15, 1998
Request to be placed on:
X Regular Agenda
Special Agenda
__Workshop Agenda When: January 20, 1998
Description of item (who, what, where, how much): Change Order #4, Final to
Golden Eagle Engineering Contractors on the East Atlantic Avenue
Beautification Project (93-68).
The scope of work includes estimated final Contract plus/minus as-built
quantity adjustments and utility adjustments/relocations. It also includes
additional Contract Calendar days for the preceding scope, rain days and City
Events/Holidays and delays in the FPL conversion of the overhead power to
underground. The items and amounts are listed on Schedule ~A" of Change Order
#4; time extension are listed on Schedule ~B".
The total amount of Change Order #4 is a net add amount of $18,575.18; and an
additional 54 calendar days to the Contract time. The ISTEA Grant amount of
the Change Order is a deduct of -$13,160.10; the City's is an add of
$31,735.98 for the net total add of $18,575.18.
Funding is available from 448-5411-538-63.39 (Atlantic Ave Drainage) for
$6,645; and from 334-4141-572-61.73 (E. Atlantic Ave) for $25,091.00. A
budget transfer is attached.
A request is also made for final pa~nnent in the amount of $80,205.52 to Golden
Eagle after the completion of the Landscape Maintenance item (Alt #1 of the
Contract) on February 13, 1998. A Contractor Evaluation form is attached for
ORDINANCE/RESOLUTIONY°ur review. /~ ~
REQUIRED: YES,/,~RAFT ATTACHED YES
Recommendation: Commission approval for Change Order #4 and final payment to
Golden Eagle Engineering C~acto~7
Department head signature: ~/~~,~ j~ '~'~ /~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO
Funding alternatives (i f applicable)
Account No. & Description
Account Balance
~e a~ch~ ~.0 '
City Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Placed on Agenda: . .
Action: 8~a~
Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Divi~~
Date: January 14, 1998
Re: East Atlantic Avenue Beautification - Project 93-68
Change Order #4
Final Closeout Change Order and Time Extension
Attached for Commission approval is an agenda request for Change Order #4,
Final to Golden Eagle Engineering Contractors, Inc. on the above referenced
Project. Change Order #4 encompasses the final Contract plus/minus as-
built quantity adjustments and utility adjustments/relocations. The
quantities and amounts are listed on Schedule "A" attached to the Change
Order.
It also includes additional Contract Calendar Days for the preceding
changes, rain days and City Events and Holidays. Also included is a time
extension to allow for FPL to complete the underground installation and
overhead power line removal. Completion of these facilities was originally
scheduled for the first week of November 1996. Removal of the overhead and
poles on the north side of Atlantic Ave was not actually completed until
January 27, 1997. This delayed completion of the paver brick sidewalk,
thermoplastic striping and final dressing until after that time. The items
are listed on Schedule "B" of Change Order #4 attached.
The total amount of Change Order #4 is a net add amount of $18,575.18. This
represents and add for the City line items of $31,735.98 and a deduct for
the ISTEA line items of -13,160.10 (see Schedule A attached).
The Change Order also includes fifty four (54) Calendar Days added to the
Contract time. These days are in addition to the 105 Calendar days
previously approved per Change Order #1-3. Adjusted completion dates are
February 13, 1997 for Substantial and March 15, 1997 (30 days after
substantial) for Final Completion for all improvements in the Original
Contract except for Alternate #1, Landscaping Maintenance. The actual
acceptance date by the City for the Original Contract was March 25, 1997.
The contractor is being charged ten (10) days of liquidated damages of
$1924.00/day for the period between March 15 - 25.
Alternate #1, Landscape Maintenance time started on February 13, 1997 and
will be completed on February 12, 1998. Final acceptance of the Project by
the City of Delray Beach will be February 13, 1998.
Change Order #4 breakdown for the City Portion / ISTEA portion for amounts
/ days is as follows:
Amount Calendar Days
City Funded $ 31,735.98 54
ISTEA Funded $-13,160.10 0
Total $ 18,575.88 54
The Final Funding for the Construction is as follows:
Amount Calendar Days
City Funded $ 930,206.67 117
ISTEA Funded $1,157,707.35 42
Total $2,087,914.02 159
Total reimbursable from the ISTEA Grant for Construction and Construction
Administration is as follows:
Amount
Construction $1,157,707.35
Administration $ 67,789.16
Total $1,225,496.51
A request is also made to make final payment in the amount of $80,205.52 to
Golden Eagle Engineering Contractors upon completion of the Landscaping
Maintenance period on February 13, 1998. A final reimbursement request will
be made for the ISTEA grant upon approval of this Change Order. A Contractor
Evaluation is also attached for your review.
Funding is available from 448-5411-538-63.39 (Atlantic Ave Drainage) for
$6,645; and from 334-4141-572-61.73 (E. Atlantic Ave ) for $25,091.00.
Budget transfers are attached.
File: Memo to City Manager
9368A
:co4memo
CITY OF DELRAY BEACH
CHANGE OP~DER TO ORIGINAL CONTRACT
CHANGE ORDER #4, Final PROJECT NO. 93-68 DATE:
PROJECT TITLE: East Atlantic Avenue Beautification
TO CONTRACTOR: Golden Eagle Engineering Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Quantity Adjust~nents / Revisions per Schedule ~A" attached.
SUMMA/~Y OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,791,563.65
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 277,774.49
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,069,338.14
COST OF CONSTRUCTION CHANGES THIS ORDER $ 18,575.18
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,087,914.02
PER CENT INCREASE THIS CHANGE ORDER 1.0 %
TOTAL PER CENT INCREASE TO DATE 16.5 %
Additional 54 calendar days are added by this change order.
Adjusted completion dates are:
Substantial (Original Contract):February 13, 1997
Final (Original Contract): March 15 1997
Final Completion (Original Contract, Alt #1) February 13, 1998
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. (Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source 448-5411-538-63.39 (Atlantic Ave Drainage) for
$6,645.00; and from 334-4141-572-61.73 (E. Atlantic Ave) for
$25,091.00.
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By
for Environmental Services Jay Alperin, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
8888
8:8. 8'8~.~.8888888888~8818~ 88,88888~8~~
LU
~ O
0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM # ~-REGULAR MEETING OF JANUARY 20, 1998
RESOLUTION NO. 10-98 (ADDING CITIZEN-AT-LARGE
REPRESENTATIVE TO PARKING MANAGEMENT ADVISORY BOARD)
DATE: JANUARY 16, 1998
At the workshop on January 13th, Commissioner Randolph mentioned
that he had been contacted about the desirability of having a
citizen-at-large representative included in the membership of the
Parking Management Advisory Board. It was the consensus of the
Commission to amend the establishing resolution (#88-97) to
provide for a citizen representative.
Resolution No. 10-98 is presented for the Commission's
consideration. It adds the citizen-at-large, increasing the
number of members from seven to eight. In addition, the initial
appointments are for one and two year terms. Since the
citizen-at-large is the newest category, it has been included with
the one year appointments so the terms will be evenly staggered.
Recommend approval of Resolution No. 10-98.
ref:agmemol0
RESOLUTION NO. 10-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT
ADVISORY BOARD, BY AMENDING SECTION 3 PERTAINING TO
MEMBERSHIP COMPOSITION TO INCLUDE A
CITIZEN-AT-LARGE REPRESENTATIVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on December 9, 1997, the City Commission adopted
Resolution No. 88-97 establishing the Parking Management Team as an
advisory board to the City Commission; and
WHEREAS, Section 3 of said Resolution No. 88-97 sets forth
the membership composition of the Parking Management Advisory Board;
and
WHEREAS, the City Commission finds it to be in the best
interests of the City of Delray Beach that the membership composition
of the Parking Management Advisory Board be amended to include a
citizen-at-large representative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 3 of Resolution No. 88-97 is
hereby amended to read as follows:
That the Parking Management Advisory Board shall be
composed of ~/~Y eiqht (8) regular members, with representation
as follows:
(a) A representative from the Community RedeveloPment
Agency;
(b) A representative from the Downtown Development
Authority;
(c) A representative from the Planning and Zoning Board;
(d) A business owner/operator representing the Old School
Square Historic Arts District;
(e) A business owner/operator representing the Atlantic
Avenue corridor between Swinton Avenue and Interstate
95;
(f) A business owner/operator representing the Atlantic
Avenue corridor between Swinton Avenue and the
Intracoastal Waterway;
(g) A business owner/operator representing the Atlantic
Avenue and State Road A1A corridors lying east of the
Intracoastal Waterway; and
(h) A citizen-at-large representative.
The Community Redevelopment Agency, the Downtown Development
Authority and the Planning and Zoning Board shall recommend
appointees, with the City Commission having the authority to approve
and ratify all recommendations for me~ership. The balance of the
Parking Management Advisory Board me~ership shall be appointed
directly by the City Commission.
The me~ers of the Parking Management Advisory Board shall serve for
terms of two (2) years, except that the me~ers of the first board to
serve shall be appointed so that ~/~y four (4) me~ers shall
serve one (1) year terms and four (4) me~ers shall serve two (2)
year terms. It is further provided that no me~er may serve more
than two successive terms on the Parking Management Advisory Board.
Section 2. That this resolution shall become effective
immediately upon passage.
PASSED AND ~OPTED in regular session on this the 20th day
of January, 1998.
ATTEST:
' /C~¥~Ci~r~
- 2 - Res. No. 10-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSION
FROM: CITY MJ2dq'AGER~
SUBJECT: APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD
DATE: JANUARY 15, 1998
The Parking Management Advisory Board was established by Resolution No.
88-97 on December 9, 1997. The purpose of the Board is to advise and
provide recommendations to the City Commission regarding parking
management policy and related issues including, but not limited to, the
planning, financing, development, construction and operation of parking
facilities in accordance with the provisions as stated in the
Resolution.
Assuming Resolution #10-98 is approved, the Board shall be composed of
eight (8) members with the representation as follows including those
persons who have been selected or have applied:
(a) A representative from the Community Redevelopment
Agency:
Wo Howard Ellingsworth
(1 year term, beginning February 1, 1998
and ending January 31, 1999)
(b) A representative from the Downtown Development
Authority:
Meg Eaton
(1 year term, beginning February 1, 1998
and ending January 31, 1999)
(c) A representative from the Planning and Zoning Board:
Robin Bird
(1 year term, beginning February 1, 1998
and ending January 31, 1999)
The above representatives, as recommended by the Community
Redevelopment Agency, the Downtown Development Authority, and the
Planning and Zoning Board, are to be ratified by the City Commission.
The following persons have applied for representation from the other
areas and will be appointed according to the rotation order beginning
with Commissioner Schmidt (Seat #1):
(d) A business owner/operator representing the Old School
Square Historic Arts District:
Joe Gillie
Janet Onnen (has also applied under (f)
(2-year term, beginning February 1, 1998 and ending
January 31, 2000)
(e) A business owner/operator representing the Atlantic
Avenue corridor between Swinton Avenue and Interstate
95:
Norma Bannoura
(2-year term, beginning February 1, 1998
and ending January 31, 2000)
(f) A business owner/operator representing the Atlantic
Avenue corridor between Swinton Avenue and the
Intracoastal Waterway;
Bruce Gimmy
Janet Onnen (has also applied under (d)
(2-year term, beginning February 1, 1998 and ending
January 31, 2000)
(g) A business owner/operator representing the Atlantic
Avenue and State Road A1A corridors lying east of the
Intracoastal Waterway:
Monty Helm
Perry DonFrancisco (currently serving on the Board
of Adjustment. However, the
City Attorney advises that a
person may also serve on the
Parking Management Advisory
Board concurrently since it
is advisory in capacity)
(2-year term, beginning February 1, 1998 and
ending January 31, 2000)
(h) A Citizen-at-Large Representative:
Marion Knott McIntyre
Pursuant to Commission direction, a check for possible code
violations/liens was conducted. None were found.
Mrs. Ruby suggested that the board appointments commence with Seat #1,
Commissioner Schmidt, since these are initial appointments.
The suggested appointment order is as follows:
Commissioner Schmidt (Seat #1): A business owner/operator
representing the Old School
Square Historic Arts District
Commissioner Egan (Seat #2): A business owner/operator
representing the Atlantic
Avenue corridor between
Swinton Avenue and Interstate 95
Commissioner Ellingsworth (Seat #3): A business owner/operator
representing the Atlantic Avenue
corridor between Swinton Avenue
and the Intracoastal Waterway
Commissioner Randolph (Seat #4): A business owner/operator
representing the Atlantic Avenue
and State Road A1A corridors lying
east of the Intracoastal Waterway
Mayor Alperin (Seat #5): A Citizen-at-Large
The terms will be staggered with the initial appointments being made for
one (1) year terms and for two (2) year terms as per the Resolution.
Recommend ratification of representatives from the Community
Redevelopment Agency, the Downtown Development Authority, and the
Planning and Zoning Board for initial 1-year terms commencing February
1, 1998 and ending January 31, 1999. Recommend appointments a business
owner/operator representing the Old School Square Historic Arts
District; a business owner/operator representing the Atlantic Avenue
corridor between Swinton Avenue and Interstate 95; a business
owner/operator representing the Atlantic Avenue corridor between Swinton
Avenue and the Intracoastal Waterway; and, a business owner/operator
representing the Atlantic Avenue and State Road A1A corridors lying east
of the Intracoastal Waterway to initial 2-year terms, commencing
February 1, 1998 and ending January 31, 2000. Since the
citizen-at-large is the newest membership category, it is recommended
the initial appointment be for a one-year term so the terms will be
evenly staggered.
pmt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lVlg2q'AGER~
SUBJECT: AGENDA ITEM #~L - REGULAR MEETING OF JANUARY 20, 1998
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: JANUARY 15, 1998
The term for JoAnn Peart, regular member (layperson serving in the
capacity of engineer), expired on January 14, 1998. Mrs. Peart
was not interested in being considered for reappointment. The
term is for three years, ending January 14, 2001.
Ail members of the Code Enforcement Board must be residents of the
City. Appointments to both regular and alternate member positions
shall be made on the basis of experience or interest in the fields
of zoning and building control. The membership shall, whenever
possible, include an architect, a businessperson, an engineer, a
general contractor, a subcontractor and a realtor.
At the present time there are no applications on file specifically
for the engineer position. However, the following laypeople have
applied for consideration:
Michael Coston (resides in the north 2 months of the year)
Anthony Veltri (currently serving as an alternate member)
Stanley Watsky (currently serving as an alternate member)
A check for municipal liens and/or code violations was conducted.
None were found.
The appointment will be made by Commissioner Egan (Seat #2).
Recommend appointment of a regular member (engineer position) to
the Code Enforcement Board for a three year term ending January
14, 2001.
ref:agmemol
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 20, 1998
APPOINTMENT TO THE KIDS AND COPS COMMITTEE
DATE: JANUARY 15, 1998
An application has been received from Victoria L. Morgan to serve on
the Kids and Cops Committee in the category of 'Other Representation'
There is an existing vacancy for such representation, with the term
ending October 31, 2000.
The City Manager has suggested that persons applying under the
category of 'Other Representation' be appointed rather than ratified.
Based on the rotation schedule, the appointment will be made by
Commissioner Schmidt (Seat #1).
A check for municipal liens and/or code violations was conducted.
None were found.
Recommend the appointment of a member to the Kids and Cops Committee
in the 'Other Representation' category for a term ending October 31,
2000.
ref:agmemo9
CITY OF DELRA¥
BOARD MEMBER APPLICATION
~0~ ~D~SS (S~ree~, City, Zip Code) (LEG~ ~SIDENC~
~RINC~ BUSINESS ~D~SS (Street, City, Zi~ Code) ~ ,.
"
LIST ALL CITY BOARDS ON WHICH YOU ARE CURi~NTLY SERVING OR ]&AVE PI~=VIOUSLY
SERVED (Please include dates)
LIST AN~ R~LATED PROFESSIONAL CERTIFICATIONS AND LICL~NSES WHIC~ YOU H0~
j -
GIVE ,OUR P~SENT, OR MOST ~CEN, ~LOYE,, ~ POSITION ¢
DESCRI~[ E~ERIENCES, SKILLS OR ~O~GE ~ICH qu~I~ YOU TO S~RV~ ON
0
PLEASE ATTACH A BRIEF RESUlt.
! HER.ZBY CERTIFY THAT ALL THE ABOVE STATEHt2qTS ARE TRUE, AND I AGREE AND
t~TDF-R~TAND T~AT AN~ MISSTAT~TT OF MATER/AL FACTS CONTAINED IN T~IS APPLICA-
TION MAY CAUSE FOILFEITUI~E UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
S IGNATUP~ {\ DATE
4/90
CITY OF I)ELRI:IY BEACH
CiTY ATTORNEY'S OFFICE ,w
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DEL£^Y BEACH MEMORANDUM
Ali. America City DATE: January 14, 1998
lllllJ TO: City Commission
1993 FROM: Susan A. Ruby, City Attorney
SUBJECT: Settlement of Excess Judgment in the Case of Chaflie Brown v. City
The Plaintiff was injured when he and his bicycle were hit by a hit and mn driver on
Lake Ida Road in 1987. As you may recall, a trial was held in 1996. The jury found
that a special duty was created when an employee of the police department promised to
keep the bicycle tire for use in a civil lawsuit. The police department lost the bicycle
tire, which Plaintiff claimed prevented him from disproving the identity of the hit and
mn driver, and thus, kept him from pursuing the otherwise financially responsible party.
The jury reached a verdict of $400,000.00 in the case, with the City responsible for
$300,000.00 and the Plaintiff $100,000.00. The City paid the sovereign immunity cap
of $100,000.00: The Court also entered a judgment in the approximate amount of
$80,000.00 for fees and costs. Interest is running on both judgments. The outstanding
balance on both judgments is over $300,000.00.
We have received a letter indicating that Plaintiff's attorney has retained a Tallahassee
law firm to pursue a claims bill. The Plaintiff has however made an offer to settle the
case for an additional $125,000.00.
I am providing the following information in order to apprise you of the history of the
success of claims bills, so that you can better evaluate the settlement offer. From 1955
through 1996 less than 50% of the claims bills passed except for the years 1955, 1957,
1988, 1991, 1995, and 1996. In 1995, 75% of claims bills passed. In 1996, 80% of
the claims bills passed. In 1997, no claims bills were acted upon because new roles
governing claims bills were being developed. In 1995, the 21 approved claims bills, in
the aggregate were awarded 63% of the amoums claimed. In 1996, the 20 approved
claims bills in the aggregate received 75 % of the dollars asked for. (See attached)
I have analyzed the claims bills for 1996, and it appears that the bills approved were for
direct negligence of the governmental entity and not as in this case, as a result of an
indirect cause of action dealing with lost evidence which hindered a direct claim. We
have checked, and as of this date no claims bill has been filed. The new roles
City Commission
January 14, 1998
Page 2
concerning the processing of claims bills requires the filing of the bill by August 1,
1998, prior to the session, thus, under the new rules the claims bill cannot be considered
during this year's session, unless the Committee on Rules considers the bill an
emergency, or there is a waiver of the rules.
If a claims bill is filed that the City intends to contest, we would be well advised to seek
representation by a Tallahassee law firm who is well acquainted with the process. There
of course would be a cost for retaining outside counsel. Pursuant to Fla. Stat. 768.28,
any amount paid by the City over the sovereign immunity cap of $100,000.00 must be
approved by the legislature. However, it is anticipated that an uncontested claims bill
would not cost the City as much for legal representation because our office would
endeavor to do as much as possible in-house.
You may accept or reject the offer of settlement, or you may reject the offer and make a
counter offer of settlement.
By copy of this memorandum to David Harden, City Manager, our office recommends
that this matter be placed on the January 20, 1998 City Commission agenda.
SAR:ci
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Kent Pratt, Esq.
Frank Babin, Risk Manager
Steve Hanzman, Gallagher Bassett
cbrown3.sar
ANNUAL SUMMARY OF P~LL CLAIM BILL ACTIVITY
IN THE FLORIDA LEGISLATURE SINCE 1955,
Total Number Pem~mage ~f l%r~ntaga of
Y~ar of $~a~'ioo Total Number Totd Dollar of Claimathat T~.al Dollar Chim Bills Eile. d Dollars A~knd
ofO. Jaims lrib:.t Amount Cla/n~d B~:am~ Law Aa~unt Paid that B~--am~ l,~w ~a~ W~r~ Paid
1955 91 $ 480,254 47 $ 233,750 52% ¢9%
1957 68 NVAL 35 NVAL 51% NVAL%
1959 52 198,126 18 75,929 37% 38%
1961 51 345,180 25 83,354 49% 24%
1963 83 853,783 37 64,666 45% 8%
1965 79 927,121 31 193,129 39% 21%
1967 61 1,165,625 30 158,882 49% 14%
1969 119 2,324,588 41 434,275 34% 19%
1970 66 2,84 I, 146 22 488.915 33% 17%
1971 59 2,349,172 16 227,737 27% 10%
1972 57 2,561,080 12 137,911 21%
1973 65 5,3 ! 8, ] 82 21 108,94.3 32% 2%
1974 81 8,618,071 27 1.727,334 33% 20%
i 975 92 15,941,051 14 174,754 15% 1%
1976 98 14,456,652 23 356,419 23% . 2%
1977 60 20,654,799 18 303,480 30% 1%
1978 48 25,071,359 9 347,089 19% 1%
1979 34 19,317.752 3 495,000 9% 2%
1980 35 10,545,417 14 1,303,124 40%1 12%
1981 30 10,116.639 9 1,330,420 30%· 13%
1982 29 6,728,843 4 67,441 14%: 1%
1983 25 6,982,372 8 1.373,509 32%' 20%
1984 30 21,344,591 I 1 6,937,943 37% 33%
1985 27 7,0! 4,757 7 776,931 26%I 11%
1986 25 34,595,614 I 1 2,149,544 44% 6%
1987 24 15,811,117 8 4,394,904 33%. 28%
1988 27 13,895,845 19 5,077,521 70%~ 37%
1989 25 26,534,354 7 3,933,600 25%. 15%
1990 27 15,907,574 10 7,838,013 37% 49%
199 i 27 24,812,666 17 12,017,25 ! 63%'; 48%
1992 21 12,352,300 8 3,930.606 38%' 32%
1993 24 26,534,354 11 3,835,837 46%' 14%
! 994. 29 35,051,753 12 ] 0,436,470 41% 30%
1995 28 30,489,004 21 19,267,194 75% 63%
1996 25 34,046,261 20 25,424,086 80% 75%
01/15/98 THU 15:28 [TX/RX NO 9039]
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM #/~)~- REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 6- 98 (AMENDMENT TO GARBAGE AND TRASH
ORDINANCE)
DATE: JANUARY 15, 1998
This is second reading and a public hearing for Ordinance No. 6-98
which amends Chapter 51, "Garbage and Trash", of the City Code to
provide that bulk trash may be collected on either the first or
second refuse collection day.
BFI has requested an amendment to the franchise agreement to allow
them to collect bulk trash on either of the two collection days
and not solely on the first refuse collection day. In order to
approve this amendment to the franchise agreement, Section 51.23
of the garbage and trash ordinance must also be amended to reflect
this change.
On January 6, 1998, the Commission postponed consideration of the
amendment to the franchise agreement to coincide with second
reading of the amending ordinance. In addition to being the
technically correct procedure, this was done at the urging of a
representative from the Seacrest Homeowners Association who
advised that residents of the Seacrest neighborhood wished to
address the Commission at the public hearing concerning BFI's
collection practices. Ordinance No. 6-98 was passed on first
reading by unanimous vote.
Recommend approval of Ordinance No. 6-98 on second and final
reading. Amendment #4 to the Solid Waste and Recycling Collection
Franchise Agreement is presented as an ancillary item to Ordinance
No. 6-98. Approval is recommended inasmuch as the change will
allow BFI to better utilize its resources and provide better
service to the City's residents.
ref:agmemol9
ORDINANCE NO. 6-98
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
51.23, "BULK TRASH", TO PROVIDE BULK TRASH MAY BE
COLLECTED ON EITHER THE FIRST OR SECOND REFUSE
COLLECTION DAY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to allow the
Contractor the ability to collect bulk trash on either the first or
second refuse collection day of the week in order to provide better
service to the residents of the City.
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
51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 51.23 BULK TRASH.
(A) Bulk trash shall be collected from residences 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 $22.00 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.
(C) Furniture and appliances shall not be placed at
curbside except as herein stated. Upon request, the City may collect
normal household discarded furniture or appliances, including, but
not limited to, sofas, chairs, beds, refrigerators, washers, dryers,
hot water heaters and similar items. Residents, including tenants or
lessees, requesting this service of the City will be given a date
when collection will occur. Items for collection shall be placed at
curbside no earlier than 5:00 p.m. on the day preceding the scheduled
collection.
(D) It shall be unlawful for any person to leave outside
any building in a place accessible to children any appliance,
refrigerator or container with a locking device unless the door
has been removed. This prohibition shall not apply to any
appliance, refrigerator or container at a commercial
establishment which has been placed on or adjacent to the rear of
the building and is crated, strapped or locked to an extent that
it is impossible for a child to obtain access to any airtight
compartment thereof.
Section 2. 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 3. That all ordinances or parts of ordinances in
conflict herewith be, and' the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of January , 1998.
ATTEST:
..... ~- ~it~ Clerk !
First Reading January 6, 1998
Second Reading January 20, 1998
- 2 - Ord. No. 6-98
~ACSD,',ILE 4u7,278-4755 Writer's i)irc~ Linc: (561) 24.t-7091
Alhl~ica City M E M ORA N D U M
1993 TO: City Commissio~ ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. d to thc Solid Waste and Recycling Collection Franchise
Agreement
BFI has requested that the contract provision requiring them to collect bulk trash on thc
first re, se collection day be amended BFI has requested this amendment 10 allow them I0
change the bulk trash collection day kom the first refuse collection day of the week to the
second refuse collection day of the week in ceaain areas of the City. BFI is still required to
pick up bulk lrash once per week, however, this change will allow them to better utilize
their resources and provide better sewice to the City and its residents. This conlract
amendment will only argot residential sewice and any changes in the bulk trash refuse
collection days are subject to approval by thc City Manager.
This change does not affect vegetative collection sec'ice as bulk trash is defined as any non-
vegetative item that cannot be containerized, bagged or bundled.
By copy of this memorandum Io David Harden, City Manager, our o~ce requests that this
amendment to the Solid Waste and Recycling Collection Franchise Agreement be placed on
the Janua~ 6, 1998 City Commission agenda. Please call if you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Hany, City Clerk
Joe Safford, Finance Director
Lula Butler, Director of Community Improvement
¢o]11
AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8. 1996
THIS AMENDMENT NO. 4 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this ~ day of , 199_ by and
between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF
NORTH AMERICA, INC. ("BFI").
WITNESSETH:
WHEREAS, the parties entered into a Franchise Agreement ("Agreement") dated August
8, 1996, to provide for the collection of solid waste and recycling materials within the City; and,
WHEREAS, the parties desire to amend the Agreement to provide that BFI may collect
bulk trash on either one of the two refuse collection days per week, and not solely on the first
refuse collection day of the week.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated August 8, 1996, is hereby amended, by amending Section
6.1.4, to provide that BFI is not required to collect bulk trash solely on the first refuse collection
day for residential collection service. BFI is still required to collect bulk trash once per week.
However, the day selected by BFI, and approved by the City Manager, for residential bulk trash
collection may be on either the residents first or second refuse collection day and not solely the
first refuse collection day. Prior to changing the bulk trash collection day, BFI shall notify the
residents affected by the change, and receive approval from the City Manager or his designee for
the change.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof'. 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.
4. 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 Solid
Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to legal form
and sufficiency:
~,~-~. City Attorney
WITNESSES: BFI WASTE SYSTEMS OF NORTH
AMERICA, INC.
(/'lz~t:]/',t")C~3'~.~,O~i' ~6hn Casagran~]District Vice President
(Name l~rinted o~: typed)
~J~./-- (Corporate Seal)
(Name printed or typed)
blh:on4.-~md
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,~
SUBJECT: AGENDA ITEM ~ /0~- REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 1-98 (SPECIAL ACTIVITIES DISTRICT ZONING
ORDINANCE ) & RESOLUT I ON NO. 6 - 98 (ABANDONMENT OF
DEVELOPMENT OF REGIONAL IMPACT STATUS) FOR WATERFORD
PLACE
DATE: JANUARY 15, 1998
This is second reading and a quasi-judicial public hearing for
Ordinance No. 1-98 which amends the Special Activities District
(SAD) zoning ordinance for Waterford Place by adding any
outstanding conditions from the DRI Development Order in addition
to the development conditions already contained in the SAD.
Also presented for consideration is Resolution No. 6-98 which
authorizes the abandonment of the Development of Regional Impact
(DRI) status for Waterford Place/Delint. It repeals the DRI
Development Order and replaces it with Ordinance No. 1-98 which
constitutes the City's development order for the balance of the
project.
The request for abandonment of the DRI status for Waterford Place
has been reviewed by the Treasure Coast Regional Planning Council
and the Florida Department of Community Affairs. Both agencies
have indicated that they have no objection to the abandonment.
The Planning and Zoning Board considered both the request for
abandonment of the DRI status and an amendment to the SAD
ordinance at a public hearing on December 15, 1997. After
discussion, the Board voted 6 to 0 to recommend that the City
Commission approve both items.
At first reading of Ordinance No. 1-98 on January 6th,
Commissioner Schmidt suggested that the language in paragraph 18
be strengthened to clearly state that the City has the final say
on traffic light installation. This has been done. The ordinance
was passed on first reading by unanimous vote of the Commission.
Recommend approval of Ordinance No. 1-98 on second and final
reading, together with approval of Resolution No. 6-98 abandoning
the Waterford Place/Delint DRI.
ref:agmemo22
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
All&mm'ica City
3 DATE: January 14, 1998
1993
TO: Alison MacGregor Harty, City Clerk
FROM: David N. Tolces, Assistant City Attorney~
SUBJECT: Waterford Place SAD Ordinance - Revised
Pursuam to Commissioner Schmidt's direction, Paragraph 18 of the attached ordinance
was revised. The revision provides a more direct explanation that the City is in control
of determining when a traffic light is necessary.
A copy of this revised ordinance should be attached to the associated resolution
approving the DRI abandonment.
DNT:smk
Attachment
cc: John Walker
watford,dnt
ORDINANCE NO. 1- 9 8
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA RESTATING AND AMENDING
ORDINANCE 64-92, AND ORDINANCE 11-96 WHICH COMPRISE
THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE
FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT (DRI); GENERALLY LOCATED ON THE
SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95
AND LINDELL BOULEVARD; BY INCORPORATING ANY EXISTING
CONDITIONS OF THE WATERFORD PLACE/DELINT DRI INTO THE
SAD ZONING DISTRICT; ESTABLISHING CONDITIONS FOR
FURTHER DEVELOPMENT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on October 9, 1984, the City Commission of the City of Delray Beach, Florida, passed
and adopted Ordinance No. 79-84 which established the Special Activities District (SAD) zoning district on
the Waterford Place/Delint property to allow for development of hotel, office, and multi-family uses on said
property; and
WHEREAS, on May 28, 1985, the City Commission adopted Resolution No. 49-85 approving the
Development of Regional Impact (DRI) Application for the subject property, constituting the DRI
Development Order (DRI-DO) and further setting forth conditions on the development of said property; and
WHEREAS, on December 22, 1987, the City Commission adopted Ordinance No. 96-87 which
amended Ordinance No. 79-84 by deferring construction on certain road improvements, amending the
measurement of project phasing from a square footage basis to a traffic generation basis, and approved the
site plan on the residential portion of the project (Waterford Village); and
WHEREAS, on November 16, 1989, the City Commission adopted Ordinance No. 68-89 which
amended Ordinance No. 79-84 to replace the site specific development plan for the property with a conceptual
development plan; and
WHEREAS, on December 16, 1992, the City Commission adopted Ordinance No. 64-92 which
further amended Ordinance No. 79-84 by replacing a 250 room hotel and 489,587 sq. ft. of office space for
136,000 sq. ft. of commercial/retail (Builders Square); and
WHEREAS, on March 5, 1996, the City Commission adopted Ordinance No. 11-96 which further
amended Ordinance No. 79-84 by replacing the remaining 322,413 sq. ft. of office space for an additional
300 multi-family residential units and a 78 room residence/business hotel, and adding additional conditions of
development; and
WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. 6-98 which
abandoned the DRI stares of the Waterford Place/Delint project, repealing the DRI-DO in its entirety, noting
that it will be replaced by an amended SAD, and any unmet conditions of the DRI-DO shall be incorporated
into the SAD Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That Section 4 of City of Delray Beach Ordinance No. 64-92, as amended by
Ordinance 11-96, be, and the same are hereby amended to read as follows:
That the development of the property described in Section 1 of Ordinance No. 64-92 shall be
in accordance with the following conditions:
1. The site data shown on the MDP shall be up-dated and corrected to reflect the
resulting amount of floor area and acreage and parking accommodated in the entire pro_iect
2. The ~ residential portion shall contain no more than 536 units,
(b) Traffi.:e an~
3:5. That the number to be used for establishing the vested traffic count for external trips
shall be 10,111 trips. ,~..~ .u ..... :.:~ ~n, ne,: ~. r~ ~.c .1, ..... u,~ r~ffi~ Park ~sage s~a!l
Page 2 of 8 Ord. No. 1-98
Lng e 'xxz ' ~'~' ^ .... u~ ~*"~'-~: ..... ;'*~':- '~ xxz"*~ffo'~ SAD/DP.!. The
developer shall submit plans to de.emphasize Lindell Boulevard as a collector road with any site plan
for further development of the Waterford Place project. Such plans shall address, among other
alternatives, the realignment of Lindell Boulevard into the 300 rental apartments and
residence/business hotel component of Waterford Place. Designs to so de-emnhasize traffic use on
Lindell Boulevard may be required through site plan conditions.
5 4-~. The developer recognizes that roadway improvements associated with the traffic
generated from this project are subject to review with each new site plan consideration. Accordingly,
the developer agrees to construct such additional on-site and off-site traffic improvements as may be
required by the City Commission, pursuant to the City's Land Development Regulations, at the time
of site and development plan approval.
Page 3 of 8 Ord. No. 1-98
6-1-5. The developer acknowledges that the east accessway to retail use is a temporary
condition and that if it later becomes necessary to alter it, the existing improvements may need to be
totally redesigned, removed, and reconstructed including the necessity to replat the access tract which
is now being created. Further, the improvements shall comply with geometric and construction
standards of the City for a street, but shall not need to comply with full cross-section requirements i.e.
right-of-way, two sidewalks, swale drainage.
7-1-6. The developer shall provide pedestrian ways to the intersection of S.W. lOth Avenue
and Lindell Boulevard, and to Delray Crossings from the retail use. The requirement of providing
pedestrian ways to Delray Crossings is a requirement of the City, and shall not be considered a
sharing of infrastructure, pursuant to Chapter 380, Florida Statutes.
8-t-8. The developer shall continue the landscape concept which is found along Circuit City
for the length of the Waterford frontage along 1-95.
9 24. That SPRAB consider special, off-site screening to be located within Waterford
Village, or on other portions of the project ~, in order to mitigate inappropriate visual
effects of the retail use facility from the apartment complex.
:-...e~.~i~cat!c:-~. The developer shall provide and maintain a buffer zone of native upland edge
vegetation around wetland and deepwater habitats which are constructed on-site in accorda.ce with the
following provision. The buffer zone may consist of preserved or planted vegetation, but shall
Page 4 of 8 Ord. No. 1-98
include canopy, understory and ground cover of native species only. The edge habitat shall begin at
tile upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 square
feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be
located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10
feet of upland habitat.
11 2-3. Modifications to the existing SFWMD permit shall be received and reviewed to insure
compatibility with the approved site plan prior to issuance of building permits. If inconsistencies
arise, modifications shall be approved through the site plan modification process with action by
SPRAB when Board action is required.
1224. Conflicts among the site and development plans (site plan, landscape plans,
engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity
sewer system shall be resolved in favor of the landscape plans and site plan.
13 26. The developer shall extend the pedestrian path in the residential area from that area
into, and through, the balance of the project offiee-par~ in accordance with the standards of the City
Engineer.
anticipated
Page 5 of 8 Ord. No. 1-98
Frcgrmm ........
14. The developer shall es~blish a vege~ted and ~nctioml li~or~ zone as p~t of ~e surface
water m~gement system ~d draimge carols ~cu~g on ~e pro~. ~ior to co~tmction of ~e
surhce water m~gement system for any phase of ~e project, ~e developer shall prepare a design
and m~gement plan for ~e wetland/Ii,oral zone ~at will be developed as pa~ of ~at system. ~e
pl~ shall: 1) include ~pical cross ~ctio~ of ~e surhce water management system showing ~e
average water elevation and ~e -3 f~t contour (i.e. ~low average elevation): 2) sp~i~ how
vegetation is to ~ established wi~in ~is zone. ~chd~g ~e extent, me~. ~ and timing of ~
planting to ~ provided: and 3~ provide a description of a~v mgement pr~edures to be followed in
order to ~sure ~e continued viabili~ ~d heal~ of ~e li~or~ zone. ~e liRoral zone as established
~hall co~ist entkely of retire vegetation and shall ~ maintained ~ently ~ p~t of ~e water
management system. As a minimum. 10 squ~e feet of vegetated li~or~ zone per l~ear foot of lake
shoreline shall ~ established ~ p~ of ~e surhce water m~gement system. ~e plan shall ~
mbject to approval by ~e Ci~ of Dekay Beach ~d Sou~ Florida Water M~gement Dis~ict prior
to ~gimng ~y excavation activin. ~e plan shall ~ ~plemented ~d work ~cted no later ~an
18 mon~ a~er ~e l~es ~e excavated.
1~. ~e pr~ mur~ of ~igation water shall be ~e suffa~ water ~agement sysmm
of l~e~. In no case shall i~igation water ~ deriv~ ~om mufficipal potable water sources.
Page 6 of 8 Ord. No. 1-98
16. At least 30 percent of the landscaped areas on-site, excluding rights-of-way, building
courty, ard areas and planting boxes which abut buildings shall be cornprised of native vegetation. The
location of vegetation areas shall be such that the watering and fertilization of non-native areas does
not inhibit the management of the native vegetation areas in a healthy state. Fifty_ percent of the trees
[I~cl in landsca.ning shall be native trees adapted to soil conditions Oil-site,
17. The developer shall contribute an $47.41 per vehicular trip. which equates to $134.834
($47.41 X 2.844 trips) to be paid to the City_ of Delray Beach at the time of issuance of building
permits for the 300 unit residential development. The funds shall be placed into a Roadway Trust
Fund bv the Ci.ty. and transmitted to Palm Beach Coun_ty upon establishment by the Coun_ty of a
special purpose impact fee for the creation of additional interchange capacity_ for Interstate 95 within
the project's area of impact. Should Palm Beach County. decide not to establish such an impact fee,
the funds shall be used by the City. for roadway improvements within the impact area,
18. The developer shall submit, on an annual basis, an analysis of the intersection of S.W.
lOth Avenue/Lindell Boulevard until the project is completed. Based on the intersection analysis and
any other necessa~_ information, the City_ shall determine if a traffic signal at the intersection is
warranted. If and when the intersection analyses show that a traffic signal is warranted, the signal
shall be installed by the developer within three months of a directive by the Ci.ty of Delray Beach, If
the signal is not installed based on these analyses, then prior to issuance of the last Certificate of
Occupancy for the residence/business hotel and the 300 rental apartments, the traffic signal shall be
bonded by the developer. One year after issuance of the last Certificate of Occupancy. an intersection
analysis shall bi: submitted by the developer. If the City. determines that a traffic signal is warranted.
the bond will be utilized to install the traffic signal. If the traffic signal is not warranted, the bond
will be returned to the developer.
19, An intersection analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and
capacity, determination for S.W. 10th Avenue shall be submitted with each site plan for further
development in Waterford Place. Based upon such analyses and when so determined by the City.. the
developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Avenue
between Linton Boulevard and Lindell Boulevard.
20. Certificate of Occupancy shall be issued for the hotel prior to issuance of a final
certificate of occupancy for the apartment complex.
21. Development of the hotel and 300 unit apartment complex shall be consistent with the
Master Development Plan (MDP), and a full site plan application shall be submitted and reviewed by
the Site Plan Review and Appearance Board which includes addressing the following Items:
(a) The handicap accessibility shall be provided in compliance with ADA requirements;
Page 7 of 8 Ord. No. 1-98
(b) The issues with regard to parking (i.e. parking reduction, tandem parking, and backout
parking) shall be addressed with the full site plan submittal for the apartment complex;
(c) Additional pedestrian ways shall be required on each side of the spine road, between the
cul-de-sac (northeast comer), around the lake and to the recreational parcels;
(d) Tot lot locations as well as the type of playground equipment must be provided on the
plans.
~. That development shall be consistent with the Master Development Plan, and that a
full site plan application be submitted and reviewed by the Site Plan Review and Appearance Board for all
future development.
~. That all ordinances or parts of ordinances herewith be, and the same are hereby
repealed.
~. 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 to be
declared invalid.
Section 5. That this ordinance shall become effective upon the effective date of the resolution
authorizing the abandonment of the Waterford/Delint DRI.
PASSED AND ADOPTED in regular session on second and final reading on this 20th day of
January, 1998.
ATTEST:
City Clerk - -
First Reading January 6, 1998
Second Reading January 20, 1998
S:\adv\wtfd24
Page 8 of 8 Ord. No. 1-98
Writer's D~re, c! L~: (56i) 243-7090
pE, L..AY. ~,EAoC.H'
Ali. America City MEMORANDUM
1993
TO: Alison MacGregor Harty, City Clerk
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Waterford Place DRI Abandonment Resolution
Attached is a copy of the resolution abandoning the Waterford Place DRI. The SAD
ordinance scheduled for second reading is an exhibit to the resolution. Please call if you
have any questions.
DNT:smk
Attachment
cc: John Walker
RESOLUTION NO. 6-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE
ABANDONMENT OF THE WATERFORD PLACE/DELINT
DEVELOPMENT OF REGIONAL IMPACT (DRI); MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING
THE ABANDONMENT OF THE WATERFORD PLACE/DELINT
DRI, AND CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN
COMPLIANCE WITH LAW; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, at the meeting of May 28, 1985, the City Commission of the City of Delray
Beach, Florida adopted Resolution No. 49-85, making findings of fact and determination
conclusions of law pertaining to the Delint Center (now known as Waterford Place), a
Development of Regional Impact (DRI), and constituting said Resolution No. 49-85 as a
Development Order (DO) by the City of Delray Beach; and
WHEREAS, Resolution No. 49-85 has been subsequently modified by Ordinance No. 96-
87, adopted December 22, 1987, and by Resolution No. 80-89, adopted October 24, 1989, and
by Resolution No. 132-92, adopted December 16, 1992, and by Resolution No. 10-95, adopted
February 21, 1995, and by Resolution No. 60-95, adopted September 5, 1995, and by Resolution
No. 37-96, adopted May 7, 1996; and
WHEREAS, the developer submitted a request for abandonment of the Development of
Regional Impact for Waterford Place; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency for the City of
Delray Beach, considered the request at a public hearing held December 15, 1997, and voted to
recommend to the City Commission that the abandonment be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That, after consideration of the requirements of Rule 9J-2.0251, F.A.C. and
Chapter 380.06, F.S., the City Commission makes the following findings of fact:
1. Eligibility for Abandonment.
An approved DRI which after abandonment will be at or below 80% of any
applicable guideline identified in Rule 28-24 is eligible for abandonment of its DRI
status.
Waterford Place, as originally submitted, was found to be a DRI because it
exceeded the threshold for office development. Since the office component has
been deleted, the project no longer meets the thresholds to be a DRI. These
thresholds, as relates to the components of Waterford, are as follows:
Component Approved DRI Threshold % of Threshold
Residential (units) 536 3,000 17.9
Retail (sf) 136,000 400,000 34.0
Hotel (rooms) 78 350 22.3
For a multi-use project, such as Waterford Place, an additional threshold applies. If
the sum of the percentages of the thresholds for each use is equal to or greater
than 160%, the project is a DRI. The sum of the percentages of the Waterford
Place thresholds is 74.2%. Since 80% of 160% is 128%, the project after
abandonment will also be less than 80% of the multi-use threshold.
2. The developer's reason for seeking abandonment.
In the application, the developer states that, based on reductions in the project
scope, the resulting development no longer meets the thresholds of a DRI. Further,
all of the conditions of approval of the development order (DRI-DO) are either
completed or can easily be assimilated into the local development order (SAD).
3. The types and amounts of development constructed.
a. Infrastructure to serve the entire development, including off-site
improvements, has been completed.
b. Multi-family residential units, and 136,000 square feet of retail have been
constructed. In addition, 300 residential units and a 78 room hotel are in the
approval process.
4. The types and amounts of impacts from the project's existing and proposed
development to any resources, and existing and proposed facilities.
2 RES. NO. 6-98
a. The existing and proposed development will not create adverse impacts on
natural resources, including surface water, ground water, wetlands,
vegetative or animal communities. Performance standards in the Land
Development Regulations (LDR), and in the conditions of the SAD, will
continue to afford resource protection through completion of the project.
b. Impacts to public facilities, including water, sewer and streets have been
mitigated through completion of the conditions of development approval.
Performance standards in the Land Development Regulations (LDR), and in
the conditions of the SAD, will continue to address facility needs through
completion of the project.
5. The extent to which the proposed abandonment will affect areas previously
set aside or identified for preservation or protection.
The areas set aside for preservation or protection are limited to the vegetated and
functional littoral zone created as part of the surface water management system
and drainage canals created as part of the development. These will continue to be
protected by conditions of the SAD and the South Florida Water Management
District permit. Therefore, abandonment of the DRI will have no adverse effect on
preservation and protection.
6. The extent to which the developer has complied with conditions of the
development order which authorize existing development.
The development has fully complied with the conditions of the development order
for construction to date. The SAD will contain conditions for the proposed
development through completion of the project.
7. The extent to which the developer has relied upon benefits granted to
authorize developments of regional impact which would not otherwise be
available after abandonment.
The developer has relied on the benefits granted to authorized DRrs to vest traffic
volumes since the project was initially approved. The SAD also addresses vested
traffic, containing a volume sufficient to complete the approved project. In addition,
the project is vested under local regulations since 25% of the improvements (water,
sewer, streets, etc.) are constructed.
3 RES. NO. 6-98
8. The extent and types of impacts the abandonment will have on the local
comprehensive plan and local government land development regulations.
All impacts of the approved project, through its completion, have been addressed.
Therefore, abandonment of the DRI will produce no impacts on the Comprehensive
Plan and Land Development Regulations.
9. The extent to which the proposed development after abandonment will be
inconsistent with the State Comprehensive Plan, the State Land Development
Plan, or the appropriate Comprehensive Regional Policy Plan.
The Waterford project, through completion, will continue to be consistent with the
above plans after abandonment of the DRI status.
~. That based on the findings of fact, the City Commission makes the following
conclusion of law:
Waterford Place, as currently approved, no longer meets the thresholds of a DRI. The
major infrastructure to serve the entire development, including off-site improvements, has
been completed. The remaining development to complete the project will not create
adverse impacts to natural resources or public facilities, and will not create regional
impacts. Therefore, state and regional oversight of the project is no longer needed and
the DRI status of the project may be abandoned.
Section 3. That Resolution No. 49-85, and subsequent modifications by Resolution No.
80-89, Resolution No. 132-92, Resolution No. 10-95, Resolution No. 60-95, and Resolution No.
37-96, are hereby repealed in their entirety, and the Delint Center/VVaterford Place Development
shall be subject to the conditions contained in the SAD Ordinance for Waterford Place which is
attached hereto as Exhibit "A".
Section 4. That the SAD Ordinance contains conditions which require the developer to
mitigate the impacts of all existing and proposed development, and to satisfy all applicable
conditions of the development order with regard to existing and proposed development.
Section 5. That this resolution shall become effective upon the expiration of the appeals
period established in Chapter 380.07, F.S.
4 RES. NO. 6-98
PASSED AND ADOPTED in regular session on this the _.~ d~998.
ATTEST: V / ~ Y O R
S:~adv\wtfd25
5 RES. NO. 6-98
ARBOR5 r
~FICE
PARK
LAN~
CLUB
CEN~R C~NU~
~ ABANDONMENT OF WATERFORD/DELINT D.R.I
PLANNING DEPAR~ENT
CI~ OF DELRAY BEACH, FL
DIGIrAZ ~SE ~P S~FEM -- M~ REF: LM174
EXHIBIT "A" to Resolution No. 6-98
ORDINANCE NO. 1- 9 8
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA RESTATING AND AMENDING
ORDINANCE 64-92, AND ORDINANCE 11-96 WHICH COMPRISE
THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE
FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT (DRI); GENERALLY LOCATED ON THE
SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95
AND LINDELL BOULEVARD; BY INCORPORATING ANY EXISTING
CONDITIONS OF THE WATERFORD PLACE/DELINT DRI INTO THE
SAD ZONING DISTRICT; ESTABLISHING CONDITIONS FOR
FURTHER DEVELOPMENT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on October 9, 1984, the City Commission of the City of Delray Beach, Florida, passed
and adopted Ordinance No. 79-84 which established the Special Activities District (SAD) zoning district on
the Waterford Place/Delint property to allow for development of hotel, office, and multi-family uses on said
property; and
WHEREAS, on May 28, 1985, the City Commission adopted Resolution No. 49-85 approving the
Development of Regional Impact (DRI) Application for the subject property, constituting the DRI
Development Order (DRI-DO) and further setting forth conditions on the development of said property; and
WHEREAS, on December 22, 1987, the City Commission adopted Ordinance No. 96-87 which
amended Ordinance No. 79-84 by deferring construction on certain road improvements, amending the
measurement of project phasing from a square footage basis to a traffic generation basis, and approved the
site plan on the residential portion of the project (Waterford Village); and
WHEREAS, on November 16, 1989, the City Commission adopted Ordinance No. 68-89 which
amended Ordinance No. 79-84 to replace the site specific development plan for the property with a conceptual
development plan; and
WHEREAS, on December 16, 1992, the City Commission adopted Ordinance No. 64-92 which
further amended Ordinance No. 79-84 by replacing a 250 room hotel and 489,587 sq. ft. of office space for
136,000 sq. ft. of commercial/retail (Builders Square); and
WHEREAS, on March 5, 1996, the City Commission adopted Ordinance No. 11-96 which further
amended Ordinance No. 79-84 by replacing the remaining 322,413 sq. ft. of office space for an additional
300 multi-family residential units and a 78 room residence/business hotel, and adding additional conditions of
development; and
Page 1 of 8
EXHIBIT "A" to Resolution No. 6-98
WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. 6-98 which
abandoned the DR/status of the Waterford Place/Delint project, repealing the DR/-DO in its entirety, noting
that it will be replaced by an amended SAD, and any unmet conditions of the DR/-DO shall be incorporated
into the SAD Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That Section 4 of City of Delray Beach Ordinance No. 64-92, as amended by
Ordinance 11-96, be, and the same are hereby amended to read as follows:
That the development of the property described in Section 1 of Ordinance No. 64-92 shall be
in accordance with the following conditions:
1. The site data shown on the MDP shall be up-dated and corrected to reflect the
resulting amount of floor area and acreage and parking accommodated in the entire project
2. The deasity-o~-~a~ residential portion shall contain no more than 536 units.
23 ~. That the number to be used for establishing the vested traffic count for external trips
Page 2 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
developer shall s~bmit plans to de-emphasize Lindell Boulevard as a collector road with any site plan
for further development of the Waterford Place project. Such plans shall address, among other
alternatives, the realignment of Lindell Boulevard into the 300 rental apartments and
residence/business hotel component of Waterford Place. Designs to so de-emnhasize traffic use on
Lind¢ll Boulevard may be required through site plan conditions.
Ii-1~.. The developer recognizes that roadway improvements associated with the traffic
generated from this project are subject to review with each new site plan consideration. Accordingly,
the developer agrees to construct such additional on-site and off-site traffic improvements as may be
required by the City Commission, pursuant to the City's Land Development Regulations, at the time
of site and development plan approval.
Page 3 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
6-1-5. The developer acknowledges that the east accessway to retail use is a temporary
condition and that if it later becomes necessary to alter it, the existing improvements may need to be
totally redesigned, removed, and reconstructed including the necessity to replat the access tract which
is now being created. Further, the improvements shall comply with geometric and construction
standards of the City for a street, but shall not need to comply with full cross-section requirements i.e.
right-of-way, two sidewalks, swale drainage.
1-14. The developer shall provide pedestrian ways to the intersection of S.W. 10th Avenue
and Lindell Boulevard, and to Delray Crossings from the retail use. The requirement of providing
pedestrian ways to Delray Crossings is a requirement of the City, and shall not be considered a
sharing of infrastructure, pursuant to Chapter 380, Florida Statutes.
8-1-8. The developer shall continue the landscape concept which is found along Circuit City
for the length of the Waterford frontage along 1-95.
9 gl-. That SPRAB consider special, off-site screening to be located within Waterford
Village, or on other portions of the project ~, in order to mitigate inappropriate visual
effects of the retail use facility from the apartment complex.
m~i5catiarz. ~e develo~r shall provide and maintain a buffer zone of mtive upland edge
vegetation ~ound wetl~d ~d deepwater habimm which ~e co~c~ on-site ~ accordan~ wi~ ~e
following provision. ~e buffer zone may co~ist of prese~ed or plated vegetation, but shall
Page 4 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
include canopy, understory and ground cover of native species only. The edge habitat shall begin at
the upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 square
feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be
located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10
feet of upland habitat.
11 2-3. Modifications to the existing SFWMD permit shall be received and reviewed to insure
compatibility with the approved site plan prior to issuance of building permits. If inconsistencies
arise, modifications shall be approved through the site plan modification process with action by
SPRAB when Board action is required.
1294. Conflicts among the site and development plans (site plan, landscape plans,
engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity
sewer system shall be resolved in favor of the landscape plans and site plan.
13 2-6. The developer shall extend the pedestrian path in the residential area from that area
into, and through, the balance of the project ~ in accordance with the standards of the City
Engineer.
Page 5 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
14. The developer shall establish a vegetated and functional littoral zone as part of the surface
water management system and drainage canals occurring on the property_. Prior tO ~onstmction of the
surface water management system for any phase of the project, the develo_r~r shall prepare a desi~t~n
and management plan for the wetland/littoral zone that will be developed as part of that system. The
plan shall: 1~ include .typical cross sections of the surface water management system showing the
average water elevation and the -3 foot contour {i.e. below average elevation): 2) specify_ how
vegetation is to be established within this zone. including the extent, method..typ, e and timing of any
planting to be provided: and 3~ provide a description of any management procedures to be followed in
order to assure the continued viability, and health of the littoral zone. The littoral zone as established
shall consist entirely of native vegetation and shall be maintained permanently as part of the water
management system. As a minimum. 10 square feet of vegetated littoral zone per linear foot of lake
shoreline shall be established as part of the surface water management system. The plan shall be,
sub_iect to approval by the City. of Delray Beach and South Florida Water Management District prior
to beginning any excavation activity_. The plan shall be imnlemented and work inspected no later than
18 months after the lakes are excavated.
15. The primary_ source of irrigation water shall be the surface water management system
of lakes. In no case shall irrigation water be derived from municipal potable water sources.
Page 6 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
16. At least 30 percent of the landscaped areas on-site, excluding rights-of-way, building
courty_ ard areas and planting boxes which abut buildings shall be comprised of native vegetation. The
location of vegetation areas shall be such that the watering and fertilization of non-native areas does
not inhibit the management of the native vegetation areas in a healthy state. Fifty_ percent of the trees
used in landscaping shall be native trees ailapted to soil conditions on-site.
17. The developer shall contribute an $47.41 ~r vehicular trip. which equates to $134.834
($47.41 X 2.844 trips) to be paid to the City_ of Delray Beach at the time of issuance of building
permits for the 300 unit residential development. The funds shall be placed into a Roadway Trust
Fund by the City_. and transmitted to Palm Beach County upon establishment by the County of a
special purpose impact fee for the creation of additional interchange capacity_ for Interstate 95 within
the pro_iect's area of impact. Should Palm Beach County decide not to establish such an impact fee.
the funds shall be used by the City for roadway improvements within the impact area.
18. The developer shall submit, on an annual basis, an analysis of the intersection of S.W.
10th Avenue/Lindell Boulevard until the project is completed. Based on the intersection analysis and
any other necessary_ information, the City shall determine if a traffic signal at the intersection is
warranted. If and when the intersection analyses show that a traffic signal is wan'anted, the signal
shall be installed by the developer within three months of a directive by the City of Delray Beach. If
the si_final is not installed based on these analyses, then prior to issuance of the last Certificate of
Occupancy for the residence/business hotel and the 300 rental apartments, the traffic signal shall be
bonded by the developer. One year after issuance of the last Certificate of Occupancy. an intersection
analysis shall be submitted by the developer. If the City determines that a traffic signal is warranted.
the bond will be utilized to install the traffic signal. If the traffic signal is not warranted, the bond
will be returned to the developer.
19. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and
capaci_ty determination for S.W. 10th Avenue shall be submitted with each site plan for further
development in Waterford Place. Based upon such analyses and when so determined by the City_. the
develo.~ shall improve the intersection and shall complete the four-lane section of S.W. 10th Avenue
between Linton Boulevard and Lindell Boulevard.
20. Certificate of Occupancy shall be issued for the hotel prior to issuance of a final
certificate of occupancy for the apartment complex.
21. Development of the hotel and 300 unit apartment complex shall be consistent with the
Master Development Plan (MDP), and a full site plan application shall be submitted and reviewed by
the Site Plan Review and Appearance Board which includes addressing the following Items:
(a) The handicap accessibility shall be provided in compliance with ADA requirements;
Page 7 of $ Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
(b) The issues with regard to parking (i.e. parking reduction, tandem parking, and backout
parking) shall be addressed with the full site plan submittal for the apartment complex;
(c) Additional pedestrian ways shall be required on each side of the spine road, between the
cul-de-sac (northeast comer), around the lake and to the recreational parcels;
(d) Tot lot locations as well as the type of playground equipment must be provided on the
plans.
~. That development shall be consistent with the Master Development Plan, and that a
full site plan application be submitted and reviewed by the Site Plan Review and Appearance Board for all
future development.
Section 3. That all ordinances or parts of ordinances herewith be, and the same are hereby
repealed.
~. 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 to be
declared invalid.
~. That this ordinance shall become effective upon the effective date of the resolution
authorizing the abandonment of the Waterford/Delint DRI.
PASSED AND ADOPTED in regular session on second and f'mal reading on this 20th day of
January, 1998.
ATTEST:
City Clerk - -
First Reading January 6, 1998
Second Reading January 20, 1998
S:\adv\wtfd24
Page 8 of 8 Ord. No. 1-98
MEETING OF: DECEMBER 15, ~1997
AGENDA ITEM: V.B. RECOMMENDATION TO THE CITY COMMISSION TO
DETERMINE WHETHER A REQUEST TO ABANDON THE DRI
STATUS OF WATERFORD PLACE SHOULD BE GRANTED,
GRANTED WITH CONDITIONS, OR DENIED.
V.B.1. RECOMMENDATION TO THE CITY COMMISSION TO
AMEND THE SAD ORDINANCE FOR WATERFORD PLACE.
The items before the Board are:
1. Determining whether a request to abandon the Development of Regional Impact
(DRI) status of Waterford Place should be granted, granted with conditions, or
denied.
2. Amending the Special Activities District (SAD) zoning, adding any outstanding
conditions from the DRI-DO, in addition to the development conditions already
contained in the SAD.
I' II Illll III I Illlll III II II II Illllll II Illllll II III II !
On October 21, 1997 an application was received for abandonment of the DRI status of
the Waterford Place project. Such applications are processed pursuant to state rules
(9J-2 F.A.C.) as well as City regulations. Copies of the application were submitted by
the developer to the Treasure Coast Regional Planning Council and the Florida
Department of Community Affairs. At its meeting of November 4, 1997, the City
Commission set a schedule for public hearings to consider the application.
Abandonment of the DRI status is requested as the currently approved project does not
meet the thresholds to require regional review as a DRI. Such abandonment will not
reduce the City's control over development of the project. A brief history of the project
illustrates the changes made since its initial approval.
V.B. & V.B.1.
P&Z Board Memorandum Staff Report
Waterford Place
Page 2
In 1984/85, the Delint Development of Regional Impact (DRI) and associated rezoning
to Special Activities Distdct (SAD) were processed. The SAD was approved in October,
1984, by Ordinance No. 79-84. The DRI Development Order (DRI-DO) was approved
on May 28, 1985 by Resolution No. 49-85. The approved project consisted of 811,763
square feet of office space, a 250 room hotel, and 236 multi-family residential units.
Pursuant to State regulations, the size of the office component made the project a DRI,
subject to regional and state review.
On-site infrastructure for the office park portion of the project was constructed during
the next two years. Several off-site road improvements required by the DRI-DO were
also constructed dudng this time pedod, including the widening of Linton Blvd. and
Congress Ave.
In December, 1992, the SAD and DRI-DO were modified to delete the hotel and reduce
the amount of office space, replacing them with 136,000 square feet of general retail
(Builders Square). These action were taken via Ord. No. 64-92 and Resolution No.
132-92 respectively. The project was approved for 322,413 square feet of office space,
136,000 square feet of general retail (Builders Square), and 236 multi-family residential
units.
The project build-out date was cladfied to be June 30, 1996 via Resolution No. 10-95,
which was approved in February, 1995. In September, 1995, the build-oUt date was
further extended, via Resolution No. 60-95, to November 30, 1997.
In May, 1996, the SAD and DRI-DO were modified to delete the remaining office space,
replacing it with 300 residential units and a 78 room hotel. These actions were taken
via Ord. No. 11-96 and Resolution No. 37-96. The project is now approved for 136,000
square feet of general retail (Builders Square), 536 multi-family residential units, and a
78 room hotel.
As of December, 1997, the following is the status of the various project components:
· 136,000 square feet of general retail have been completed.
· 236 multi-family residential units have been completed.
· 300 multi-family residential units have received site plan approval, and received a
recommendation for plat approval from the Planning and Zoning Board.
· A 78 room hotel is approved as part of the Conceptual Master Plan, and has
received a recommendation for plat approval from the Planning and Zoning Board,
but still requires approval of the detailed site plan.
~:~:~~~~~i!i~:~:~:~:~::~!~i~i~:::~;~:` ~ ''~' ~':~:::::'::':'~' "' ~::~': ~'"'+'~'~'~:'~::'"~'~Y~: ::~"~ ~'~'~ '~'; ' :'~ ~ ' : ; :'::::' ::' ' '" :: '!'~:~:~ '"' "::" "~ '":':: ~' ":::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
I IIIIII I II I II I .....I I ......... I ~ I ................ ~ ..... I .... IIIII ................. I ...................... II --~
The process for addressing the request to abandon the DRI status will include the
following:
P&Z Board Memorandum Staff Report
Waterford Place
Page 3
· Consideration of a resolution to grant the abandonment request. If the
determination is affirmative, the resolution will repeal the DRI development order
(DRI-DO) in its entirety, and note that it is replaced by the Special Activities Distdct
Ordinance (SAD).
An amendment to the SAD, adding any outstanding conditions from the DRI-DO, in
addition to the development conditions already contained in the SAD. These
outstanding conditions include:
- Establishing a vegetated littoral zone and buffer from stormwater
management lakes and canals.
- Using native plants for at least 30% of landscaping.
- Utilizing surface water as the primary soume of irrigation.
- Contributing to a roadway trust fund.
- Traffic analyses and improvements related to the intersection of SW 10th
Avenue/Lindell Boulevard.
In making its determination, the Board needs to consider a number of items, as
specified in the state's Rule 9J-2.0251, F.^.C. These items are analyzed below.
1. Eligibility for abandonment
An approved DRI which after abandonment will be at or below 80% of any'
applicable guideline identified in Rule 28-24 is eligible for abandonment of its
DRI status.
Waterford Place, as originally submitted, was found to be a DRI because it
exceeded the threshold for office development. Since the office component has
been deleted, the project no longer meets the thresholds to be a DRI. These
thresholds, as relates to the components of Waterford, are as follows:
Component ~ DRI Threshold % of Threshold
Residential (units) 536 3,000 17.9
Retail (sf) 136,000 400,000 34.0
Hotel (rooms) 78 350 22.3
For a multi-use project, such as Waterford Place, an additional threshold applies.
If the sum of the percentages of the thresholds for each use is equal to or
greater than 160%, the project is a DRI. The sum of the percentages of the
Waterford Place thresholds is 74.2%. Since 80% of 160% is 128%, the project
after abandonment will also be less than 80% of the multi-use threshold.
Therefore, the project is eligible for abandonment.
P&Z Board Memorandum Staff Report
Waterford Place
Page 4
2. The developer's reason for seeking abandonment
In the application, the developer states that, based on reductions in the project
scope the resulting development no longer meets the thresholds of a DRI.
Further, all of the conditions of approval of the development order (DRI-DO) are
either completed or can easily be assimilated into the local development order
(SAD). Staff review indicates these statements to be correct.
3. The types and amounts of development constructed.
a. Infrastructure to serve the entire development, including off-site
improvements, has been completed.
b. Multi-family residential units, and 136,000 square feet of retail have been
constructed. In addition, as stated in the Background section, 300 residential
units and a 78 room hotel are in the approval process.
4. The types and amounts of impacts from the project's existing and proposed
development to any resources, and existing and proposed facilities.
a. The existing and proposed development will not create adverse impacts on
natural resources, including surface water, ground water, wetlands,
vegetative or animal communities. Performance standards in the Land
Development Regulations (LDR), and in the conditions of the SAD, will
continue to afford resource protection through completion of the project.
b. Impacts to public facilities, including water, sewer and streets have been
mitigated through completion of the conditions of development approval.
Performance standards in the Land Development Regulations (LDR), and in
the conditions of the SAD, will continue to address facility needs through
completion of the project.
5. The extent to which the proposed abandonment will affect areas previously
set aside or identified for preservation or protection.
The areas set aside for preservation or protection are limited to the vegetated
and functional littoral zone created as part of the surface water management
system and drainage canals created as part of the development. These will
continue to be protected by conditions of the SAD and the South Flodda Water
Management District permit. Therefore, abandonment of the DRI will have no
adverse effect on preservation and protection.
6. The extent to which the developer has complied with conditions of the
development order which authorize existing development.
P&Z Board Memorandum Staff Report
Waterford Place
Page 5
The developer has fully complied with the conditions of the development order
for construction to date. The SAD will contain conditions for the proposed
development through completion of the project.
7. The extent to which the developer has relied upon benefits granted to
authorized developments of regional impact which would not otherwise be
available after abandonment.
The developer has relied on the benefits granted to authorized DRI's to vest
traffic volumes since the project was initially approved. The SAD also addresses
vested traffic, containing a volume sufficient to complete the approved project.
In addition, the project is vested under local regulations since 25% of the
improvements (water, sewer, streets, etc.) are constructed.
8. The extent and types of impacts the abandonment will have on the local
comprehensive plan and local government land development regulations.
All impacts of the approved project, through its completion, have been
addressed. Therefore, abandonment of the DRI will produce no impacts on the
Comprehensive Plan and Land Development Regulations.
9. The extent to which the proposed development after abandonment will be
inconsistent with the State Comprehensive Plan, the State Land Development
Plan, or the appropriate Comprehensive Regional Policy Plan.
The Waterford project, through completion, will continue to be consistent with the
above plans after abandonment of the DRI status.
The request for abandonment of the DRI status for Waterford Place has been reviewed
by the Treasure Coast Regional Planning Council and the Florida Department of
Community Affairs. Both agencies have been notified of the City Commission Public
Hearing and invited to comment. Both agencies have indicated that they have no
objection to the abandonment.
..~.~,.~x.~ ...~:~:`~:~:..:~::~.:.:::::~.:~...~...~``.:~.~...~:.:.:.:.:~..`~ · · . · . .- .. · .. .~[ - . ~- :: .- ~.~.::,.~:.~:::.)...'.,'.:'.,'.:.,.:)..:F.~.:....'.~)~..:~:.~..::::~,:..::::::
Waterford Place, as currently approved, no longer meets the thresholds of a DRI. The
major infrastructure to serve the entire development, including off-site improvements,
has been completed. The remaining development to complete the project will not
create adverse impacts to natural resources or public facilities, and will not create
regional impacts. Therefore, state and regional oversight of the project is no longer
needed and the DRI status of the project may be abandoned.
P&Z Board Memorandum Staff Report
Waterford Place
Page 6
Approval, or approval with conditions, will result in the issuance by the City of an
amended DRI-DO, which includes findings of fact and conclusions of law, that either
repeals the odginal DRI-DO in its entirety (including previous amendments), or repeals
portions of the existing DRI-DO, and includes any appropriate additional conditions of
abandonment. The resulting development order will contain conditions which require
the developer to mitigate the impacts of all existing and proposed development, and to
satisfy all applicable conditions of the existing development order with regard to existing
and proposed development.
Denial of the request will result in the issuance of a resolution affirming the continued
effectiveness of the existing DRI-DO.
A. Approve a recommendation to grant the request to abandon the DRI status of the
Waterford Place project, and amend the SAD to add any outstanding conditions
from the DRI-DO in addition to the development conditions already contained in the
SAD.
B. Deny the request to abandon the DRI status of the Waterford Place project, based
on findings that continuing regional and state review are necessary to control the
completion of development on the site.
~11 I I I Ill II IIII III II II I .... III '11 II II I - ' I I ..... I ...... Il'l-Il -III--II -¥1 .................................. ·
By separate motions:
1. Approve a recommendation to grant the request to abandon the DRI status of the
Waterford Place project.
2. Approve a recommendation to amend the SAD, adding any outstanding conditions
from the DRI-DO, in addition to the development conditions already contained in the
SAD, as detailed in the attachment.
S:\dv\wtfd22
PROPOSED AMENDMENTS TO THE WATERFORD PLACE SPECIAL
ACTIVITIES DISTRICT
Section 1. That Ordinance No. 79-84, as amended by Ordinances No. 96-87,
68-89,64-92, and 11-96, comprising the SAD Ordinance for the Waterford
Place/Delint Development of Regional Impact (DRI), be and are hereby
amended to incorporate the following:
That the Waterford Place/Delint development is no longer a DRI, and that any
unmet conditions of the DRI-DO are hereby incorporated into the SAD
ordinance.
Section 2. That development shall be consistent with the Master
Development Plan, and that a full site plan application be submitted and
reviewed by the Site Plan Review and Appearance Board for all future
development.
Section 3. That the conditions of approval in the SAD ordinance be
amended as follows:
That the development of the property described in Section 1 of Ordinance No.
79-84 shall also be in accordance with the following conditions:
1. The site data shown on the MDP shall be up-dated and corrected to
reflect the resulting amount of floor area and acreage and parking
accommodated in the entire project mcdificctlcn.
2. The '~""";~" --" *~'" residential portion shall contain no more than 536
units
3 §. That the number to be used for establishing the vested traffic count for
external trips shall be 10,111 trips. Tk,,r ...... thc rcmc!nbg ..'~n~ ...... n~ cq. ~. of
r,.~,-,I;~,~,.,.,,-~,-~+ ,.-,~ I ;r,,.I,-,ll ~,~r +k~ ,-~,,,.,~,-,,-,,-, ,-,,1: ,-I,.~ ,-,m,.~k,~.l--,;r,,-, ;+ ,.,,-, ,-, ,-,,.~11,-~,-,4.,-,,-
~-,I-~,'*11 I~,~ ,,'~vnl,~r,-,,'4 ^ ,-, ,-,,.~;,.~r~ ~,.~ k,'~ ,-,,-,,..,,.,;,-I,.~r,-,,.I ;,~ ~l'";,-,,q I ;,~,,I,-,11 ;,-,~,.~ ,-, C~ %Al '1
^ .......e~c~C.[C~ ,.,;*k;.. *k,-. ~.~*^~.~,~ o^m/nD~ The developer shall submit
plans to de-emphasize Lindell Boulevard as a collector road with any site plan for
further development of the Waterford Place project. Such plans shall address,
among other alternatives, the realiqnment of Lindell Boulevard into the 300 rental
apartments and residence/business hotel component of Waterford Place.
Desiqns to so de-emphasize traffic use on Lindell Boulevard may be required
through site plan conditions.
5 4-2-. The developer recognizes that roadway improvements associated with the
traffic generated from this project are subject to review with each new site
plan consideration. Accordingly, the developer agrees to construct such
additional on-site and off-site traffic improvements as may be required by
the City Commission, pursuant to the City's Land Development
Regulations, at the time of site and development plan approval.
r~l...*,e. T[..N ...*...., ,...,,. and prcscurc mutt bc '~ .... '~ ..... *"~'"' ~"'
~ ................................. ~ ...... ~ thc
(-.~-)-~ ~:'" =nd 9cvclcp,m, cnt w.. (Gcncr=! Rctail)
V l l~:&ll~l · INll
6 ,15. The developer acknowledges that the east accessway to retail use is a
temporary condition and that if it later becomes necessary to alter it, the
improvements may need to be totally redesigned, removed, and
reconstructed including the necessity to replat the access tract which is
now being created. Further, the improvements shall comply with
geometric and construction standards of the City for a street but shall not
need to comply with full cross-section requirements i.e. right-of-way, two
sidewalks, swale drainage.
Z-1-6. The developer shall provide pedestrian ways to the intersection of S.W.
10th Avenue and Lindell Boulevard, and to Delray Crossings from the
retail use. The requirement of providing pedestrian ways to Delray
Crossings is acknowledged to be a requirement of the City and shall not
be considered a shadng of infrastructure, pursuant to Chapter 380, Flodda
Statutes.
8 4.8. The developer shall continue the landscape concept which is found along
Circuit City for the length of the Waterford frontage along 1-95.
9_-2--t-. That SPRAB consider special, off-site screening to be located within
Waterford Village, or on other portions of the project O~qaar-k, in order
to mitigate inappropriate visual effects of the retail use facility from the
apartment complex.
10 22 '
....~...;.~.,,,., ...., i~,~ u..~..'~..~ o,,~... '~""", ;" "~'~ ..... ~ '" """~"'",, SFWMD .... ' .....
+~,...~..., ........ ;, ,..,..~..¢,,...,,,...,. The developer shall provide and maintain a
buffer zone of native upland edge veqetation around wetland and deepwater
habitats which are constructed on-site in accordance with the following provision.
The buffer zone may consist of preserved or planted vegetation but shall include
canopy, understory and ground cover of native species only. The edge. habitat
shall begin at the upland limit of any wetland or deepwater habitat and shall
include a total area of at least 10 square feet per linear foot of wetland or
deepwater habitat perimeter. This upland edge habitat shall be located such that
no less than 50 percent of the total shoreline is buffered by a minimum width of
10 feet of upland habitat.
11 2-~. Modifications to the existing SFWMD permit shall be received and
reviewed to insure compatibility with the approved site plan pdor to
issuance of building permits. If inconsistencies arise, modifications shall
be approved through the site plan modification process with action by
SPRAB when Board action is required.
.12 2-4-. Conflicts among the site and development plans (site plan, landscape
plans, engineering plans) and changes thereto which may be necessary
to accommodate the proposed gravity sewer system shall be resolved in
favor of the landscape plans and site plan.
13 2.6. The developer shall extend the pedestrian path in the residential area
from that area into, and through, the balance of the proiect ..m .... ,t, in
accordance with the standards of the City Engineer.
,-,,-,~-,r,-,v;,.,.~.-,+,-,h, ~-~Q ~/~ TI-,~, ,4,~,,.,1~-,..~,.,.- ,.~4: ~1.~,-, %hf,..,,l.,...,,,-.;,..,,..,-I (~AI'~ ,..,,,.,,.4
.-..v ..................... _ P=Im Beech "'...... .... ..~+" R.cad '.. ......~.,....* Fcc required
of S W ~ n,~. ^ ....... ,...,.,., ;-,..., t=n,,t ..... '~ +" S W In*~' e+....., ..~ ,.,
'"+~'"'" +'"~" "';+:"'"+; ......... +~'" '"';+' ..... ~'"';"",,~^n" ....... -.t-,'"'-,-,*'"
· o-~o nan .... ;,,...~ ~:'""" +~'""" ~ff. ortc ,.~..,ll ~... .~...~....+..a ff.c~ tho
14. The developer shall establish a vegetated and functional littoral zone as part
of the surface water management system and drainaqe canals occurring on the
property. Pdor to construction of the surface water manaqement system for any
phase of the proiect, the developer shall prepare a design and management plan
for the wetland/littoral zone that will be developed as part of that system. The
plan shall: 1) include typical cross sections of the surface water management
system showinq the average water elevation and the -3 foot. contour (i.e. below
average elevation); 2) specify how veqetation is to be established within this
zone, including the extent, method, type and timing of. any planting to be
provided; and 3) provide a description of any mana.qement procedures to be
followed in order to assure the continued viability and health of the littoral zone.
The littoral zone as established shall consist entirely of native vegetation and
shall be maintained permanently as part of the water management system. As a
minimum, 10 square feet of vegetated littoral zone per linear foot of lake
shoreline shall be established as part of the surface water management system.
The plan shall be subject to approval by the City of Delray Beach and South
Florida Water Management Distdct pdor to beginninq any excavation activity.
The plan shall be implemented and work inspected no later than 18 months after
the lakes are excavated.
15. The pdma.ry source of irrigation water shall be the surface water
management system of lakes. In no case shall irrigation water be derived from
municipal potable water sources.
16. At least 30 percent of the landscaped areas on-site, excluding rights-of-
..way, .building courtyard areas and planting boxes which abut buildings shall be
comprised of native vegetation. The location of vegetation areas shall be such
that the watering and fertilization of non-native areas does not inhibit the
,management of the native vegetation areas in a healthy state. Fifty percent of
the trees used in landscaping shall be native trees adapted to soil conditions on-
s..ite.
17. The developer shall contribute an $47.41 per vehicular trip, which equates
to $134,834 {$47.41 X 2,.844 tdps) to be paid to the City of Delray Beach at the
time of issuance of building permits for the 300 unit residential development..
The funds shall be placed into a Roadway T.rust Fund by the.. City, and
transmitted to Palm Beach County upon establishment by the County of a
special purpose impact fee for the creation of additional interchanqe capacity for
Interstate 95 within the project's area of impact. Should Palm Beach County
decide not to establish such an impact fee, the funds sba. II be used by the City
for roadway improvements within the impact area.
18. An analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard shall
be submitted annually by the developer, until the project is completed, which
shall determine if a traffic signal at the intersection is warranted. If and when the
intersection analyses show that a traffic signal is warranted, the signal shall be
installed by the developer within three months of a directive by the City of Delray
Beach. If the signal is not installed based on these analyses, then pdor to
issuance of the last Certificate of Occupancy for the residence/business hotel
and the 300 rental apartments, the traffic signal shall be bonded by the
developer. One year after issuance of the last Certificate of Occupancy, an
intersection analysis shall be submitted by the developer. If a traffic signal is
warranted, the bond will be utilized to install the traffic signal. If the traffic signal
is not warranted, the bond will be returned to the developer.
!9. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell
Boulevard and capacity determination for S.W. 10th Avenue shall be submitted
with each site plan for further development in Waterford Place. Based upon
such analyses and when so determined by the City, the developer shall improve
the intersection and shall complete the four-lane section of S.W. 10th Avenue
between Linton Boulevard and Lindell Boulevard.
20. Certificate of Occupancy shall be issued for the hotel pdor to issuance of a
final certificate of occupancy for the apartment complex.
21. Development of the hotel and 300 unit apartment complex shall be
consistent with the Master Development Plan (MDP), and a full site plan
application shall be submitted and reviewed by the Site Plan Review and
Appearance Board which includes addressing the following Items:
(a) The handicap accessibility shall be provided in compliance with ADA
requirements;
(b) The issues with regard to parking (i.e. parking reduction, tandem parking, and
backout parking) shall be addressed with the full site plan submittal for the
apartment complex;
(c) Additional pedestrian ways shall be required on each side of the spine road,
between the cul-de-sac (northeast corner), around the lake and to the
recreational parcels;
(d) Tot lot locations as well as the type of playground equipment must be
provided on the plans.
S:~adv\wtfd23
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /O~ REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 4-98 (MINIMUM FLOOR AREA PER TENANT OR BAY
IN THE LIGHT INDUSTRIAL ZONE DISTRICT)
DATE: JANUARY 16, 1998
This is second reading and a public hearing for Ordinance No. 4-98
which amends LDR Section 4.4.26(H) (3), "Special District
Regulations", to reduce the minimum floor area allocated per tenant
or bay from 4,000 sq.ft, to 2,000 sq.ft, in the Light Industrial
(LI) zone district.
This amendment was requested by Frank Scaltrito, owner of a vacant
parcel of land located at the southeast corner of S.W. 7th Street
and S.W. 15th Avenue, within the LI zone district. The applicant
contends that the requirement to provide a minimum tenant or bay
size of 4,000 sq.ft, is onerous, as the norm for industrial
properties calls for floor areas of 1,500 to 2,000 sq.ft.
Additional background and analysis is found in the attached staff
report.
The Planning and Zoning Board considered the proposed amendment at a
public hearing on December 15, 1997, and voted 6 to 0 to recommend
approval, based upon a positive finding with LDR Section
2.4.5(M) (5), that the text amendment is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan. At
first reading on January 6th, the Commission passed the ordinance by
a vote of 4 to 1 (Mr. Randolph dissenting). Both Mr. Randolph and
Mayor Alperin expressed concerns about the condition of the
industrial area off of S.W. 10th Street which is very congested.
Attached is some additional information from the Planning Director
concerning the proposed ordinance. It notes that the industrial
area which is objectionable is zoned Industrial (I), not Light
Industrial which provides for much stricter development standards.
In her opinion, development under the LI district standards should
insure that future sites will function much more effectively than
the buildings in the existing industrial area.
Recommend approval of Ordinance No. 4-98 on second and final
reading.
ref: agmemo25 ~-O
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
ORDINANCE NO. 4-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26,
"LIGHT INDUSTRIAL (LI) DISTRICT" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SUBSECTION 4.4.26(H), "SPECIAL
DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.26 (H) (3) ,
TO REDUCE THE MINIMUM FLOOR AREA ALLOCATED PER
TENANT OR BAY; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1 o 6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on December 15, 1997, and forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174 (4) (c) , the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.26, "Light
Industrial (LI) District", Subsection 4.4.26 (H) , "Special District
Regulations", subparagraph 4.4.26(H) (3), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 4.4.26 Light Industrial (LI) District:
(H) Special District Regulations: The ·following regulations
apply on property zoned LI.
(3) A minimum floor area of at least ~/~ 2,000 sq.ft.
per tenant or bay shall be provided with the exception of office
(business) uses.
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.
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading January 6, 1998
Second Reading
- 2 - Ord. No. 4-98
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN, CiTY MANAGER
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTO
DATE: JANUARY 16, 1998
RE: CITY COMMISSION MEETING OF JANUARY 20, 1998
ADDITIONAL INFORMATION ON THE PROPOSED TEXT AMENDMENT
FOR THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT
At the City Commission meeting of January 6, 1998, Mayor Alperin expressed some
concerns over the proposed reduction in tenant size for the LI zoning district. He
referred to the condition of the industrial area off of S.W. 10th Street, which is very
congested.
It is noted that the area that was referred to is zoned Industrial (I), not Light Industrial
(LI). The Industrial district allows many more intense uses than the LI, including auto
repair, which generates a high parking demand. It also permits certain outdoor
functions and uses, while all uses within the LI zone must be conducted indoors.
Additionally, the majority of that Industrial zoned area was developed prior to the
establishment of current development standards, which require landscaped areas, a
greater number of parking spaces, and the orientation of bay doors away from rights-of-
way.
There has been no development under the LI zoning in this area, even though it has
been in place since 1994. Apparently one of the impediments is the relatively large
minimum tenant size. There is not a clear relationship between the size of a bay and
the level of activity or congestion that is generated. In fact, small bays are often leased
to one- or two-person operations. The LI district has the strictest use and development
standards of all of the industrial zones. Development under those standards should
ensure that future sites will function much more effectively than the existing buildings in
the Industrial-zoned area.
MEETING DATE: DECEMBER 15, t997
AGENDA ITEM: V.C. - AMENDMENT TO LDR SECTION 4.4.26(H)(3)
(SPECIAL DISTRICT REGULATIONS), TO REDUCE THE
MINIMUM FLOOR AREA ALLOCATED PER TENANT OR
BAY FROM 4,000 SQ. FT. TO 2,000 SQ.FT., IN THE LI
ZONE DISTRICT.
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.26(H)(3)
Light Industrial (LI) zoning district, Special District Regulations, to reduce
the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to
2,000 sq.ff., pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a recommendation is
obtained from the Planning and Zoning Board.
In Febi'uary, 1993, the kl (Light Industrial) zone district was adopted, thus fulfilling Land
Use Element Policy A-5.15. This policy stated that the City shall adopt a light industrial
xoning district, addressing, at a minimum; wellfield protection, buffering, uses, minimum
lot, and minimum floor area. The ordinanc~ was to be adopted prior to the approval of
any rezoning within the Series 20 Wellfield area (S.W. 10th Street, between 1-95 and
Wallace Drive). Provisions of the Palm Beach County Wellfield Protection Ordinance
make it possible to allow industrial zoning in the ama of wellfields and still protect the
ground water. Among the adopted LI zone district standards are restrictions as to the
use, storage and handling of regulated substances identified in the Palm Beach County
Wellfield Protection Ordinance.
When the LI.zoning.distdct was reviewed by the Planning and Zoning Board in 1993, it
was understood that 'fine tuning" of the district regulation would be necessary once the
zoning was applied to various sites. On February 23, 1993, the LI zone district
regulations were amended to increase the amount of retail space allowed' per tenant,
allow retailing of products produced off-site, and reduce the frontage requirement. The
changes were made to accommodate the Levenger development.
To: P & Z Board Members
Re: LDR Text Amendment -Reduction of the minimum floor area per tenant/bay in the LI zone district
Page 2
An amendment to the LI zone distdct regulations has been requested by Frank
Scaltrito, owner of a vacant parcel of land located at the southeast comer of S.W. 7th
Street and S.W. 15th Avenue, within the LI zone district.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
LDR Section 4.4.26(H)(3) states that within the LI zone district, a minimum floor area of,
at least. 4,000 sq.ft, per tenant or bay shall be provided with the exception of office
(business) uses. The applicant states that the requirement is onerous as the industry
norm for industrial properties call for floor areas of 1,500 to 2,000 sq.ft. The applicant
has had requests for development of the property which have not been followed
through due to the minimum tenant size requirement.
The minimum floor area requirement was included with the creation of the LI zone
district in 1993, given the abundance of small industrial uses adjacent to and within the
Series 20 Wellfield and the vacant land above the wellfields. There is no
documentation which clearly explains the basis for the minimum 4,000 sq.ft, per tenant
requirement. It is assumed that the larger bays would result in less tenants thereby
allowing better monitoring of the uses and the associated substances. The larger bays
would also accommodate businesses which typically are larger employers. It is noted
however, that a May, 1995 article in Florida Trend estimated that 9 out of every 10 jobs
in Florida are created by small firms. According to a 1995 business profile of Delray
Beach, conducted by Urban Decision Systems, approximately 90% of "commeme" type
businesses in the City are relatively small, employing 20 or fewer people. This indicates
that smaller tenant space/bays are needed within the City in terms of accommodating
small business.
The only other "industrial" zone distdct that has a minimum floor area requirement for
assembly, fabrication, wholesale, and storage is the PCC (Planned Commerce Center)
zone district, which requires a minimum floor area of 3,000 sq.ft, per tenant in the Light
Industrial component of the PCC, and 5,000 sq.ff, in the Service Industry component.
The intent of the PCC zone district is to provide a mix of industrial, office, and limited
retail uses in an industrial park setting. A PCC development usually accommodates
larger employers/businesses.
With regard to the minimum floor area requirement as it relates to wellfields, the
majority of the LI zone properties are located within wellfield zones I and 2. There are
circumstances where other industrial properties zoned MlC (Mixed Industrial and
Commercial), I (Industrial), and CBD-RC (Central Business District - Railroad Corridor),
which do not have a minimum floor area requirement, are located within wellfield zones
To: P & Z Board Members
Re: LDR Text Amendment -Reduction of the minimum floor area per tenant/bay in the LI zone district
Page 3
1 and 2. The reduction would not introduce tenant sizes that are less than those that
currently exists in other wellfield areas. As previously stated, the provisions of the LI
zone district and the Palm Beach County Wellfield Protection Ordinance make it
possible to allow industrial zoning in the area of wellfields and still protect the wellfields.
While a reduction of the minimum floor area allocated per tenant can be supported, the
minimum floor area should not be less than 2,000 sq.ff. This-' would': retain some
measure for monitoring tenants. The proposed text amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
By motion, recommend to the City Commission that LDR Section 4.4.26(H)(3)($pecial
District Regulations) be amended to reduce the minimum floor area allocated per tenant
or bay from 4,000 sq.ft, to 2,000 sq.ft., based upon a positive finding with LDR Section
2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
Attachments:
· Proposed Amendment
· Request Letter
LDR Section 4.4.26
(H) S_~ecial District Regulations;
(3) A minimum floor area of, at least ~.,999 2,000 sq.ft, per tenant or bay shall be
provided with the exception of office (business) uses.
Frank A. Scaltrito
4 Via Ang¢lico
Palm Beach Gardens, Florida 33418
November 20, 1997
Diane Dominguez, Director of Planning and Zoning "
100 N.W. First Avenue
Delmy Beach, Florida 334~,4
Re: Vacant land S. W. 15a Avenue, between S. W. 8a Street and S. W 7t~ Street,
DelrayBeach
Dear Ms. Dominguez:
Purs~t to and in accordance with our meeting of November 18,1997, we hereby submit
our request for a text amendment change to the current zoning of the subject property.
Paragraph H(3) requires a minimum floor area of 4,000 square feet This restriction is
quite onerous since industry norm for such properties call for floor areas of 1500 to 2000
square feet. We have had requests for development which have not gone further because
of the present requirement..
Accordingly, we are requesting the ordinance be amended to allow a minimum floor
space of 2000 square feet In accor~ce with your Plan Review Fee schedule, we
enclose our check in the amount of $500.00.
Your consideration to this request will be greatly appreciated.
Very-truly yours,
· Frank A. Scaltrito, for Fred Tantimonico ~nd Robert Gates
pLb,~.N~.NG & ZOt4~NG
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~!
SUBJECT: AGENDA ITEM ~ IO~- REGULAR MEETING OF JANUARY 20, 199.8
ORDINANCE NO 2 - 98 (AMENDMENTS TO THE COMMUNITY
REDEVELOPMENT PLAN)
DATE: JANUARY 16, 1998
At the January 6th meeting, the Commission passed Ordinance No. 2-98
on first reading, with Exhibit "A" amended to include only the
Community Redevelopment Plan and not the West Atlantic Avenue
Redevelopment Plan. The West Atlantic Avenue Redevelopment Plan is
a sub-document to the Community Redevelopment Plan and will be
adopted by resolution in conjunction with second and final reading
for Ordinance No. 2-98.
Ordinance No. 2-98 was subsequently advertised and scheduled for a
public hearing on January 20, 1998. However, as indicated in the
attached letter from Mr. Brown, it became necessary to make some
changes to the document after first reading. Since the ordinance
was advertised, it does appear on the agenda as a public hearing
item. In view of the changes made to the proposed redevelopment
plan, it is recommended that Ordinance No. 2-98 be reconsidered on
first reading at tonight's meeting and that a new public hearing
date be scheduled for February 3, 1998.
While the changes made to the document are relatively minor,
proceeding in this manner will insure that the complete and final
document is what is advertised and on file for review.
I recommend that Ordinance No. 2-98, with the changes outlined, be
reconsidered and approved on first reading. Further, that a public
hearing be scheduled for February 3, 1998, with the Community
Redevelopment Agency to pay the costs associated with readvertising
the ordinance.
ref:agmemo24 t~ ~-~ ~' /~~~
Community
Redevelopment
· Agency
Delray Beach
January 14, 1998
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: 1st Reading for Amendment of the CRA Redevelopment Plan
Dear Dave:
Please find enclosed a modified program of the CRA Plan for your review and Commission
approval. As you may recall, the Commission approved a CRA Plan Amendment on January 6,
1998, but it was necessary to make minor changes to the document.
The following describes those changes:
1. The program entitled, "Mount Olive Redevelopment" was modified to include a
previously contemplated project of the church, an elderly housing project on Block
20. Please refer to pages 4.24 and 4.25 for this change.
2. Secondly, the land acquisition map, as illustrated in the Appendix as Block 28 and
36, Mount Olive Redeveopment, will include an additional property, a structure
adjacent to the present sanctuary.
in this matter.
Christopher J. Brown
Executive Director
/d
Enclosure
cc: Susan Ruby, City Attorney
Alison MacGregor-Harty, City Clerk
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
ORDINANCE NO. 2-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
FINDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH
THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTION
163.360(6) (7); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and
WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
further ratified and amended on September 25, 1990, by Resolution No.
86-90; and as further ratified and amended on April 9, 1991, by
Resolution No. 28-91; and as further ratified and amended on November
26, 1991, by Resolution No. 93-91; and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92; and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92; and as further
ratified and amended on February 22, 1994, by Ordinance No. 5-94; and
as further ratified and amended on September 5, 1995, by Ordinance No.
48-95; and as further ratified and amended on March 5, 1996, by
Ordinance No. 8-96; and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the "CRA", has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to
account for certain changes which have occurred since the last
amendment of the Plan, to account for modification or completion of
project components, and to provide for the addition of a new program
to the Plan; and
WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach, Florida, that the
Community Redevelopment Plan be modified, amended and ratified in the
form attached hereto as Exhibit "A"; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications conform to the Community
Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications are consistent with the City of
Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications meet the applicable requirements
of Section 163.360(6)(7), Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on
said modifications to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
ordinance is based.
Section 2. That the Community Redevelopment Plan for the
City of Delray Beach be, and the same is hereby modified, amended and
ratified in the form attached hereto as Exhibit "A" and made a part
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 2-98
Section 4. That if any section, subsection, paragraph,
sentence or word or other provision of this ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any
other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and 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 in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 2-98
o The Program is divided into two Phases.
o Phase 1 shall include preparation of a Redevelopment Program containing the following elements:
- Inventory of all properties and identification of substandard, marginal and non-conforming
land uses.
- Recommendations on future land use.
- Methods of dealing with non-conforming land uses.
- Methods for conserving and upgrading appropriate uses.
- Methods of annexation of remaining County pockets in the area.
- Infrastructure analysis and traffic analysis.
- Identification of key properties for CRA acquisition, assembly and sale to private sector for
redevelopment.
- Preparation of a beautification plan.
Cost/Benefit analysis of program components.
Recommendations for redevelopment of the larger vacant or under utilized parcels.
Financial Plan, detailing total cost of the Program and methods of funding including
utilization of all or part of TIF money within the area, bonding, borrowing, grants,, etc.
o Phase 2 shall be the implementation of the redevelopment program including the following:
Adoption of the program by City and amendment of City Comprehensive Plan where
necessary for implementation.
Initiation of program components, including beautification plan.
Creation of a North Federal Highway Business Association.
CRA acquisition of key properties where necessary.
CRA Consolidation of smaller properties and sale to private sector for redevelopment as
larger scale commercial or residential projects.
Creation of a unified homeowner's association in order to make recommendations to the
Plan and the City and CRA concerning neighborhood improvements.
Program Participants and Administration
o The CRA will administer and coordinate the program.
o Other participants may include, but are not limited to, the City of Delray Beach, Palm Beach County
(for unincorporated pockets), Florida Department of Transportation (controls US-l), Delray Beach
Chamber of Commerce, developers, and individual property and business owners.
Funding Sources
o The CRA will provide the funding for Phase 1 of the program.
o Funding sources for phase two to be determined.
Project Schedule
o Phase One: Begin in FY 1994/1995.
o Phase Two: Implementation schedule to be determined after completion of phase one.
# 2.12: "Old School Square Cultural Center"
This project was completed (See Appendix "E" for description of the
project). Please note that the CRA has committed to provide funding
through loan guarantees, loans or grants for debt service on the loan for
restoration of the 1926 building.
# 2.t 3: "Mount Olive Redevelopment"
Background
4.23
The Redevelopment program for Blocks 28 and 36 (and surrounding blocks) include the expansion
of Mount Olive Missionary Baptist Church and the redevelopment of the frontage on West Atlantic Avenue
and the rear of the blocks for supporting facilities. In Block 28 the West Atlantic frontage redevelopment is
described in another program called "Peach Umbrella Plaza." In Block 36 and Block 28, the West Atlantic
frontage and much of the balance of the block would be redeveloped by Mount Olive, the CRA, private
developers and other public and private entities. The frontage on Block 36 contemplates a mixed use
development,
Founded in 1896, Mount Olive Missionary Baptist Church, which is located at the southwest corner
of NW 1st Street and NW 4th Avenue, lies within "Redevelopment Area #1" as defined by the City of Delray
Beach Comprehensive Plan. This section of West Atlantic Avenue is in the midst of a major redevelopment
effort including the newly constructed Police Station, South County Courthouse, Tennis Center and Fire
Station #1, as well as other current projects such as Peach Umbrella Plaza. Since the church already owns
a substantial portion of Block 28 and several lots in Block 36, it is in a favorable position to provide a positive
boost to the city's ongoing redevelopment efforts. The large size of its congregation necessitates the
provision of substantial 'parking for Sunday services. This presents an opportunity to utilize the parking for
other purposes during the week, thus increasing the overall redevelopment potential of the area. The
Church's goals for redevelopment include expansion of its existing building with increased parking and the
addition of a church supported community/educational center and possibly an elderly housing project.
The Church recently completed the construction of an important historic marker, commemorating
the founding of the church, marking it as the City's first organized church. In addition, is =?,,e pr=p3dng =
hi=tcric monument ccmmcmcrnting thc fcund!n3 cf thc Church in thc ne=r future. Mount Olive-bega~
completed in 1993 construction of a substantial ~ building addition, new parking lots and upgrading
its existing parking Iots4c~,4~g~. In 1993, the Church acquired a small building on N.W. 5th Avenue which
is proposed for a Youth or Community Center. The CRA awarded the Church a $14,000 "Site Development
Assistance" Grant in 1993, with the stipulation that the Church would paint and landscape the extedor of the
building which has since been accomplished.
The Church contemplates further expansion on Blocks 28 and 36 which would include converting
their existing sanctuary into an all purpose meeting room and gymnasium and the construction of additional
classrooms for their school. The Church is currently under contract with the Palm Beach County School
District to generate an alternative school for middle school students. Further plans call for an expansion of
the school to a lower and upper school. If the current sanctuary is converted for an educational and cultural
facility, the Church would construct a new and larger sanctuary on Block 36. Parking for students, teachers,
parishioners, staff and visitors will become an important part of the Church's expansion plans.
In addition to Mount Olive, a smaller congregation is located on the northeast corner of Block 36,
the House of God. The Church wishes to rehabilitate their sanctuary and to add paved parking to their site.
The Church could benefit from additional parking facilities.
Furthermore, in 1996 the City of Delray Beach approved the creation of an historic district, part of
which encompasses land in Blocks 20, 28, 35 and 36. The purpose of the district is to celebrate and
preserve the historic character of the neighborhood. The redevelopment objectives will reinforce the
district's efforts. The CRA would acquire a few historic buildings on Block 36 and, if feasible, would move
the structures to vacant lots within the West Settlers' Historic District.
The CRA would acquire, particularly on Block 36, numerous properties for the purpose of
assembling a site large enough to accommodate a multi-story mixed use development, as proposed in the
West Atlantic Redevelopment Plan. The mixed use development would require adequate parking to meet
the demand by tenants and consumers and would be located at the rear of the building (in the center and
rear of Block 36). The parking would be shared by Mount Olive, the House of God, and surrounding
businesses, including the Tennis Center.
Project Objectives
4.24
o Removal of slum and blighted conditions.
o Provision of additional parking opportunities for Peach Umbrella Plaza and the surrounding area.
including the Tennis Center for special events. Th~= may =n=b!-
o Provision of church supported elderly housing
o Provision of additional community recreational and educational facilities by the church.
o Revival of the historic significance of the area, particularly to support the West Settler's Historic
District.
o Redevelop the blocks to take advantage of the important location relative to several public
institutions, including the Tennis Stadium, the County Courthouse, the Police Station, and the Fire
Station.
o Increase the economic vitality of the West Atlantic commercial corridor through the attraction of new
businesses.
o Increase the job opportunities for the residents of the surrounding neighborhood.
o Assemble a site to accommodate a larger-scale project.
Project Description
o The redevelopment project area may include, but is not limited to portions of Blocks 20, 28, 35 and
36.
o Expansion of the church and parking facilities.
o Construction of additional features or expansion of the monument area to commemorate the
historical importance of the area.
o The construction of elderly housing units
o The construction of a community/educational center.
o Development of a mixed use project with emphasis of retail on the ground floor and office and/or
residential on the upper floors.
o The provision of adequate parking to serve the churches and the redevelopment project. The
parking may include a multi-level garage. Zoning amendments will be required to convert from RA
to GC or CF on certain properties.
o The project shall be divided three phases.
o Phase 1 shall include identification of property to be acquired, planning, marketing and economic
feasibility.
o Phase 2 shall include property acquisition by the Church or the CRA as required to implement the
project.
o Phase 3 shall include, but is not limited to, sale, lease, or joint venture of any CRA acquired property
and construction.
Proiect Participants and Administration
o The church, in close cooperation with the CRA, and others, shall take the lead role in the
redevelopment effort related to church expansion.
o The CRA may participate through utilization of its unique powers and financial resources as it
deems appropriate to implement the project.
o The CRA will take the lead role in close cooperation with others with respect to the development of
the frontage and parking.
o Other participants in the project may include, but are not limited to, the City of Delray Beach, West
Atlantic Redevelopment Coalition, 3nd the Delray Merchants Association, EPOCH, LISC, the
churches, and the private sector.
Fundin;I Sources
o The Church, CRA, City, County, and others, as appropriate, shall provide the funding for Phases
I and 2 of the project.
o ~ Phase 3 tc be d=tc,,-m,,!?,cd funding would occur as property is sold, leased, or co-
ventured.
4.25
Property Acquisition Map
Block # 28 & # 36 Mount Olive Redevelopment
NW 1st Street
i '
I . ~ .i.
W. Aflentlo Avenue
A. 12-43-46-16601-03660140 Lots 14 & 15, Block 36, Town of Delray
B. 12-43-46-16601-03660220 Lots 22 & 23, Block 36, Town of Delray
C. 12-43-46616601-03660240 Lots 24 & 25, Block 36, Town of Delray
D. 12-43-46616601-03660260 Lots 26 & 27, Block 36, Town of Delray
E. 12-43-46616601-036-0280 Lot 28, Block 36, Town of Delray
F. 12-43-46616601-036--0290 Lots 29 to 39, Inclusive, Less S.20 Ft. Road R/VV, Block 36, Town of Delray
G. 12-43-46-16601-03660100 Lot 10, Block 36, Town of Delray
H. 12-43-46616601-036-0090 Lot 9, Block 36, Town of Delray
I. 12-43-46-16-01-036-0070 Lots 7 & 8, Block 36, Town of Delray
J. 12-43-46-16601-036-0050 Lots 5 & 6, Block 36, Town of Delray
K. 12-43-46616-01-036-0030 Lots 3 & 4, Block 36, Town of Delray
L. 12-43-46616601-03660020 Lot 2, Block 36, Town of Delray
M. 12-4346-16601-03660010 Lot 1, Block 36, Town of Delray
N. 12-4346616-01-026-0090 Lot 9, Block 28, Town of Delray
TO: DAVID T. HARDEN
FROM: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING ~J
SUBJECT: MEETING OF JANUARY 20, 1998
LDR AMENDMENT ALLOWING DENSITIES IN EXCESS OF 30 UNITS
PER ACRE AS A CONDITIONAL USE IN SPECIFIED AREAS OF THE
CENTRAL BUSINESS DISTRICT (CBD) ZONE
The item before the City Commission is an amendment to Section 4.4.13 of the Land
Development Regulations (LDRs), to allow residential densities in certain portions of the CBD
zoning district to exceed the current maximum of 30 units per acre. The density increase would
only be permitted as a conditional use, and is subject to compliance with specific performance
standards.
i
I
This amendment is a revised version of an ordinance that was discussed at the City
Commission workshop meeting of October 28, 1997. At that meeting the Commission gave
direction to staff to revise the proposed ordinance in order to provide greater control and more
specific standards for the review of higher density projects. Those changes have been
incorporated into the revised amendment. The attached P & Z Board staff report provides a
more detailed background and analysis of the changes.
The Planning and Zoning Board held a public hearing on the proposed amendment at its
meeting of December 15, 1997. One person expressed concerns about parking demands, and
another spoke in favor of the changes. The Board voted unanimously to recommend approval
of the amendment. It is also noted that at its meeting of December 18, 1997, the CRA
recommended approval of the proposal.
By motion, approve the proposed amendments to LDR Section 4.4.13, Central Business
District, as attached, based upon a finding that the amendment furthers the goals, objectives,
and policies of the Comprehensive Plan which relate to the revitalization of the downtown area.
Attachment:
· P & Z Board Staff Report of 12/15/97
.
ORDINANCE NO. 8-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO ALLOW DENSITIES IN EXCESS OF THIRTY (30)
UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT, SUBJECT
TO SPECIFIED PERFORMANCE STANDARDS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on December 15, 1997, and forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations' ",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended as
set forth in Exhibit "A" attached hereto and made a part hereof.
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 its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 8-98
EXHIBIT "A" to ORDINANCE NO. 8-98
PROPOSED AMENDMENT TO THE CBD DISTRICT REGULATIONS
Section 4.4.13 Central Business (CBD) District
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the CBD as a permitted use:
(4) Multi-family dwelling units, i,,
m[,v. cd '--'ce -..tr--'cturcc, excluding duplexes,., UP to a maximum density, of thirty_ (30]_ . units
per acre except for the portion of the CBD located east of the Intracoastal Waterway.
where the maximum density_ is twelve (12) dwelling units .Der acre.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(15) Multi-family dwelling units, excluding duplexes, at a density greater than
thirty (30) units per acre, subject to the standards and limitations of Section 4.4.13(I).
(E) Review and Approval Process:
(4) Applications for conditional use approval pursuant to Section 4.4.13(I)
m~$t include, in addition to the standard application items of 2.4.3(A). a site and
development plan (including landscaping, elevations, and floor plans) that are of
sufficient detail to determine that the applicable performance standards are being met.
Final approval of the detailed site plan is b.v the Site Plan Review and Appearance
(5) The process for modification of a conditional use and site Dian approved
pursuant to Section 4.4.13(I)is as follows:
(a) Modifications to an_v aspect of the plan that was a basis for determining
comDliance with the applicable performance standards shall be pro~;¢$$ed as
a modification to the conditional use approval.
(1~) Modifications to the plan that do not affect the application of the performance
standards ma.v be processed as a site Dian modification.
,.,/'~L~..~All development applications which are processed through either the
Planning and Zoning Board or SPRAB shall be referred to the Downtown Development
Authority and the Community Redevelopment Agency prior to action by the approving
body.
Page 1 of 4
(H) Special Regulations:
(4-)-(3) Minimum floor area for multi-family residential dwelling units shall be as
established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
~ (4) Multi-family dwelling units may be located in structures that are comprised
of residential units only or in mixed-use buildings that contain a combination of
residential and non-residential uses. However. where residential uses are located in
structures having frontage on Atlantic Avenue. there must be nonresidential uses
frontina the Avenue on the around floor. : .... +""'~;"'" °+"'"+ ........ +";"; .... "'
(I) Performance Standards: These standards shall aDDly to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units Der acre.
(1) Residential development may exceed thirty_ units .Der acre as a conditional
use only on property located south of N.E. 2nd Street and north of S.E. 2nd Street, .The
maximum permissible density of a particular Dro_iect will be established through the
conditional use process, based upon the degree to which the development complies
with the performance standards of this section, the reauired findings of Section
2.4.5(E). and other applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project i~
not compatible in terms of building mass and intensity of use with surrounding
development.
(2) The applicable performance standards for development under this section
are as follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of
the facade are offset and varied. In structures having more than two stories,
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and Iocation~; features
such as balconies, arches, porches: and design elements such as shutters,
window mullions. Quoins. decorative tiles, or similar distinguishing features.
Exhibit "A" to Ordinance No. 8-98 Page 2 of 4
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with
the main building through the use of similar building materials and color, vertical
and horizontal elements, and architectural style, The garage is designed in ,q
manner that obscures parked vehicles except in places where unavoidable, such
as entrances and exits. Development of a portion of the ground floor perimeter
ad_iacent to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service establishments,
entertainment, offices, etc.. is encouraged.
(c) A number of different unit types, sizes and floor plans are available within th~
development. Two and three bedroom units are encouraged, a8 are ,~
combination of multi-level units and fiats, In pro!ects consisting of more than
twelve (12) dwelling units, the proportion of efficiency or studio type units may
not exceed 25% of the total units. There is no maximum percentage established
for Dro!ects having twelve (12) or fewer units, however, a mix of unit types and
sizes is encoura(3ed.
(d) The interiors of the dwelling units provide unique features and conveniences that
distinguish them from standard multi-family pro_iects and create an attra(;;tiw
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of 9 feet or greater: extensive use of
natural lighting: panel doors throughout the interior: use of decorative molding
for baseboard, door and window casings: wood or ceramic tile flooring in ~11 or ,q
portion of the units: built in cabinetry_ and/or shelving: arched ent.ryways or
passageways: individual laundry_ facilities: special security, features: or ,q
combination of similar features and elements that meet the intent of this
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or similar areas and/or amenities,
(f) The development Dromotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
ad_iacent to the building are enhanced by providing additional sidewalk area at
the same level as the abutting public sidewalk. Accessways to parking areas ar~
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately ad!acent to the development are
enhanced in a manner that is consistent with the streetsca.De in the downtown
area (i.e., installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.),
Exhibit "A" to Ordinance No. 8-98 Page 3 of 4
(g)The development provides opportunities to share parking, accessways,
driveways, etc.. with ad!pining properties, or provides additional parking spaces
that may be used by the public,
{h) pro_iects fronting on Atlantic Avenue. N.E. 1st Street. or S.E. 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten (.10) feet in height. At least fifty_ percent (`50%) of
the surface area of the front street wall(,s) at the ground floor of each such
building is devoted to display windows and to entrances to commercial uses from
outside the building.
(.3) It is acknowledged that it may not be possible for projects which involve
the modification of existing structures to comply with many of the above referenced
standards. For those types of projects, the ultimate density should be based upon
compliance with those standards which can be reasonably attained, as well ~S the
pro!ect's ability to further the goal of revitalizing the central business district (i.e.,
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services).
Exhibit "A" to Ordinance No. 8-98 Page 4 of 4
MEETING OF: DECEMBER 15, 1997
AGENDA ITEM: V.D. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
(LDRs), ALLOWING DENSITIES IN EXCESS OF THIRTY (30)
UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT (CBD)
The item before the board is an amendment to Section 4.4.13 of the Land Development
Regulations, Central Business (CBD) District zoning regulations. The amendment will
allow residential densities in certain portions of the CBD to be increased above the
current maximum of 30 units per acre, as a conditional use and subject to specified
performance standards. Pursuant to LDR Section 1.1.6, amendments to the Land
Development Regulations may not be made until a recommendation is obtained from
the Planning and Zoning Board.
As a result of the revitalization efforts that have been made in the downtown, the CBD
has become a vibrant shopping and entertainment district, with restaurants and clubs,
art and antique dealers, and quality retailers. One essential component to a
sustainable downtown which continues to be deficient, however, is the construction of
residential dwelling units. Residential development must be attracted to the downtown
to ensure its long term viability. This factor has long been recognized by the CRA, the
City Commission, and members of the community who have worked to revitalize the
area.
However, the development community has been slow to respond to the opportunities to
create residential units in the CBD, for a number of reasons. Providing new housing in
the downtown is especially difficult due to the problems and the costs involved in
assembling sufficient land. It has also become apparent that these problems are
exacerbated by the existing limitations on density, as described below.
Current Regulations
Residential dwelling units are permitted in the downtown area at a density of 30 units
per acre, excluding the area east of N.E. 7th Avenue (which was previously identified
as the Coastal High Hazard Area--this has since been changed to the Intracoastal
Waterway) where it is limited to 12 units per acre.
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 2
There has been recent interest shown by developers in establishing quality residential
development in the downtown, however, the density limitations have been identified as
an impediment. The case of the renovation of the Huber Drugs building on East
Atlantic Avenue is a good example. The owner applied to convert the second floor of
the building to eleven (11) dwelling units, but was restricted by the density limits to four
(4). The remainder of the space must continue to be used as office, even though he
has had a great deal of interest from residential tenants. This is contrary to all of the
efforts that have been made to date to encourage residents living downtown. Similarly,
developers have approached the CRA about constructing new residential buildings, but
have found that the density limits don't allow for enough units to make the projects
viable. In most cases the projects will be limited to small sites, (perhaps as small as an
acre or two) due to the limited available land, and it does not make economic sense to
incur the costs of developing projects having 30 or so units.
At the City Commission meeting of September 23, 1997, Mayor Alperin noted his
concerns regarding these difficulties, and asked staff to determine if the regulations
could be addressed in order to facilitate the creation of dwelling units in the downtown
area.
At the Planning and Zoning Board worksession of October 13, 1997, staff proposed the
idea of eliminating density restrictions altogether in the CBD, for the following reasons:
· The dwelling unit per acre approach is more of a suburban concept, where it is
applied to vacant land on a gross acreage basis, and land for roads and open space
is then extracted from the total. Cities with urban centers typically do not use the
unit per acre concept for their downtowns, where public roads, infrastructure, and
open space areas already exist.
· The maximum density that is achievable in the CBD is already limited by height (no
more than 60 feet), setbacks, minimum unit sizes (which were recently increased),
parking requirements, and where applicable, open space requirements. These
provisions have the effect of limiting the mass and scale of buildings in the
downtown. If we are willing to live with these limitations for nonresidential
structures, they should be sufficient parameters for residential buildings, regardless
of the number of dwelling units that they contain.
· Due to the unique character of the Central Business District, the separate impacts of
residential, commercial, and office development are less relevant than the overall
impacts of the development mix. Controls should, then, be focused on the gross
intensity of development in the distdct rather than the net density of a particular use
within the development mix. Within the Central Business District the density of
residential development on a particular site is less relevant than the establishment
and maintenance of a sustainable mix of uses which provide for a balance of
dwelling units, services, and employment opportunities in a compact area.
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 3
The P & Z Board members expressed support for the concept of removing maximum
residential density requirements, but only for the core of the CBD--that is, the first two
blocks north and south of Atlantic Avenue (west of the Intracoastal). They also felt that
there should be some basic limits on the mix of unit types. In particular, they felt that
the percentage of efficiency and studio type units should be restricted. At the regular
meeting of October 20, 1997, the Board voted unanimously to approve an LDR
amendment that allowed development at densities greater than 30 units per acre as a
permitted use, subject to certain Iocational and unit mix restrictions.
The proposed amendment was discussed at the October 28, 1997 workshop meeting of
the City Commission. Several of the Commissioners expressed concern that there
were not enough controls to ensure that the higher density developments would be of a
quality and style that would enhance the character of the downtown. They gave staff
direction to rewrite the ordinance to allow the increased density as a conditional rather
than permitted use, and to make the approval subject to vadous performance standards
that would result in attractive, high quality development. The attached amendment has
been drafted pursuant to that direction.
The proposed amendment would allow the number of dwelling units per acre to be
increased above 30 within that portion of the Central Business District that is west of
the Intracoastal Waterway, between NE 2nd and SE 2nd Streets. The maximum
density within the portion of the CBD located east of the Intracoastal Waterway (as
opposed to east of N.E. 7th Avenue) would remain at 12 units per acre, in that it lies in
the Coastal High Hazard Area. Within this area, state regulations prohibit reductions in
hurricane evacuation times, which is most affected by the number of residents. Those
portions of the CBD north of NE 2nd Street and south of SE 2nd Street would maintain
the 30 unit per acre limitation. In these areas, the CBD narrows significantly, forming a
corridor centered on Federal Highway, between mostly residential established
neighborhoods. The corridors are relatively remote from Atlantic Avenue, and at the
fdnge of the "compact urban core" of the traditional downtown. Due to these Iocational
considerations, residential density controls should be retained to assure compatibility
with surrounding land uses.
In order to develop projects with densities greater than 30 units per acre within the
allowable area, conditional use approval is required. In addition to the established
standards for approval of a conditional use (that the proposal will not have a detrimental
affect on surrounding neighborhoods nor hinder development or redevelopment of
nearby properties), certain performance standards must be met. These standards
relate to the following elements: building elevations and design; parking garage design;
unit types and mix; interior finishes and design; common areas and amenities;
· ' P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 4
pedestrian access and movement; provision of shared and/or public parking; and the
use of ground floor area adjacent to major streets in the CBD. The intent of the
performance standards is to mitigate the potential impacts of the increased density by
encouraging attractively designed development that is of a high quality, functions well
in a downtown setting, and is attractively designed, as further discussed below.
The style and quality of residential development is vital to the long-term success of
downtown redevelopment. One measure of quality is a reasonable mix of unit sizes
and their respective rents or values. Residential development in the downtown should
attract a stable, year-round population that will contribute substantially to the economy
of the downtown and the City. Therefore, it is appropriate to limit the proportion of
efficiency apartments in favor of larger units (standard "c"). A limitation of 25% for
efficiency units should produce such a reasonable mix of units sizes. However, this
limitation is only applied to larger projects, in order to allow additional flexibility for
second floor conversions and smaller redevelopment projects. Other measures that will
result in higher quality units are upgraded interior finishes and the provision of common
areas and amenities (standards "d" and "e").
The standards which relate to the functioning of the building in a downtown setting are
those that call for enhancement of adjacent pedestrian ways and streetscapes ("f"),
encourage shared parking or additional public parking ("g"), and require nonresidential
uses on the ground floor when fronting on specified streets [Atlantic Avenue, N.E. 1st
Street, and S.E. 1st Street ("h")].
The standards which encourage attractive design are those which call for an interesting
and varied facade which provides some relief from building mass ("a"), and which
provide guidelines for the exterior design of accessory parking structures ("b").
Pursuant to LDR Section 2.4.5(M)(5), Findings, prior to adopting an amendment to the
LDRs, the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan.
The applicable policies are as follows:
Housing Element Policy B-3.4 (pending the effective date of amendment 97-1): The
City's Planning and Zoning Department will work with the Community Redevelopment
Agency to analyze the existing Central Business District regulations to determine if
there are significant regulatory impediments to the development of residential units in
the downtown, and will process the amendments necessary to eliminate those barriers.
This analysis will be conducted in FY 97~98.
Future Land Use Element Policy C-4.1 The Central Business District (CBD)
Zoning District regulations shall facilitate and encourage rehabilitation and revitalization
and shall, at a minimum, address the following:
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 5
· deletion of inappropriate uses
· incentives for locating retail on the ground floor with office and residential use
on upper floors
· accommodating parking needs through innovative actions
· incentives for dinner theaters, playhouses, and other family oriented activities
· allowing and facilitating outdoor cafes
· incentives for mixed use development and rehabilitation
· elimination of side yard setback requirements
· allow structural overhang encroachments into required yard areas
The proposed amendments fulfill the stated objective to eliminate certain impediments
to the development of residential housing downtown, and provide additional incentives
for the construction of mixed use development. A positive finding can be made that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan.
By motion, recommend that the City Commission adopt the amendments to LDR
Section 4.4.13, Central Business District regulations, as attached, based upon a finding
that the amendment furthers the goals, objectives and policies of the Comprehensive
Plan which relate to the revitalization of the downtown area.
Attachments:
· Proposed LDRAmendment
· Letters of support
s:plannRdocume\pzcbdens.doc
L AIR CONDITIONING-HEATING 135 S. CONGRESS AVENUE · DELRAY BEACH, FL 33445
November 18, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 NW First Avenue
De[ray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District.
Dear Diane:
Regarding the City's initiative to encourage downtown residential development, I whole-
heartily support their efforts. I encourage your department and our Commissionlr to
change zoning and density restrictions that inhibit this endeavor. Please add my name to
the list of supporters who want to see Downtown with a well-rounded and diverse
economic base.
David L. Henninger
President
PI-ANNItqG &
Delray: 278-5232 · Boynton: 734-7776 · West Palm: 655-6993 · Broward: 426-0008
Fax: 561-278-5499 · 1-800-560-5008
Mouw Associates, Inc.
November 24, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
100 NVV 1st Avenue
Delray Beach, FL 3,~44
Dear Diane:
As you know, I have been pushing for a revitalized downtown for Delray Beach through
partidpation in the C. FLA., The City Commission, The Committee of 100, The Chamber
of Commerce and vadous con'rnittees. It appears that we are almost there.
The addition of modem, compact residential areas in the downtown would give a very
solid foundation to the retail growth we are currently enjoying.
Please do what you can to further this goal.
Thank you.
MOLM/ASSOCIATES, INC.
,~zmand Mouw ~?
Chain~nan
AM:barn
cc: Michael VVeiner/Weiner & Morid
b:~lianedom
"~ :!Il
General Contractors
P.O. Box 2690 · Delray Beach, Florida 33447-2690 · Telephone (561) 276-9640 · FAX (561) 265-3886
THE BEZ'FAK COMPANIES
Real Estate Development, Construction, Management, Financing & Investments
November 19, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, FL 33444
RE: Initiative to increase densiW in selected areas of central business district
Dear Diane:
It has come to our attention that the City, through a change in its local ordinances, will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city invigorated with both retail and
residential uses. Please add our name to the list of supporters who want to see a downtown with a
well-rounded and diverse economic base.
Ve~ ruly yours
"Paola M. Luptak
2295 Corporate Blvd. NW Suite 240 Boca Raton, FL 33431 (407) 998-8171 FAX (407) 998-7767
FELNER CONSTRUCTION, INC.
625 Auburn Circle West
Delray Beach, Florida 33444
(561)496-2000
(561) 265-4935~A
CGCA02243
November 11, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hal!.
100 N.W. First Avenue
Dekay Beach, FL 334d4
Re: Initiative to Increase Density in Selected Areas of the Central Business District
Dear Diane:
It has come to our attention that the City through a change in its local ordinances will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good plamaing to have our central city in'v{gor~ted with both retail
and residential uses. Please add our name to the list of supporters who want to see a downtown
with a well-rounded and diverse economic base.
Very truly yours, f~. . ~
W:\WORKhMSWAO I 0K)OMINGUE.N 11
November 17, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: Initiative to Increase Density in Selected Areas of the Central
Business District
Dear Diane,
It has come to our attention that the City, through a change in its local ordinances, will be
encouraging downtown residential development along Atlantic Avenue. I am in support
of these types of initiatives. It is only good planning to have our central city invigorated
with both retail and residential uses. Please add our name to the list of supporters who
want to see a downtown with a well-rounded and diverse economic base.
Sincerely,
Michael F. Morrell
Chairman of the Board/CEO
%?..
l) ,~,.! '....
,: ~(.'.
1903 S. Congress Ave. · Suite 400 · Boynton Beach, FL 33426 · 561/737-2227 · 561/737-5008 FAX
November 1I, 1997
Ms. Diane Dominguez
Division of Planning 8: Zoning
City Hall
100 N.W. First Avenue
De[ray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District
Dear Diane:
It has come to our attention that the City through a change in its local ordinances will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city invigorated with both retail
and residential uses. Please add our name to the list of supporters who want to see a downtown
with a well-rounded and diverse economic base.
Very truly yours,
W:\WORK~MS WA010xDOMINGUE.N 11 . ,.,'~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # IOF- REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. .3-98 (EMERGENCY MEDICAL TRANSPORTATION
FEES )
DATE: JANUARY 15, 1998
This is second reading and a public hearing for Ordinance No. 3-98
which amends Section 96.66 of the City Code by adjusting the fee
schedule for emergency medical transportation in accordance with
the Inflation Index Charge (I.I.C.) for 1998.
The Fire Department has been notified that the I.I.C. for 1998,
applicable to Medicare services and fee schedules, will be a 2.1%
increase. To stay within the Medicare allowances, the following
increases are recommended:
From T__q
Advanced Life Support $290.00 $296.00
Basic Life Support $215.00 $215.00'
Mileage Fee $5.30/mile $6.00/mile
*No increase is recommended for the Basic Life Support transport
fee since the current fee of $215.00 is near the top range in
comparison with other Emergency Medical Service agencies in the
area.
The increase will be retroactive to January 1, 1998.
At first reading on January 6, 1998, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 3-98 on second and final
reading.
ref: agmemol8
ORDINANCE NO. 3-98
A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING C~IAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 96.66, "EMERGENCY MEDICAL
TRANSPORTATION FEES", SUBSECTION 96.66(A), TO
REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL
TPOkNSPORTATION IN ACCORDANCE WITH THE INFLATION
INDEX CHARGE FOR 1998; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, on January 17, 1995, the City Commission
adopted Ordinance No. 5-95, which enacted a new Section 96.66 of
the City Code to provide for emergency medical transportation
fees; and
WHEREAS, pursuant to Section 96.66(B) of the City Code,
the City Commission may adjust fees annually pursuant to the
Inflation Index Charge (I.I.C.) which is used by Medicare to
determine appropriate fee changes; and
WHEREAS, the City Commission has been notified that the
Inflation Index Charge (I.I.C.) for 1998, applicable to Medicare
services and fee schedules, will be a 2.1% increase.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That Chapter 96, "Fire Safety and Emergency
Services", Section 96.66, "Emergency Medical Transportation
Fees", Subsection 96.66(A), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(A) The following service charges or fees are levied for
provision of emergency medical transportation:
(1) Advanced Life Support
transportation fee ~9~/~ $296.00
(2) Basic Life Support
transportation fee $215.00 $215.00
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 work 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 as of January 1, 1998.
PASSED AND ADOPTED in regular session on second and
final reading on this the 20th day of January , 1998.
' city C~rk ~
First Reading January 6, 1998
Second Reading January 20, 1998
2 Ord. No. 3-98
[lTV OF DELRI1¥ BEI:II:H
FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
pE, L Y,
~MEMORANDUM 2' ~---':~ Y .~./.:
1993 TO: DAVID T. HARDEN, C[TY MANAGER "'~?' '
FROM: ROBERT B. R~HR, FIRE CHIEF
DATE: DEC£MBER ]5, ]99?
SUBJECT: ADJUSTMENT OF EMS TRANSPORT FEES
We have been notified that the inflation index Charge (i.I.C.) for 1998, applicable to
Medicare services and fee schedules, will be a 2.1% increase. According to City of Delray Beach
Ordinance No. 5-95, Section 96.66, Emergency Medical Transport Fees, Sub-Section B:
"The City_ Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.)
which is used by Medicare to determine the appropriate fee charges."
It is our recommendation that an increase be granted effective January 1, 1998. This will
allow us to keep up with the changes in Medicare allowances. I suggest we put this on the next
Commission Meeting agenda, if it meets with your approval. The following shows what percentage
charges would be for each charge:
PRESENT FEE 2. I% INCREASE TOTAL RECOMMEND
ALS $ 290.00 $ 6.09 $ 296.09 $ 296.00
BLS $ 215.00 $ 4.52 $ 219.52 $ 215.00'
Mileage $ 5.30 $ .11 $ 5.41 $ 6.00*
·We are not requesting a change in the BLS rate as we are near the top range compared to other
EMS agencies. Our mileage recommendation coincides with the fee billed by other EMS agencies.
if you would like to move forward with this proposal I will do the appropriate paper work for
the Commission agenda.
Fire Chief
Attachment ~'L: % ~(~
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BI~ACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
Sheet1
RATES CHARGED BY PALM BEACH COUNTY EMS AGENCIES:
ALS BLS MILEAGE OXYGEN
Greenacres Public Safety $270.00 $190.00 $5.50
Riviera Beach Fire Rescue $270.00 $6.00 $25.00
*Riviera currently considering increase $310.00
Boca Raton Fire Rescue $272.00 $170.00 $5.80 $25.00
Noah Palm Beach Public Safety $285.00 $285.00 $6.00 $25.00
Royal Palm Beach F.D. $286.00 $4.00
Boynton Beach Fire Rescue $289.00 $6.50
Delray Beach Fire Rescue $290.00 $215.00 $5.30
Palm Beach Gardens F.D. $297.50 $5.50
Lake Worth Fire Rescue $310.00 $6.10
Palm Beach County Fire Rescue $310.00 $210.00 $7.00
West Palm Beach F.D. $310.00 $6.00
Jupiter Medical Center $316.00 $256.00 $6.25 $30.00
American Medical Rescue $317.70 $218.40 $6.80 $28.10
Even~lades Regional Medical $335.25 $255.00 $9,00
Page I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,.dP?~
SUBJECT: AGENDA ITEM # IO~- REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 5-98 (DRIVEWAY AND SIDEWALK CONSTRUCTION
REQUIREMENTS)
DATE: JANUARY 16, 1998
This is second reading and a public hearing for Ordinance No. 5-98
which amends LDR Sections 6.1.3(C), "Sidewalk Construction
Requirements", and Section 6.1.4(C), "Driveway Construction
Requirements", to provide for the use of alternative surface types
when approved by the City Engineer. It also adds language that
clarifies what material the City is obligated to replace within
the right-of-way in the event the City has to do maintenance work.
The Planning and Zoning Board considered the text amendments at a
public hearing on December 15, 1997, and voted unanimously to
recommend approval with modified language as to the use of loose
stone on private property only. At first reading on January 6th,
the Commission passed the ordinance by unanimous vote.
The City Engineer has reviewed the proposed ordinance and is
recommending that additional language be added which would allow a
loose rock surface to the edge of pavement when no sidewalk is
present. Section 2 of the ordinance has been amended by modifying
the third sentence under Section 6.1.4(C) (1) to read, "When the
alternative surface is loose rock (i.e. Chatahoochee) and there is
a sidewalk in front of the property, the loose rock shall be
limited to the private property side of the sidewalk (no loose
stone in the right-of-way)."
Recommend approval of Ordinance No. 5-98, as amended, on second
and final reading.
ref:agmemo23
ORDINANCE NO. 5-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 6.1.3(C),
"SIDEWALK CONSTRUCTION REQUIREMENTS", AND SECTION
6.1.4(C), "DRIVEWAY CONSTRUCTION REQUIREMENTS", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR THE USE OF ALTERNATIVE
SURFACE TYPES FOR DRIVEWAYS AND SIDEWALKS WHEN
APPROVED BY THE CITY ENGINEER; PROVIDING A GENEP~AL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on December 15, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements", Section
6.1.3, "Sidewalks", Subsection 6.1.3(C), "Sidewalk Construction
Requirements", of the Land Development Regulations of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 6.1.3 Sidewalks:
(C) Sidewalk Construction Requirements:
(1) Sidewalks shall be constructed with concrete.
However, when the sidewalk is to function both as a pedestrian way
and a bicycle pathway it may have concrete or asphalt as its finished
surface.
(2) Concrete sidewalks, which are located in
driveways, shall have a minimum depth of ~ six (6") inches~ ~yy
~/~/~/~/6~/~/~/~~/~/~~/~ contain #t0 x #10
wire mesh~ ~/~/~~/~/~/~~ and shall be constructed
of Class I concrete with a minimum strength of 3,000 p.s.i.
(3) Sidewalks shall be constructed through asphalt
driveways.
(4) Sidewalks shall be constructed prior to the
issuance of a certificate of occupancy for the property upon which
they abut. However, installation of sidewalks within a residential
subdivision may be deferred pursuant to an agreement which provides
for the installation of a majority of the sidewalks at a given point
in time. The Local Planning Agency may require that all sidewalks be
installed within a development either at a time certain or upon
reaching a certain percentage of build-out of the development.
Section 2. That Chapter Six, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements", Section
6.1.4, "Driveways and Points of Access", Subsection 6.1.4(C),
"Construction Requirements", of the Land Development Regulations of
the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 6.1.4 Driveways and Points of Access:
(C) Construction Requirements:
(1) Driveways may be constructed of concrete or
asphalt. In addition, the City Enqineer may approve an alternative
surface tyT)e includinq, but not limited to, stamped concrete which
creates a noticeable pattern in the finished product. When the
alternative surface is loose rock (i.e. Chatahoochee) and there is a
sidewalk in front of the property, the loose rock shall be limited to
the private property side of the sidewalk (no loose stone in the
riqht-of-way). If the City has to perform maintenance within the
riqhts-of-wa¥, any displaced stamped concrete will be replaced with a
smooth, non-colored, non-stamped finish. At the discretion of the
City Enqineer, the stamped surface may be replaced with a similar
stamped surface if the additional cost (over and above smooth,
non-colored, non-stamped finish) is borne by the abuttinq property
owner. Alternative surfaces other than stamped concrete will be
replaced with material at the discretion of the City Enqineer.
(2) Driveways shall include that portion of the
street located between the travelway (traffic lanes) and private
property and said area shall be paved or improved with an alternative
surface as approved by the City Enqineer.
(3) If an alternative driveway surface other than
concrete is selected, the subbase is to comply with standards
outlined in LDR Section 6.1.2(C).
- 2 - Ord. No. 5-98
(4) Maintenance of concrete, asphalt or alternative
surface driveways constructed within the riqht-of-way is the
responsibility of the abutting property o~er.
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 its passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 20th day of January , 1998.
ATTEST:
City ~l~k r
First Reading January 6, 1998
Second Reading January 20, 1998
- 3 - Ord. No. 5-98
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer~/_/.~~
!
DATE: 15-Jan-98
SUBJECT: Second Reading of
LDR Amendments to Section 6.1.4(C)
Driveway Construction Requirements and
Section 6.1.3(C) Sidewalk Construction Requirements
I have reviewed the proposed LDR changes to Section 6.1.4 (C) Driveways and Points
of Access Construction Requirements and would like to offer additional language.
Section 6.1.4 (C) (1) discusses construction requirements for driveways. The proposed
language states that "when the alternative surface is loose rock (i.e. Chatahoochee) it
shall be limited to private property (no loose stone in the right-of-way)".
This will work when a sidewalk exists across the front of the property in question, but
will be very difficult when no sidewalk is present. Requiring any property owner to stop
one surface type at the right-of-way and change to another surface type will be difficult
to construct, monitor and it will not give a uniform appearance to the property or
driveway. Imagine a house on the island, where no sidewalk exists, having to change
from a loose rock surface to a hard surface at some imaginary line (called the right-of-
way line).
I am proposing that the third sentence in subsection 4.1.6 (C) (1) be modified to allow a
loose rock surface to the edge of pavement when no sidewalk is present. If a sidewalk
exists, or one is constructed across a loose rock driveway, then the ddveway approach
apron shall have a concrete or asphalt surface.
Thank you.
cc Richard Hasko, P.E., Acting Director of Environmental Services
Diane Dominguez, Director of Planning and Zoning
City Manager File
$:[.. VettemVtk~citymg~sLmern
TO: DAVID T. HARDEN
CITY MANAGER
THRU:
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, P-RINClPAL PLANNER
SUBJECT: MEETING OF JANUARY 6, 1998
LDR AMENDMENTS TO SECTION 6.1.4(C) DRIVEWAY
CONSTRUCTION REQUIREMENTS AND SECTION 6.1.3(C)
SIDEWALK CONSTRUCTION REQUIREMENTS
The action requested of the Commission is that of approval of LDR changes to
LDR Sections 6.1.4(O) Driveway Construction Requirements and 6.1.3(C)
Sidewalk Construction Requirements relating to alternative surface types for
driveways and sidewalks.
The current wording in the LDR's allows driveways to be constructed of concrete
and asphalt only. Many residential properties currently utilize alternative
surfaces such as paver bricks or stamped concrete. In addition, the Engineering
Division receives regular requests to construct driveways with surfaces other
than currently allowed such as loose Chatahoochee rock.
The proposed amendments would allow the City Engineer at his discretion to
approve alternative surfaces where appropriate. The proposed amendment also
adds language that clarifies what material the City is obligated to replace within
City Commission Documentation
LDR Amendments Relating to Section 6.1.4(C) Driveway Construction Requirements & Section
6.1.3(C) Sidewalk Construction Requirements.
Page 2
the right-of-way in the event the City must do any maintenance work. This
language is required to address the proliferation of stamped concrete surfaces.
Permits for concrete driveways are being issued and individual homeowners are
having contractors "stamp" a pattern in the concrete before it cures. The City is
unable to match the many different stamped designs of driveways that extend
into the right-of-way to the pavement edge. The proposed language will identify
that any portion of driveways located within the rights-of-way that is removed
because of maintenance work will be replaced with a smooth, non-colored, non-
stamped finish. However, if the abutting property owner is willing to bear the
additional costs (over and above replacement with smooth, non-colored, non-
stamped surface) the stamped surface may be replaced with a similar stamped
finish at the discretion of the City Engineer.
The LDR Section 6.1.3(C) dealing with sidewalk construction is also being
amended to clarify the construction requirements for sidewalks at the point they
cross driveways.
The Planning and Zoning Board considered the request at their October 20,
1997 meeting and expressed concerns with the language involving replacing all
stamped surfaces in the right-of-way with non-stamped smooth surfaces. The
Board felt that if the property owner agreed to incur the additional cost an option
to replace the driveway with a similar stamped surface should be available.
Language accomplishing this was added and the Board again considered the
request at their December 15, 1997 meeting. At that meeting the Board
recommended alternative stone surfaces be limited to the private property and
not within the right-of-way driveway aprons due to concerns with spill over into
the street. The Board recommended approval of the LDR amendment as
modified on a unanimous 6-0 vote.
By motion, adopt the LDR changes to Section 6.1.4(C) Driveway Construction
Requirements and Section 6.1.3(C) Sidewalk Construction Requirements.
Attachment:
· Proposed Changes to LDR Sections 6.1.4(C) & 6.1.3(C)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ION- REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 7 - 98 (CHANGE IN PUBLIC SERVICE TAX
ORDINANCE)
DATE: JANUARY 15, 1998
This is second reading and a public hearing for Ordinance No. 7-98
which amends Chapter 50, "Utilities Generally; Public Service
Tax", of the City Code to comply with changes made in the state
law regarding taxation of telecommunication services.
On May 30, 1997, House Bill No. 1275 became law. This bill
revised the record keeping requirements and procedures that
municipalities and sellers of utilities must comply with. The
statute primarily addresses changes in time periods for adopting
or levying a public service tax, information required to be
gathered and stored by the municipality and by the seller of
utility services, auditing procedures and administrative
procedures.
At first reading on January 6, 1998, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 7-98 on second and final
reading.
ref:agmemo21
ORDINANCE NO. 7-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CFIAPTER 50,
"UTILITIES GENERALLY; PUBLIC SERVICE TAX", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 50.15, "LEVY OF TAX", AND SECTION
50.18, "RECORDS REQUIRED; RIGHT TO INSPECT", TO
COMPLY WITH CHANGES MADE IN THE STATE LAW REGARDING
TAXATION OF TELECOMMUNICATION SERVICES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is authorized by state
and local law to levy a tax on telecommunication services; and
WHEREAS, the State has amended the statute governing the
levy of taxes on telecommunication services; and
WHEREAS, the City Commission of the City of Delray Beach
desires to conform its ordinances to Chapter 97-233 of the Laws of
Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 50,
"Utilities Generally; Public Service Tax", Section 50.15, "Levy of
Tax", of the Code of Ordinances of the City of Delray Beach is hereby
amended to read as follows:
Section 50.15 LEVY OF TAX.
(A) Electricity and Gas.
(1) (a) The City hereby levies a tax on the purchase of
electricity and metered or bottled gas (natural liquefied petroleum
gas or manufactured). The tax shall be levied only upon purchases
within the City in the amount of 8.7% of the payments received by the
seller of the taxable item from the purchaser for the purchase of
metered or bottled gas (natural liquefied petroleum gas or
manufactured), and in the amount of 9.7% of the payments received by
the seller of the taxable item from the purchaser for the purchase of
electricity.
(b) For each residential dwelling unit, the first 90
kilowatt hours of electricity purchased each month for residential
use shall be exempt from the tax levied by this subsection.
(c) This tax shall not be applied against any fuel
adjustment charge, and such charge shall be separately stated on each
bill. The term "FUEL ADJUSTMENT CHARGE" means all increases in the
cost of utility services to the ultimate consumer resulting from an
increase in the cost of fuel to the utility subsequent to October 1,
1973.
(d) This tax shall in every case be paid by the
purchaser, for the use of the City, to the seller of such electricity
or gas at the time of paying the charges therefor to the seller
thereof, but not less often than monthly.
(2) To the extent such sums are not otherwise required to
meet current or future utility tax certificate bond covenants, and/or
debt service on same, that portion of the revenues attributable to
the increase in the tax from 7.5% to 8.7% shall be transferred
monthly to the City of Delray Beach Beautification Program, to be
used for capital and operating expenses incurred in projects for the
beautification of the public rights-of-way within the City and the
maintenance of such beautification projects. Any revenues
transferred to such Fund in excess of Fund expenditures in any fiscal
year shall be retained and reappropriated in the Fund in the next
fiscal year, such use being subject to the prior lien enjoyed by the
holders of outstanding and future parity obligations of the City
secured by the utility services tax of the city.
(3) Services competitive with those enumerated in division
(A) (1) above or in division (B) shall be taxed on a comparable base
at the same rates. However, because this City imposes a tax which is
less than the maximum rate of 10% allowable by F.S. Section
166.231(1), the maximum tax on fuel oil shall bear the same
proportion to $.04 per gallon which the tax rate of 8.7% levied under
division (A) (1) (a) bears to the maximum rate of 10% allowable by F.S.
Section 166.231(1).
(4) The purchase of natural gas or fuel oil by a public or
private utility, either for resale or for use as fuel in the
generation of electricity, or the purchase of fuel oil or kerosene
for use as an aircraft engine fuel or propellant or for use in
internal combustion engines is exempt from taxation hereunder.
(5) The City hereby exempts from taxation hereunder the
purchase of the taxable items by the United States Government, this
state, and all counties, school districts, and municipalities of the
state, and by public bodies exempted by law or court order, or any
other public body as defined in F.S. Section 1.01 and shall exempt
purchases by any recognized church in this state for use exclusively
for church purposes.
- 2 - Ord. No. 7-98
(6) The tax authorized hereunder shall be collected by the
seller of the taxable item from the purchaser at the time of the
payment for such service. The seller shall remit the taxes collected
to the City in the manner prescribed by this subchapter and by F.S0
Section 166.231(7).
(B) Telecommunications Services.
(1) Definitions. For purposes of this division (B), the
following definitions shall apply:
(a) "PURCHASE." Every act or transaction whereby
possession or utilization of, or control over taxable
telecommunications services become vested in the purchaser within the
City for which payment is made pursuant to a duty and obligation
therefor. However, such term shall not pertain to, nor include any
such act or transaction when undertaken or performed by an agency or
instrumentality of the United States Government, the State of
Florida, the county, a municipality, by public bodies exempted by law
or court order, or a recognized church in the state if used
exclusively for church purposes; nor shall such term apply to
purchases of local telephone service or other telecommunication
service for use in the conduct of a telecommunications service for
hire or otherwise for resale.
(b) "PURCHASER." Every person legally liable for the
payment of taxable telecommunication services rendered to him by a
seller, unless such person is an agency or instrumentality of the
United States Government, the State of Florida, the county, a
municipality, a public body exempted by law or court order, or a
recognized church in this state using taxable telecommunication
services exclusively for church purposes, or a purchaser of local
telephone service or other telecommunication services for use in the
conduct of a telecommunication service for hire or otherwise for
resale.
(c) "PURCHASE WITHIN THE CITY." A purchase is within
the City if the communication originates or terminates within the
City and is billed to a purchaser, telephone or telephone number, or
telecommunications number or device within the City.
- 3 - Ord. No. 7-98
(d) "SET.T.R~." Every person rendering taxable
telecommunications services to any purchaser thereof.
(e) "TAXABLE T~T~COMMUNICATION SERVICES." Purchases
within the City of telecommunication services which originate and
terminate in this state. However, if the location of origination and
termination of telecommunication service cannot be determined as part
of the billinq process, the taxable telecommunication service shall
be the total amount billed to a telephone or telephone number,
telecommunication number or device, a service address or a customer's
billing address located within the City. Such taxable
telecommunication services shall not include public telephone charges
collected on site, charges for any foreign exchange service or any
private line service except when such services are used or sold as a
substitute for any telephone company switch service or dedicated
facility by which a telephone company provides a communication path,
access charges, and any customer access line charges paid to a local
telephone company. Purchases within the City of telecommunication
services as defined in F.S. Section 203.012(5) (b) shall be taxed only
on the monthly recurring customer service charges, excluding variable
usage charges.
(2) Levy of Tax. There is hereby levied and imposed by
the City, upon every purchase in the City of taxable communications
~ services and competitive services, a public service tax which
shall be determined as follows:
(a) The tax shall be levied only upon purchases
within the City in the amount of seven percent (7%) of the payments
received by the seller of the taxable telecommunications services
from the purchaser for the purchase of such service within the City.
Services competitive with those enumerated above shall be taxed on a
comparable base at the same rates.
(b) When the seller, in accordance with its rules and
regulations, renders a bill to the purchaser to cover purchases made
during the period of time to which the bill is applicable, the amount
of public service tax shall be exclusive of governmental charges and
taxes shown on such purchases for the total amount.
(c) The seller is required and it shall be his duty
to render to the purchaser bills covering all such purchases made.
The amount of such public ~~ service tax shall be entered and
shown by the seller as a separate item on each such bill and shall
become due and payable to the City whenever the bill becomes due and
payable under the rules and regulations of the seller, provided and
to the extent that such bills are subsequently paid.
- 4 - Ord. No. 7-98
(d) The purchaser is required and it shall be his
duty to pay such public ~l~ service tax to the seller as agent
for the City at the time of the payment of each such bill. The
seller is hereby authorized and required and it shall be his duty to
collect such public ~I~ service tax from the purchaser at the
time of the payment of each bill and to remit the same to the Finance
Department of the City in accordance with the provisions hereinafter
stated.
(3) Exemptions. Purchases of the taxable
telecommunications services by the United States Government, the
State of Florida, the county, a municipality, school districts, by
public bodies exemDted by law or court order, any recognized church
in this state if used exclusively for church purposes, and purchases
of local telephone service or other telecommunication service for use
in the conduct of a telecommunication service for hire or otherwise
for resale are exempt from taxation under the terms of this division
(B).
(4) Seller Compensation. For the purpose of compensating
the seller of taxable telecommunications services, such seller shall
be allowed one percent (1%) of the amount of the tax collected for
such taxable telecommunication services and due to the City in the
form of a deduction from the amount collected for remittance. The
deduction is allowed as compensation for the keeping of records,
collection of the tax, and remitting the tax.
(5) Remittance of Tax to the City by Seller. Every seller
is hereby required to execute and file not later than the twentieth
day of each calendar month of the year at the office of the Finance
Department of the City a statement setting forth the amount of the
public ~I~ service tax on taxable telecommunication services to
which the City became entitled under the provisions hereof an account
of bills paid by purchasers during the preceding fiscal month, and
contemporaneously with the filing of such statements, shall pay the
amount of such public ~~ service tax on taxable
telecommunications services to the Finance Department of the City.
(6) Records to be Kept. Every seller is hereby required
to establish and maintain appropriate accounts and records of the tax
herein imposed as prescribed and required by the Federal
Communications Commission and the Public Service Commission. The
City may audit the records of any provider of telecommunications
service taxable by the City~//~/~/~~6~/~/~~6/~/~6
5 - Ord. No. 7-98
~¢/~/~/~/~a~¢~%~/ However, notwithstanding the provisions
of F.S. Section 119.%~07(1), any information received by the City in
connection with such an audit shall be confidential and not subject
to the Open Government Sunset Review Act in accordance with F.S.
Section 119.~07(1).
(7) Beautification Program. That portion of the revenues
which would have been attributable to any increase from 7.5% to 8.7%
in the utility tax on local telephone service previously provided in
division (A) of this section shall be earmarked and transferred
monthly to the City Beautification Program, to be utilized for the
purposes set forth in division (A) (2) of this section.
Section 2. That Title V, "Public Works" Chapter 50,
"Utilities Generally; Public Service Tax", Section 56.18, "Records
Required~ Right to Inspect", of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows:
Section 50.18 RECORDS REQUI~; PROCEDURES FOR INFOP~ING S~L~.~RS OF
TAX LEVIES; ADMINISTRATI~I~ PROVISIONS; RIGI~T TO INSPECT.
- 6 - Ord. No. 7-98
Ail records required to be kept by the City and seller(s) and
the right to inspect such records shall be governed by the provisions
of F.S. Sections 166.233 and 166.234.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of Janu.~ ~~98.
ATTEST:
-- -JCity-Cl~rk'
First Reading January 6~ 1998
Second Reading January 20, 1998
- 7 - Ord. No. 7-98
LEWIS, LONGMAN & WALKER, P.A.
A T T O R N E Y S A T L A W
ROBERT P. DIFFENDERFER 7B25 J~AYMEAOOW~ WAY · SUITE 125 JAMES W. LINN
KENNETH W. DODGE JACKSONVILLE. FLORIDA 322S6 ANNE LONGMAN
BRENNA MALOUF DURDEN 1904) '~37.2020 · FAX J~04) 7~7.3221 C~R! L. ROTH
WAYNE E. FLOWERS 12s .c~UTH GADSDEN STREET · SUITE 300 KENNETH G. SPILLIAS
JENNIFER L. FROST POST OFFICE BOX 10788 EDWIN A. STEINMEYER
KEVIN S. HENNESSY TALLAHASSEE. FLORIDA 32302 STEPHEN A. WALKER
R. STEVEN LEWIS issoi 222.5702 · FAX {850) 224-9242 MICHELLE WILLIAMS
TERRY E. LEWIS
1700 PALM 8EACH LAKES 8OULEVARD - SUITE
WEST PALM BEACH, FLORIDA 33401
15611 640-0820 · FAX (561) 640-8202
REPL~ ~o: Tallahassee
MEMORANDUM
To: Municipal and Fire District Clients
From: Jim Linn AL.
Re: Police/Firefighter Pension Legislation - Status Report
Date: January 16, 1998
There has been a good deal of discussion and behind the scenes activity over the past
few weeks concerning HB 3075 and SB 270-this year's union proposals to rewrite state
police and firefighter pension laws. It now appears that HB 3075 will be heard by the
House Law Enforcement and Public Safety Committee on February 3.
All local governments with police and/or firefighter pension plans are urged to
contact members of the House Law Enforcement Committee and express their concerns
about HB 3075. A list of Committee members is attached.
Also attached is a condensed version of potential problems with this legislation from
the local government perspective.. Not all of the problems highlighted will affect every plan.
Feel free to use the attached summary when contacting legislators, but try to be as specific
as possible in relating your concerns to your pension plans. Cost impacts will be especially
effective.
In view of the sponsors of HB 3075 (including Speaker-Designate John Thrasher and
Law Enforcement Committee Chair Howard Futch), the chances of killing the bill outright
are slim. However, several members of the Law Enforcement Committee are receptive to
some of the amendments we have proposed (outline attached), and I will be working closely
with other local government representatives over the next two weeks to refine and add to
the amendment package.
January 16, 1998
Page -2-
Meanwhile, it does not appear that SB 270 will be heard by the Senate Community
Affairs Committee until late February or March.
I will continue to keep you apprised of all developments concerning this legislation,
and would appreciate hearing from you if you receive feedback (positive or negative) from
any legislators. Please feel free to call me if you have any questions.
Attachments
LEWIS, LONGMAN & WALKER, P.A.
A T T O R N E Y S A T L A W
ROBERT P. DIFFENDERFER 7825 BAYMEADOW~ WAY · SUITE 125 JAMES W. UNN
KENNETH W. EX3C)GE /ACICSONVILLE. FLORIDA .32256 ANNE LONGA~RN
BRENNA MALOUF DURDEN i904l 737-2020 · FAX (904) 737-3221 CARl L. ROTH
WAYNE E. FLOWERS 125 SOUTH GADSDEN STREET · SUITE 300 KENNETH G. SPILLIAS
JENNIFER L FROST POST OFFICE BOX 10788 EDWIN A. STEINMEYER
KEVIN S. HENNESSY TALLAHASSEE. FLORIDA 32302 STEPHEN A. WALKER
R. STEVEN LEWIS (ssoi 222-5702 · FAX (SSOI 224..9242 MICHELLE WILLIAMS
TERRY E. LEWIS
1700 PALM BEACH LAKES BOULEVARD · SUITE 1000
WEST PALM BEACH, FLORIDA 33401
(561) 640-0820 ° FAX (561) 640-8202
REPLY TO: Tallahassee
HB 3075 (POLICE/FIREFIGHTER PENSION PLANS)
ISSUES OF CONCERN TO LOCAL GOVERNMENTS
by Jim Linn
January 16, 1998
1. Actuarial study - Before the legislature mandates changes in local pension plans,
a comprehensive actuarial study should be conducted to determine the cost impact on each
local government that would be affected. Such a study is required before any change in
state retirement benefits; the same logic should apply to changes in local pension benefits.
This study could be paid for from the interest on the police./firefighter pension trust fund,
which now goes into the state general revenue fund.
2. Alternative Compliance - many local law plans have overall benefit levels that
far exceed the minimums required by Chapters 175 and 185, but do not contain the
definitions and other provisions applicable to chapter plans. If minimum benefit levels are
increased, or if chapter plan requirements are made applicable to local law plans, an
alternative compliance mechanism should be established whereby local law plans would
be deemed in compliance if they submit a statement from an enrolled actuary certifying that
the actuarial value of total plan benefits meets or exceeds the actuarial value of the required
minimums.
3. Definition of "salary" - The definition of "salary" for police officers in HB 3075
could require that all types of payments, including overtime, educational incentive pay,
terminal leave payments, and pay for off-duty security work, be included in an officer's
compensation for pension purposes. At least 72 local law police pension plans currently
exclude some of these payments from compensation for pension purposes, and would be
directly impacted by a requirement that they comply with the definition in HB 3075.
4. Disability Benefits - under current law, all police and firefighter pension plans
must provide disability benefits, but the level of benefits is determined at the local level.
This local determination should be retained. HB 3075 would require all local plans to
comply with the minimum benefits applicable to chapter plans. This would prohibit local
law plans from capping the total amount of workers' compensation and disability pension
benefits a police officer or firefighter could receive at 100'/, of pre-disability pay, or from
offsetting other types of benefits and income.
,5. "Extra Benefits" - HB 3075 would overrule a court decision which held that
"extra benefits" should not be based on a comparison with general employees. If the
current provision on extra benefits is amended, it should clearly state that any such benefits
are subject to approval by the local government.
6. Pension Board Composition and Powers - Local governments are ultimately
responsible for funding pension benefits. Moreover, local governments contribute more than
56% of all required contributions to the plans. It is only reasonable that local governments
should appoint a majority of members to the pension boards, and that local governments
should select the board's attorney and actuary. In addition, pension board powers should
be limited to plan administration, and should not extend to recommending benefit increases.
7. Collective Bargaining - retirement benefits are a mandatory subject of
collective bargaining negotiations. State legislation should not force local governments to
change pension plan provisions that have been negotiated with local police and firefighter
unions.
8. Keep Local Government Participation Optional - under current law, local
governments can elect not to participate in the Chapter 175/185 funding mechanism, and
thereby establish pension plans that do not comply with these chapters. This optional
participation provision should be expressly provided in the statutes.
9. Special Problems for Smaller Cities and Fire Control Districts:
A. The Chapter 1 75 formula for disbursement of premium taxes (50% of the
taxes collected or 6% of the "fire department payroll") should be examined, and tax
collection procedures should be revised to ensure an accurate accounting of taxes collected
in all areas. For example, this year the City of Bradenton received nearly $300,000 in
premium tax revenues, while the neighboring Cedar Hammock Fire District, with a
population similar to Bradenton's, received only $17,000.
B. Requiring all fire departments to use fire fighting apparatus that complies
with National Fire Protection Association Standards for Automotive Fire Apparatus as a
condition of receiving Chapter 175 premium tax revenues is not reasonable or appropriate.
Many smaller fire departments have older equipment that no longer complies with current
NFPA standards. This requirement could be very costly, and would put the Division of
Retirement in the position of enforcing fire equipment standards.
UN LAW ~INrU~L, Llvtr_.~'~ t OU
PUBLIC SAFETY
Representative Howard E. Futch, Chair
STAFF:
Kurt Ahrendt, Chief Legislative Research Director
Shirley Proctor, Committee Administrative Assistant
Phone Number: 904-414-6696 Suncom: 994-6696
Fax Number: 904-414-6874 Suncom: 994-6874
REPRESENTATIVES:
Representative Howard Futch Representative Margo Fischer
Chair Legislative Assistant: Cheryl Forchilli
Legislative Assistant: Tim Franta Tallahassee
Tallahassee 407 House Office Building
320 House Office Building Tallahassee. Florida 32399-1300
Tallahassee. Florida 32399-1300 District
District 696 1st Avenue North
Post Office Box 33198 Suite 302
Indialantic 32903-0198 St. Petersburg. Florida BB 701-3610
Phone Number: 407-676-6025 Phone Number: 813-893-1700
Suncom: 350-5353 Fax Number: 813-893-1702
Fax Number: 407-722-5354
Representative Paula Dockery Representative Charlie Sembler
Legislative Assistant: Matt Mucci Legislative Assistant: Dawn Smith
Tallahassee TaJlahassee
1201 Capitol 218 House Office Building
Tallahassee, Florida 32399-1300 Tallahassee, Florida 32399-1300
District District
1820 South Florida Post Office Box 2380
I~keland. Florida 33803 Veto Beach, Floricla 32961-2380
Phone Numberi 941-284-4525 Phone Number: 561-778-5077
Fax Number: 941-683-8843 Suncom: 240-5077
Fax Number: 561-778-7210
Representative Jack Tobin Representative Carlos Valdes
Legislative Assistant: Rona Silberman Legislative Assistant Tara Wainwright
Tallahassee Tailahassee
1402 Capitol 432 House Office Building
Tallahassee, Florida 32399-1300 Tallahassee, Florida 32399-1300
District District
4800 West Copans Road Suite 201
Coconut Creek, Florida 33063-3879 7175 S.W. 8th Street
Phone Number: 954-975-0088 Miami, Florida 33144-467 l
Suncom: 451-5096 Phone Number: 305-267-013't
Fax Number: 954-497-2882 Suncom: 479-7~ic~8
[ITY I]F DELIlI:IY BEI:I£H
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7~1
p~L~ ,~A~q MEMO~ND~
~ll.~d~a ~i~ DATE: J~u~y 15, 1998
1993 FROM: Sus~ A. Ruby, City Attorney
SUBJECT: Tare v. Ci~ of Delray Beach and Lake Worth Drainage District
The pu~ose of ~is memorandum is to call for a closed attorney-client session pursuant to
Florida Sta~tes 286.011(8) for ~e Janua~ 20, 1998 Ci~ Co~ission meeting to discuss
settlement negotiatiom and strategy related to litigation expenditures in ~e above case.
Strict compliance wi~ Florida Statutes Section 286.011(8) is required by law. Therefore,
prior to ~e co~encement of ~e closed attorney-client session ~e Mayor should read ~e
following:
"The Ci~ has scheduled a closed attorney-client session pursuant to Florida
Statutes Section 286.011(8) in ~e case of Stafley Tate vs. ~e Ci~ of
Delray Beach and Lake Wor~ Drainage District. The estimated leng~ of
the closed session shall be 30 m~utes. The following perso~ will be
attending: Mayor Jay Alperin, Co~issioners Ken Ellingswor~, David
Randolph, Kevin Egan, David Sc~idt, Ci~ Manger David H~den, Ci~
Attorney Susan Ruby, Assistant Ci~ Attorney David Tolces, Bill Doney,
lawyer for ~e CiW, and a certified court reporter."
After ~e closed session is over, ~e Mayor should a~ounce ~at ~e re~lar meeting is
reopened, and ~e closed session is te~inated.
By copy of ~is memor~dum to David Harden, our office requests ~at ~e agenda be
prepared giving reasonable public notice of ~e t~e and date of ~e closed attorney-client
session for January 20, 1998 and ~at ~e agenda item include ~e n~e of ~e case, ~e
~es set for~ above of ~ose persons attending ~e session, and identi~ ~e item as a
closed door session pursuant to Florida Statute 286.011. Our office will arrange for a court
reporter to be present as required by statute. Attached is a copy of Fla. Stat. 286.011.
~id Hgden, City Mamger
Alison MacGregor Har~, Ci~ Clerk
David Tolces, Assistant Ci~ Attorney
Bill Doney, Esq.
Sun Coast Reporters
tatl4.sar
:~,., F.S. 1995 PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS Ch. 286
based. The reouirements of this section do not apply to appeals any court order which has found said board.
.....: the notice provided in s. 200.065(3). commission, agency, or authority to have violated this
,,~,~ Histow.-~. ~, ch. ~o-~5o: s. ~4. ch. aa-2~ ~. ~9. ch. ~-~. section, and such order is affirmed, the court shall
assess a reasonable attorney's fee for the appeal
286.011 Public meetings and records; public against such board, commission, agency, or authority.
inspection; criminal and civil penalties.-- Any fees so assessed may be assessed against the indi-
(1) All meetings of any board or commission of any vidual member or members of such board or commis-
state agency or authority or of any agency or authority sion; provided, that in any case where the board or corn-
of any county, municipal corporation, or political subdivi- mission seeks the advice of its attorney and such advice
sion, except as otherwise provided in the Constitution, is followed, no such fees shall be assessed against the
at which official acts are to be taken are declared to be
individual member or members of the board or commis-
public meetings open to the public at all times, and no
resolution, rule, or formal action shall be considered sion. '.
binding except as taken or made at such meeting. The (6) All persons subject to subsection (1) are prohib-
board or commission must provide reasonable notice of ired from holding meetings at any facility or'location
which discriminates on the basis of sex, age, race,
all such meetings.
~ , (2~ The minutes of a meeting of any such board or creed, color, origin, or economic status or which oper-
commissIon of any such state agency or authority snail ales in such a manner as to unreasonably restrict public
access to such a facility.
be promptly recorded, and such records shall be open
to public inspection. The circuit courts of this state shall (7) Whenever any member of any board or commis-
:' have jurisdiction to issue injunctions to enforce the pur- sion of any state agency or authority or any agency or
poses of this section upon application by any citizen of authority of any county, municipal corporation, or politi-
cal subdivision is charged with a violation of this section
·: ' ~his state, and is subsequently acquitted, the board or commission
(3)(a) Any public officer who violates any provision is authorized to reimburse said member for any portion
of this section is guilty of a noncriminal infraction, pun- of his or her reasonable attorney's fees.
isnable by fine not exceeding $500.
(b) Any person who is a member of a board or corn- (8) Notwithstanding the provisions of subsection (1),
? mission or of any state agency or authority of any any board or commission of any state agency or author-
:.- county, municipal corporation, or political subdivision ity or any agency or authority of any county, municipal
corporation, or political subdivision, and the chief admin-
who knowingly violates the provisions of this section by istrative or executive officer of the governmental entity,
:- attending a meeting not held in accordance with the pro-
may meet in private with the entity's attorney to discuss
visions hereof is guilty of a misdemeanor of the second pending litigation to which the entity is presently a party
degree, punishable as provided in s. 775.082 or s.
775.083. before a court or administrative agency, provided that
(c) Conduct which occurs outside the state which the following conditions are met:
: ! would constitute a knowing violation of this section is a (a) The entity's attorney shall advise the entity at a
public meeting that he or she desires advice concerning
~- I mIsdemeanor of the second degree, punishable as pro-
~,-. ! vided in s. 775.082 or s. 775.083. the litigation.
(4) Whenever an action has been filed against any (b) The subject matter of the meeting shall be con-
. fined to settlement negotiations or strategy sessions
;:' board or commission of any state agency or authority or related to litigation expenditures.
.[. j any agency or authority of any county, municipal corpo- (c) The entire session shall be recorded by a certi-
;;~ j ration, or political subdivision to enforce the provisions fled court reporter. The reporter shall record the times
-' of this section or to invalidate the actions of any such
board, commission, agency, or authority, which action of commencement and termination of the session, ail
was taken in violation of this section, and the court discussion and proceedings, the names of all persons
determines that the defendant or defendants to such present at any time, and the names of ail persons speak-
action acted in violation of this section, the court shall lng. No portion of the session shall be off the record. The
assess a reasonable attorney's fee against such court reporter's notes shall be fully transcribed and filed
agency, and may assess a reasonable attorney's fee with the entity's clerk within a reasonable time after the
against the individual filing such an action if the court meeting.
finds it was filed in bad faith or was frivolous. Any fees (d) The entity shall give reasonable public notice of
so assessed may be assessed against the individual the time and date of the attorney-client session and the
names of persons who will be attending the session. The
member or members of such board or commission; pro-
vided, that in any case where the board or commission session shall commence at an open meeting at which
seeks the advice of its attorney and such advice is fbi- the persons chaidng the meeting shall announce the
lowed, no such fees shall be assessed against the indi- commencement and estimated length of the attomey-
vidual member or members of the board or commission, client session and the names of the persons attending.
At the conclusion of the attorney-client session, the
However, this subsection shall not apply to a state attor-
ney or his or her duly authorized assistants or any officer meeting shall be reopened, and the person chaidng the
charged with enforcing the provisions of this section, meeting shall announce the termination of the session.
(5) Whenever any board or commission of any state (e) The transcript shall be made part of the public
agency or authority or any agency or authority of an.y record upon conclusion of the litigation.
county, municipal corporation, or political subdivision
5O3