08-04-98 Regular D~L~AY BEACF
Ali-America City
AUGUST 4, 1998 - 6:00 P.M./PUBLIC HEARING 7~.00 P.M. ~11~
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less. The Mayor or presiding officer has discretion to adjust
the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Regular Meeting of July 21, 1998
6. Proclamations: None
7. Presentations:
A. Ron Nyhan, Delray Beach Playhouse - 'Employee Appreciation Day'
B. Employee Suggestion Award to Don Haley, Water Treatment Plant
Manager, for his cost saving idea to exchange potable and raw
water mains resulting in increased transfer capacity to the
North Reservoir storage facility.
C. Resolution No. 48-98 recognizing and commending John P. Walker
for his years of dedicated service to the City of Delray Beach.
D. Senator Ron Klein - Legislative Update (expected arrival 6:45
to 7:00 p.m.)
8. Consent Agenda: City Manager recommends approval.
A. INITIATION OF REZONING/TWO LOTS ASSOCIATED WITH THE LEON M.
WEEKES ENVIRONMENTAL PRESERVE: Initiate the rezoning of Lots
262 and 263 of Tropic Palms Plat No. 1 from R-1AA (Single
Family Residential) to OSR (Open Space and Recreation) in
conjunction with development of the Leon M. Weekes
Environmental Preserve.
B. CHATEAU WOODS HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT
AGREEMENT: Approve an agreement between the City and the
Chateau Woods Homeowners Association to allow the Police
Department to enforce state and local traffic laws on the
private roads of Chateau Woods.
C. SABAL LAKES PHASE II HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT
AGREEMENT: Approve an agreement between the City and the Sabal
Regular Commission Meeting
August 4, 1998
Lakes Phase II Homeowners Association to allow the Police
Department to enforce state and local traffic laws on the
private roads of Sabal Lakes Phase II.
D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify the various actions approved by
the South Central Regional Wastewater Treatment and Disposal
Board at the quarterly meeting of July 16, 1998.
E. CENTER BASED CHILD CARE AGREEMENT & AMENDMENT ~001 WITH THE
SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve the renewal of
the Center Based Child Care Agreement with the School District
for the City to provide child care services at Pompey Park, the
Community Center and the Full Service Center, together with
Amendment #001 which increases the rates paid by the School
District, for the period July 1, 1998 through June 30, 1999.
F. AMENDMENT NO. I TO AT&T SITE LEASE AGREEMENT: Approve
Amendment No. 1 to Site Lease Agreement between the City and
AT&T Wireless Services of Florida, Inc. for the first of the
potential five renewal periods (1998 to 2003) for the location
of AT&T telecommunication equipment on the City's elevated
water storage tank.
G. REMOVED
H. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIER DOCKS AT
VENETIAN DRIVE TOWNHOUSE CONDOMINIUM: Approve a modification
of standards for approval pursuant to LDR Section 7.9.4(A) to
allow rebuilding of two existing 30 ft. finger pier docks at
the Venetian Drive Townhouse Condominium located at 336
Venetian Drive.
I. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM:
Approve funding subsidies in the total amount of $35,500.00 for
two income eligible applicants under the Delray Beach
Renaissance Program, with funding from 118-1924-554-83.01 (SHIP
Program).
J. CANCELLATION OF BID AWARD TO TROPICAL LOOKS LANDSCAPE FOR
NUISANCE ABATEMENTS: Approve cancellation of the contract
awarded to Tropical Looks Landscape on May 5, 1998, for Code
Enforcement nuisance abatements, and authorize staff to revise
the specifications and rebid the contract.
K. RESOLUTION NO. 47-98: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 15 properties
throughout the City.
L. REMOVED
M. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $27,100 to Pifer, Inc.,
via Village of North Palm Beach Golf Course Equipment
--3--
Regular Commission Meeting
August 4, 1998
Maintenance Bid, for one (1) Pifer Model #250 Mower for
the Municipal Golf Course, with funding from 445-4761-
572-64.90 (Golf Course Capital Outlay - Other Machinery/
Equipment).
2. Purchase award in the amount of $26,103 to Gateway 2000
Major Accounts, via State of Florida Contract, for the
upgrade and replacement of computer equipment in the
Finance, Fire, and Community Improvement Departments, with
funding from 334-6112-519-64.11 (General Construction Fund
- R&R/Computer Equipment).
3. Bid award in the amount of $18,750.00 to Transportation
Consultants, Inc. to perform a comprehensive analysis of
the City Garage operation, with funding from 501-3311-591-
31.90 (City Garage - Other Professional Services).
4. Bid award in the amount of $64,477.50 to Arbor Tree &
Landscape Co., Inc. for construction of the Shadywoods
Roadside Swale Project, with funding from 448-5411-538-
63.66 (Stormwater/Other Improvements - Shadywoods).
9. Regular Agenda:
A. CONDITIONAL USE REOUEST/COLONY CLUB: Consider a request for
conditional use approval to allow an increase in building
height for the Colony Club, a proposed 32 unit multiple family
development. The subject property is located at the southwest
corner of N.E. 7th Avenue and N.E. 1st Street and is zoned CBD
(Central Business District). QUASI-JUDICIAL PROCEEDING
B. CONDITIONAL USE REQUEST/VILLAS DELRAY: Consider a request for
conditional use approval to establish a residential density in
excess of 30 units/acre within the Central Business District
(CBD) for Villas Delray, a proposal involving two potential
development scenarios. The subject property is located at the
southeast corner of N.E. 4th Avenue and N.E. 1st Street.
QUASI-JUDICIAL PROCEEDING
C. EXTENSION OF CONDITIONAL USE APPROVAL/EMMANUEL EVANGELICAL
LUTHERAN CHURCH: Consider a request to extend the conditional
use approval for Emmanuel Evangelical Lutheran Church, proposed
to be located on S.W. 6th Street between S.W. 15th Terrace and
1-95.
D. pINE GROVE SCHOOL OF THE ARTS/FACILITY MODIFICATION FUNDING:
Consider forwarding a recommendation to the Palm Beach County
School District to fund and immediately construct the agreed
upon facility enhancements to Pine Grove Elementary School to
.support its new School of the Arts magnet program.
E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
approval of the actions and decisions made by the Land
Development Boards for the period July 20th through July 31,
1998.
--4--
Regular Commission Meeting
August 4, 1998
F. RESOLUTION NO. 46-98 (BUDGET ADJUSTMENT): Consider approval of
a resolution adjusting the FY 1998 budget to provide for an
increase in wastewater treatment operating costs, approve the
associated budget transfer, and approve miscellaneous
adjustments to various accounts.
G. SETTLEMENT/MEDOR V. CITY: Consider settlement of the
referenced matter as recommended by the City Attorney.
10. Public Hearings:
A. ORDINANCE NO. 27-98 (SECOND READING/SECOND PUBLIC HEARING): An
ordinance amending LDR Section 4.4.9, "General Commercial (GC)
District", to allow 'Astrologists, Clairvoyants, Fortune
Tellers, Palmists, Phrenologists, Psychic Readers,
Spiritualists, Numerologists and Mental Healers' as a permitted
use within certain areas of the GC zone district; amending
Subsection 4.4.9(H), "Special Regulations", to provide location
and distance restrictions for said use; and amending Section
110.15, "License Tax Schedule", of the City Code by adding
'Psychic Readers'
B. ORDINANCE NO. 28-98: An ordinance amending Chapter 110,
"Occupational Licenses Generally", Section 110.15, "License Tax
Schedule"~ of the City Code to provide for a four percent
increase in all occupational license tax fees effective October
1, 1998.
C. CONSOLIDATED ACTION PLAN FY 1998/99 FOR ALLOCATION OF COMM~JNITY
DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public hearing and
consider approval of the Consolidated Action Plan for Fiscal
Year 1998/99 in compliance with Federal guidelines governing
the use of Community Development Block Grant (CDBG) funds.
11. Comments and Inquiries on Non-Agenda Items from the Public
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 29-98: An ordinance amending Section 5.3.1(D),
"Right-of-Way Dimensions", of the Land Development Regulations
to provide that requests for a reduction of right-of-way width
required for existing streets shall be under the administrative
authority of the City Engineer. If passed, a public hearing
will be scheduled for August 18, 1998.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
--5--
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 4, 1998 -.6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.H. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/LEDBETTER ELECTRIC
(MILLER PARK LITTLE LEAGUE FIELD #1 EMERGENCY ELECTRICAL
REPAIRS): Consider approval of closeout change order #1 in
the net deduct amount of $4,376.07 and final payment in the
amount of $1,704.05 to Ledbetter Electric, Inc. for
completion of the Miller Park Little League Field #1
emergency electrical, repairs project; with funding from
334-4173-572-63.90 (Miller Park Lighting).
ref:ADDENDUM
Agenda Item No. '~° ~'
AGENDA REQUEST
Date: 7/28/98
Request to be placed on:
Workshop Agenda When: 8/4/98
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Presentation of a $2,500.00 Suggestion Award to Don
Haley, WTP Manager for his cost saving idea to exchange parallel potable and raw water mains on N.W
and S.W. I st Avenue to increase transfer capacity to the North Reservoir Storage Facility.
ORDINANCE/RESOLUTION REQUIRED: YES/I~LO DRAFT ATTACHED YES/NO...Q.~
Recommendation: Staff recommends
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: Approved for agenda:/~S~o Hold Until: ~-~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., ESD Director ~-~.~
SUBJECT: EMPLOYEE SUGGESTION AWARD - POTABLE TRANSMISSION/RAW WATER
MAIN EXCHANGE
DATE: July 28, 1998
In conjunction with the second phase of the Aquifer Storage and Recovery (ASR) Well Project, we needed to
address and resolve what has been a chronic operational problem in our potable transmission system. The
transmission main used to pump water from the Water Treatment Plant to the North Reservoir on N.W. 3rd
Street was an 18" diameter conduit. While the transfer pump at the WTP could pump at 10,000 gpm, the 18"
transmission main would only handle a 5,600 gpm flow. This bottleneck has been an operational nuisance until
the recent capacity upgrade at the North Reservoir and the implementation of the ASR Well. The stated
improvements increased the re-pumping capacity at the North Reservoir to 11,000 gpm and completion of the
ASR this year will require an additional 2,000 gpm for recharging the well. The increase demand for the North
Reservoir facility magnified the transfer main capacity limitation which became a serious operational problem.
Solutions to the problem were presented by our consultant and included adding pumps at the WTP and
constructing a new transfer main to increase capacity at an estimated cost of $750,000.00.
Mr. Don Haley, Water Treatment Plant Manager, in noting that the 18" transfer main was installed parallel with
a 24" raw water main, suggested that the two mains be exchanged. The reduction in reliance on capacity from
the Eastern Wellfield due to salt water intrusion concerns meant that the 24" main was now larger than necessary
to carry raw water from the Northeastern Wells to the WTP. Further investigation of Mr. Haley's idea confirmed
its feasibility and it was ultimately implemented at a construction cost of approximately $312,000.00. This
equates to a savings of $438,000.00 over the installation of a second transfer main. The exchange of the mains is
operational and has increased transfer capacity between facilities from 5,600 gpm to 9,500 gpm. The result is an
enhanced and significantly more efficient operational condition.
It is this sort of common sense approach to problem solving shown by Mr. Haley that allows Environmental
Services Department to provide consistently reliable and cost efficient utility service to the residents of Delray
Beach.
Please place this item on the August 4, agenda for presentation by the City Commission.
RCH:cl
cc: Dan Beatty
Don Haley
Nancy Jackson
File
MEMORANDUM
TO: Don Haley, Manager of the Water Treatment Plant
FROM: Employee Suggestion Award Program Committee
DATE: July 22, 1998
SUBJECT: EMPLOYEE SUGGESTION #98-16
Swapping of the transmission and raw water mains
The Employee Suggestion Award Program Committee recently met. Your
suggestion has been reviewed and discussed. The Committee is recommending
to David Harden that you receive an award of $2,500.00 for your cost effective
method to accommodating the need for increased transmission capacity and
reduced raw water flows.
We congratulate you on this creative and proven idea.
~ON
Human Resources Administrator
c: David T. Harden, City Manager
Nancy King, Staff Assistant/Publications Editor
Cheryl Leverett, Executive Assistant, Environmental Services
98 JUL -9 PH 2:[2
TO: Nancy Jackson, Acting Human Resources DirectorH [J H A }~ [~ E S 0 U R C E S
_ /
FROM: Richard C. Hasko, P.E., Director of Environmental Services ~
SUBJECT: EMPLOYEE SUGGESTION PROGRAM - SUGGESTION 98-16
DATE: July 8, 1998
I have reviewed the subject suggestion by Don Haley regarding the swapping of the transmission and raw
water mains between the Water Treatment Plant and the North Reservoir to increase transmission capacity
to the Storage Tank. The smaller main has historically been a "bottle neck" in the system while the
reduction in reliance on our Eastern Wellfield has negated the need for a main the size of the 24" Raw
Water line. As the supporting materials indicate, Mr. Haley's idea was the most cost effective method to
accommodating the need for increased transmission capacity and reduced raw water flows.
I would support recognition of this suggestion under Paragraph 9B of the program policy with a maximum
award of $2,500.00.
RCH:cl
cc: Joseph Safford
Frank Babin
Ned Gusty
Dan Beatty
CITY OF DELRA Jr BEA CH
SUGGE, STION A
PROGRAM ~3 ~ C"
(Please type or write plainly with dark ink) ~' ~' j k? ,,Z t ~
· ' 90 JUN I 6 8.' 2 9
HUI'iAN RESOURCES
DATE: 6/12/98
Suggestion applies to the Department of Environmental Services WTP
Present cond/fion: (pinpoint the problem you are solving)
Limited transfer flow to North Repump Station: 1 mile away, due to size of transfer
main.
Suggestion: (Be specific, give details, a=ach illus=afion, diagram, sketch, etc.)
Swap out existing 24" raw water line supply line with existing 18" transfer line, see
attached.
Savings/Benefits: (Explain what your suggestion shMl accomplish)
Accomplish a 50% larger transfer main without adding a second 18" transfer main, 1 mile
long, with an estimated cost of $750,000. The cost of the swap was $311,770. The
savings was $438,230.
Don Haley I understand and agree to ali the
Name fights and obligations as set forth OFFICE USE
Water Treatment Plant f~.~strati~e ~olicy GA_41' ONLY
Signature ',
WTP Mmnmger Signature Re fer To:
Title
~,,7_ ~rvi res Signature
Department
Signature -.
(If Group suggestion, all must sign)
MEMORANDUM
To: Suggestion Award Committee
From: Don Haley, Manager of Water Treatment Plan-t'~'~
SUB: ATTACHMENT FOR SUGGESTION TRANSFER/RAW MAIN
SWAP
Date: June 12, 1998
With the new renovations to the North Repump station, we now have the pumping
capacity of 11,000 GPM in high service and another demand of 2,000 GPM to the new
A.S.R. well.
The bottleneck in the system we had was that we could only move a maximum flow of
5,600 GPM to the north using a 10,000 GPM pump, (a very ineffieient operation on
equipment and electrical demand).
My first suggestion was to open the end of the existing transfer main, (see attached
Exhibit A, Para~aph 7). This did not relieve the problem. The next suggestion was by
the engineers to add a new pump, (see Exhibit B, Paragraph 2). This was not a feasible
idea.
The next suggestion by the engineers was to add a second 18" diameter transfer main,
(see Exhibit B, Paragraph 1). This would also have meant that the streets would have
been dug up. The suggestion made by me, thru Mr. Greenwood, was to swap the two
existing mains. This suggestion was used and has now proven to be successful on
meeting our goal of 9,500 GPM. Note: (a flow that was met using all existing pumps
and equipment). The cost of the swap was $311,770, (see Exhibit C), and the cost of a
second 18" main was $750,000, (see Exhibit B, Paragaph 1), resulting in a savings of
$438,230.
Any further information on this can be ffir~ished by me or Richard Hasko.
CH2MHILL
F~x ~,,68&,601
To: Don Haley From: David Schuman
Company:. City ,=f Delray Beach Date: May 20, 1998
Fax No.: 561-243-7316 Total Pages: 1
Voice No.: 561-243-7319
Message:
Don here am my responses to your questions regarding the coststfor other alternatives to
switching of the pipelines. Note that these costs are order-of-magnitude estimates only.
Installation of approximately 6,000 linear feet of 18' diameter DIP including minor pump
station and reservoir modifications for the new piping - $750,000
Installation of a new pump would not have been feasible because ~o reach 9,500 gpm (the
current flow) in the old 18' pipe the velocity would be nearly 12 ft/~c which would damage
the pipe and the pump required to generate the flow would have been over 750 Hp.
In addition the existing 250 Hp pump was operating at less than 70% efficiency under the
old 18= pipe conditions. Based on new flow and pressure data ara:l using the odginal pump
curves, the pump is now operating close to it's design efficiency (al=l=roximately 85%).
Based on an opera~ng time of 10 hours/day the City is recovering approximately 280 kW-
hr/day of energy that was previously wasted. At 7 cents/KW-hr this comes to $7,150/yr.
Note that these evaluations do not take into account any advantages gained by the
additional water ~v~ilal~le at the North Storage Reservoir.
Let me know if you need any additional information.
P~e~l~tl c~ll I1 pac~ lam missing or Illeglbl~ or If you r~:etve this tax In e~ror.
RESOLUTION NO. 48-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING JOHN P. WALKER FOR OVER TEN YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
WHEREAS, John P. Walker was hired by the City of
Delray Beach, Florida, on November 9, 1987, as Special Project
Coordinator in the Planning Department; and,
WHEREAS, John has been a faithful and dedicated
employee during his tenure, and has been largely responsible for
keeping our beach renourishment project on target, resulting in
lower costs paid by the City and a nationally recognized
beachfront; and
WHEREAS, John has consistently performed any and all
duties required of him in an exceptionally mature professional
manner, exhibiting initiative, competence and loyalty; and
WHEREAS, John P. Walker is leaving the employ of the
City and the services and knowledge provided by this dedicated
employee will be missed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City Commission of the City of Delray
Beach, Florida, hereby expresses its sincere thanks and
appreciation to John P. Walker for over ten years of dedicated
and faithful public service with the City of Delray Beach, and
further wishes him the best of health and happiness in all his
future endeavors.
PASSED AND ADOPTED in regular session on this 4th
day of August, 1998.
ATTEST:
Cf£y Cie~ '
STATE SENATOR
RON KLEIN
3333 SOUTH CONGRESS AVENUE .SUITE 305A oDELRAY BEACH, FLORIDA 33445 · (561) 274-4777 ° (561) 279-1990 FAX
Vehicle Emissions Testing Alzheimer/Memory Disorder
The 1998 Legislative Clinics SB 756
Session proved to be very This bill will sharply decrease car
productive. I feel that the Senate emission inspections in Palm This legislation will establish a
was deliberative regarding many Beach and Broward Counties. memory disorder clinic at St.
issues of importance and I am Unless the Legislature acts to Mary's Medical Center in Palm
proud of our accomplishments, change the law, beginning in the Beach County. The purpose of the
year 2000 the legislation will clinic is to study Alzheimer's
On a personal level, I exempt from inspection new cars, Disease and other memory
would like to share with you some including the current year's model disabilities and to educate and
of the legislation that I sponsored and three prior years, and will train people to assist persons
and successfully passed this year: reduce older cars' inspections to affected by these diseases.
every two years.
"Jimmy Ryce Act of 1998" County Court Assessments
SB 646 South County Jury District SB200
SB 552
This legislation establishes This legislation will allow
procedures for a person convicted This legislation will allow the counties to contract with
of sexually violent offenses to be County Commission, in collection agencies to collect
classified as a "sexually violent conjunction with the Chief Judge, outstanding county court fines.
predator". Prior to being released to create multiple jury districts Many counties do not have the
from prison, a person determined that meet constitutionally required resources to actively pursue small
to be a sexual violent predator can racial breakdowns. This bill will fines that remain uncollected. In
be committed to a secure permit large counties (i.e. Palm Broward County these uncollected
treatment facility, This law will Beach County, Broward County) fines amount to over $7 million.
keep Florida's children safe in to allow for additional locations to
their neighborhoods from the conduct jury trials for the Limited Liability Companies
threat of sexual predators who convenience of jurors and those SB704
habitually commit these acts. utilizing our courts.
This bill provides that limited
liability companies formed under
Chapter 608 of the Florida Firefighters Legislation SB 290
Statutes or qualified to do · $100,000 for the Lukeion
business in Florida as a foreign This legislation will allow the Center, a distance learning
LLC will not be subject to continuation of current practices and urban policy center
Florida's corporate income tax. of trained emergency medical located in Seaside. This is
The current tax situation has made technicians and paramedics to a joint program between
it unattractive for businesses, provide voluntary community Florida Atlantic
including international businesses, services in the form of University and the
to form their entities in Florida. inoculations and blood pressure University of West
The bill also allows for mergers of screenings. Florida
corporations and LLC's and
provides other flexibilities for the Sheriff's Local Bill SB 2582 · $1.2 million for the
use of LLC's. construction of an honors
This is a local bill that allows the college at Florida Atlantic
Capital Punishment/Lethal Palm Beach County Sheriff to University's North Palm
Injection CS/SB 360 award a portion of a Captain's Beach campus.
compensation based on merit
This legislation maintains use of criteria. Should you have questions
the electric chair as Florida's regarding any legislation that
means of executing death row State University System Naming was passed during the 1998
inmates. It further provides that if Bill SB 752 Legislative Session, please do
a court should find electrocution not hesitate to contact me at my
to be unconstitutional, the State Florida Atlantic University will district office at (561) 274-
will automatically change the name the Adult Lifelong Learning 4777, 3333 S. Congress
method of execution to lethal Center after Barry and Florence
injection. The purpose of the law Friedberg, it's major benefactor. Avenue, Suite 305A, Delray
is to assure a legally enforceable Beach, Florida 33445.
means of carrying out the death Appropriations Issues
penalty, thereby avoiding a
potential court decision · $1.5 million for expansion
commuting all death row inmates' of the "Communities in
punishment from death to life Schools" program.
imprisonment.
· $500,000 for Florida
Florida International Trade Atlantic University (Boca
Office In Israel Raton campus) for a joint
medical education
I worked closely with Enterprise program with the
Florida to prioritize interest and University of Miami.
funding for a Florida International
Trade office in Israel. This office · $500,000 for St. Mary's
will be used for the promotion of Childrens Medical
business, import/export and Hospital.
investment activities between
Florida and Israel. · $190,000 for a Memory
Disorder Clinic at St.
Mary's Hospital.
TO: DAVID T. HARDEN
CI MANAGER
FROM PAUL DORI..INO, CTINO DIRI=CIOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: AUGUST 4, 1998
INITIATION OF A REZONING FROM R-l-AA (SINGLE FAMILY)
TO OSR (OPEN SPACE AND RECREATION) FOR LOTS 262
AND 263 OF TROPIC PALMS PLAT NO. I IN CONJUNCTION
WITH DEVELOPMENT OF THE LEON M. WEEKES
ENVIRONMENTAL PRESERVE. **CONSENT AGENDA**
The site development plans for the Leon M. Weekes Environmental Preserve
have been completed. These plans provide for hiking trails within the Leon
Weekes preserve as well as a 10 space parking lot, pavilion and tot lot
playground immediately to the west on lots 262 and 263. The Leon Weekes
preserve is currently zoned CD (Conservation District) while lots 262 and 263 are
currently zoned R-l-AA (Single Family). The R-l-AA zoning district does not
allow active recreation uses such as playgrounds unless they are associated
with a bonafide homeowners association. Therefore, to accommodate the
proposed improvements a rezoning to OSR is required.
As this is the initiation of the rezoning action the Planning and Zoning Board has
not considered the request. The Board is tentatively scheduled to consider the
amendment at their August 20, 1998 meeting.
By motion, initiate the rezoning of lots 262 and 263 of Tropic Palms Plat No.1
from R-l-AA (Single Family) to OSR (Open Space and Recreation).
u:leon
-- __ DOTTEREL 'ROAD
~*' ,,," FALLS OF ~°~'
DELRAY
PALMS
PALM S OF
MALLARD DR '~ 0 F DELRAY TR
DELRAY (35-152)
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CITY I]F DELRA¥ BEII[H
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali,America City
® TO' David Harden, City Manager
FROM: Catherine M. Kozol, Police Legal Advis
DATE: July 21, 1998
SUBJECT: Chateau Woods Homeowner Association
Traffic Enforcement Agreement
Attached for your review and insertion on the Consent Agenda is one orginal of
the Chateau Woods Traffic Agreement. This agreement will allow the Police
Department to enforce state and local traffic laws on the private roads of the
Chateau Woods.
The cost to the City will be minimal as the Department will have discretion to
determine when personnel will be available to patrol the area. As for liability, the
City will be added to the Association's $100,000.00 liability insurance policy as
an additional insured. Further, Chateau Woods will indemnify the City for acts
that are a result of actions taken under this agreement.
Feel free to contact me if I can be of further assistance in this matter.
c: Susan Ruby, City Attorney ~,L~' . ~ c.~d~
Allison MacGregor Harty, City Clerk G/¢~,~ ~ ~'.~ ~
Ha,d.n7.do~ Richard Overman, Chicf lO~. ~~,~ L~~")
Prlnted on Recycled Paper
£1TY OF I)ELAAY BEACH
CITY ATTORNEY'S OFFICE
~993 TO: David Harden, City Manager
FROM: Catherine M. Kozol, Police Legal Advi
DATE: July 21, 1998
SUBJECT: Chateau Wood~ Homeowner A,~o,
Traffic £nforcement Agreement
Attached for your review and insertion on the Co
the Chateau Woods Traffic Agreement. This
Department to enforce state and local traffic la'
Chateau Woods.
The cost to the City will be minimal as the Department will have discretion to
determine when personnel will be available to patrol the area. As for liability, the
City will be added to the Association's $100,000.00 liability insurance policy as
an additional insured. Further, Chateau Woods will indemnify the City for acts
that are a result of actions taken under this agreement.
Feel free to contact me if I can be of further assistance in this matter.
Enclosure ~~ 0
c: Susan Ruby, City Attorney
Allison MacGregor Harty, City Clerk
Richard Overman, Chief
Printed on Recycled Paper
CHATEAU WOODS HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") through its Police Department, wishes to make its
Community Policing efforts in Chateau Woods as effective as possible; and
WHEREAS, the CHATEAU WOODS HOMEOWNER ASSOCIATION
(hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of
state and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the CITY
Commission which provides for reimbursement for actual costs of traffic control
and enforcement liability insurance and indemnification and other terms as are
mutually agreeable by the parties.
Now, therefore, for the mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree
as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic
laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the
CITY.
4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY,
its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts
of traffic control and traffic enforcement that occur on the ASSOCIATION's
property following the date of this agreement. Nothing herein shall be deemed a
waiver of the privileges and immunities granted to the CITY under F.S. 768.28.
This indemnification shall survive the cancellation of this agreement.
5. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
6. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the CHATEAU WOODS HOMEOWNER
ASSOCIATION and shall continue in full force and effect until rescinded by
either party. Under no circumstances may this agreement be renewed,
amended, or extended except in writing.
7. Either party may cancel their participation in this agreement upon delivery
of 30 days written notice to the other party. Cancellation will be at the direction
of the subscribing party.
8. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys fees.
9. The ASSOCIATION, by signing below, affirm that they have read and
understand this agreement and that they have been given the opportunity to
have the attorney of their choice review this agreement.
agreement made and entered into on this ,5' '~ day of
~ , 1998.
c,,y o,
/d~/j' Chateau Woods Homeowner
Association - Property Manager
Residential Management Concepts
ATTEST:
City-Clerk ~
Approved as to form
and legal sufficiency
City Attorney
Chaleeuw.docldocs/agreemen
L~.O.
[lTV I)F I)ELRAY BEIIgH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
DELRAY BEACH
~ POLICE LEGAL ADVISOR
Ali.America Citl/
®TO: David Harden, City Manager
1993
FROM: Catherine M. ~ Legal Advisor
DATE: July 21, 1998
SUBJECT: Sabal Lakes Phase II Homeowner Association
Attached for your review and insertion on the Consent Agenda are two originals
of the Sabal Lakes Phases II Traffic Agreement. This agreement will allow the
Police Department to enforce state and local traffic laws on the private roads of
the Sabal Lakes Phase II.
The cost to the City will be minimal as the Department will have discretion to
determine when personnel will be available to patrol the area. As for liability, the
City will be added to the Association's $100,000.00 liability insurance policy as
an additional insured. Further, Sabal Lakes Phase II Associaton will indemnify
the City for acts that are a result of actions taken under this agreement.
Feel free to contact me if I can be of further assistance in this matter.
Ibg
Enclosure
c: Susan Ruby, City Attorney
Allison MacGregor Harty, City Clerk
Richard Overman, Chief
Harden6.doc
Prinled on Recycled Paper
SABAL LAKES PHASE II HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as a "CITY") through its Police Department, wishes to make its
Community Policing efforts in Sabal Lakes Phase II as effective as possible; and
WHEREAS, the SABAL LAKES PHASE II HOMEOWNER ASSOCIATION
(hereinafter referred' to as "ASSOCIATION") is desirous of the enforcement of
state and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the CITY Commission
which provides for reimbursement for actual costs of traffic control and
enforcement liability insurance and indemnification and other terms as are
mutually agreeable by the parties.
Now, therefore, for the mutual consideration, covenants, and matters set forth
herein, as of the date set forth below, the parties hereto do hereby agree as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic laws on
all private roads owned by the Association.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover
the actual cots of the traffic control and enforcement incurred by CITY.
4. The ASSOCIATION shall defend, indemnity and hold harmless the CITY, its
agents, officers, officials and employees from any and all claims, suits, causes of
actions or any claims whatsoever made arising from any and all acts of traffic
control and traffic enforcement that occur on the ASSOCIATION's property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
5. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
6. This agreement shall take effect upon execution and approval by the Dekay
Beach City Commission and the SABAL LAKES PHASE II HOMEOWNER
ASSOCIATION, INC. and shall continue in full force and effect until
rescinded by either party. Under no circumstances may this agreement be renewed,
amended, or extended except in writing.
7. Either party may cancel their participation in this agreement upon delivery of
30 days written notice to the other party. Cancellation will be at the direction of
the subscribing party.
8. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys fees.
9. The ASSOCIATION, by signing below, affirm that they have read and
understand this agreement and that they have been given the opportunity to have
the attorney of their choice review this agreement.
This agreement made and entered into on this day of
,199 .
City of Delray Beach Sabal Lakes Phase II Homeowner
By Mayor Jay Alperin Association, Inc.
ATTEST:
City Clerk
Approved as to form
and legal sufficiency
City Attorney
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,S/1
SUBJECT: AGENDA ITEM # ~,~. - REGULAR MEETING OF AUGUST 4, 1998
P~ATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: JULY 30, 1998
This is before the Commission to ratify various actions approved
by the South Central Regional Wastewater Treatment and Disposal
Board on July 16, 1998. By a vote of 8 to 0, the SCRWTD Board
approved the following:
** Authorization for acceptance of 1998/99 Operating and
Maintenance (O&M) Budget, and Repair and Replacement
Expenditures (Sinking Fund).
** Authorization to establish user rate to cities for FY
1998/99 in the total amount of $0.6955/1,000 gallons.
** Authorization for the Executive Director to contract with a
third party to complete work at the metering stations of the
golf courses for the Northwest Reuse Project not to exceed
$40,000.00, with reservation of all rights with no admission
of liability.
** Authorization to decrease J.J. Kirlan's contract for the
Northwest Reuse Project from $4,676,059 to $4,668,325.80 to
cover ($7,733.20) of change orders, grant extension of time
to 130 days and to make final payment once punch list is
complete and invoice is approved by Brown & Caldwell.
** Authorization to decrease Ric-Man's contract for the
Northwest Reuse Project from $2,574,918 to $2,495,595.20 to
cover ($79,322.80) of change orders, grant extension of time
to 99 days and to make final payment once punch list is
complete and invoice is approved by Brown & Caldwell.
** Authorization to expend $65,000 from sinking fund to make
emergency repair to conveyer on south centrifuge.
** Authorization to expend $3,500 from sinking fund to make
emergency repairs on #3 reuse system south pump.
** Authorization to expend $7,000 from sinking fund to replace
aeration fountains in the lakes in front of the plant.
Recommend ratification of the various actions approved by the
SCRWTD Board on July 16, 1998.
ref:agmemo5
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
ROBERT J. HAGEL f~~ Telephone
Executive Director ~ (407) 272-7061 (407) 734-2577
Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk, Delray Beach
FROM: Mary Ann Shumilla /~
DATE: July 23, 1998 ,/~×~"--
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of July 16, 1998 which
require signatures. Would you please place these on the Agenda for your next
Commission meeting.
Would you please contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorization for Acceptance of 1998/99
0 & M Budget, and Repair and Replacement Expenditures (Sinking Fund).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DLSPOSAL BOARD
KN.'NUkL BUDGETS: ACTUAL, BUDGETED, PROJECTED
1990.-91 1995-96 1996-97 1.997-95 1997.95 1995..99
~CTUkL ~ ACTUAL ~ ~ BUDGET
SUM:~ARY TOTALS
PERSONNEL SERVICES $1,176,001 $1,058,019 $1,073,069 $1,147,000 $1,129,000 $I,1 ~,500
OPERATING EXPENSES: ! ,775,732 1,72 ! ,973 1,703,405 1 ,$12,400 1,743,000 1,824,500
SERVICES 742,680 652,921 613,583 668,000 664,500 705,000
OPERATION S/MAINTENANCE 755,934 712,186 715,913 734,400 672,500 697,500
CH:EM 1CALS/S LrPPL IF_.S 277,118 356,866 373,909 410,000 406,000 422,000
TOTAL PERSONNEL AND
OPERATING EXPENSES 2,951,733 2,779,992 2,776,474 2,959,400 2,872,000 3,013,000
OPERATING CONTINGENCY 0 0 0 50,000 0 50,000
EN G i~,T_.ERI~G 132,867 11,873 18,990 40,000 20,000 90,000
TOTAL BUDGET $3,084,600 $2,791,865 $2,795,464 $3,049,400 $2,892,000 $3, i 53,000
as of 06/29198
'AGE 02
SOUTH CENTRAL REGIONAL WASTEWATER TREATMEN'T AN'D DISPOSAL BOARD
ACCOUNT
~ DEgi"RIPTION 1~90-91 199.$.96 1996-9'/ 1997-9~ 1997-9~ 199&99
1212 REGULAR WAGES $840,485 $'/59,181 $7'/0,209 S$Z8,000 $820,000 S860,000
12121 SICK LEAVE REDUCTIONS 9,920 699 10,865 5,000 10,000 6,000.
1214 OVERTIME 38,628 54,?94 41,'/66 43,000 48,000 48,000
12151 EMPLOYEE ASSIST. PROG. 691 593 543 750 600 ?50
12152 PLANT PERFORMANCE 35,979 10,145 9,'/00 10,000 10,000 10,000
1221 SOCIAL SF. CUR/TY 71,154 62,038 61,426 68,000 64,000 7! ,000
1223 HEALTH INSURANCE 70,489 50,796 43,873 56,000 45,000 53,000
12231 DEN'I'AL INSURANCE 6,498 '/,322 5,913 7,000 6,500 7,000
12232 DISABILITY INSURANCE 8,325 5,302 6,491 6,500 ?,000 ./,000
12233 LIFE INSURANCE 2,060 854 842 i ,000 900 !,000
1224 WORKERS' COMPENSATION 29,929 22,363 33,558 33,750 33,000 33,7:50
1225 UNEMPLOYMENT 8,%$ 2,207 0 ! ,000 1,000 ! ,000
1236 PENSION 60,958 81,745 87,880 87,000 83,000 89,000
1240 PAY'ROLL CONTINGENCY 338 211 544 1,000 ~ 1,000
TOTAL PERSON.'NEL
SERVICES $1,176,001 $1,058,019 $1,073,069 $1,147,000 $1,129,000 $1,188,500
SOUTH CENTRAL REGIONAL WASTEWATER TREA'I~IENT A~'~D DISPOSAL BOARD
ACCOU~'T 1990-91 1995-96 1996-9"/ LO~7-~ 1997-98 1998-99
3100 MEDICAL SERVICES S81 S2,255 S2,021 S3,000 St~O Sl,000
3110 LEGAL (GENERAL & ADMI~f) 30,452 13,617 8,730 17,000 10,000 17,000
3112 LEGAL (TOXICITY) 39,986 0 0 $,000 0 5,000
3120 SERVICES (G & A) 19,564 28,178 10,457 15,000 IS,000 13,000' '
3200 AUDITING 16,497 18,790 18,810 20,000 19,000 20,000
3400 PRETREATMENT 8,3~ 1 ! ,610 5,045 15,000 7,000 10,000
3402 TOXICITY TESTING 14,375 27,047 23,798 25,000 20,000 25,000
3404 CHEMICAL ANALYSIS 2,145 4,828 5,989 6,000 4,000 $,000
3406 METER CALI~RATION 7,028 6,812 9,473 11,000 8,000 8,000
3410 SLUDGE HAULING .564,$72 469,713 421,136 425,000 47.5,0(X) 47.5,000
3411 GRIT HAULING 20,897 25,64.5 62,243 64,000 .50,000 64,000
:3412 TRASH HAULING 1,068 1,033 128 2,000 i ,000 2,000
3500 SERVICES (O & M) 17,687 43,393 4.5,753 60,000 .5.5,000 60,000
TOTAL SERVICES $742,680 $6.52,921 S613,.583 S668,000 S664,.500 $705,000
pAGE O4.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
f3~pF.R ATI O.~/M AINT1K .~ANC K
ACCOUNT 1990-91 199S-96 1996-97 1997-98 1997-9S 1995-99
4000 VEHICLE EXPENSE S6,996 $5,520 $6,106 S8,000 $7,000 S8,000
4020 BOARD CONTZNGENCY 5,970 1,844 1,572 3,000 2,000
4100 TELEPHONE 9,158 13,488 14,815 12,000 13,000 13.000
4102 POSTAGE - - 2.697 3,000 3,000 4,000
4300 ELECTRICITY 456,390 4'/6,2:35 466,588 450,000 420,000 450,000
4302 WATER S,930 14,320 I5,484 14,000 14,000
4400 F_~UIPMENT RENTAL 520 661 2,037 3,000 1,000 3.000
4500 I~'$ URA~CE $1,059 97,436 94,235 110,000 99,000 74,ooo
4600 M & R EQUIPMENT 12'/,'/47 48,539 46,090 44,000 38,000 44,000
4620 M & R VEHICLES 5,130 0 6,711 9,000 9,000 8.000
4630 M & R GROUNDS 2,959 3,000 2,287 2,000 5,000 5,000
4640 M & R BUILDINGS 13,093 6,231 5,640 5,000 4,000
4650 M & R UNSPECI3~IED 19,623 25,585 29,184 20,000 15,000 20,000
4900 ADVER']'IS]~G 1,115 401 616 1,000 500 1,000
4902 LICENSE&PER.MITS 2,609 11,934 13,548 14,000 12,000 14,000
5400 MEi~fBERSHI:P DUES & SUBSCRi:P 2,123 1,874 1,651 3,000 3,000 6,000
5410 TECHNICAL TRA~ING 8,706 2,883 3,552 I0,000 6,000 8,000
5420 EDUCAT/ONAL EXPENSES 3,7~6 2,235 3,100 5,000 4,000 5,000
6400 CAPITAL ASSETS 0 0 0 18,400 17,000 12,500
TOTAL OPERATIONS/MAZNT. $755,934 $712,186 $715,913 $734,400 $672,500 $697,500
PAGE 05
SOUTH CENTRAL REGIONAL WA. STEWATER TREATMENT AND DISPOSAL BOARD
~1~ O~CE S~PL~ $7,21J $7,10~ $~,039
~201 S~ ~PL~ 14,~2 4,~7 ~,~1 ~,~ 4,~ J,~
~202 G~ OP~G 16,~7 1J,717 16,~62 20,~ ]7,~ 20,~'
5203 I~~ S~PL~ 4,g~ !,~8I I ,~ 2,~ 2,~ 2,~
52~ ~O~RY SUPPL~ 16,839 ~,120 ~,870 35,~ 30,~ 35,~
5210 C~IC~ 191,474 274,617 2~,028 307,~ 325,~ 323,~
5220 O~, ~L, LUB~C~ 6,727 6,156 12,~5
52~ CONS~U~ON MA~ 2,~49 2,425 806 3,~ I,~ 3,~
52~ UN~O~S 4,4~ 6,015 4,~7 7,~ 6,~ 7,~
5250 SM~L ~O~ ~ $5~ 7,347 4,364 3,016 5,~ 3,~ 3,~
5251 OFHCE EQ~MENT ( S5~ 2,4~ 2,782 1,~9 4,~ 2,~ 2,~
5252 ~ ~U~MEN~ ( $~ 2,1~ 2,584 1,276 1,~ I,~ !,~
TOT~ C~MIC~/SL~PL~ $277,118 $~56,866 $373,~9 $410,~ $~6,~ $422,~
S~VIC~ $742,6~ $652,~1 $613,583 $6~,~
OP~ONS~N~CE 755,9~ 712,186 715,913
CH~IC~ ~ SUPP~ 277,118 356,866 37~,~9 410,~ ~6,~ 422,~
PAGE 06
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CONTINGENCY
ACCOUNT 1990-91 1995-96 1996-97 1997-9~ 1997-~ 1998-99
4990 OPERATING CONTINGENCY S0 S0 S0 $50,000 $0 S~0,000
TOTAL OPERATING $0 $0 $0 $~0,000 $0 $$0,000
CONTINGENCY ........... = ............... =
~^~ o?
SOUTH CE.~'I'RAL REGIONAL WASTEWATER TREATME.~'T AND DISPOSAL BOARD
ACCOU~'T ~990-91 1995-96 1996-97 19~-98 1~?-98 1998-99
31.~0 GENERAL $106,314 $9,202 $]8,990 $30,000 520,000 $80,000
3160 BIOTOXlClTY 1'/,249 0 0 $,000 0 $,000
3162 PRETREATMENT 9,304 2,671 0 $,000 0 $,000
TOTAL ENG L~'EERING S 132,867 S ! 1,873 S 18,990 $40,000 $20,000 S90,000
SINKING FUND
1998/1999
1. REPLACE FANS IN OLD EFFLUENT BUILDING $2,000
2. REPLACE TEI~fP CONTROLLER FOR TRANSFORMERS 5,000
NEW EFFLUENT BUILDING
3. REPLACE BATTERIES DIESEL GENERATORS 3,000
4. REPAIR & REPLACE ELEC. SCREENING BLDG. 35,000
5. REPLACE PU~fP BASES - SCRUBBERS 3,000
6. REPLACE CHE~flCAL BLDG. PUMP LIFT STATION 2,500
7. REPLACE FANS CHI.ORINE ROOM CHEMICAL 3,000
BLDG. & DECHLORINATION BUILDING
8. REPLACE PLANT OUTSIDE LIGHTING 5,000
9. REBUILD//2 DRIVE MOTOR & PUMP A PLANT RETURN 5,000
10. EXTEND BLOWER LINE FROM BLOWER BLDG. FOR AIR 25,000
TO EFFLUENT TANK
11. PATCH & PAINT EXTERIOR OF ALL STRUCTURES 100,000
12. SEAL DRIVEWAY & PARKING LOT " 20,000
13. SECURITY - ADMIN. BLDG. 3,000
14. REPACE PUMPS & FILTERS ALKA PRO SYSTEM 10,000
TOTAL: $221,500
$INK99
' sOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
1998-99
1212 REGULAR WAGES Base wages- 23 Employees $860.000
4 Adufinistrativ¢
4 l,~b & prelroatmeut
10 Operator~
$ Mainiemuce
lucludcs 4% merit pay increase
12121 SICK PAY REDUCTIONS Employees have the anuual option to 6,000
cash out (al 50% payment) all sick days
in excess of f'ffteen (15) accrued in sick
clay bank. (4 employees over {imit of 66 days )
1214 OVERTIME Shift coverage as required for plant
oper~ions. Employees working over
40 hours per week (excludln.o sick hours)
are paid al time and a h~lf.
12141 Hurricane Watch 3,000
12142 Mainlenance
12143 Shift 1 Coverage 6,000
12144 Shift 2 Coverage 4,000
12145 Shift 3 Coverage 6,000
121.$6 Training 2,000
121~8 Holiday Coverage 16,000
12149 l~b/Pretre~tment 4,000
12150 Special Projeas 2,000
12151 EMPLOYEE ASSISTANCE Board cost: $2.15 per employee per 750
PROGRAM mouth. Provides family counseling and
referral services to employees and their
families.
12152 PLANT PERFORMANCE Award given to those employees whose performance 10,000
has couiribtued to overall efficiency of Plant as
recommended by Executive Director and approved
by the Board.. ·
1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65 % 71,000
MEDICARE currenly = Social Security - 6.2%;
Medicare- 1.45%.
1223 BLUE CROSS/BLUE SHIELD Board cost per employee is estimated ~ 53,000
HEALTH INSURANCE S200.00 monthly. (Dependent coverage
ncx provided by Board). ..
12231 DENTAL INSURANCE Board cost per employee: $25.00 monthly 7,000
(TL-peadent coverag~ not provided by
Board).
1998-99
ACCT. NO. ~
12232 DISABILITY INSURANCE Long term disability imurance provided 7,000
by the Board at approximately 1% of 40 hour
base pay per employee.
Cost: $0.60/$100.00 compensation.
12233 LIFE INSURANCE Board provides $10,000 life insurance. 1,000
$.40 l~r $1,000.
1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 33,750
base pay.
1225 UNEMPLOYMENT Paid on a reimbursable basis according 1,000
to claims received.
1236 PENSION Dcf'med Board contribution based on 40 89,000
hours base pay for participants plus
administrative fees.
1240 PAYROLL CONTINGENGY Employee armual appreciation dinner 1,000
and luncheons (i.e.: r~timments,
recognitions, and safety awards).
TOTAL PERSONNEL $1,188,500
oPERATLNG EXPENSES: SERVICES; MALNTENANCE; CHEMICALS & SUPPLIES
ACCOUNT TITI.E D_~,.~[I~.[~ ~
3100 MEDICAL SERVICES Employee physicals, drug screens, tetanu~ and $1,000
Hq~atiti~ A vaccine.
3110 LEGAL (ADMIN & LABOR) Attorney f~e$:
31101 Admin- Federspiel $13,000
31103 Pemion- August & Comiter 2,000
31104 Lewis, Longman & Walker 2,000
17,000
3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation
31121 Federspiel 1,000
31125 Lewis, Longman & Walker 4,000
5.000
3120 SERVICES: 31201 Accounting & Bookkeeping 5,000
General & Administrative, 31202 Computer Comultant 2,000
31206 Copier Maim. Contract 2,000
31208 Others 4,000
13.000
3200 AUDIT FEES 32001 Annual Audit 20.000
3400 PRETREATMENT PROGRAM Monitoring of program; required quarterly 10,000
effluent; iafluent and sludge priority
pollutant scans, ~ample pertained facilities.
newspaper publicatiom.
3402 TOXICITY TESTING EPA/DER: Discharge permit will require 25.000
acute toxicity testing ($15.000) and
c~onic toxicity testing ($10.000)
3404 SLUDGE, LIQUID, CHEMICAL (1) fecal, copper, and cyanide - monthly; (6) 5,000
ANALYSIS TESTING heavy melals.
(2) grease samples and 1 distilled water
yearly
3406 METER CALIBRATION Calibration of transmil~ers, totalizers, 8,000
FLORIDA SERVICE recorders, and flowmeter pump as required.
3410 SLUDGE HAULING $24.06/1,000 gallons hauled. Est. 8 to 9 loads per 475,000
day average; haul based on short 6istaaee.
3411 GRIT HAULING 125 trips @ $515.00 l~r trip. .. 64,000
oPERAT. ING EXPENSES: SERVICES; MAL~'rENANCE; CHEMICALS & SUPPLIES (cont.)
1998-99
3412 TRASH AND HAULING Tipping fee for trash hauling. 2,000
3500 SERVICES: 35001 Centrifuge 15,000
Operations, Maintenance, & 35002 Air Scrubbers 4,000
Professional 35003 Generators 3,000
35004 Lawn Maintenance 30,000
35005 Admin. BuDding Cleaning 5,000
35006 Lab Equipment Calibration 1,000
35008 Other 1,000
35009 Contract Labor 1,000
TOTAL SERVICES $?05,000
oPERA. TING EXPENSES: SERVICES; MAIN'rEN,~NCE; CHEMICALS & SI)PPLIES
O.~E R'ATI ONe/MAINTENANC E
4000 VEHICLE EXPENSE Lease vehicle; Mileage reimbursement @
$0.29/mi1¢; PU¢I for 2 pickup trucks and
1 leased automobile.
40001 Leased Vehicle $4,000
40002 Mileage Reimbursement 1,000
40003 Purl for Vehicle~ 3,000
4020 BOARD CONTINGENCY Public relations, good will tom, floral .
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
bmlneas expenses:
40201 Board Expense: Appreciation 1,000
40202 Board Expense: Meals and Emertainmem 1,000
40204 Board Expense: Travel, Lodging 1,000
3,000
4100 TELEPHONE EXPENSE MomMy base fees and long-distance usage 13.000
inc]nding Fax machine. 3 cellular phones and E-mail..
4102 POSTAGE U.S. Mail 4,000
4300 ELECTRICITY S0.045 per KWH including surcharge for 450,000
peak nsage.
4302 WATER CONSUMPTION Budgeted for 800,000 gallons mommy 14,000
~ $1.45 per 1,000 gallons (estimate).
4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 3,000
meres as required in maintenance and
operations.
4500 INSURANCE EXPENSE 45001 Property Liability Package (B & M) $3,000
4.5002 Vehicle Insurance 6,000
45003 Public Officials and Employees 6,000
Liability
45004 Fidelity and Public Officials Bond ,1,000
45006 Boiler & Machinery ?,000
45007 Petroleum Liability 1,000
74,000
4600 M & R EQUIPMENT Annual repair items for puml~ and plan~
equipment:
45001 luflueui BuDding 5,000
46002 Aerators .. 4,000
46003 Blower Building 4,000
4(:004 Scrubbers 4,000
4~05 Clarificr 1,000
4(~X~ Return Building 3,000
4~)07 Chemical Building 5,000
48308 Chlorination 3,000
46009 EQ Building 1,000
46010 F..fflu~ Building 2,000
46011 Shop Building 1,000
46012 Office Building 2,000
46013 D¢chlofi~ion 1,000
46014 Miscellaneous ?,000
~,6015 Operators Office 1,000
1998-99
'ACCT- .NO_. ~ DESCRIPTION
4620 M & R VEHICLES Amiual r~pairs for v~cles:
~201 T~c~ a~ T~or 2.~
~202 ~ A~o
~203 Se~i~ C~s 2,~
~2~ Bo~ T~k 3
~205 ~er
~30 M & R GROU~S ~pi~, sp~er sy~ems, re~ion
4~0 M & R B~LDINGS P~g, R~r or ~p]a~me~ of doo~.
4650 M & R UNSPECI~ED F~ for emergency or u~de~ed 20~
~uipment d~ficie~ies t~t ~u~e up. de
or ~prov~e~ ~ ~on.
~ ~VERTISING Adve~sement a~ legal ad a~'a~
~lat~ to pla~ ~tion or bi~ a~
LiCENS~ AND PE~I~
~b Ce~fi~tion
Stooge Ta~
PALM B~ACH
~o~' Li~s
~r Po~ion Lite.es
Sto~ Water l,l~
Tags on T~
4,8~
CI~ ~ ~PECIAL DISTRICT
Sold W~te Asses~e~
Sp~ial D~tfia F~ 175
~her 675
5~ MEMBERS~P D~ ~ D~s - ~ofessio~l orga~tio~ ~COA, 6,~
S~C~ONS ~CF, ~SA). Prof~sio~ Reg~t~on
lo~, News~, Pe~o~el, a~ H~
Reso~ ~bscfi~iom and D~s.
~tio~l ~cfi~io~ ~d Dues;
U~ Co~c~.
O_E~TION~/MA1NTE NANC E
1998-99
AC. CT. TITLE
5410 TECHNICAL TRAINING Operalors' Shorl Schools. Regional schools.
Lab Te~.hnical. and Quality Assuranc~
Short Schools; Personnel Seminars;
Computer Classes; WPCF Convention;
Technical Schools; Annual Conference.
54101 Conferences 3,000
$4102 Meals 1,000
5410:5 'lYav¢l & Lodging 4,000
8,000
5420 EDUCATIONAL EXPENSF-~ Classes, books, and fees. 5,000
6400 CAPITAL ASSETS Purchase of needod Assexs Required for
Continuous Operation and no~ amoritized in
Sinking Fund.
64001 Sampler for Lab 3,500
6~02 Vacuum Pump for Lab 1,500
64003 Computer/Server Nexwork 4,000
6~O4 Computer for Ex. Assistant 2,000
6a,005 DO Meter 1,500
12,500
TOTAL OPERATIONS/MAINT. 5697.500
5100 OFFICE SUPPLIES Annual projection: Copier paper. 6,000
stationery, business cards, check printing.
general office supplies, & necessities.
5201 SAFETY SUPPLIES Gloves, prc~ecfive glasses, face shields, 5,000
hearing pro~ection, overboots, ear-plugs,
muffs, emergency eye wash station,
emergency showers, cartridge respirators,
gas cartridge, sterile storage bags for reslY
ira~ors, disiafex~ion systems for respirators,
fit test ampoules, respirator storage cabinets,
disposal respirators, ehemlcal spill absorb-
ems, oil sorbent, liquid chemical neutralizers,
barricade tape, hazardous materials response
kit, salvage drum, diffusion detector tubes,
signs, labels, tags, Fu-st aid supplies, f'ue
extinguishers and accessories, hazardous
area lights, emergency small tools, safety
charts, books.
5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 20,000
SUPPLIES boots, drager tubes, gloves, hoses,
£u-ehoses, chart pens, cha~.
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries, hurricane supplies,
and other miscellaneous supplies.
5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 2,000
necessary janitorial cleaning supplies.
5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 35,000
Reagents, glassware, replacement of equip-
ment, apparatus. Lab supplies consumed by
testing procedures including Chlori~e Testing.
5210 CHEMICALS 52101 Polymer: 78,000 lbs ~ $1.24/1b. $~6,000
52102 Lime: Calculated 500 tons ~ $98.00 50,000
per ton.
52103 Chlorine: 285 tons @ S350.00/ton. 100,000
52104 Biosulfite: 8 shipments @ $4,500. ($.10/lb) 36,000
52105 Misc. Chemicals 2,500
52106 Caustic 20,000 gal @$1.42 per gal 28,000
52107 Sulfuric Acid 175,000 lbs. @ $.06/1b. 10,500
323,000
C]:[E~tlCAI-~ AND ~UPPLIE~ (eont.~
199~-99
ACCT. sO~ ~ ~ BU~T
5220 OIL, GREASE, DIESEL, AND 10,000 gallons Diesel fuel for gcnerator, gas, 15,000
LUBRICANTS ~, oil, and lubricams for pumps and
5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 3,000
small shelters, concrete, cie. Additional office
and storage units.
5240 UNIFORMS Board participates 50% in uniform rental. 7,000
Board cost: $3.65/week. Cost to purchase 7
pants and 7 shirts provicl~l on a one-time
basis cost of $225.00 per employee.
(Provides 3 new sets each ycar: $100.00).
Annual work shce allowance: $75.00 p~r
employee per y~ar. Annual prescription Safety
Glasses: $75.00.
5250 SMALL TOOLS AND EQUIP- Handlools, drills, bits, files, small toolboxes, 3,000
MENT PURCHASE ele~rical equipment, aM small maintenance
tools < $500.00 value.
5251 OFFICE EQUIPMENT Filing cabin~ts, ch~irs, calculators, adding 2,000
machines, office mats, shelves, printers,
tables < $500.00 value.
5252 LAB EQUIPMENT Magne.~ic stirrers, automatic titration attach- ~,000
ment, oxygen probe, and small e. xtuipment
< $500.00 value.
TOTAL CHEMICAL$ AND
SUPPLIES $422,000
O ,j~IL~TINC, CONTLNC, ENCY
1998-99
ACCT. NO. ~ ~ ~
OPERATING CONTINGENCY To b~ utilized as a supplcmcnl for any lino $50,000
items which ar~ cxcee, ded during thc budget
year. Status of this Fund to be reported to
Board.
ACCOUNT TITLE
3150 GENERAL 31501 Permit Assistanc~ SI$,000
31502 Process Control 1 $,000
31503 Risk Mamgement $0,000
580,000
3160 BIOTOXICITY 5,000 $,000
3162 PRETREATMENT 5,000 5,000
TOTAL ENGINEERING $90,00~
C. RAND TOTAL BUDGET: $3,153,000
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorization to Establish User Rate to
Cities for Fiscal Year 1998/99 As Follows:
..... 7998/99
OPERA TIONS & MAINTENANCE ;0.5805/1,000 GAL
OCEAN OUTFALL ;0. 0030/1, 000 GAL
SINKING FUND ;0. 1120/1.000 GAL
TO TAL ;0. 6955/1, 000 GAL
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF July 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and DIsposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorization for the Executive Director
to Contract with a Third Party to Complete Work at the Metering Stations of the Golf
Courses for the Northwest Reuse Project not to Exceed ~40, 000. with Reservation of
Ail Rights with No Admission of Liability,
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action Is hereby ratified in open session by the City of Delray
Beech this _ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorization to Decrease J. J. Kirlan's
Contract for the Northwest Reuse Project from ~4.676.059. to ~4.668.325.80 to
Cover (~7. 733.20) of Change Orders, Grant Extension of Time to 130 Days and to
Make Final Payment Once Punch List is Complete and Invoice is Approved by Brown
& Caldwell.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorfzation To Decrease RIC-MAN'S
Contract for the Northwest Reuse Project from $2,574,918 TO ;~2.495.595.20 to
Cover (~79.322.80) of Change Orders, Grant Extension of Time to ~)9 Days, and TO
Make Final Payment Once Punch List is Complete and Invoice is Approved by Brown
& Caldwe#.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Autho~Yzation to Expend ~65,000. FROM
S/NKING FUND TO MAKE EMERGENCY REPAIR TO CONVEYER ON SOUTH
CENTRIFUGE.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this
~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorization to Expend ;~3,500. FROM
SINKING FUND TO MAKE EMERGENCY REPAIRS ON #3 REUSE SYSTEM SOUTH
PUMP.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 16, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 16, 1998, by a vote of 8-0, approve Authorization to Expend ;7,000 from
Sinkin§ Fund to Replace Aeration Fountains in the Lakes in Front of Plant.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
Agenda Item No.: ~' ~.
AGENDA REQUEST
Date: 3uly 16, 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: August 4, 1998
Description of agenda item (who, what, where, how much): Request approval
and siKnature of Mayor on 2 oriKinals of contracts for child care services for the
1998-1999 school year with the School District of Palm Beach County~ and Amendment
#001.
ORDINANCE/ RESOLUTION REQUIRED: YES~_~ Draft Attached: YES/NO
Recommendation: Approval and Mayor's signature.
Department Head Signature: w/\
Determination of Consistency~ .Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable.):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I:ITY DF DELAI:IY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
NI-AmericaCity
1993
TO: David Harden, City Manager
FROM: Rodger R. Ribeiro, CLP, Recreation Superintendent
THROUGH: Joe Weldon,~irector of Parks and Recreation
SUBJECT: Renewal of Contract for Child Care Services Program
DATE: July 20, 1998
Please review the enclosed Subsidized Child Care contract for the School District of Palm
Beach County for the 1998-1999 school year, and Amendment #001, which increases
the rates paid us by the School District. I have attached a list of the subsidized child
care programs. We are eligible for those programs followed by an asterisk. The After
School Program would receive $10 per child, and the holiday camps and one day camps
would receive $19 per child. Changes to the contract requested by City Attorney Susan
Ruby were made by the School Board lawyers (see attached memorandum]. If the
contract and Amendment #001 are acceptable, I would like these items placed on the
August 4, 1998 agenda for City Commission approval and for Mayor Alperin's signature.
After we receive HRS approval for adding Pine Grove School of the Arts as an after school
site, I will be forwarding the applicable amendment.
Rodger R. Ribeiro,
Recreation Superintendent
cc: Joe Dragon, Assistant Director of Parks and Recreation
Enclosures
Ref: renewscc
(~p,.,.doo,.c,c,~p.~e. THE EFFORT ALWAYS MATTERS
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ail.America City MEMORANDUM
1993
TO: Roger Ribeiro, Recreation Superintendent
FROM: Susan A. Ruby, City Attorney
SUBJECT: Contract for Child Care Services Program .
I have reviewed the agreement and would recommend the following:
1. Paragraph I.F.1. be modified to add the following language:
To the extent permitted by law. Provider shall :go be liable for and indemnify,
defend, and hold harmless the Agency and all of its officers, agents, and
employees from all claims, suits, judgments, or damages, including attorneys'
fees and costs arising out of any ~ict, actions, neglect or omissions by the
Provider, its agents or employees during the performance or operation of this
vendor agreement or any subsequent modifications thereof, whether direct or
indirect, and whether to any person or tangible or intangible property. Nothing
contairlcd herein shall be deemed a waiver of Sovereign Immunity. or the notice
provisi01~ 5 of 768.28. Florida Statutes.
2. Paragraph I.F.2 be modified to delete the following language and add the
following language:
That its inability to evaluate its liability or its evaluation of liability shall not
excuse the Provider's duty to defend and to indemnify within seven (7) days after
notice by the Agency by certified mail. After the highest appeal taken is
exhausted, only an adjudication or judgment specifically finding the Provider not
liable shall excuse performance of this provision. To the extent permitted by
law. ri:the Provider shall pay all costs and fees including attorneys' fees related to
these obligations and their enforcement by the Agency. The Agency's failure to
Roger Ribeiro, Recreation Superintendent
Julle 26, 1998
Page 2
agency will notify, the Provider of a claim pursuant to Florida Statutes 768.28.
The Provider shall not be liable for the so4e negligent acts of the Agency.
3. Attachment VII, "Insurance Requirements", the last paragraph should be
modified by adding the underscored language:
To the extent permitted by law. ~during the term of this agreement, the vendor shall
indemnify, hold harmless, and defend the School District of Palm Beach County,
Florida, its agents, servants, and employees from any and all costs and expenses,
including, but not limited to attorney's fees, reasonable investigative and discovery
costs, court costs and all other which the District, its agents, servants, and employees
may pay or become obligated to pay on account of any, all and every claim or demand,
or assertion of liability, or any claim or action founded, thereof, arising or alleged to
have arisen out of the products, goods or services furnished by the vendor, their agents,
servants or employees, or any of their equipment when such persons or equipment are on
the premises owned or controlled by the District for the purpose of performing services,
delivering products or goods, installing equipment, or otherwise transacting business,
whether such claim or claims be for damages, injury to person or property, including the
District's property, or death of any person, group or organization, whether employed by
the vendor or the District or otherwise. Nothing contained herein shall be deemed a
waiver of Sovereign Immunity. pursuant to 768.28. Florida Statutes.
The indemnification required by the contract appear to be in violation of the Florida
Constitution, Article 7, Section 10 which prohibits the pledging of credit for
indemnification purposes, and Florida Statutes 768.28(18) which prohibits the
indemnifications set forth in the agreement. (See attached).
Please call if you have any questions. I am returning the two original agreements to
help getting the language changed, please call.
cc: Joe Weldon, Director of Parks and Recreation
Joe Dragon, Assistant Director of Parks and Recreation
child2.sar
CHILD CARE PROGRAMS ADMINISTERED BY
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Funding may be available from the following sources for child care programs:
SUBSIDIZED CHILD CARE *
Provides child care for children at risk of abuse and neglect, as well as children of
Work And Gain Economic Self-sufficiency (WAGES) participants, and employed,
eligible Iow-income parents.
JOB TRAINING PARTNERSHIP ACT (JTPA) *
Provides child care for parents approved by the Palm Beach County Workforce
Development Board who receive on-the-job or classroom training.
TEENAGE PARENT PROGRAM
Provides child care services for children of teenage parents enrolled in school and
approved by the Teenage Parent Program.
REFUGEE/ENTRANT
Provides child care for eligible children of refugees or entrants who qualify for the
program.
CHILD CARE PURCHASING POOL *
Provides child care to children to employed, eligible Iow-income parents.
CHILD CARE INVESTMENT FUND *
Provides child care to children of employed, eligible Iow-income parents. Providers
must meet one of the following criteria:
1. Child Care Center accredited by the National Association for the
Education for Young Children (NAEYC).
2. Child Care Center funded by the Children's Services Council for other
programs.
3. Child Care Center actively involved in the "Quality Assurance Project,"
meeting established criteria.
4. Child Care Center actively pursuing NAEYC accreditation and meeting
other established criteria.
[lTV JIF DELA#V BEI:I[H
CITY ATTORNEY'S OFFICE .. :~"~' ~ ' ,~::~:~ ~: ~ ~.~,~ ~:~ ~'"~ ~'~"~ ~:~' ~ ~ ~' ~'~
DELRA¥ BEA(::H
Writer's Direct Line: 561/243-7091
&lI.Amarica ¢it¥ MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: AT&T Site Lease Aereement Amendmem No. 1
The City entered into a site lease agreemem June 1, 1993 which provided for five, 5
year renewal periods. Before you is Amendmem No. 1 for the first of the potemial five
renewal periods. The following are the substamive changes:
1. The rent curremly is $1,500.00 per month. The Amendment No. 1 changes the
rem to $2,000.00 per month and sets forth a 15% increase if renewed in the
2003-2008 renewal period. The third and subsequem renewal period rent will be
negotiated at the time of such renewals with a limitation of a 25 % rent increase.
2. In addition, there is a lump sum payment of $10,000 due at the signing of
Amendmem No. 1, and upon renewal for the 2003-2008 term. Thereafter, the
lump sum payment will be renegotiated.
3. The rate schedule for Exhibit C is brought up to date.
4. The City is to give 365 days prior notice of intent to not renew the agreement.
The original lease did not provide for advance notice of non-renewal.
By copy of this memorandum and agreemem to David Harden, our office requests that
this Amendment No. 1 to site agreemem be placed on the City Commission agenda for
vid Harden, City Manager
Bob Barcinski, Assistant City Manager
Amanda Solomon, Telecommunications Admin.
Dick Hasko, Director of Environmental Services
Alison Harty, City Clerk
att. sar
-------- Letter of Transmittal
~: Site Development
~ AT&T Wireless Services '
~ 1920 Corporate Drive .~ ·
~~T Boyto. Beach, ~,o,.da 33426
PH: (561)375-6537 FAX: (561)375-6528 \~
FROM: TO:
Lisa Swift Ms. Susan Ruby, Esq.
Properly Management Administrator City Attorney
City of Delray Beach
DATE: 200 NW 1st Avenue
July 17, 1998 Delray Beach, Florida 33444
RE: Amendment to Lease SITE REF: WP09 Delray Beach
WE ARE SENDING YOU:
XXXX Legal Documents Olher / Special Handling
Letters (See description below)
DESCRIPTION:
Amendment No. 1 to Site Lease Agreement
REVIEWED BY: COMMENTS:
Dear Susan:
Vice President of Operations/Date
Enclosed please find the ~xecuted
Amendement No. I to Site Lease
Director of Site DevelopmenffDate Agreement.
Please return a fully executed copy to my
Project Manager/Date attention at your earliest convenience.
If you have any questions, please feel free
S.~te Acquisition. Manager/Date to give a call.
~- "'~' '" . , ~ ,dr,
Property Management A' ' ' dhaihistrator/Date --
Lisa M. Swift
Other/Date
AMENDMENT NO. 1 TO SITE LEASE AGREEMENT
THIS AMENDMENT NO. I TO SITE LEASE AGREEMENT ("Amendment") is
entered into this day of , 1998, by and between the CITY OF
DELRAY BEACH ("Lessor") and AT&T WIRELESS SERVICES OF FLORIDA, INC.
(f/k/a Palm Beach County Cellular Telephone Company) ("Lessee").
NOW, THEREFORE, for good and valuable consideration as set forth in this
Amendment, the receipt of which is hereby acknowledged, the parties hereby agree to amend
the Lease Agreement dated June 25, 1993 as follows:
1. Paragraph 3, "Term", is hereby amended to read as follows:
Except as is set forth in Paragraph 7 of the original lease agreement, the
term of this lease shall be five years, with the effective date commencing on
June 1, 1993, and terminating at midnight, the last day in the month in which
the fifth (Sth) annual anniversary of the commencement date shall have
occurred. Lessee shall have the right to extend this lease for five (5) additional
five year terms subject to the approval of the City Commission. Each renewal
term shall be on the same terms and conditions as set forth in the original
agreement and this amendment, except that the rent shall be increased by fifteen
percent (155) for the 2003 to 2008 renewal period. The monthly, rental for
subsequent terms shall be negotiated at the time of renewal, however, such
monthly rental increase shall not exceed twenty-five percent (25%) of the
previous renewal period monthly rent.
2. Paragraph 4, "Rent", is hereby amended to read as follows:
4. Rent.
a. Upon the commencement date, Lessee shall pay Lessor,
as rent, the sum of One Thousand Seven Hundred Dollars ($2,000.00) per
month. Rent shall be paid on the f'urst day of each month at Lessor's address
specified in Paragraph 13, below.
b. Lessee shall supply the portable telephone needs of the
City which shall not exceed twenty portable digital cellular telephones at no
charge to the Lessor. Monthly rate charges will be at government rates as
shown in Exhibit C. These rates shall not be changed during the term of this
Agreement. Monthly rates (governmental) shall also apply to telephones
purchased or leased by the City in excess of the twenty phones supplied to
Lessee. There shall be no charge for detailed billing or activation fee. Lessee
shall repair and or replace the not to exceed twenty portable telephones, at no
cost to the City.
c. Upon execution of this Amendment, Lessee shall pay to
Lessor the amount of Ten Thousand Dollars and 00/100 Cents ($10,000.00).
At the time of renewal of the agreement for the 2003-2008 term, the Lessee
agrees to pay Ten Thousand Dollars and 00/100 Cents ($10,000.00) to Lessor.
Thereafter, the renewal payment shall be negotiated at the time of renewal.
3. Exhibit C to the Lease Agreement dated June 25, 1993 is hereby modified as
attached hereto.
4. Paragraph 7, "Termination", is hereby amended by adding subsection (d) to
read as follows: ~
(d) Lessor will ~rat~give 365 days prior notice to Lessee if Lessor
determines not to renew the Site Lease Agreement for any of the five (5) year terms.
5. Paragraph 13, "Notices", is hereby amended to read as follows:
Notices. All notices, requests, demands and other given if
personally delivered or mailed, certified mail, return receipt requested, to the
following addresses:
If to Lessor: David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
If to Lessee: AT&T Wireless Services of Florida, Inc.
1920 Corporate Drive
Boynton beach, FL 33426
Attn: Lisa Swift
Copy to: AT&T Wireless Services - Legal Dept.
11760 US Highway One, 3rd Floor
North Palm Beach, FL 33408
Attn: Donise Brown
6. All provisions of the Lease Agreement dated June 25, 1993, not in conflict with
this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties to this Amendment have caused this Amendment
to be duly executed on the date written above.
LESSOR:
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney
LESSEE:
AT&T WIRELESS SERVICES OF
FLORIDA (f/k/a Palm Beach County
STATE OF FLORIDA
Q~~,going instrum~t w.a~ ,a~ca~wleftg. e.d.~o_,.before me this' I(.~ day of
1998, by [' 6LG. L 67f. I/F. IV. AM.A~6'"~, (name of officer
or a~ent, i~le of officer or agent).of ~ MI"-{,L)'~~ (name of
corporation acknowledging), a 0[~u'~/~_ ~ i (state or place of inc°r>oration)
corporation, behalf of the ' · pr, c)duce~d
on corporation. He/She is~per~ally known to/m~r h;
a, O nti, a,o .
Signature of Notary l~'t~lic - S~a'
of Florida
AT&T.agt
.-"*,' ~ "..;,~ MY COMMISSION I CC 730145
~*,.~ EXPIRES: April 5 2002.
EX~{IBIT 'C"
Airtime Package
Like fuel for your car, AT & T Wireless Services is fuel for your phone. And, for any phone to
perform its best, it needs the best service. AT & T Wireless Services has a number of air-time
packages developed to maximize the productivity of the ultimate business communication tool.
An analysis of the communication needs of City of Delray Beach led to the following
recommendation for airtime.
AT&T Advantage Corporate 3:
Core Lines:
AnalogfXA3) Digital (XD3)
Monthly Access Fee: $17.00 $15.00 (Digital phone required)
Home Airtime Rate:
(Peak / Off-Peak) $.25/.20 $.20/.20
Wireless Office Dialing Available
Activation Fee: Waived Waived
Included Features: Call Waiting Call Waiting
Call Forwarding Call Forwarding
3-Way Calling 3-Way Calling
No Answer Transfer No Answer Tran_~fer
Detailed Billing Detailed Billing
Caller ID
Fla Calling
National Roaming
EXHIBIT "C"
AT&T Advantage Corporate Plus Digital:
Digital (XDM/
Monthly Access Fee: $15.00
Home Ah'time Rate:
(Peak / Off-Peak) $.28/. 19
Wireless Office Dialing Available
This plan requires a One-Year contract and a Digital Phone.
This plan includes Florida Calling, National Roaming, Caller ID, Call Waiting, Call
Fomvarding, 3-Way Calling and No Answer Transfer at no charge.
AT&T Advantage Corporate Plus Analog:
Anmo (XAE)
Monthly Access Fee: $20.00
Home Airtime Rate:
(Peak / Off-Peak) $.31 / .22
This plan requires a One-Year contract and an Analog Phone.
AT&T Advantage Dieital PCS High User Plans
AD2 AD3 ,A!;), ,4
Monthly Access fee $39.99 $49.99 $69.99 $9~.99 $149.99
Minutes Included (Home) I50 300 500 I000 1'800
Home Airtime Rate per mln ..
(peak/offpeak) .32/.24 .29.23 .26/.22 .23/.21 . .20/.20
This plan requires a One-Year contract and a Digital Phone.
This plan includes Florida Calling, National Roaming, Caller ID, Call Waiting, Call
Forwarding, 3- Way Calling and No Answer Transfer at no charge.
For a limited time, the AD2 plan has an additional 50 minutes promotion for the first 3 months
and ADX, AD3, AD4, AD5 has an additional 200 minutes promotion for the first 3 months on
new service.
LEASE AGREEMENT
THIS SITE LEASE .AGREEMENT ("This Lease") is entered into
this ~..-.'~" day of ... :.''. , 1993 between CITY OF DELRAY
BEACH ("Lessor") and p~.T.~ ~EACI~ CO~TY C~nnr~ TEL~NE ~
~ ( "Lessee" ) ~-%- ~'l-' ~,3 ~ C~-~b ~-~_~ ~c.,.~ o~,_~2~ OR-~ -u~ ~.
follows: ~.
1. Premises. Subject to the following te~s and
conditions, Lessor leases to Lessee a portion (the "Premises")
of the real property (the "Property") described in Exhibit A
attached hereto. The Premises comprises 350 square feet and is
situated within the Property as described in Exhibit B attached
hereto. The City's 0.5 million gallon elevated water storage
tank located at 434 South Swinton Avenue, Delray Beach, Florida
33444, is the co,on name for the location of the teleco~uni-
cation equipment to be installed by Lessee.
2. Use. The Premises may be used by Lessee for the
transmission and reception of radio co~unication signal in any
and all frequencies, for the construction and maintenance of u9
to nine (9) cellular antennas plus a microwave dish up to ten
(10) feet upon a water tower owned by the Lessor and an equip-
ment building located on the real property described ~n Exhibit
A attached hereto. Lessor agrees to cooperate with Lessee in
obtaining, at Lessee's expense, all licenses and pe~its
required for Lessee's use of the Premises.
3. Te~. Except as is set forth in Paragraph 7 hereof,
the te~ of this Lease shall be five years, with the effective
date co~encing on June 1, 1993, and te~tnating at midnight,
the last day in the month in which the fifth (Sth) annual
anniversa~ of the Co~encement Date shall have occurred.
Lessee shall have the right ~o extend this Lease for Five (5)
additional five year te~s subject to the approval of the City
Co~ission. Each renewal te~ shall be on the same te~s and
, 'thatathe rent shall be 2't'/,Id--
conditions as set_~orth herein except .
increased each~] ~~m~ ~?' '
Ii
Price,/Index (C.P.I.) for the Miami/Ft. Lauderdale S'tatistical 3
Area,,for the month ending prior to the expiration of the first '
/
term'. However, such percent shall not exceed (25%) twenty-five
4. Rent.
a. Upon the Commencement Date, Lessee shall pay
Lessor, as rent, the sum of one thousand five hundred dollars
($1,500.00) per month. Rent shall be payable retroactively to
June 1, 1993 and on the first day of each subsequent month in
advance at Lessor's address specified in Paragraph 13, below.
b. Lessee shall supply the portable telephone needs
of the City which shall not exceed twenty portable digital
cellular telephones at no charge to the Lessor. Monthly rate
charges will be at government rates as shown in Exhibit C.
These rates shall not be changed during the term of this
Agreement. Monthly rates (governmental) shall also apply to
telephones purchased or leased by the City in excess of the
twenty phones supplied to Lessee. There shall be no charge for
detailed billing. Lessee shall repair and or replace the not
to exceed twenty portable telephones, at no cost to the City.
c. The parties shall negotiate at the time of
renewal, costs to be paid by Lessee for maintenance of the
elevated storage tank.
5. Interference. Lessor shall not use, nor shall Lessor
permit its lessees, licensees, invitees or agents to use, any
portion of Lessor's Properties in any way which interferes with
the operations of Lessee. Such interference shall be deemed a
material breach by Lessor, and Lessor shall have the responsi-
bility to terminate said interference. In the event any such
interference does not cease promptly, Lessee shall have the
right, in addition to any other rights that it may have at law
or in equity, to elect to terminate this Lease.
-2-
6. Improvements;... L~abilit¥; Ut£11t£es~ Access.
a. Lessee shall have the right, at its expense, to
erect and maintain on the Premises improvements,, personal
properu¥ and facilities limited to cellular antennas, microwave
and equipment building.
b. Lessee shall have their right to install utili-
ties, at Lessee's expense and to improve the present utilities
on the Premises (including, but not limited to the installation
of emergency power generators). Lessee shall be responsible to
pay any monthly utility charges attributable to the Cellular
Telephone Equipment. Lessee shall have the right to place
utilities on (or to bring utilities across) the Property in
order to Service the Premises and the Antenna Facilities.
Lessor shall execute an easement evidencing this right upon
Lessee's request. The easement shall be limited to term of the
lease.
c. Lessor shall provide Lessee ingress, egress and,
access over and under the Property to the Premises adequate to
service the Premises and the Antenna Facilities at all times
during this Lease at no additional charge to the Lessee.
Lessor shall execute an easement evidencing this right upon
lessee's request.
7. Ter~£nat~on. This Lease may be terminated, without
any penalty or further liability, on 30 days notice as follows:
(a) by either party upon a default of any covenant
or term hereof by the other which is not cured within 60 days
of receipt of written notice of default (without, however,
limiting any other rights available to the parties pursuant to
any other provisions hereof);
(b) by Lessee if it is unable to obtain or maintain
any license; permit or other approval necessary to the con-
struction and/or operation of the Antenna Facilities or
Lessee's businesses; or
(c) by Lessee if the Premises are or become unaccept-
able under the Lessee's design or engineering specifications or
its Antenna Facilities or the communications system to which
the Antenna Facilitates belong.
--3--
8. Taxes. Lessee shall pay any personal property taxes
assessed on, or any portion of such taxes attributable to, the
Antenna Facilities. Lessor shall pay all real property taxes
attributable to the Property, if any. However, Lessee shall
pay as additional rent, any increase in real property taxes
levied against the Premises which is directly attributable to
the Lessee's use of the Premises, and Lessor agrees to furnish
proof of such increase to Lessee.
9. Insurance.
a. Lessee will provide comprehensive liability
insurance and name Lessor as an additional insured on the
policy or policies, which comprehensive liability insurance
policies shall be at an amount of not less than 2 million
dollars. A copy of the Insurance Certificate shall be sent to
the Lessor. Such liability policy shall not contain exclusions
traditionally known as care, custody, or control exclusions as
the liability applies to Lessor's property.
b. Neither party shall be liable to the other (or
to the other's successors or assigns) for any loss or damage
caused by fire or any of the risks enumerated in a standard
"Ail Risk" insurance policy, unless such loss is caused by the
negligence of either party.
10. State of Emerqenc~. If a state of emergency ~s
declared by the Federal Government, State Government,. 9r by the
City, Lessee shall provide, based on availability, up to 30
emergency portable phones, and telecommunication services to
the City. Lessee shall not charge the City or its residents
any access charge for emergency services during the declared
emergency. During the declared emergency, air time/usage rates
shall not exceed the rates in effect prior to the declared
emergency. Lessee will coordinate and cooperate with the City
in establishing these emergency services.
11. Condemnation. If a condemning authority takes all of
the Property, or a portion sufficient, in Lessee's determina-
tion, to render the Premises unsuitable for the use which
Lessee was then making of the Premises, this Lease shall
--4--
terminate as of the date the title vests in the condemning
authority. The parties shall be entitled to share in the
condemnation proceeds in proportion to the values of their
respective interests in the Property. Sale of all or part of
the Property to a purchaser with the power of eminent domain,
in face of the exercise of power, shall be treated as a taking
by condemnation.
12. Hold Harmless. Lessee agrees to hold Lessor harmless
from any and all claims arising from the installation, use,
maintenance, repair or removal of Lessee's Antenna Facilities,
except for claims arising from the negligence of Lessor, its
agents or independent contractors.
13. Notices. Ail notices, requests, demands and other
given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses:
If to Lessor, to: City Manager
City of Delray Beach, Florida
100 N.W. lst'Avenue
Delray Beach, Florida 33444
If to lessee, to: Palm Beach County
Cellular Telephone Company
1420 N.W. 23rd Avenue
Ft. Lauderdale, FL 33311
Attn: Joe Setticase
250 South Australian Avenue
West Palm Beach, FL 33401
Attn: Bill Higgins, Esquire
14. Title and Qu~st Enjoyment.
a. Lessor warrants that it has full right, power,
and authority to execute this Lease and has good and unencum-
bered title to the Property free and clear of any liens or
mortgages. Lessor further warrants that lessee shall have the
quiet enjoyment of the Premises during the term of this Lease.
-S-
b. Lessee has the right to obtain a title report or
commitment for a leasehold title policy from a title .insurance
company of its choice. If, in the opinion of lessee, such
title report shows any defects of title or any liens or encum-
brances which adversely affect Lessee's use of the Premises or
Lessee's ability to obtain leasehold financing, Lessee shall
have the right to cancel this Lease upon written notice to
Lessor.
c. Lessee shall also have the right to have the
Property surveyed, and, in the event that any defects are shown
by the survey, Lessee shall have the right set forth in sub-
paragraph (b) above.
15. Assi~nment. Lessee may not assign or sublet this
Lease without the express prior approval of the City
Commission. Any sublease that is so approved and subsequently
entered into by Lessee, shall be subject to the provisions of
this Lease.
Additionally, Lessee may, upon notice ~q Lessor,
mortgage or grant a security interest in this Lease and the
Antenna Facilities to any such mortgagees or holders of
security interest including their successors or assigns
(hereinafter collectively referred to as mortgagees). Lessor
agrees to notify Lessee and Lessee's mortgagees simultaneously
of any default by Lessee and to give mortgages the same right
to cure any defect as Lessee except that the cure period for
any mortgagee shall not be less than ten days after receipt of
the default notice.
-6-
16. Special Provisions. Prior to construction, if any,
Lessee will receive the following approvals:
a. S.P.R.A.B. approval for the building and land-
scaping.
b. Director of Planning approval for a non-
impacting site plan modification.
c. Building Department approval for installation
and structural integrity of anchoring devices.
17. Miscellaneous.
a. Each party agrees to furnish to the other,
within ten (10) days after request, such truthful estoppel
information as the other may reasonably request.
b. This Lease constitutes the entire agreement and
understanding of the parties, and supersedes all offers,
negotiations and other agreements. There are no representa-
tions or understanding of the parties, and supersedes all
offers, negotiations and other agreements. There are no
representations or understanding of any kind not set forth
herein. Any amendments to said Lease must be in writing and
executed by both parties.
c. If either party is represented by a real estate
broker in this transaction, that party shall be fully
responsible for any fee due such broker.
d. Lessor agrees to cooperate with Lessee in
executing any documents (including a Memorandum of Lease)
necessary to protect Lessee's rights hereunder or Lessee's use
of the Premises.
DATED as of the date first set forth above
LESSOR:
CITY OF33~5-RAY BEACH, FLORIDA
;
City Clerk
~~d as to
Ciffy Attorney ' //
LESSEE:
PALM BEACH COUNTY CELLULAR
TELEPHONE COMPANY
M~CAW coMMUNICATIONS OF
WEST PALM BEACH, INC.
JOhn D. Casamassina
V.P. Operations
STATE OF FLORIDA
COUNTY OF PALM BEACH
· ~ The foregoing instrument was acknow__ledged .before me
this ~ day of -~,.~,:.?~ ,
6;. ~ ~.'~,'~ (name of officer or a~ent, title of officer
or agent, of W.~.~,'~,~,.n~',~:.~ ~f ~%~/~/~ ~:~., _~.. (name of
corporation acknowledging), a ~-/w(,h~ (state or place
of incorporation), corporation, on behalf of the corporation.
He/~h~ is personally known to
(type of identification) as identification
and .~,~ (did not) take an oath.
· ,
My Commission Expires Oec. ~6, ~gg~ ,'
Bonded ~hru Huckleberry
Print, ~z~e or Stamp game of
Hotar~ P~blic
-8-
EXHIBIT A
LEGAL DESCRIPTION
To the Antenna Site Lease dated ~~
, 1993
Commonly described as the 0.§ million gallon elevated water
storage tank located at 434 South Swinton Avenue, Delray Beach,
Florida 33444.
The portion of the premises leased to Lessee is more parti-
cularly described as follows:
LEGAL DESCRIPTION
A parcel of land lying in Section 20, Township 46 south,
range 43 east, Town of Delray Beach, Palm Beach County,
Florida. Said Parcel A so being a portion of tract 10 of
said Section 20 as recorded in Pla= Book 1, Page 4. Said
parcel being more particularly described as follows:
Commencing at the intersection of the centerline of S.W.
6th Street (formerly S.W. 5th Street) and 2nd Avenue, as
shown on the Plat of SELLERS ADDITION to Delray Beach,
Plat Book 22, Page 17, Palm Beach County, Florida. Thence
north 00" 5§' 10" west (assumed) along the centerline of
2nd Avenue, a distance of 165.46 feet; thence North 63°
54' 40" east, a distance of 40.64 feet to the point of
beginning of the parcel to be hereon described; thence
north 88~ 37' 45" east, a distance of 99.74 feet; thence
south 00~ 00' 00" east, a distance of 260.48 feet, thence
south 63" 54' 40" west, a distance of 91.67 feet to the
aforementioned point of beginning. ' ·
Containing 0.59 acres more or less.
-9-
EXHIBIT B
Antenna SAte Lease dated ~ ~ , 1993
To
the
b. etween ~~ ~~~~Y as Lessor,'and
~~.~LZ~.~~~~~~j.~~ as Lessee.
The is more particularly described or depicted as follows:
See attached.
-10-
~ MIC~AVE ANTENNA SUPPORT O~TAI~S
OELRAY 8EACH WATER TOWER ' AHO G~EVA~QHS omAwWl~ A~.
GXAGIULO ~,0 ASSOCIATES, P.A. 2930 O~E~CHOBEG gLVO. WEST P~L~ BE~CH. F~OglOA
CELLULAR
Government Plan -- Rate Sheet
..qonth Floddll
£!l~ibility it iimittd to quali~td Eavtrnment a[lencie$.
Monthly Accw lee: $20.00
Lo~l Airtlme Rate (per minute): 26e Peak / :0~ OfT-PeW
Optional Features -- Monthly Char~
I. · %'oica Mail Buic S 5,95 Itl.. Oem,ilatt Eil'./n$ N/C
. Vol~ Marl Pager i 7..c.( - Call Acamzata~ $ 7.~0
- Mull/.gh,me Call A~oufl~ifi. t ~ ~2 $ l~.O0
II. - ~ WaitJag $ 2.00 - Toll R~swictiofl $
. Tlung Pate/Callh'tg ~ LOO .".', - Ex~d~ Sc~'ic-. Pmt.~-ti=.-. P~m S .~.9~
- No Aasw~ Transfer . $ 2.00 (o::tnd ~.-~ us iadc'~d--nt i.,~n~)
Set =t'T AN~ THEE~ / $
Nm: 'Feature cllat~f at~ mb~K~ ~o chafl~. Local Alnlme is cha.'b'~ wELt V~ce ~%tti! roe. ales are a~l w~n Csmpr/1~ imms are ia ese. CaJl Ac~umaa~ includes Deual~i
City of Delray Beach Community Improvement Department
MEMORANDUM
TO: David L. Harden, City Manager
FROM: Lula Butler, Community Improvement DirectorL~
DATE: July 30, 1998
SUBJECT: Request for Commission Approval of a 30 Foot Finger Pier
ITEM BEFORE THE COMMISSION
City Commission approval of a modification to the standards under Section 7.9.8. governing
finger piers pursuant to Section 7.9.4. (A) Land Development Regulations.
BACKGROUND
The Venetian Drive Townhouse Condominium Association, Inc. has submitted an application for
a permit to replace two existing finger pier docks that are 5 feet wide and 30 feet long. The
docks were installed 20 years ago, prior to the City's permitting requirements.
Section 7.9.7 (C) states that in waterways greater than 100 feet in width, the maximum distance a
finger pier may be installed shall be 25 feet from the extended property line or seawall. The
existing piers were constructed at 30 feet and the waterway width is 600 feet. The agent for the
owner has provided a letter putting forth their hardship and the applicant has received approval
from the Department of Environmental Protection and Corp. of Engineers.
RECOMMENDATIONS
Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4. (A) of the
LDR's standards based on the fact that this modification will not endanger public safety or
welfare and the hardship as presented.
Date: July 27, 1998 Agenda Item No. ~',
AGENDA REQUEST
Agenda request to be placed on:
~ Regular __ Special __ Workshop xxx Consent
When: August 4, 1998
Description of Agenda Item:
Modification of standard for approval to rebuild an existing 30' Finger Pier
in accordance to Section 7.9.4 (A) of Land Development Regulations.
Ordinance/Resolution Required: Yes/~__~02 Draft Attached: Yes / No
Recommendation: Approval.
Department Head Signature: ~'/~~'
Ci.ty Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City_ Manager Review:
HoldAppr°ved f°r agenda: ~ / N° Until: ~/~""1 :-
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
VENETIAN DRIVE TOWNHOUSE CONDOMINIUM ASSOC. INC.
336 VENETIAN DRIVE, Unit #4, DELRAY BEACH, FLORIDA, 334113
City of Delray Beach July 13,1998
Mr. Jerry Sanzone
Chief Building Inspector
Re: Request for Modification of Standards, per Section 7.9.4
Dear Mr. Sanzone
Our condominium association has been notified that in order to replace our existing finger
pier dock we would have to request a Modification of Standards Approval per section 7.9.4 of
the city code.
We have applied for a permit to replace our two (2) existing finger pier docks, that are 5 fi.
wide and 30 fi. long each. These docks were originally installed by the developer of the
condominium, and have been in place for almost 20 years. We have received the necessary
approvals from the Department of Environmental Protection, and the Corp of Engineers (copy
attached to permit application), for the 30 ft. docks.
Our condominium is located in a cove, adjacent to the intracoastal, ( see attached site map).
The distance from our seawall to the intracoastal is over 600 ft., therefore the existing length of
these docks does not interfere with navigation of the intracoastal. The 25 foot finger pier dock
limitation is a problem because the cove in which we are located is very shallow at low fide,
and a 25 foot finger pier dock is not of sufficient length to properly secure a boat over 20 feet.
This presents a severe hardship to our association since a majority of our owners have boats in
excess of 20 ft. in length, which they have owed for many years.
The city recently approved 40 ft. finger pier docks for the condominium to the north of us,
Casa Marina,and we are requesting the same courtesy.
Sincerely,
President
(561) 243-0204
§0429 ) C F CONDO i( I'~ SPANISH RIVER~-,~i~~ BC.. "- /G~
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MIRAMAR
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HARBOUR . CO-OP ,~( I -
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(i-25) ~
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i, CONDO'
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A~ EAST L~ ~ MA~TENANCE S~O~ ARE~
648 ~R A~ SHOWN ON PLAT ~OOK 2~, PAGE g5
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UNIT t2 UNIT 13 UNIT t4
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WOOD FENCE AROUND- WOOD FENCE AROUND
TRASH CANS ~ .~' ........ TRASH CAN$ }~
2~' PA VlNG
Department of
Environmental Protection
-
Lawton Chiles Virginia B. Wetherell
Governor Secretary
JUN 0 ~ 1998 -
Mr. Rick Prout
336 Venetian Drive
Delray Befich, FL 33483
Re: File No.: 50-0140915-001
File Name: Rick Prout
Dear Mr. Prout: '
On May 20, 1998, we received your application for an exemption to replace two existing 5-ft. by 30-ft.
finger .docks with new finger docks having the exact location, configuration, and dimensions as the
existing docks. Your project is located on the Intracoastal Waterway (Class III Waters) adjacent to 336
Venetian Drive, Delray Beach (Section 16, Township 46 South, Range 43 .East).
Your application has been reviewed to determine whether it qualifies for any ~f three kinds of
authorization that may be ne. cessary for works--in wetlands or waters of the United States. The kinds of
authorization are (1) regulatory authorization,(2) proprietary authorization (related'to state-owned
submerged lands), and (3) federal authorization. The anthodty for review and the outcomes of the
reviews are listed below. Please read each section carefully. Your project may not have qualified for all.
three forms of authorization. If your project did not qualify for one or more of the authorizations, refer
to the specific section dealing with that authorization for advice on how to obtain it.
1. Regulatory Review. The Department has the authority to review your project under Part IV of
Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code 0V.A.C.), and in accordance
with operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113, F.A.C.
Based on the information you submitted, we have. determined that your project is exempt from the need
to obtain a DEP Environmental Resource Permit under Rule 40E-4.051 (3)(d), F.A.C.
2. Proprietary Review (related to state-oWned lands). The Department acts as staff to the Board of
Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations
for the use of sovereign submerged lands. The Department has the authority to review your project
under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C.
Your project will occur on sovereign submerged land and will require authorization from the Board of
Trustees to use public property. As staff to the Board of Trustees, we have reviewed the proposed
project and have determined that, as long as it is located within the described boundaries and is
consistent with the attached general consent conditions, the project qualifies for consent to use sovereign
submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider this letter as
authorization from the Board of Trustees to perform the project.
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Pnnted on recycled paper.
File Name: Rick Prout
FDEP File No. 50-0140915-00
Page 2
3. Federal Review (State Programmatic General Permit). Federal authorization f~r the pr~>posed
project is reviewed by DEP pursuant to an agreement between the Department a¥/d't~.-Army Corps
of Engineers (Corps). The agreement is outlined in a document titled CoOrdinatiOn Agreement Between
the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State
Programmatic General Permit, Section lO of the Rivers and Harbor Act of 1899 and Section 404 of the
Clean Water Act.
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As
shown oi~ the attached drawings, the proposed project is consistent with the SPGP program. The
attached Corps general conditions apply to your project. No further permitting for this activity is
required by the Corps.
The determinations in this letter are based solely on the information provided to the Department and on
the statutes and rules in effect when the application was submitted. The determinations are effective only
for the specific activity proposed. These determinations shall automatically expire if site conditions
materially change or if the governing statutes or rules are amended. In addition, any substantial
-. 'modifications in your plans should be submitted to the Department for review, as changes may result in a
permitbeing required. In any event,-this determination shall expire after one year.
Notice of Rights of Substantially Affected Persons
· ' ".' Be ~dvised that your neighbors and other parties who may be substantially affected by the proposed
· · activity allowed under this determii~ation of exemption have a right to request an administrative hearing
· (or'mediation, if available) on the Department's decision that the proposed activity qualifies for this
exemption. If an administrative hearing (or mediation, if available) is timely requested by a substantially
· "..affected person, the finding that the proposed activity qualifies for this exemption must be reconsidered,
· and'it is possible that the hearing or mediation could result in a determination that the proposed activity
does not qualify for the exemption. Under rule 28-106.111 of the Florida Administrative Code, a request
for such an administrative hearing (or mediation, if available) must be filed with the Department's Clerk
- · in the Office of General Counsel within 21 days of either: (a) publication of notice in a newspaper of
· general cireulatior/in the county where the activity is to take place; or Co) the substantially affected
person's receipt of written notice which includes the information contained in Attachment A.
The Department will not publish notice of this determination. Publication of this notice by you is
'optional and not required for you to proeee& However, in the event that an administrative hearing is
held and the Department's determination is reversed, proceeding with the proposed activity before the
time period for requesting an administrative hearing has expired would mean that the activity was
conducted without the required permits.
!fyou wish to limit the time within which all substantially affected persons may request an
administrative hearing (or mediation, if available), you may elect to publish, at your own expense, the
enclosed notice (Attachment A) one time only in the legal advertisement section of a newspaper of
general circulation in the county where the activity is to take place.
If you wish to limit the time within which any person may request an administrative hearing (or
mediation, if available), you may provide such person, by certified mail, a copy of this determination,
including Attachment A.
File Name: Rick Prout
' FDEP File No. 50-0140915-001
Page 3
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the
requirements of sections 50.011 and 50.031 of the Florida Statutes. In the evenfY6u ~ublish this
notice, within seven days of publication, you must provide to the following address a certification or
affidavit of publication issued by the newspaper. If you provide direct written notice to any person as
noted above, you must provide to the following address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District
"-.Submerged Lands & Environmental Resources Program
P.O. Box 15425
West Palm Beach, FL 33416
If you have any questions, please contact Jayne Bergstrom at 561/681-6634. When referring to your
project, please use the FDEP file name and number listed above.
Sincerely,
Environmental Manager
Submerged Lands & Environmental
Resources Program
Enclosures Consent of Use
Attachment A (Newspaper Publication Notice)
Corps SPGP General Conditions
Corps Permit Transfer
Project Drawings
cc: U.S. Army Corps of Engineers
Mr. Angelo Zepeda
B.K. Marine Construction, Inc.
3500 SW 14th Street
Deerfield Beach, FL 33442
Memorandum
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator///~
THRU: Lula Butler, Community Improvement Director
DATE: July 28, 1998
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidy to two eligible applicants under the
Delray Beach Renaissance Program.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through
September 30, 1997. An agreement to extend the program for one additional year has been
approved by all partners and the City Commission.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period accounting to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than
$40,000 per unit are forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION
Staff is recommending City Commission approval to fund subsidy for the two eligible applicants
of the following property: Lot 41, Block 1, Chatelaine / $22,000.00
Delray Oaks, Block 000/3012 / $13,500.00
s:\commun\renprg\comagend.doc
AGENDA REQUEST
Request to be placed on: Date: July 29. 1998
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When:August 4. 1998
Description of item ·
Authorization and approval to issue subsidy to two eligible applicants under the Delray
Beach Renaissance Program totaling $ 35.500.00
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff r~commends approval of subsidy award. Funds are to be awarded from the State
Housing Initiatives Partnership Program (SHIP).
SHIP total $ 35,500.00 Account # 118-1924-554-83.01
Department Head Signature~~
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~0
Funding Alternatives: .(if applicable)
Account No. & Description: ~c~_ i q2_ q -%Sh'- ~ ~. c~ i
City Manager Review:
Approved for Agenda: 0 /
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun-i\cd~renprgm\comagend.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO CENSUS TRACT 66.04
NAME Philomer~ and Ambrise Menard
PROPERTY ADDRESS 2406 Place Valencay. Delr~y Beach
LEGAL DESCRPTION Chatelaine no. 1. Lot 41. Block 1
% OF AREA MEDIAN HOUSEHOLD INCOME 43 # IN HOUSEHOLD 4
COST OF EXISTING UNIT $95.000 COST OF REHABILITATION $ 2.000.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 69.000.00 Community Finance Consortium
RATE 6.725 %
LTV 73 %
SECOND MORTGAGE $ City_ of Delrav. HOME
$ 22.000.00 City of Delray. SHIP
$ CRA of Delray
$ 3.000,00 Housing Authority.
THIRD MORTGAGE $. Federal Home Loan Bank
GRANT $. HTF "A"
APPLICANT FUNDS
Pre-paids $ 500.00
Escrowed $ 2.000.00
Paid at closing $ 2.700.00
TOTAL TRANSACTION $ 99.200,00
s:\commun\renprg\subrest.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO CENSUS TRACT 69.04
NAME M~rg~erite Levakis
PROPERTY ADDRESS 2902 $,W, 21th Terrace, Delray Beach
LEGAL DESCRPTION Delray Oaks, Block 000/3012
% OF AREA MEDIAN HOUSEHOLD INCOME 52 # IN HOUSEHOLD 1
COST OF EXISTING UNIT $59,000 COST OF REHABILITATION $ 4,250.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 41,500.00 Community. Finance Consorti0m
RATE 6.725 %
LTV 73 %
SECOND MORTGAGE $ City of Delray. HOME
$ 13.500.00 City of Delray. SHIP
$ CRA of Delmy
$. Housing Authority
THIRD MORTGAGE $ 4.000.00 Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 1,000.00
Paid at closing $ 1.374.00
TOTAL TRANSACTION $ 61,679.00
s:\commun\renprg\subrest.doc
/ · C::) c ~ OFFICE
~ - ~ ~NGT,
,
~ sou~
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~ DELRAY OAKS
PLANNING DEPARTMENT
~ ~ DELRAY B[ACH, FL
---- DIG~ ~E ~P S~TEM --- MAP REF: ~
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH:~ M~ilena Walinski, Asst. Finance Director
DATE: July 29, 1998
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
AUGUST 04, 1998 BID AWARD CANCELLATION
BID #98-17 - NUISANCE ABATEMENTS FOR CODE ENFORCEMENT
Item Before Commission:
City Commission is requested to cancel the contract awarded to Tropical Looks Landscape for
Bid #98-17, Nuisance Abatements for Code Enforcement, and authorize staff to re-bid this
service.
Background:
The contract for Bid #98-17, Nuisance Abatements for Code Enforcement, was awarded by City
Commission at their meeting of May 05, 1998, to Tropical Looks Landscape. Contractor was
notified of award and contracts were sent to the vendor for execution.
The insurance certificate submitted by Tropical Looks Landscape did not meet the insurance
requirements as specified in the bid specifications. See attached letter to Tropical Looks
Landscape dated July 07, 1998. Vendor has stated verbally, to Purchasing, he cannot carry this
insurance coverage and perform the work required in the contract for the unit price stated in his
bid. The vendor was advised he needed to submit in writing the withdrawal of his bid. As of
this date, July 29, 1998, the vendor has not responded to this request.
Based on the non-response from Tropical Looks Landscape, the best interests of the City would
be to reject the bid award and to re-bid this service.
Richard Bauer, Code Enforcement Administrator, recommends re-bidding this service and also
revising the specifications. See attached memo dated July 15, 1998.
Recommendation:
Staff recommends the cancellation of this bid award to Tropical Looks Landscape, and that if
directed by Administration, revise the specifications and re-bid the contract.
Attachments:
Memo To Tropical Looks Landscape
Code Enforcement Administrator Memo
Agenda Item No.: ~.~.
AGENDA REQUEST
Date: 3u1¥ 29, 1998
Request to be placed
Consent
XX R~3-d-l-~r Agenda Special Agenda Workshop Agenda
When: August 04~ 1998
Description of agenda item (who, what, where, how much):
Bid award cancellation to Tropical Looks Landscape for Nuisance Abatements for
Code Enforcement - Bid #98-17 - and authorize staff to re-bid these services.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if ap ~7~j
Budget Director Review (required on ali g~~ ~ nditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO~
Hold Until: ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[lTV ElF EIELRI:IV BEI:I[H
DELRAY BFACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
· l-.~'ica City
1993
Benjamin Moore
Tropical Looks Landscape
2211 N.W. 55 Way
Lauderhill, Florida 33313
Dear Mr. Moore;
The City Attorney's office has advised that your company is required to submit a
Certificate of Insurance showing coverage for Worker's Compensation. The types of
coverage and limits are as stated on page thirteen (13) of the specifications for Bid #98-
17, Nuisance Abatements For Code Enforcement.
After submittal of this required insurance certificate, your contracts will be executed by
the City Attorney's office and forwarded to the Mayor for signature.
If you have any questions, you may reach me at (561) 243-7163.
Sincerely,
Jacklyn Rooney
Purchasing Supervisor -
cc: Joseph Sa(~~inance Director
Susan Rubff, City Attorney
Frank Babin, Risk Manager
Richard Bauer, Code Enforcement Admin.
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
FROM: Frank Babin, Risk Mana~er-~/'-')
DATE: June 15, 1998
SUBJECT: Insurance Reauirements. Bid #98-17. Tropical Looks Landscape
I called Tropical's insurance agent, Marlins Insurance (954-587-7850, Charlenea), who told me
that both Benjamin and Christopher Moore, I assume the owners, only have PIP and property
damage liability coverage under their auto insurance. No bodily injury liability coverage is
provided although the bid requires at least $300,000 per occurrence, combined single limits. I
cannot explain why the City's file has a copy of Christopher's personal auto policy declaration
page indicating bodily injury liability coverage, written through Marlins Insurance.
Therefore, as specifically concerns the auto liability coverage, it would appear Tropical has not
met the intent of the bid's insurance requirements.
Please note, I discussed the issue of workers' compensation insurance and vendors with less
than four employees with Susan Ruby. We decided to ask for a written opinion from our workers'
compensation attorney, Tom Hodas (see attached copy of letter to him). As soon as I get a
response, I will advise you.
FB/rc
cc: Joseph M. Safford, Finance Director
jackiel .doc
£1TV DF DELHI:IV BEFI£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
June 15, 1998
Thomas Hodas, Esquire
Adams, Coogler, Watson & Merkel, P.A.
P.O. Box 2069
West Palm Beach, FL 33402-2069
Re: Workers' Compensation Insurance. State Exemption
Dear Tom:
This letter pertains to the City's requirement of workers' compensation insurance from
vendors doing business with the City. Specifically, I have a concern with vendors who
employ less than four employees and, therefore, by State statute are not required to
carry workers' compensation insurance.
From our discussions, my understanding of the statute on this issue is that the City can
be held liable for the workers' compensation claim expenses of a general contractor
which we hire, or their sub-contractors, if neither carries workers' compensation
insurance, whether mandated or exempted. While the City always has a tort liability
exposure in such situations, it appears the statute expands our liability exposure to on-
the-job injuries of such contractors even without any negligence on the part of the City.
For example, a contractor's employee who is lacerated by a chainsaw, which is owned
by the contractor.
This matter was brought to my attention by a recent situation in which the City
contracted with a vendor, Tropical Looks Landscape. They provided a hand-written
listing of three employees, and their three sub-contractors, each being an individual.
Therefore, Tropical does not carry workers' compensation insurance, claiming they only
have three employees. However, as we discussed, that these sub-contractors under
the law are actually employees is conceivable. In any event, if Tropical is unable to pay
a workers' compensation claim, the City could be held liable for related claims
expenses. You indicated that defending such a claim on the grounds that the statute
allows an exemption of the purchase of insurance would not generally stand up in court.
I agree with you that the City needs to consider requiring under future contracts actual
workers' compensation insurance, regardless of the number of employees a general
contractor may have. The City then doesn't need to "guess" on a vendor's insurance
and legal status. For example, employee vs. sub-contractor vs. independent contractor.
THE EFFORT ALWAYS MATTERS
)Pdnfed o~ Recycled Paper'
Thomas Hodas, Esquire
June 15,1998
Page 2
Exceptions could be made for vendors providing a Iow hazard, long term service such
as copy machine maintenance, or short term contracts such as fixing a broken window.
Please comment, citing statute provision, on my explanation of the State workers'
compensation statute and on contracting with small vendors. In addition, please provide
more information on the Certificate of Exemption of Workers' Compensation Insurance
provided by the State.
Sincerely,
CITY OF DELRAY BEACH
Frank Babin
Risk Manager
FB/rc
cc: Susan A. Ruby, City Attorney
Joseph M. Safford, Finance Director ~
Jackie Rooney, Purchasing Superv~,,~r/
wcins.doc
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: Nuisance Abatement Bid
DATE: July 15, 1998
Attached are the changes for the above bid.
(A) Page 16
3. After receiving authorization from the Code Enforcement Division, remove all
types of trash, garbage and other discarded materials from curbside and
disposing of same at an authorized disposal facility. Charges must be identified on
an invoice with the number of cubic yards specified. An invoice from the
disposal facility may be required if requested by the Code Enforcement
Division.
'(B) Page 17
5. Each invoice for completed work must show the date the work was completed,
the location/address, case number (if available), and/or legal description, and an
itemization of each service rendered, (such as invoices from disposal facilities
where trash was hauled for disposal). If supporting invoices are required,
they must be attached to the invoices submitted for payment.
(C) Page 18
C. BID AWARD: The awarding of this "Invitation to Bid" will be based on an
evaluation of the Bidder's references, past services (where appropriate) and
contents of the currently submitted proposal. The award will be made to one or
more bidders who provide the city with the most advantageous price and
promptness and quality of service for the categories stated on the Bid Form.
(D) Page 21
CATEGORY III: Removal and disposal of all types of trash, garbage or
other discarded materials at an authorized disposal site: includes all labor,
material, and disposal costs. A receipt from the disposal site is required.
Please rebid these jobs as soon as possible.
Please send a bid package to Browning Ferris Industries, Attention: Tim Mc Closkey,
Operations Manager, 1475 S. W. 4th Avenue, Del_ray Beach, FL 33444.
Thank your your continuing help in this matter.
RB:pw
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~.~ .- REGULAR MEETING OF AUGUST 4, 1998
RESOLUTION NO. 47-98
DATE: JULY 30, 1998
This is a resolution assessing costs for abatement action
necessary to remove nuisances on 15 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. 47-98 assessing costs for
abating nuisances on 15 properties throughout the City.
ref:naagmemo
RESOLUTION NO. 47-98
A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL
ACCOMPAN~ 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
ASSESSMENTS.
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 A~ministra-
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 Co~---ission 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
s~me 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 ~mmediately mail by first class mail to the owner(s)
2
Res. No. 47-98
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Co-~ission 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) ~ays after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
MAYOR
ATTEST:
City Clerk
3
Res. No. 47-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
DELL PARK, LTS 3 & 4, BLK 8, PB 8, P 56, PUBLIC RICHARD A. COURT, ESTATE $128.00
RECORDS OF PALM BEACH COUNTY, FL C/o MONT COURT 70.00 (ADM. FEE)
(1012 NE 3P'v AVENUE) 584 S 700 WEST
PAYSON, UT 84651
CHATELAINE NO 1, LOT 9, BLK 7, PB 29, P 95, MICHELE FORD & $69.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROSALYN T. JONES, ET AL 70.00 (ADM. FEE)
(3601 CHATELAINE BLVD.) PO BOX 398
BOYNTON BEACH, FL 33425
TOWN OF DELRAY, S 200 FT OF W 100 FT OF BLK PIERRE G. FRANCOIS, ET AL $41.00
56, PB 20, P 55, PUBLIC RECORDS OF PALM 117 SW 4TM AVENUE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(117 SW 4TM STREET)
POINCIANA HEIGHTS OF DELRAY BEACH, LOT FREDDIE M. SMITH $ 85.00
24, PB 26, P 245, PUBLIC RECORDS OF PALM 332 NW 11TM AVENUE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(332 NW 11TM AVENUE)
RESUB OF BLK 29, DELRAY BEACH, LOTS 28 & CHARLIE TERRY $93.00
29, BLK 29, DELRAY BEACH, PB 9, P 66, 39 SW 9TM AVENUE #3 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(95 SW 5TM AVENUE)
HALLER & GROOTMANS SUB, LOT 31, PB 5, P 4, RANDALL A. WALKER $41.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 414 NE 7TM AVENUE 70.00 (ADM. FEE)
(414 NE 7TM AVENUE)) DELRAY BEACH, FL 33483
SOUTHRIDGE, LOT 23, BLK 2, PB 13, P 38, ,PUBLIC MICHAEL ACHELUS & $47.00
RECORDS OF PALM BEACH COUNTY, FL MADELEINE ACHELUS 70.00 (ADM. FEE)
(335 SOUTHRIDGE ROAD) 335 SOUTHRIDGE ROAD
DELRAY BEACH, FL 33444
TOWN OF DELRAY, S50 FT OF N200 FT OF W 135 LAURIE BAKER $106.00
FT OF BLK 20, PB 1, P 3, PUBLIC RECORDS OF 330 WASHINGTON AVENUE 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(33 NW 6TM AVENUE)
PRIESTS ADD TO ATLANTIC PARK GARDENS, VIRGINIA BRYANT $-0-
LOT 1, BLOCK 4, PB 23, P 70, PUBLIC RECORDS OF 203 SW 14TM AVENUE 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(203 SW 14THAVENUE)
4
RES. NO. 47-98
SOUTHRIDGE, LOT 29, BLK 2, PB 13, P 38, PUBLIC ANTOINE C. DENISCA $ 65.00
RECORDS OF PALM BEACH COUNTY, FL 309 SOUTHRIDGE ROAD 70.00 (ADM. FEE
(309 SOUTHRIDGE ROAD) DELRAY BEACH, FL 33444
SOPHIA FREY ADD, LOT 14 & LOT 15 (LESS N 1/2), JOHN D. GWYNN $33.00
BLK 2, PB 1, P 3, PUBLIC RECORDS OF PALM 811 NE 8TM AVENUE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33483
(890 & 892 NE 7TM AVENUE))
WILLIAMS SUB, LOT 2, PB 24, P 180, PUBLIC ARNETTA HAYWOOD $ - 0 -
RECORDS OF PALM BEACH COUNTY, FL 325 ROOSEVELT AVENUE 70.00 (ADM. FEE)
(236 S.W. 15TM AVENUE) DELRAY BEACH, FL 33444
TOWN OF DELRAY, S I/2OFLOT5, BLK30, PB 1, P ETHELMACKEY $51.00
3, PUBLIC RECORDS OF PALM BEACH COUNTY, C/O SHIRLEY M. WALLACE 70.00 (ADM. FEE)
FL 1120 NW 64TM STREET
(129 SW 5TM AVENUE) MIAMI, FL 33150-4231
SOUTHRIDGE, LOT 28, BLK 2, PB 13, P 38, PUBLIC ANTOINE MESIDOR & $44.00
RECORDS OF PALM BEACH COUNTY, FL JEAN L. ARISTILDE, ET AL 70.00 (ADM. FEE)
(3 ! 1 SOUTHRIDGE ROAD) 311 SOUTHR1DGE ROAD
DELRAY BEACH, FL 33444
HIGH ACRES, LOT 7 (LESS E 16 FT), PB 21, P 85, ELAINE J. MORAN $40.00
PUBLIC RECORDS OF PALM BEACH COUNTY, 114 NW 16TM STREET 70.00 (ADM. FEE)
(114 NW 16TM STREET) DELRAY BEACH, FL 33444
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
5
RES. NO. 47-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lVlg~AGER~4~
SUBJECT: AGENDA ITE~ # ~ REGULAR MEETING OF AUGUST 4, 1998
AWARD OF BIOS AND CONTRACTS
DATE: JULY 30, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Purchase award in the amount of $27,100 to Pifer, Inc., via
Village of North Palm Beach Golf Course Equipment
Maintenance Bid, for one (1) Pifer Model #250 Mower for the
Municipal Golf Course, with funding from 445-4761-572-64.90
(Golf Course Capital Outlay - Other Machinery/Equipment).
2. Purchase award in the amount of $26,103 to Gateway 2000
Major Accounts, via State of Florida Contract, for the
upgrade and replacement of computer equipment in the
Finance, Fire, and Community Improvement Departments, with
funding from 334-6112-519-64.11 (General Construction Fund -
R&R/Computer Equipment).
3. Bid award in the amount of $18,750.00 to Transportation
Consultants, Inc. to provide a comprehensive analysis of the
City Garage operation, with funding from 501-3311-591-31.90
(City Garage - Other Professional Services).
4. Bid award in the amount of $64,477.50 to Arbor Tree &
Landscape Co., Inc. for construction of the Shadywoods
Roadside Swale Project, with funding from 448-5411-538-63.66
(Stormwater/Other Improvements - Shadywoods) .
Recommend approval of the bid and contract awards listed above.
ref:agmemo8
Agenda Item No.:
AGENDA REQUEST
Date: 3uly 29, 1998
Request to be placed on:
Consent
XX R~4~-r Agenda Special Agenda Workshop Agenda
When: August 04, 1998
Description of agenda item (who, what, where, how much):
Purchase Award - One (1) Pifer Model #250 Mower for the Delray Beach Golf Club
via VillaKe of North Palm Beach Golf equipment maintenance bid for total amount
of $27,100 awarded to Pifer, Inc.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Pifer, Inc, for the purchase of one (1) Pifer Model
#250 Mower for the total cost of $27~100 via the Village of North Palm Beach
Golf equipment maintenance bid.
Funding from account #445-4761-572-64.90
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: E~ NO
Funding alternatives: (if applicable)
Account No. & Description: ~b----~J -~7Z--~,76
Account Balance: ~l-~ ~.oo c~a ~o'~-~--%~~
City Manager Review:
ApprovedHold Until: for agenda: ~"~ NO ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH.'~lena Walinski, Asst. Finance Director
DATE: July 29, 1998
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
AUGUST 04, 1998 - PURCHASE AWARD
PIFER MODEL #250 MOWER FOR DELRAY GOLF CLUB
VIA VILLAGE OF NORTH PALM BEACH EQUIPMENT BID
Item Before Commission:
City Commission is requested to approve the award for the purchase of one (1) Pifer Model #250
Mower for the Delray Beach Golf Club from Pifer Inc. for a total amount of $27,100.
Background:
The Delray Beach Golf Club is in need of a new mower for the golf course as the present mower
is approximately 20 years old and maintenance parts are difficult to obtain.
This mower is available for purchase via the Village of North Palm Beach Golf Course
equipment maintenance bid awarded to Pifer Inc. for a total amount of $27,100 (A tabulation of
bids is attached for you review). Delray Beach City Commission awarded to Pifer Inc. for the
purchase of this same model in December, 1997. The unit price of this mower via the Village of
North Palm Beach bid is lower the G.S.A pricing for this same equipment.
The vendor has agreed to extend the same prices as awarded to them in December 1997. See
attached letter from Pifer Inc.
The Golf Course recommends award to Pifer Inc. per attached memo dated July 29, 1998.
Recommendation:
Staff recommends the purchase of one (1) Pifer Model #250 Mower via the Village of North
Palm Beach Golf Course equipment maintenance bid for a total cost of $27,100. Funding from
account code #445-4761-572-64.90.
Attachments:
Memo From Golf Course
Memo From Pifer Inc.
1997 Commission Award
MEMORANDUM
7/29/98
To: Jackie Rooney
From: Tom Arendt
Re: Purchase of Rough Mower.
We have a problem mowing roughs and greenslopes at the Dekay Golf Club. One of
our present machines is almost 20 years old and is very difficult to keep up and running.
These mowers are not being manufactured anymore and parts are very hard
to obtain.
We had intended to purchase a new rough mowing unit in the next fiscal year and
other machinery this year. It is necessary that we reverse the order of these purchases
due to present equipment problems.
In December we purchased a mower for fairways. We recommend purchasing a
duplicate of this machine, set up for rough mowing. It fits our needs perfectly and we
can purchase this machine for the same price.
Attached are:
1. Letter from Ransomes distributor extending the same price.
2. Copy of invoice, with the original purchase order number, from Dec. 23, 1997.
3. Approval from Mr. Dubin.
cc. Brahm Dubin
Erin Dougherty
7/21/98
To: Brahm Dubin
From: Tom Arendt
Cc,
Re: Capitol Purchases FY98
You have approved purchase of a deep tine aerifier and a topdressing machine under
this years' capitol equipment purchases. We have had a problem that has caused us to
reconsider this purchase. Our present rough units are extremely old. We purchased one
of them, used, six years ago for three thousand dollars and have nm it ever since. This
machine is 20 years old, not manufactured any more, and parts are virtually nonexistent.
We have an old parkmaster carcass from which we have been pirating parts to keep our
units running.
We need a good machine to cut green slopes, tee slopes, and hills. Both here at
Delray and at Lakeview.
Pifer (Ramsom's distributor) will sell us a machine for the same price as the model
250 we purchased .in December. PO# 563384 copy attached. This machine was going to
be purchased in October but we need it at the present time.
City purchasing will duplicate the order if you approve the change. This is a
necessary purchase and I would like to proceed as soon as possible.
~ Pifer I~ernltlonll, Inc.
~ ~, E-Z-Oo. C~
All Gof ~;urse ~es ~ng ~ ~ ~e 1972
1350 Indiantown Rd. · Route 706 · Jupiter, Florida 33458 · Phone (561) 746-5321
City Of De'It*ay I~each
Attn: Oackie Rooney
100 N.W. 1st Avenue
Dalray Beach, Florida 33444
Dear Oackie,
This letter is our offer to extend the same price for a Ransomes
250D as you previously recei~,ed on your purchase order # 563384. The
price extended was $27,100.0().
This offer will remain *n effect until September 30th, 1998, after
which you will need a new letter of extension if possible.
Please feel free to giw. me a call if you have any questions.
As always, we appreciat~your business.
Bryan Riddle
Sales Manager
~-. TOLL FREE 1-800-3~'1-8374 Facsimile (561) 746-5510
e-mail: Pifer~pifer-intematio~al.com , e-ma~; sc(,Llj@pifer-international.com · website: www. pifer-intematicmaLcom
Servfng Central & SoUth America, · Bahamas. Caribbean ·Bennuda, Europe
~ outh Florkia
NOV. -26'97(WED) 17:05 PIFER,, I'NG.., TEL:561-746-$510 P. O01
Pifer International, Inc.
/an Jacobsen. E-Z-Go. Cushman
1~0 Indlantown Rd. - Route 706 - Jupiter. Florida 33458 · Phone (561) 746-5321
Wednesday, November26,1997
KATHY BUTLER
CITY Of DELRAY BEACH
320 S.W. 4TH ST.
DELI::~Y BEACH, FLORIDA 33444
DEAR KATHY,
THIS LE'I'-rER IS TO CONFIRM THAT PIFER, INC. WILL EXTEND THE PRICE
FOR A RANSOMES 250 THAT WAS OFFERED TO THE VILLAGE OF NORTH
PALM BEACH, TO THE CiTY OF DELRAY BEACH.
THE PO #013578 WAS AWARDED BY THE VILLAGE OF NORTH PALM
BEACH ON 12/17/96. THE PURCHASE PRICE WAS $27,100.00, WITH ALL
OF THE MENTIONED SPECIFICATIONS MET.
PLEASE FEEL FREE TO GIVE ME A CALL IF YOU SHOULD HAVE ANY
QUESTIONS.
^S ALWAYS, WE APPRECIATE THIS OPPORTUNITY.
SALES MANGER
BP. Jnf
website: www. pifer-international.com
TOLL FREE 1-800-321-8374 Facsimile (561) 746-5510
e-maih piler@pifer-international.cem e-mail: scottj@pifer-international.com
Serving Central & South America - Bahamas. Caribbean. Bermuda · Europe
South Florida
(~Delray Beach Golf Club
Date: Time.'
To: ~(~f4 ff 14 W Phone:
~p ~ ~[ L ~ O- Fax:
From: Phone: (56I) 243-7385
l
Number of Fages including cover sheet: ~ * ~- ,
Message: ~_,,~/~ .
RANSOMES CUSHMAN RYA1W
GSA CONTRACT #: GS-07}F-9693G
CONTRACI' PERIOD: 9-.1-1~97 TO 2-28-2001
SLN #: MODEL #: DESCRIP'IION: PRIC]~:
341-4 945000 RAN$OME25 2~0, ~ GANG FA[RV,/AY LrNIT 18,335.20
23 liP. DIESI~L, 2 WI{EEL DRIVE
341..4 ' ~45001 KA.~SOMES 250, .5 GANG FAIRWAY UNIT 18,963.00
2g I-IR DIESEL, 2 WHEEL DRIVE
341-4 94~002 t:;L~N'SOM~.$ 250.5 GANG FAIRWAY ~ 20,221.20
25 I'{P. DIESEL, a WHEEL DRIvE
J41.-4 945003 RANSOME$ 250. 5 GA.,-x~ FAIRWAY UNIT 22,1.10.60
33 FIP. DIESEL, 4 WFiEEL DR~IVE
341-4 945009 RA~ME~ 2~0, 5 GANG FA/RWAY UNIT 20,]47.60
33 FiP. DIF_~EL, 2 WHEEL DRIVE
341-25 1~92332 5" DIA.., 9 BLADE REFl. ( 5 REQUIRED ) '920.20
341-25 S92334 5" DIA... '7 BLADE REF_.L ( 5 REQUIRED .3 920.20_~L.
341'-25 960001 6.5"' DIA.., 7 BLADE REEL ( $ REQUIRED ) I.,350.20
<'r' ')341--25 960000 6.5'' I I BLADEREEL 5
DIA..,
REQUIRED
)
!,350-20
34:"25 960006 6.5'' DIA., VERTICUT REEL ( $ 1LEQUtRED) 1.212.60
34 !'25 970041 ORAS$ CATCFLER$ FOR 960001 & 960006 '533.20
341--25 892O06 OR.ASS CATCHERS FOR 892332 ( 5 REQUIR[:'D ) 120.40
341--25 970057 FRONT LIGHT KIT 8{5.00
.341--25 9.70078 ROLL OVER PROTECTION sYsTF--,M 507.40
· 341 '25 9700"/9 CUTTING HEAD ~DAPTER ALLOWS 5" ]'IF~JD$ 490.20
MOtYN'TING ON 211 & 33 H.P. U~IT$
341--25 970080 DELUXE MIL]~ SEAT 31{7.00
3~41--25 970081 DELUXE GRAMMAR SEAT 49g.6g
341-25 970076 ~ER GROOVED FRONT SET OF 5 154.80
3a 1-25 $9232g REAR ROLLER SCRAPERS ( 5 REQUIRED) 25.80
3al-25 9200S9 TUR,F PRCrFECTION SYSTEM "$16.00
3414 ~001 ' RANSOMES 405, 70ANG FAIRWAY LTN1T 2~),2~.80
46.s vms ., 4 wm a. WaVE
341-25 960007 6.5" DIA.. 7 BLADE REEI~ ( 7 REQUIKE~ ) 1,521.52
341-25 960008 6.5" DIA.. 11 BLADE R.~EL~ ( 7 REQUIRED } ! .$21.32
3a 1-25 960013 6.5" VERTICUT HEADS ( 7 REQUIRED ) : 1,277.64
341-25 9e0057 FRONT LIGHT KiT 86.0O
3,41-25 970080 DELUXE M2[LLS SE. AT 357.00
341-25 970081 DELUXE GRAMMAR SEAT a98.6g
341-23 970 ! 13 SCKAPERS FRONT ROLl,ER ( SET OF 7 ] 213.00
341-25 970089 TURF PROTECTION SYSTEM 516.00
- 9BELE~IBq 01 :I0 /66I/§0/CI
Agenda Item No.: fi'. ~. o~.
AGENDA REQUEST
Request to be placed on: Date: July 27, 1998
_XX_Consent Agenda __Special Agenda __Workshop Agenda
When: August 4, 1998
Description of agenda item (who, what, where, how much): Purchase Award for upgrading
existing computer equipment for Finance, Fire and Community Improvement Departments from
Gateway 2000 Major Accounts for a total cost of $26,103.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award purchase to Gateway 2000 Major Accounts for a total of $26,103.00.
Funding from account #334-6112-519-64.11.
Department Head Signature.'--~a.~_ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: (~/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance: ~t~)
City Manager Review:
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ff-~
THROUG~k~ilena Walinski, Asst. Finance Director
DATE: July 27, 1998
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 4, 1998 - PURCHASE AWARD - TO GATEWAY
2000 MAJOR ACCOUNTS FOR REPLACEMENT OF
COMPUTER EQUIPMENT
Item Before Commission:
The City Commission is requested to approve the purchase of the above referenced subject to
Gateway 2000 Major Accounts, for a total cost of $26,103.00.
Back~
The Finance, Fire and Community Improvement Departments are requesting to upgrade and
replace their existing computers.
The computer equipment is available for purchase utilizing the State of Florida Contract//250-
040-96-1.
Funding is budgeted in the FY 97/98 budget, Repair and Replacement account//334-6112-519-
64.11.
Recommendation:
The Purchasing Staff concurs with the recommendation to purchase the computer equipment
from Gateway 2000 Major Account, for a total cost of $26,103.00.
Attachments:
Pricing from State of Florida Contract//250-040-96-1
cc: Jacklyn Rooney, Purchasing Supervisor
agenda.doc
PI620U02 City Of Delray Beach Florida 7/21/98
~ition number: 000006~3392 Buyer Processing 8:23:46
Type information, press Enter.
Type (F4) ....... 1 PURCHASE REQUISITION
Reason ........ REPLACEMENT PCS FOR FINANCE EMPLOYEES
By .......... FLYNN/SAFFORD/ZUCCARO/KB
Date ......... 070998
Vendor number ..... 1489
Name (F4) ...... GATEWAY 2000 MAJOR ACCOUNTS
Search type ..... B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4) ..... MI MANGT. INFO. SYSTEMS
Deliver by date .... 072798
Fiscal year code ~ C=Current year, P=Previous year, F=Future year
Type options, press Enter.
l=Select for P.O. 2=Change 4=Delete 8=Extended description 9=Quotes
Opt Line# Quantity UOM Description
1 4.00 EA GATEWAY E SERIES E-4200-333 (SEE CONFIGURATION)
_ CONFIGURATION: BASE PRICE 2058.00
_ 333MHZ PENTIUM II PROCESSOR WITH 512K CACHE +
COMMENTS EXIST Total: 9,492.00
F3=Exit F4=Prompt F6=Add item F7=Alternate view
F8=Req quotes F9=Generate P.O. F12=Cancel F24=More keys
.PI62OU02 City Of Delray Beach Florida 7/23/98
Req~ition number:' 9000063367 Buyer Processing 11:46:16
Type information, press Enter.
'~'ype (F4) ....... ! PURCHASE REQUISITION
Reason ........ REPLACEMENT PCS FOR FIRE SAFETY
By .......... FLYNN/WICKERT/ZUCCARO
Date ......... 070898
Vendor number ..... ~489
Name (F4) ...... GATEWAY 2000 MAJOR ACCOUNTS
Search type ..... B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4) ..... MI MANGT. INFO. SYSTEMS
Deliver by date .... 072798
Fiscal year code ~ C=Current year, P=Previous year, F=Future year
Type options, press Enter.
l=Select for P.O. 2=Change 4=Delete 8=Extended description 9=Quotes
Opt Line~ Quantity UOM Description
1 3.00 EA GATEWAY E-SERIES 4200-333
CONFIGURATION: BASE PRICE 2058.00
_ **NO 3COM ETHERNET CARD (-62.00) +
COMMENTS EXIST Total: 7,119.00
F3=Exit F4=Prompt F6=Add item F7=Aiternate view
F8=Req quotes F9=Generate P.O. F12=Cancel F24=More keys
7/~02 City Of Delray Beach Florida 7/21/98
Requisition number: 0~0060~3331 Buyer Processing 8:22:12
~YPe information, press Enter.
~ype (F4) ....... 1 PURCHASE REQUISITION
Reason ........ REPLCEMENT PCS FOR COMM. IMPROVEMENT
By .......... FLYNN/ZUCCARO/BUTLER
Date ......... 070798
Vendor number ..... 1489
Name (F4) ...... GATEWAY 2000 MAJOR ACCOUNTS
Search type ..... B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4) ..... MI MANGT. INFO. SYSTEMS
Deliver by date .... 072798
Fiscal year code ~ C=Current year, P=Previous year, F=Future year
Type options, press Enter.
l=Select for P.O. 2=Change 4=Delete 8=Extended description 9=Quotes
Opt Line# Quantity UOM Description
_ 1 4.00 EA E-SERIES 4200-333 (PLEASE SEE CONFIGURATION)
_ CONFIGURATION: BASE PRICE 2058.00
_ **NO 3COM ETHERNET CARD (-62.00) +
COMMENTS EXIST Total: 9,492.00
F3=Exit F4=Prompt F6=Add item FT=Alternate view
F8=Req quotes F9=Generate P.O. F12=Cancel F24=More keys
Gateway
::'i~:~ ?' SPURS#421249184-002 PORT
LEVEL I & LEVEL II
STATE OF FLORIDA CONTRACT #250-040-96-1
GATEWAY E SERIES E4200 333
F~TURES DRIVE OPTIONS
· ~l~333N~Penfi~~or~12KCache 2GB~ATA~ve .......................................... ~act: $
m ~ SD~ e~le m 384~ 4GB ~m ATA ~ve ........................................... ~act: $ 40
· EW00(1T'Mo~mr, 15.9"he~le) 8.4GB ~mATA~ve ............................................... add: $ 50
I A~8~ AGP~p~lemmr I~B ~mATA~ve ............................................... add: $ 150
m 6.~B ~mATA~d~ve 14,4GB ~mATA~ve ............................................. add: $ 360
m 3.5" 1.~Dkke~ve ~M~B SCSI~ve~n~oll~ ....................... add: $ 246
I 13X~3ZX~CD-ROM Se~2~BSCSI~vem~oll~ .................. add: $ 375
,~ PC[ 1O, q0O T~ Pa2 Efl,~ai~ ~ ~xc~l ~ ~B 72~ ~M SCSI ~ve x~& ~n~oller ............ add: $ 526
~,~/lCd+ManagememAdapterw/ mB10r~MSCSr~vex~i~mn~oller ............. add: $ 841
.~ ~l~ N~: 9GB 10K~M ~SI ~n~ ~D~ C~
Please Note: If the network card ~ not stipulated on the order, For M~tioml ~M ......................................... Md: ~8 per 1~
3Corn ~ be selected by default
· SloU: ~ee 32-bit PC[ ~e 1Gbit B& ~e PC[~A md ~DEO OPTIONS
~e AGP EV5~(15"Mommr, 13.9" hex~le) ................. ~act: $ 130
· USBPom ~7~(1T'Mo~mr, 16"h~ble) ........................... add: $ 120
I ESedesNfidTower~ ~(19"Mommr, 18"he~mble) ........................... add: $ 210
~ l~+Ke~md ~ll~(21'Mommr, 19.7"~e~le) ......................add: $ 715
m MS ~ml~fo~ md G~y Mo~ P~ A~ 4~ AGP ~p~cs A~lmmr ................. =~Wact: $ 30
m ~mi ~k® Cli~t ~ So~e V~ion 3.1 ~'i~a 4~ AGP ~ph~ A~l~mr ........... ~Vact: $ 20
a ~crosoff Windows 95 w/Windows 98 Fmc Upgrade Pem~a 5v AGP 8~ Vid~ Crud ........................... add: $ 20
Coupon*
· McMee® ~fi-V~ So~ MULTIMEDIA OPIIONS
~ ~m~yGoldSUS~dSuppon D;~SRom~ve ........................................................ add: $ 175
$ 2058 DELIVERED 13X m~3ZX m~ SCSI CD-ROM (w/Comone) ...... add: $ 165
~ ~ ~ e ~/~' ~ & ~und Blas~r 1~ or ~und Bl~r AudioPC164V m~
~q~ ~o ~ ~~3~~a~~~ ~Sl~S~by~m® ................. add: $ 60
m&BosmnAco~tim*BA635 Sphere .................. add: $ 90
'~7~ ~/~ ~ ~4~ e~mn,~o~tim Me~a ~ea~r Spe~em ........ add: $ 205
SO--ARE OPTIONS ~ PERIPHE~LS
¢ ........................................... 30
~om~ Office 97 ~e SBE a~: $ 79 E-S~ Tower C~e ..................................................... ~: $ 35
~~ TelePa~*M~em fm W~do~ w/~m T~h .......... add: $ 79
O~ce
97
~of~io~
~e
hml ~sk A~smmr So~e V~ion~~3. ~; $ 49 TelePa~ Mod~ w/~ T~ol~ ............................ add: $ 129
U~e m wm~ 4.0 W~on ~om W~ ~ 3COM ISA T~s~d Pak E~effC~ ...... ~Wacr $14/NC
~d'~ [-"----'---~Upgmde~o~gmdes ~ ~mdo~ NT 4.0~ SMC~ ~I T~smd P~NC E~emet ~p~ ...................... N/C
Note: Wmd~$ ~ 4.0 ~ a 32~it o~m~g ~stem de~ed~r ~ess SMC PQ 10/100 Tmsmd P~ w/WOL E~et ................... N/C
app~ons. ~k~salesrepres~rms~ceonnhichopem~e ~MPCI Tok~R~C~d ......................................... ~d: $ 95
~,tem ~ comect for ~u app~cag~.
Note: Ogened so~e c~not be remed~r cre~ ~ept when fie ~'stem ~ Po~ 1 ~ps F~t E&~et H~ ............................ add; $ 119
~ being ret~ed' ~en, allso~e ~ be re.ed wi~ fie ~stem. 8-POg 1 ~N~ps F~t E~emet H~ ............................. add; $ 259
Wo~on ~r Free Up, de to Wm~s 98 ~ on& ~bk ~M 6/2ff98 ~P~k of ~ble f~ Hub ............................................... add; $ 29
IO~GA® ~ Zip ~ve w/2 Zip Dm~ ............. add: $ 99
SERVICE IO~GAE~e~ ~ ~ve ....................................... add: $ 159
~m~yGold~im ................................................ add; $ 99 S~rD~ LS-I_0w/2Dm~ ................................. add: $ 99
~mway~Idomimsys~m~lmion .................... add; $ 129 SuperDiskLS-120w/2Dm~(~3.Y'~D) ......... add: $ 69
~ 1998 ~ 2~, ~c. ~ ~ ~ed. ~ md ~e ~ ~d logo me ~ of ~ ~0, hc, ~ ~ o~ ~ ~d ~ ~
~ or m~ed ~ of ~ ~ve comping. ~y ~ vodu~ m ~om ~e~d to ~ ~~ wh~ ~ ~ ~om &e
~ v~om of~e ~ ~W~ ~e ~ ~o~. ~ce or comp~. ~me ~ md s~c~ ~ nm ~ ~le f~ fl mo~
l~om. ~ ~ces ~d co~ ~ ~ m ~e ~om n~ce or obligmon. ~g& 5qS& ,~m~ ~ ~d ~co~ ~c~ C.O.D.
610 Gateway Drive * P.O. Box 2000 * North Sioux City, South Dakota 57049.2000
Tde~h rte 605-232.2000 · Fax 605 -.3.-.601 * Toll Free
, Agenda Item No.: ~' ~ -~.
AGENDA REQUEST
Date: July 30, 1998
Request to be placed on:,
x Regular Agenda Special Agenda Workshop Agenda
When: August 4, 1998
Description of agenda item (%4ho, what, where, how much): City Commission
is requested to approve a bid award to Transportation Consultants, Inc. in the amount
of $18,750 to provide a comgrehensive analysis of the City GaraKe operation. FundinE
is a. vailable in account number 501-3311-591-31.90 "Other Professional Services".
ORDINA/qCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: ~,~ ~~.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding alternatives: ~ '-~' (if applicable)
Account No. & Description:
City Manager Review:
ApprovedHold Until:f°r agenda: ~fi NO
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1T¥ (IF DELRI:I¥ BEI:I£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ° (561)243-7000
AII-AmericaCity
TO: David T. Harden
~ 99} City Manager
FROM: ~>Robert A.
Barcinski
' ' Assistant City Manager
DATE: July 30, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
AUGUST 4. '1998 BID AWARD - CONSULTANT SERVICES/CITY
GARAGE
ACTION
City Commission is requested to approve a bid award to Transportation
Consultants, Inc. in the amount of $18,750 to provide a comprehensive analysis
of the City Garage operation. Funding is available in account number 501-3311-
591-31.90 "Other Professional Services".
BACKGROUND
A solicitation for proposals to complete a comprehensive review of the City
Garage operations was sent out on July 8, 1998. The purpose of this solicitation
was to seek the services of a qualified consulting firm to review various aspects
of the City Garage operation and to provide recommendations for changes to
improve the service provided and to try to reduce costs. Areas to be reviewed
include staffing and staff mix, employee training, preventative maintenance
programs, outsourcing versus in-house repair, computer systems and utilization,
parts management, fiscal management, other resource assessment, and general
repairs.
Two firms submitted proposals. Proposals were evaluated on firm experience,
qualifications of the project team, pricing, workplan analysis, and reference
checks. The firm being recommended not only submitted the best price, but had
excellent references and submitted a very professional workplan.
THE EFFORT ALWAYS MATTERS
Agenda Item
Agenda Item City Commission Meeting August 4, 1998
Bid Award - Consultant Services/City Garage
Page #2
July 30, 1998
RECOMMENDATION
Staff recommends the award of a consultant services contract to Transportation
Consultants, Inc. to perform a comprehensive analysis of City Garage operations
in the amount of $18,750 with funding to come from account number 501-3311-
591-31.90 "Other Professional Services".
RAB/tas
File:u:sweeney/agenda
Doc:O73098a.doc
MEMORANDUM
TO: Bob Barcinski, Assistant City Manager
FROM: Hoyt Owens, Deputy Director Public Works ~
DATE: July 30, 1998 /
SUBJECT: CONSULTANT EVALUATION SERVICES
FLEET MAINTENANCE OPERATIONS
As per your request, Bill Darty and I have reviewed the two (2) responding consultant's
qualification package on the above subject. Although both respondents appear to have a
good mix of public and private industry fleet evaluation experience, Transportation
Consultants, Incorporated (TCI) documents present a more detailed analysis approach.
TCI is also the lowest bid for the services requested.
It is our understanding that you have contacted several references which were provided
by TCI. Their previous clients indicate that they are well pleased with the services
provided and in some instances have used TCI on multiple projects, which span several
years in succession.
We concur with your observation that TCI is the best and lowest cost respondent to
provide an analysis of our Fleet Maintenance Division.
If you have additional questions, please call.
attachments:
c: Bill Darty w/o attachments
a:assesmnt, flt disk #1
RECEIVED
JUL 2 3 1998
ASSISTANT
CITY MANAGER
Transpodation Consultants, Inc. 404/250-0100
7000 Peachtree Dunwoody Road 404/250-0253 FAX
Building 10, Suite 200
Atlanta, GA 30328
July 22, 1998
Mr. Robert Barcinski
Assistant City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
Transportation Consultants, Inc. (TCI) is pleased to submit for your approval, this
proposal to assist you in reviewing operations in the Delray Beach Fleet. Based on our
review of your July 8, 1998 RFP, it is our understanding that you desire outside
assistance to assess the operation, chart a fleet management improvement program, and
provide recommendations -for changes.
You will find that our firm and the individuals we will commit to the assignment in
Delray Beach have extensive, similar experience in public settings. More specifically,
we believe you will find that our team is uniquely qualified for the following four
reasons:
1. Extensive Public Sector Experience. This assignment will be directed by Stephen
W. Bumett, TCI Senior Vice President and Director of our Public Sector Fleet
Practice. You will note in a subsequent section that we are committing Mr. Bumett to
several days of effort on this assignment. You will also note that his consulting
experience includes fleet assignments with public sector entities such as St. Louis,
MO; Houston, TX; Atlanta, GA; Wilmington, DE; Los Angeles, CA; Dallas, TX;
Kansas City, MO; Concord, NH: and many additional (80) cities, counties, districts
and authorities. He knows and appreciates the special needs and demands of a
City of Delray Beach 1 July 22, 1998
diverse public sector fleet, as well as the uniqueness of the support systems with
respect to procurement, disposal, acquisition, and maintenance management.
You will also find that he may be assisted by experienced, hands-on public sector
fleet people such as Director of Maintenance Practices (Mike Joyner), Fleet Analyst
(Jim Carter) and Vice President of Maintenance Practices (Marvin Psalmond).
2. Applicable Private Sector Experience. Upon review, you will find that TCI has an
extensive private sector background, which offers very comparable and transferable
experience to the assignment in Delray Beach. For a number of clients (New York
Times, Anheuser Busch, Lever Brothers, Pathmark, Coca-Cola, and others), we have
analyzed similar issues that the City is setting forth for us. In fact, we are currently
conducting a number of similar studies (Decatur, GA, Shreveport, Little Rock, etc.) in
some of the same issues (staffing, procurement, utilization, etc.) that the RFP
enumerates.
3. Wide Range of Fleet Management Expertise. As noted in our response, you will
find that the individuals assigned to this engagement have accumulated similar,
applicable experience in areas such as utilization, management information,
procurement and inventory control, consolidation, privatization feasibility studies,
resource allocation analysis and the like. We fully expect them to apply this
experience and expertise to the situation in Delray Beach.
4. Extensive Florida Experience. As you will see in the resource section, Mr. Bumett
has completed fleet management reviews in Tampa (twice), Jacksonville, Putnam
County, Dade County, Clearwater, and Gainesville.
BACKGROUND
Delray Beach is one of the larger cities in Palm Beach County with a population of over
52,000. Fleet assets are an integral part of city services with the fleet size now
approximating 300 units.
With such a large investment, the City is entertaining the idea of an outside assessment to
not only focus on cost containment, but on specific issues such as outsourcing and
financial management issues. Accordingly, the City has requested this proposal from
TCI.
City of Delray Beach 2 July 22, 1998
Several questions need to be answered in this competitive assessment:
· Are we (Delray Beach) getting good value for our maintenance dollar?
· How do we stack up against similarly sized cities in terms of cost per unit?
Performance measures? Staffing ratios?
· How do our costs and performance measures compare to those cities with privatized
fleet services?
· Are we assigning the correct mix of work to outside vendors on a rational basis?
Should more or less of the functions be outsourced?
· What measures can we institute to be more competitive? More value-driven?
· How can our processes be improved? Customer Service? Information?
· In summary, what can we do to convince taxpayers and elected officials that Fleet
Services is the "best that it can be"?
Transportation Consultants, Inc. is excited about the prospects of assisting Delray Beach
in answering these and other relevant questions outlined in your RFP. We plan to
conduct this competitive assessment in an incisive manner over a six week period that
culminates in a crisp, action oriented report and a direct oral presentation to Management
and elected officials (if desired).
Detailed }Fork Steps Follow:
RESEARCH/DA TA COLLECTION
The initial phase of work is directed toward starting the project efficiently and
effectively, finalizing and detailing the plan of work, and defining the current operations
and accompanying strengths and weaknesses in the vehicle maintenance area. The
various tasks will include data review, initial interviews with managers and users,
observation and other activities designed to document existing programs and highlight
possible immediate enhancements.
STEP 1 - Project Start-Up
We will plan a meeting early in the project to enable the consultants to:
· Refine and review project objectives, scope, task schedules and the like.
· Allow you to offer your insight and guidance to the consultants at project initiation.
· Re-review other project "ground rules" and logistics.
City of Delray Beach 3 July 22, 1998
STEP 2 - Operations Review/Observations
During the first days of the engagement, the fleet management team will initiate reviews of
operations to familiarize themselves with current operations. Areas to be included will be:
· Shop and departmental organization.
· Shop procedures and work order control.
· Repair and maintenance operations.
· Staffing/Resource allocation.
· Historical performance.
STEP 3 - Documentation of Users Viewpoint
We will spend part of our time in Step 3 surveying principal users of Fleet Maintenance in
order to guage the levei and adequacy of "customer service ". Typically, we are able to
identify symptoms or problematic situations during this process. We will guage the level of
user responsibility at this point as well. This step will be particularly important as we
establish a base level of comparison for future organizational and maintenance alternatives.
STEP 4 - Data Collection
After the in#iai reviews of actual operations, and following initial user feedback, our
consultants will begin to assess the level and responsiveness of equipment operations. In
large part, we will depend on the existing work order system and vehicle records and
interviews to provide anydata needs at this stage. For survey purposes, we will test the
feasibility of tying the City into either the ICMA or NAFA database for benchmarking
certain metrics.
When we review the operations of the fleet, we will consider:
· Turnaround time.
· Backlog
,/' By class of repair (per APWA standards).
,/' By major vehicle class.
· Re-work or comeback level.
· Compliance with the PM schedule and relationships of scheduled to unscheduled
repairs.
· Downtime of fleet.
· Equipment utilization/fleet sizing/take home issues.
· Productivity rates/employee utilization.
· Cost per unit comparisons (inside vs. contract).
· Equipment trends as to fleet size and class composition.
· Parts level and usage.
· Control issues.
City ofDekay l~¢acb 4 July 22, 1998
We will also review the following finance-related issues:
Fund flow schematic. (Fleet Fund and Equipment Replacement Fund)
· Dollar trends in budget.
· Billing procedures.
· Cost per mile (CPM) in various categories for comparison against comparable cities
and outsourced operations.
· Use of blanket P.O.'s and the purchasing parameters.
STEP $ - Assessment of Management Processes
During this step, 'TCI.fleet management consultants will briefly review the various fleet
management processes, policies and practices in use in the City. Included here, will be a
review of'
· Current policies in place to prolong vehicle life, to include a review of the current
Preventive Maintenance Program, including the program definition, the level of
operator abuse of vehicles, and how this is prevented and/or curtailed.
· Personnel and training practices.
· The "make or buy" decision process on the contracting out of services; we will look
at the current and historical ratio of the type of services contracted out as opposed to
those performed in-house.
· The purchasing process, including specification writing and bidding.
· Opportunities to "streamline" administration and to facilitate the decision making
required of management.
STEP 6 - Resource Assessment (staffing)(area of emphasis)
We will compile the authorized, filled and vacant positions as of the payroll date closest
to our start. We will pay specific attention to the mechanic positions to test:
· Assignment patterns (which mechanics are assigned to which repair activities).
· Current vehicle to mechanic ratios. (both traditional and contemporary methods)
· The number of mechanics required to staff on-going operations.
· Degree of training accorded to incumbents.
· Supervisory levels.
TCI consultants will use this and other data to assess the adequacy of current staffing
and training programs, incentives and the resource allocation process within
maintenance. We will pay particular attention to mechanic staffing patterns, job
assignments, minimum qualifications and tie-ins to ASE certifications.
City of Delray Beach 5 July 22, 1998
STEP 7- Facility and Equipment
~Is apart of our assignment, TCI consultants will briefly review fixed and moveable
assets - building and equipment - employed in the repair process. The existing facility
will be reviewed to identify:
· Work space layout to improve efficiency and safety.
· Adequacy of size and design, given historical and projected fleet size trends.
· The degree to which layout, equipment and tools aid or hinder thc repair process.
STEP 8 - Fleet Financing/Fleet Information (area of emphasis)
The TCI team will review the current financial and information frameworks to assess:
· Efficacy of the chargeback methodology.
· Adequacy of the replacement funding process and the ways to finance fleet
purchases.
· The rationale behind the organizational structure and application of internal cost
allocation methods, including opportunities for improvement.
· Adequacy and utilization of the HTE Fleet Maintenance Program. (area of emphasis)
STEP 9 - Parts Operation (area of emphasis)
~It this point, the TCI fleet management team will assess the store's situation. Depending
on data availability during this step, we will review:
· The adequacy of the stockage mix and level (items, dollars and line items).
· Physical layout alternatives.
· The overall balance between parts ret-flex/ed from stock as opposed to those purchased
through blanket purchase orders "on the street".
· The frequency of stock-out situations.
· Fueling procedures and the related option to upgrade fuel control, dispensing and
billing.
· The range of obsolete parts existing in the parts inventory.
· Observations on other related warehouse srockage, staffing, and procurement
procedures.
· Vendor procedures and inventory turns.
· Alternative policies and practices that could better support the repair operation.
City of Delray Beach 6 July 22, 1998
STEP 10 - Maintenance Management (area of emphasis)
We will conduct a review of shop operations in this task. Issues to be addressed here
include:
Costing - Using available data, we will review the cost of operations for both scheduled
and unscheduled repair.
Work Order/Shop Control -In this area, we will address the degree of tightness with
which work is assigned and controlled within the shop. This includes a review of current
quality assurance procedures and the adequacy of record keeping methods in place,
including automation.
Repair Order Procedures - By examining the methods of data capture, we will be able
to determine the effectiveness of the current system. First, we will review how the repair
order enters the information system. Next, we will evaluate how the mechanic receives
his or her instructions, whether verbally or in writing. This will include the type of
vehicle repair history provided to the mechanic at the time of repair, We will be able to
gauge the "smoothness" of this process.
Preventive Maintenance - We will examine current procedures and checklists and
document opportunities for improvement, to include completeness, timeliness and
conformity'. (area of emphasis)
Shop Scheduling - A fair and equitable priority system, is necessary in order to keep user
departments satisfied. If a priority system has been established, we will examine it's
structure and usc, and determine how the backlog is managed and controlled.
Fleet Utilization - We will sample, data permitting, the usage and absolute size of thc
fleet to include usage of motor pools.
STEP 11 - Outsourcing (area of emphasis)
We will review current and possible future contracting possibilities by testing both the
decision and cost benefit process employed currently. We will evaluate the efficiency of
broader, more wholesale contracting as well as review in-house versus contract work
for:
· Glass.
· Transmissions.
· Upholstery.
· Painting/Body Work.
· Alternators and starters.
· Other, including turnkey options (wholesale contracting)
City of Delra¥ Beach 7 July 22, 1998
As inferred, we will also spend a considerable amount of time in this step assessing the
comparative and competitive arguments of investigating more or less privatization for
Delray Beach Fleet Maintenance. By Step 11 of our review, TCI will have assembled
enough data to offer an informed opinion as to next steps.
RECOMMENDATIONS
STEP 12- Formalization of Findings and Recommendations
The Fleet Management Team will formalize the findings, recommendations and study steps in
a presentation report outline. Typically, we outline the following in the body of the report:
· Current support program and identified enhancement.
· Nature of recommendations.
· Whether the recommendation is short or long term in nature.
· The steps or action required to implement the change.
· The expected benefits that could result from further study or implementation of the
recommended change.
· Innovative steps to propel the organization to the next level.
Note: At the conclusion of our on-site work, we will plan to present an oral briefing to
City officials on our findings and recommendations.
ADMINISTRATIVE ARRANGEMENTS
STAFFING
The Director for this study will be Stephen W. Burnett, Senior Vice President of TCI and
our Director of Public Sector Fleet Manugement Services He may be assisted by
additional TCI staff. He has directed a number ($0) officer management reviews including:
· Dallas, TX · Shreveport, LA
· Decatur, AL · Gadsen, AL
· Asheville, NC · Kansas City, MO
· Atlanta, GA · Macon, GA
· Shelby County, TN · Milwaukee, WI
· Clearwater, FI_, · Monroe County, NY
· Dade County, FL · Nashville, .TN
· Greensboro, NC · Wilmington, DE
· Greenville. SC · Charlottesville, VA
· Houston, TX · Richmond, VA
· Jacksonville, FL · Hoover, AL
He is currently (July 1998) working for Little Rock, Arkansas; Decatur, Georgia;
Shreveport, Louisiana and the Coca-Cola Company on fleet matters.
City of Deiray Beach 8 July 22, 1998
TIMING
We estimate that the review will take approximately 45 calendar days to complete.
Timing for initiating on-site review is expected for late August or early September. We
commit to initiating the assignment within 3-4 weeks of receiving your notice to proceed.
Our draft outline report will be forwarded to you within seven additional work days.
PROFESSIONAL FEES
Our fees are based on time actually spent on the assignment, billed at standard TCI
professional rates.
Therefore, fees would be as.follows:
Category [ Total
Fees (20 - 22 Professional Days) 1 $16,500
Expenses 1 (approximately 14%) ~[ 2,250
Total (Not to Exceed) [ $18,750
We will plan to bill periodically during our on-site work and then again at the
conclusion.
1. Air, lodging, auto rental, meals and office ey. penses.
SUMMARY
We trust you will find this proposal responsive to your requirements. We are confident
that, working with you, we can assist the City in assessing the competitive position of it's
fleet operations in the general categories described above.
If you have any questions about this proposal or wish to discuss it in more detail, please
contact Mr. Bumett at (404)250-0100. We look forward to receiving your notice to
proceed.
Sincerely,
Stephen W. Bumett
Senior Vice President
SWB/ms
City of Delray Beach 9 July 22, 1998
Required
Submittals
DELRA¥ B~ACH
BID SIGNATURE FORM ~
AII-Araerica City
(FAILURE IO DO $O $ttALL BE CAUSE FOR REJECTION
OF' YOUR PROPOSAL)
'~ 993
Transportation Consultants, Inc.
Company Name
*Signature
Stephen W. Burnett, Senior Vice President
JVame./Title
7000 Peachtree-Dunwoody Road, Buildin~ 10 Suite 200
Address
Geor§ia 30328
State Zip code
(. 404 ) 250-0100
Telephone
404 250-0253
)
Facsimile
VENDOR SERVICE P. EPR.ESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT
NAM~: Stephen W. Burnett
TELEPHONE: ( 4 0 4 , ) 2 5 0 - 010 0
5'd VaOO 9V6 V96 O~O D~ q3 SqN a0a~ NVAU:OL 866[-Vi-Z
REFERENCES
COMPANY NAME: City of Shreveport
ADDRESS; 1731 Kings High.way ,
STATE; Shre~veport, Louisiana ZIP: 71133
CONTACT PERSON: Jim Holt, Director Fleet Services
PHONE NUMBER: ( 318 ) 673-7450
COMPANY NAME: C. ity of Decatur
ADDRESS: 509 North McDonough Street, P.O. Box 220
STATi=_; Decatur, Georgia Z~P: 30031
CONTACT PERSON: Charles Hammonds, Sanitation Director
(404) 377-5571
PHONE NUMBER:
COMPANY NAME: ,, Ci, ty of Hoov_.er..
ADDRESS: 100 Municipal Drive, P~O-. ~.Box 360628
STATE: ' Hoover, Alabama ZIP: 35236- 0628
CONTACT PE~RSON: Richard Smith, Finance Director
PHONE NUMBER: _.. ( 205 ) 444- 7503
COMPANY NAME; City of Little Rock
ADDRESS; Fleet Services Dept., 3314 J. E. Davis Dr.
STATE;~ Little Rock, Arkansas ZIP; 72209
CONTACT PERSON: David Bragg, Director Fleet Services
PHONE:NUMBER: (501) 918-4200
9 'd V~00 91'6 VS6 0~0 ~)3~ -I-I S-II~I HO~_-I H¥8~:OL 866 L-VL-L
PROPOSAL
Affached information
I!. ' E~j:Le, de, AG~
"Attached information
III. Tim(~ Schedule/Process · Attached Information
IV. References
Attached information
V. Cost
Professional Consultin.q Services as outlined $.! .6., 500
· Reimbursable $2,250
Total 518,750
The below signed certifies that the above information is accurate and reflects the
total proposal.
Stephen W. Burnett, Senior Vice
NAME & TITLE President
SIGNATURE
Witness:
Marcia L. Sandler, Executive Assistant
NAME & TITLE
SIGNATURE
V 'd VE:00 9V6 17S6 0-10 D':l;d -I-I S-IH IdO;d_-I HYL~:OL 866L-17L-L
Agenda Item No.: ~./~0 ~.
AGENDA REQUEST
DATE: July 3`1, `1998
Request to be placed on:
x Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: August 4, '1998
Description of item (who, what, where, how much) Award of the contract to Arbor Tree & Landscape Co.,
Inc. in the amount of $64,777.50 for the Shadywoods Roadside Swale Project, Project #98-035. The
funding for this project will be provided from the following account:
Funding Source Account Number Amount
Stormwater Utility 448-5411-538-63.66 $64,~7.50
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 98-035, Shadywoods Roadside Swale project
to Arbor Tree & Lands/~e Co.~f~with a b~ the amount of $64,777.50.l/ /
Department Head I ( '_~..~/~'
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available ~NO
Funding alternatives (if applicable) .
Account No. & Description ~.x-/~.~,~'~/I-,..5',3~,'-~,$.
Account Balance ~.~/,. ~'Z.~'~O
city
ManagerApproved for agenda~NO Review:
Hold Until: ~., ~//~.~,.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 98-035(A)
projects/98-O35/contrac~Jagenda.doc
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Barron Caronite, Assistant City Engineer-~v~
DATE: July 3'1, '1998
SUBJECT: SHADYWOODS ROADSIDE SWALE PROJECT #98-035
Please find enclosed the agenda request for Commission to award the Shadywoods Roadside Swale project
contract.
The work generally consists of the construction and excavation of approximately 12,750 square yards of 6
inch deep roadside swale with St. Augustine sod.
Attached are the bid tabulation and Budget Transfer Request for the referenced project. The lowest
responsible, responsive bidder for this project was Arbor Tree and Landscape Co., Inc. with a bid of
$64,477.50.
Funding Source Account Number Amount
Stormwater Utility 448-5411-538-63.66 $64,477.50
If acceptable, please place this item on the August 4, 1998 Commission meeting for Commission approval.
Attachment
cc: Randal Krejcarek, P.E. City Engineer
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file: 98-035 (A)
file:s/engadmin/98/98-035/shadywoods/agmemo.doc
Z
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SU~ON ] P~CE
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~ N.T.S.
MILITARY TRAIL SOUTH
CITY of DE~AY BEACH s~oo~s
~ E~RONMENT~ S~R~CES DEP~T~T
TO: DAVID T. HARDEN
ClT.'C)IVIANAGi~R ,.~ .
THRU: PAUL DORLING, ~,~I'ING DIRECTOR
DEPARTMENT OF'PLANNING AND ZONING
FROM: LANNER
SUBJECT: AUGUST 4, 1998
CONDITIONAL USE REQUEST TO ALLOW AN INCREASE IN BUILDING
HEIGHT FOR THE COLONY CLUB. A 32 UNIT MULTIPLE FAMILY
DEVELOPMENT
The request involves the construction of 5 story multiple family structure with an overall height
of approximately 59'. The maximum height allowed in the CBD zone district is 48', however
pursuant to LDR Section 4.4.13(F)(1) within the CBD zone district exceptions to height
regulations are allowed. An increase to the maximum height of 60' may be approved by the City
Commission through the processing of a Conditional Use request and based upon a finding of
compliance with certain criteria found in LDR Section 4.3.4(J)(4)(b). Additional background and
an analysis of the request is found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing in
conjunction with the Conditional Use request. Two members of the public spoke on this item
and raised concerns regarding the height and name of the project. After reviewing the staff
report, the Board voted 7-0 to recommend that the Conditional Use request to allow an increase
in height be approved, based upon positive findings to LDR Section 4.3.4(J)(4)(b) (Compliance
Criteria) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations.
By motion, approve the Conditional Use request for the Colony Club to allow the structure to be
built to a height of 58'-8" based upon positive findings with respect to LDR Section 4.3.4(J)(4)(b)
(Compliance Criteria) and Section 2.4.5(E)(5) (Compatibility) of the Land Development
Regulations.
Attachments:
· P&Z Staff Report and Documentation of July 20, 1998
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: July 20, 1998
AGENDA ITEM: V.D.
ITEM: Conditional Use Request to Allow a Building Height of 58 Feet 8 Inches for
the Colony Club, a Proposed 32-unit Multiple Family Development,
Located at the Southwest Corner of N.E. 7th Avenue and N.E. 1st Street.
,~ -'r- ~
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~ i ~ . ~ ~ ~TER~NS DELR~ r
- ~, ! ~ ~ PARK CONDO
~1 ~1 I Il tl I ; ,: '~I PLAZA i
ATLANTIC AVENUE
~ ~ ~ ~' ~ ~ COMMERCIAL
~ ~ ~ ~ [ ' CONDO
GENERAL DATA:
Owner .............................................. Atlantic Center Ltd.
Applicant .......................................... Ironwood Properties Corp.
Location ............................................ Southwest corner of N.E. 7th Avenue and N.E. 1st Street
Property Size .................................... 1.116 Acres
Future Land Use Map Designation... Commercial Core
Zoning Designation .......................... CBD (Central Business District)
Adjacent Zoning ...................... North: RM (Multiple Family Residential-Medium Density)
East: CBD
South: CBD
West: CBD
Existing Land Use ............................ Parking Lots
Proposed Land Use .......................... Construction of a 58' 8" five story multiple family building (32 two-bedroom
units approximately 1,395 sq. ft. each), ground level parking, with
associated landscaping.
Water Service ................................... Available via connection to an existing 12" water main in N.E. 7th
Avenue, an existing 6" water main in the north/south alley between N.E.
7th Avenue and N.E. 6th Avenue.
Sewer Service .................................. Available via connection to an existing 8" sewer main in the north/south
alley between N.E. 7th Avenue and N.E. 6th Avenue.
M.D.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to allow an increase in building height for the
Colony Club, a 32 unit multiple family development, pursuant to LDR Sections 2.4.5(E).
The subject property is located on the southwest corner of NE 7th Avenue and NE 1st
Street.
The .16 acre property consists of Lots 12 though 17, Block 116, Town of Linton plat
and ~s zoned CBD (Central Business District). In the early 1970's, the former Great
Western Bank building and Carol Financial Plaza (fka Delray Plaza) were constructed in
Block 116 with their associated parking lots constructed on Lots 12-17 (subject
property).
The Planning and Zoning Department has received a Site Plan request to construct a
32 unit multiple family development on Lots 12-17 concurrent with a Conditional Use
request for an increase in height which is the action now before the Board.
The proposal involves the construction of a 32 unit multi-family development known as
the Colony Club. The developers of the Colony Club have purchased Lots 12-17 which
contains required parking spaces for the adjacent properties (i.e. the former Great
Western Bank and Carol Financial Plaza). These parking spaces are to be
reconstructed in a parking garage and be retained by the adjacent businesses through
off-site parking agreements.
The parking garage containing 110 spaces will become the ground floor level of a 5
story multiple family structure. The second floor of the structure will contain a parking
deck with 64 parking spaces and 10 residential units. The third floor will contain 10
units, and the fourth and fifth floors will each contain 6 units. The structure will have an
overall height of approximately 59'.
The maximum height allowed in the CBD zone district is 48', however pursuant to LDR
Section 4.4.13 (F)(1) within the CBD zone district exceptions to height regulations are
allowed. Pursuant to LDR Section 4.3.4(J)(4)(b), an increase to the maximum height of
60' may be approved by the City Commission pursuant to the processing of a
conditional use request and based upon a finding of compliance with certain criteria in
LDR Section 4.3.4(J)(4)(b).
Planning and Zoning Boa~ ,~aff Report
Conditional Use Approval - Colony Club
Page 2
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to consistency with the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
As the request is unique in that it only deals with the increase in height, the required
findings relating to three of the above four areas will be made at the time of site plan
approval. Compliance with applicable sections (height) of the Land Development
Regulations are discussed below.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Pursuant LDR Section 4.3.4(J)(4)(b), the City Commission can approve the
increase in height request based upon a finding of compliance with each of the
enumerated criteria listed below.
(I) That the structure is to be located in one of the following geographical
areas:
(9) Area "1" - all property within the CBD (Central Business District)
except for property lying east of the Intracoastal Waterway.
The subject property is zoned CBD and is located west of the Intracoastal
Waterway.
(ii) That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48
feet, except for the following situations:
(1) An increase in intensity is allowed when the increase from 48 feet to
60 feet is for the purpose of accommodating residential use on the
top floor of the structure; however, the increase in intensity is only
for the added residential use area;
Planning and Zoning Boa, ,taft Report
Conditional Use Approval - Colony Club
Page 3
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20.
The increase in height is requested to accommodate residential units on
the top floor of the structure.
(iii) That the increase in height is based on or will result in one, or more, of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
particular use or a particular matter or type of construction, a greater
than normal space between floors or height of story is necessary; or
(2) That 75% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation; or
(3) That for each floor in height above 48', an additional building
setback of two feet is provided from the building setback lines which
would be established for a 48' tall structure. The additional setback
is required from all setback lines (i.e. front, side, and rear).
The increase in height results in allowing all the ground floor area to be
retained in parking and vehicular traffic circulation.
A finding of compliance with each of the enumerated criteria listed above can be made
to support the request to increase the height of the structure beyond 48'.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The proposed use is bordered on the south, east and west by CBD zoning and to the
north by RM (Multiple Family Residential) zoning. The existing land uses are: to the
south, the former Great Western Bank building which is being converted to a retail use
Planning and Zoning Boa~ taft Report
Conditional Use Approval - Colony Club
Page 4
(i.e. Gillis Furniture store); to the west across the alley, by a multifamily apartment
building and Carol Financial Plaza (an office building); to the east across NE 7th
Avenue by Atlantic Plaza; and the north across NE 1st Street, by single family
dwellings.
The Colony Club structure is a combination of three and five stories. The center of the
structure contains five stories with a mean height of 58'-8" with three story sections
located on both ends of the five story section (i.e. south and north ends) with a mean
height of 35'. The bulk of the structure is located on the east side of the property with
the second floor deck parking located to the west side of the property adjacent to the
alley. No units are proposed over the second floor deck parking lot.
To the south, a three story bank building exists with an approximate height of 30' which
is compatible to the three story section of the proposed multiple family structure having
a height of 35'. To the west, the 10' high second floor deck parking lot will be located
across the alley adjacent to the 22' high 2-story office building (Carol Financial Plaza)
and the two story apartment building. While single story structures are located to the
north, on the north side of NE 1st Street, this three story portion of the multiple family
structure abuts this property line and is separated by 50' of right-of-way and a 12'
landscape strip. Atlantic Plaza is located to the east across NE 7th Avenue. No
compatibility concerns are noted as Atlantic Plaza contains a 48' high office building
and associated parking and the developments are separated by a landscape strip on
both properties, a 40' right-of-way, and surface parking on the Atlantic Plaza site. The
site plan and the heights of the structure have been strategically designed to create the
least impact on adjacent properties. Based on the above, a finding can be made that
the increase in height will not have an adverse impact on the surrounding area, and will
not hinder redevelopment of nearby properties.
At its meeting of June 25, 1998, the Community Redevelopment Agency (CRA)
unanimously recommended approval of the increase in height and the overall
development proposal.
At its meeting of June 15, 1998, the Downtown Development Authority. (DDA)
unanimously recommended approval of the increase in height and the 'overall
development proposal.
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of
the subject property. Letters of objection or support, if any, will be presented at the
Planning and Zoning Board meeting.
Planning and Zoning Boa, ,taft Report
Conditional Use Approval - Colony Club
Page 5
Courtesy Notice:
Courtesy notices have been provided to PROD and the Beach Properties Association.
The proposed conditional use for Colony Club involves an increase in height from 48' to
58'-8". The proposed height increase is in compliance with the special criteria outlined
in LDR Section 4.3.4(J)(4)(b), in that the project is located in a geographical area that
allows the increase in height, the increase in height is to accommodate residential units
on the top floor of the structure, and that all the ground floor area is devoted to parking.
Positive findings can be made with respect to Section 2.4.5(E)(5) regarding
compatibility of the proposed use with surrounding properties.
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use approval for an
increase in height for the Colony Club, based upon positive findings with respect
to LDR Section 4.3.4(J)(4)(b) (Compliance Criteria) and Section 2.4.5(E)(5)
(Compatibility) of the Land Development Regulations.
C. Recommend denial of the Conditional Use approval for an increase in height for
the Colony Club based upon a failure to make positive findings with respect to
LDR Section 4.3.4(J)(4)(b) (Compliance Criteria) and Section 2.4.5(E)(5)
(Compatibility) of the Land Development Regulations.
Recommend approval of the request for Conditional Use approval for Colony .Club, to
allow a height of 58'-8" based upon positive findings with respect to LDR Section
4.3.4(J)(4)(b) (Compliance Criteria) and Section 2.4.5(E)(5) (Compatibility) of the Land
Development Regulations.
Attachments:
· Location Map
· Sketch Plan
I FILE NUMBER: 98-184-USE-CCAI
I PETITION NAME: THE COLONY CLUBI
A. City of Delray Beach Comprehensive Plan as Existed on 8-4-98,
B. City of Delray Beach Land Development Regulations as Existed on 8-4-98,
C. City of Delray Beach Zoning District map as Existed on 8-4-98,
D. City of Delray Beach Future Land Use Map as Existed on 8-4-98.
ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE
1. Paul Dorling, AICP, Acting Planning Director 8-03-98
2. Janet Meeks, Senior Planner 8-03-98
1. Application for Conditional Use. 6-09-98
2. Letter from Jasmin Allen to Cary Glickstein, regarding the status of 6-18-98
the petition, date June 18, 1998.
3. Letter from Jasmin Allen to Cary Glickstein, regarding the Planning 6-22-98
& Zoning Board Worksession Meeting, dated June 22, 1998.
4. Warranty Deed recorded in ORB 8097, Page 1059. 7-02-98
5. Warranty Deed recorded in ORB 9874, Page 1938. 7-02-98
6. Certificate of Corporation for Charles Stein and Carl Desantis. 7-02-98
7. Planning and Zoning Board Staff Report, dated July 20, 1998. 7-20-98
8. City Commission Documentation, dated August 4, 1998. 8-03-98
Page I
I FILE NUMBER: 98-184-USE-CCA
I ,~.~.O, ,^,,~: ~.~ CO,O.~ C,U~]
1. Tax map showing properties within 500' of subject property. 6-09-98
2. List of property owners within 500' of the subject property. 6-09-98
3. Newspaper advertisement published July 8, 1998. 7-08-98
4. Public notice mailed July 9, 1998. 7-09--98
5. Special Courtesy Notice to Neighborhood Associations, mailed July 7-09-98
9, 1998.
1. Site Plan prepared by Rustem Kupi Vigneault Architects, dated 6-09-98
April 23, 1998.
2. Architectural Elevations prepared by Rustem Kupi Vigneault 6-09-98
Architects, Sheet A.5, dated April 23, 1998.
3. Floor Plans, Sheets A.2; A.3; A.4; prepared by Rustem Kupi 6-09-98
Vigneault Architects, dated April 23, 1998.
4. Boundary Surveys prepared by Shjah, Drotos & Associates, dated 6-09-98
February 27, 1998.
S:/APPEALS\COLONY
Page 2
o8 '04'.q8 10:39 '~4073627274 SILBERSTEIN ARCH ~o01
Silberstein Architects International
299 West Camino Ga'dens Boulevard, Suite 206
Boca Raton, Florida 33432
T~ ~1.~2,~2~
F~x 561o362,7274
License AR0013424
DATE: AUGUST 4, 1998
TO: IV[R. DAVID HARDEN
CITY MANAGER
DELRAY BEACH. FL.
FROM: JEFFREY SII.BERSTEIN
R.E: CONDITIONAL USE REQUEST VILLAS DELRAY
VIA: FAX
DEAR MR, ~EN:
PLEASE BE ADVISED THAT WE REQUEST TO HAVE THE ABOVE MF_aNTIONED PROJECT POSTPONED TO
THE NF_~XT AGENDA COMMISSIOM M'~-TING ON AUGUST 18, 1998. WE FEEL WE NI~Fr)ED SOM~
ADDITIONAL TIME FOR OUR PRESENTATION.
SINCERELY, L
CC: PAUL DORLING
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~of~
SUBJECT: AGENDA ITEM ~ ~/~- REGULAR MEETING OF AUGUST 4, 1998
CONDITIONAL USE REQUEST/VILLAS DELRAY
DATE: JULY 31, 1998
This is before the Commission to consider a request for
conditional use approval to establish a residential density in
excess of 30 units/acre within the Central Business District (CBD)
for Villas Delray, a development proposal involving two potential
scenarios. The subject property is located at the southeast
corner of N.E. 4th Avenue and N.E. 1st Street. The two
development scenarios are as follows:
Scenario I proposes a mixed use development consisting of six (6)
apartment units and 2,400 square feet of office space, at a
density of 30.3 units/acre; and
Scenario II proposes a residential development where the 2,400
square feet of office space is converted to 3 one bedroom units
for a total of nine (9) apartment units, at a density of 46
units/acre.
The Planning and Zonin9 Board considered the conditional use
request at a public hearing on July 20, 1998. Some concerns were
expressed about the ability to accommodate on-site parking for the
project, especially with respect to Scenario II. After
discussion, the Board voted 6 to 1 (Schwartz dissenting) to
recommend approval of the conditional use request for Scenario I,
based on positive findings and subject to conditions (1) through
(6), inclusive, set forth in the attached staff report. The Board
then voted 6 to 1 (Schwartz dissenting) to recomment denial of the
conditional use request for Scenario II, based upon a failure to
make positive findings.
Recommend approval of the conditional use request for Villas
Delray (Scenario I), based on positive findings with respect to
Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required
Findings) and Section 4.4.13(I) (Performance Standards) of the
Land Development Regulations, and the policies of the
Comprehenaive Plan, subject to the conditions recommended by the
Planning and Zoning Board.
Recommend denial of the conditional use request for Villas Delray
(Scenario II) based upon a failure to make positive findings with
respect to LDR Section 4.4.13(I) (Performance Standards) and LDR
Section 2.4.5(E) (5) (Required Findings).
ref:agmemol2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IvI_~IAGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 4, 1998
EXTENSION OF CONDITIONAL USE APPROVAL/EMMANUEL
EVANGELICAL LUTHERAN CHURCH
DATE: JULY 31, 1998
This is before the Commission to consider a request for an extension
of the condi~tional use approval for Emmanuel Evangelical Lutheran
Church. The congregation currently holds services at Trinity
Lutheran Church and proposes to construct its own facility on
property located at the west end of S.W. 6th Street, approximately
130 feet west of the intersection of S.W. 6th Street and S.W. 17th
Avenue/S.W. 15th Terrace. Conditional use approval was granted by
the City Commission on May 7, 1997. This approval included the
standard time limitation of eighteen (18) months, or a valid
approval until November 8, 1998.
The applicant is now requesting an additional twelve (12) month
extension. There were delays in acquiring replacement easements
necessary to complete an associated roadway abandonment, and
construction has not commenced on the project. However, the site
plan application has been submitted and is currently being
processed.
Staff has reviewed the request and recommends approval, based upon
positive findings with respect to Article 3.1 (Required Findings) of
the Land Development Regulations, said approval to be valid for
twelve (12) months, with the following conditions:
(1) That prior to issuance of a building permit, the site plan must
be approved by SPRAB and address the technical items listed in
the May 6, 1997, Planning and Zoning Board staff report;
(2) That the seating capacity be limited to 280 persons; and
(3) That trees be installed 25 feet on center, with an 8 foot high
opaque fence along the east property line from the south
property line to the north property line of Lot 6, Carver
Park, and a hedge 4.5 feet high at the time of planting for
the balance of the east property line.
Recommend approval of the request for a 12 month extension of the
conditional use approval for Emmanuel Evangelical Lutheran Church,
based on positive findings and subject to the conditions listed
above.
ref:agmemoll
TO: DAVID,,q~ HARDEjN, C!..TY MANAGER
THRU: PA RLIN G DIRECTOR OF P AND ZONING
FROM: JEFFREY A. COSTELLO, SENIOR PLANNER~" ~'-~
SUBJECT: MEETING OF AUGUST 4, 1998
REQUEST FOR AN EXTENSION OF A CONDITIONAL USE APPROVAL FOR
EMMANUEL EVANGELICAL LUTHERAN CHURCH.
The action requested of the City Commission is that of granting an extension of a
Conditional Use approval for Emmanuel Evangelical Lutheran Church, within the
R-1-A (Single Family Residential) zoning district.
The subject property is located at the west end of S.W. 6th Street, approximately
130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue/S.W.
15th Terrace, and contains 1.65 acres.
The congregation is currently conducting services at Trinity Lutheran Church at the northwest
comer of Lake Ida Road and Swinton Avenue, and is seeking to establish its own facility on the
subject property. At its meeting of May 7, 1997, the City Commission approved the conditional
use request for Emmanuel Evangelical Lutheran Church, subject to the following conditions:
1.Submission of a full site plan application to be processed pursuant to Section 2.4.5(F) of the
Land Development Regulations and to address "Technical Items";
2.That the seating capacity be limited to 280 persons;
3. That trees be installed 25' on center, with an 8' high opaque fence along the east property
line from the south property line to the north property line of Lot 6, Carver Park, and a
hedge 4.5' high at the time of planting for the balance of the east property line; and,
4. That the 25' wide roadway easement which runs along the north and east sides of the
property be abandoned.
The development proposal consisted of the following:
· Construction of a 5,984 sq.ft, church facility with a 280 seat sanctuary/assembly hall,
kitchen and office, and a future 2,085 sq.ft, bible study classroom and office addition with a
playground (total of 8,069 sq.ft.);
·Abandonment of the 25' unimproved roadway easement which runs along the north and
east sides of the property;
· Construction of 94 parking spaces consisting of 49 paved parking spaces (including 4
handicapped accessible spaces) along the south and east side of the proposed building,
and 45 stabilized sod parking spaces on the north side of the proposed structure; and,
· Installation of associated landscaping and a refuse storage area.
City Commission Documentation
Meeting of August 4, 1998
Emmanuel Evangelical Lutheran Church - Conditional Use Extension
Page 2
The City Commission approved the abandonment of the roadway easement on March 17,
1998. The site plan application was submitted on July 21, 1998, and is currently being
processed. Thus, construction has not commenced on the project. Unless an extension is
approved, the Conditional Use for the project will expire on November 8, 1998.
Pursuant to LDR Section 2.4.4(F) (Extensions), extensions may be granted to a
previously approved application pursuant to the following:
· A written request for an extension must have been received by the City at least forty-
five (45) days prior to the expiration date;
· The letter must set forth the basis and reason for the extension;
· The extension shall be considered by the same body which granted the original
approval;
· The extension, if granted, shall be for eighteen (18) months unless otherwise stated.
Additionally, when an extension is requested for a project on which construction has not
commenced, the granting body must make findings as outlined in Article 3.1 of the LDRs.
These are the same findings that were made for the original approval, which relate to
Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency, and
Compliance with the Land Development Regulations.
The letter of request (copy attached) was submitted in a timely manner. The basis for the
request states that there were delays acquiring utility easements for the abandonment, it will be
impossible to complete construction of the buildings and other necessary improvements by
November 8, 1998. Therefore, the request is for an additional 12 months, to November 8,
1999.
There have been no changes in the Land Development Regulations since the time of the
original approval which would make any aspect of the proposed church non-conforming.
Similarly, a finding of concurrency can be made for this project with respect to the Level of
Service Standards (LDR Article 3.2).
As previously stated, the site plan is currently being processed with action by the Site Plan
Review and Appearance Board (SPRAB) anticipated in September. The development proposal
has been modified to involve construction of a 6,453 sq.ft, sanctuary with a seating capacity of
279 persons and a future 3,960 sq.ft, fellowship hall to be constructed on the north side of the
sanctuary (increase of total floor area from 8,069 sq.ft, to 10,413 sq.ft.); and construction of 93
parking spaces consisting of 50 paved parking spaces (including 4 handicapped accessible
spaces) along the east and north sides of the proposed assembly hall addition with 43
stabilized sod parking spaces at the north end of the site.
As the roadway easement has been abandoned it should be no longer listed as a condition.
Condition number one should be modified to state that prior to issuance of a building permit, the
site plan must be approved by SPRAB and address the technical items listed in the May 6,
1997, Planning and Zoning Board Staff Report.
City Commission Documentation
Meeting of August 4, 1998
Emmanuel Evangelical Lutheran Church - Conditional Use Extension
Page 3
By motion, approve the request for an extension of the Conditional Use approval for Emmanuel
Evangelical Lutheran Church, pursuant to LDR Section 2.4.4(F) (Extensions), and based upon
positive findings with respect to Article 3.1 (Required Findings) of the Land Development
Regulations, said approval to be valid for twelve (12) months, with the following conditions:
1. That prior to issuance of a building permit, the site plan must be approved by SPRAB and
address the technical items listed in the May 6, 1997, Planning and Zoning Board Staff
Report.
2. That the seating capacity be limited to 280 persons; and,
3. That trees be installed 25' on center, with an 8' high opaque fence along the east property
line from the south property line to the north property line of Lot 6, Carver Park, and a
hedge 4.5' high at the time of planting for the balance of the east property line.
Attachments: Location Map
Request Letter
Sketch Plan
I S.W, 3RD ST.
SOU TH COUNTY
AOMINISTRA TIVE s.w. 3RD OELRA Y
COMPLEX FULL SERVICE
CENTER
~ ;.W, 4TH ST.
I S.W. 4TH
LLI
SAFEWAY 6m "~T,-~'
SELF
S TORA GE
STRONG
-- ~AUBURN CIR.
CENTER AUBURN
]'ERR. SO.
I-- 7TH
~ CARVER ESTATES
(J3 $.W. 7TH CT.
DELRA Y
COLD O5.
STORAGE L~ ST.
DELRA Y
COMMERCIAL
CENTER
LOWSON BLVD. S.W. 10TH
N
~ EMMANUEL EVANGELICAL LUTHERAN CHURCH
PLANNING DEPARTMENT
CITY OF' 0£LRAY BEACH, FL
_- _ - _ June 25, 1998
Mr. Jeffery A Costello, Senior Planner
= --':: --' -- Planning and Zoning Department
._ City of Dekay Beach,
Dekay Beach, Florida 33444
TRINITY Re: Project File #97-107
Evangelical Lutheran
Church & School
Dear Mr. Costello,
On May 6, 1997 the City Commission granted conditional use to the
Florida-Georgia District of the LCMS to construct a sanctuary for
Emmanuel Ev. Lutheran Churck The approval was valid for 18
months expiring on November 8, 1998.
The District also applied fOr the abandonment of a twenty-five foot
right-of-way which was approved by the City Commission by
Resolution No. 18-98 on March 17, 1998. It was not until May 21,
1998, however, that the resolution was recorded giving us the green
light to proceed with planned construction.
The Rev. C. Scott Gress Because of the many delays in acquiring utility easements for the
Senior?astor above abandonment approval, it will be impossible to complete
The Rev. Kenneth D. Green construction of the necessary buildings and other necessary
Associate ?astor improvements by November 8, 1998.
Mr. Andrew J. Novy
?n~c/pa~ The intention of this letter is to request an extension of one year from
Mrs. aoan B. Mooney November 8, 1998 so that we can proceed with the construction of
Director o£Music the buildings and other necessary improvements.
We will be submitting Site Plan Application about July 10 to the
Planning and Zoning Board. If every thing is approved by the
Planning and Zoning Board and then the Building Department,. we
hope to begin construction sometime in November.
Should you have any questions, do not hesitate to contact me at
Trinity's office 278-1737 or at home732-2719.
Sincerely,
~[[I-'~' Albert L. "Bob" Miller, Jr.
C: Jasmin Allen, Planner
400 N. Swinton Avenue
Delray Beach, Florida 33444
Church Office: (561) 278-1737
School Office: [561) 276-8458
FAX: (561) 272-3215
THRU: PAUL DORLINO., _~TIN~G DIR/ECTOR OF PLANNING AND ZONING
FROM: ~~NNER
SUBJECT: AUGUST 4, 1998
PINE GROVE SCHOOL OF THE ARTS - FACILITY MODIFICATION
FUNDING
In July 1998, Pine Grove Elementary School received Federal Grant funding for its
School of the Arts magnet program. Palm Beach County School Districts responsibility
was to fund necessary improvements to the school facility to support its magnet theme
including remodeling of the music and art rooms and the conversion of a classroom to a
dance room. The estimated cost of the improvements is $75,000 (see attached
budget). The School Board agreed to support the funding of the remodeling at Board
meetings of December 10, 1997, and February 9th and 11th, 1998. The improvements
were to be completed prior to the opening of the school year this August.
The School District's proposed 1999 Capital Budget does not include funding for this
project, therefore the status of the funding for the remodeling is uncertain. It appears
appropriate at this time for the City Commission to reaffirm its support of the Pine Grove
Elementary School of the Arts magnet program and request the School Board
adequately fund the remodeling in the agreed time frames.
This item has been scheduled for discussion at the Education Board meeting of August
3, 1998. The Board's recommendation will be reported to the City Commission at the
August 4, 1998 meeting.
By motion, forward a recommendation to Palm Beach County School District to fund
and immediately construct the agreed upon facility enhancements to Pine Grove
Elementary School to support its new School of the Arts magnet program.
PINE GROVE ELEMENTARY SCHOOL
MAGNET PROGRAM NEEDS
1. Demo Floors, Concrete, Mica, Ceilings ................... $ 7,500.00
2. Concrete Ramps and Railing ........................... $ 4,350.00
3. New Walls (Drywall and Paint) .......................... 3,800.00
4. Ceilings ............................................. 2,350.00
5. Light Fixtures (Relocate) ............................... 2,640.00
6. Ductwork ............................................ 3,800.00
7. Wood Floor/Stringers ................................. 31,850.00
8. Sound Soak Panels .................................... 6,870.00
9. Mirrors .............................................. 3,250.00
10. Paint ................................................ 2,340.00
11. Sinks (Stainless Steel) .................................. 2,400.00
12. Contingency ......................................... 3,850.00
TOTAL ............................................. $75,000.00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: C~TY MANAGER~
SUBJECT: AGENDA ITEM #--~- REGULAR MEETING OF AUGUST 4, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 30, 1998
Attached is the Report of Appealable Land Use Items for the
period July 20th through July 31, 1998. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
I recommend that the Commission appeal Site Plan Review and
Appearance Board item number 7. This project (Formano
Properties) involves parcels on both sides of N.E. 4th Avenue.
As you can see from the attached survey, at least one-third of
the existing on-street parking and all of the existing sidewalk
are located outside the existing right-of-way. Therefore, I
strongly recommend that we not require any dedication on the west
side of the street, but that we request dedication of ten feet on
the east side. Maintaining the existing on-street parking is
especially important since these commercial buildings fall so far
short of meeting the applicable off-street parking requirements.
Recommend review of the appealable actions for the period stated.
Receive and file the report, with the exception of Site Plan
Review and Appearance Board item number 7 (Foz~no Properties)
which should be appealed to the August 18th regular meeting.
ref:apagmemo
<> t N.E. STH ST
N.E. 5TH ST.
N.E. 4TH ST. N.E. 4TH
I OFFICE
,
-,
__ N.E. . 3RD ] ST.
N.E. 2ND ST.
~0
N.E. '~T
, I ~ ,
N.E. 1ST ST.
OLD , i
ATLANTIC AVENUE
I FORMANO PROPERTIES
CI~ OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPAR~NT
-- DIGITAL ~SE ~P ~rE~ --- ~P REF: LM267
THRU: PAUL DORLING, /~T~IG PLANNING DIRECTOR
FROM: JASMIN ALLEN, PLANNE //~.
SUBJECT: MEETING OF AUGUST 4, 1998 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JULY 20, 1998
THRU JULY 31, 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 July 20, 1998
through July 31, 1998.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1 The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved (7 to 0), the master plan modification to eliminate the cross
access between Blood's Hammock Grove and Hammock Reserve
developments, located on the south side of Linton Boulevard, east of Military
Trail. Concurrently, the Board granted an internal adjustment to allow a
City Commission Documentation
Appealable Items Meeting of August 4, 1998
Page 2
reduction in the front yard setback for Lot 273 from 20 feet to 18 feet for a
front loaded garage within Hammock Reserve.
B. Determined on a 7 to 0 vote that "psychic readings/fortune-tellers" are not
similar to the uses in the CBD (Central Business District). The Board
recommended that the Land Development Regulations be amended to add
"psychic readings/fortune telling" as an accessory use in the CBD.
No other appealable items were considered by the Board. The following items
which were considered by the Board will be forwarded to the City Commission
for action.
Recommended approval (7 to 0), of the Future Land Use Map amendment
from CF-C (Community Facilities- Churches) to Transitional and rezoning
from CF (Community Facilities) to POD (Professional Office District) for the
WDBF Radio Station, located on the south side of West Atlantic Avenue, east
of Homewood Boulevard.
· Recommended approval with conditions (7 to 0), of a conditional use
request to allow a building height of 58 feet 8 inches for the Colony Club, a
proposed 32-unit multiple family development, located at the southwest
corner of N.E. 7th Avenue and N.E. 1st Street.
· Recommended approval with conditions (6 to 1, Schwartz dissenting), of a
conditional use request to allow the residential density to exceed 30 units per
acre for a proposed mixed use development composed of 6 apartment units
and 2,400 sq. ft. of office use for Villas Delray, located at the southeast
corner of N.E. 4th Avenue and N.E. 1st Street. Additionally, the Board
recommended denial of an alternative conditional use scenario to allow nine
apartment units.
· Recommended approval (7 to 0), of the abandonment request of Queens
Avenue, lying east of Wallace Drive and North of Linton Boulevard.
· Recommended approval (7 to 0), of an amendment to the Land Development
Regulations Section 5.3.1(D)" Right-of-Way Dimensions".
Other Items
· The Board recommended approval (7 to 0), of an amendment to the Land
Development Regulations Section 4.4.9 to add the use and establish
guidelines and criteria for "psychic readings, fortune-tellers, astrologists,
clairvoyants, palmists, phrenologists, spiritualists, numerologists, and mental
healers". First reading of the enacting ordinance was considered by the City
Commission on July 21, 1998.
City Commission Documentation
Appealable Items Meeting of August 4, 1998
Page 3
1. Tabled (5 to 0, Smith and Martin absent), a request to change the
architectural elevation plan associated with the relocation of an overhead
door for lumber deliveries for The Home Depot, located at the southeast
corner of 1-95 and Linton Boulevard. The Board tabled the item so that the
applicant could redesign the loading area.
2. Tabled (5 to 0), a request for elevation change associated with the
installation of entrance gates for Jardin Del Mar, located on the west side of
South Ocean Boulevard, between Ingraham Avenue and Ocean Terrace.
The Board tabled the item in order to allow the applicant to redesign the entry
system to provide at least 18' of stacking to accommodate at least one
vehicle.
3. Approved (5 to 0), the architectural elevation plan to replace the approved
metal railings which are to be installed at the perimeter of the roof deck with
decorative pre-cast stone balustrades for the Waterway East Restaurant,
located at the southwest corner of Atlantic Avenue and Venetian Drive.
4. Approved (5 to 0), the architectural elevation plan (awning addition) at
Ocean City Lumber, located at the southeast corner of Pineapple Grove
Way (N.E. 2nd Avenue ) and N.E. 1st Street.
5. Approved with conditions (5 to 0), the Class IV site plan modification,
landscape plan and architectural elevation plan for St George's at the
Landings, a 20-unit townhouse project within the existing Landings
Condominium, located at the southwest corner of Andrews Avenue and
George Bush Boulevard. Concurrently, the Board approved an internal
adjustment to reduce the required 25' building setback to 15' along the
north/south access tract.
6. Approved with conditions (5 to 0), the Class IV site plan modification and
architectural elevation plan associated with the construction of a 44,320 sq.
ft. building to accommodate dealer/vendor booths and retail uses at Delray's
Lost Drive-In (fka Delray Swap Shop), located on the east side of North
Federal Highway, approximately 500 feet north of Allen Avenue. The
landscape plan was tabled. Concurrently, the Board approved several
waivers; namely,
Reducing the required landscape strip from 5' to 0' for a distance of 80'
along the south property line;
City Commission Documentation
Appealable Items Meeting of August 4, 1998
Page 4
Allowing the maximum number of parking spaces separated by a
landscape island to 13 spaces in one case; 12 spaces in one case and 11
spaces in ten cases; and,
Eliminating the required landscape strips between parking tiers in the
existing east parking lot.
7. Approved with conditions (5 to 0), the Class III site plan modification,
landscape plan and architectural elevations associated with the renovation of
an existing commercial building and construction of an off-site parking lot for
Formano Properties, located on N.E. 4th Avenue, between N.E. 2n° Street
and N.E. 3rd Street. Concurrently, the Board granted a waiver to reduce the
required right-of-way width for N.E. 4th Avenue from 60' to 40'.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR OUL~ STREA. BLVd.
CITY COMMISSION MEETING
OF AUGUST 4, 1998
L-30 CANAL
!
N.W. 2ND
S.W. 2N0
ATLANTIC
L.
LOWSON BOULEVARD
UNION BOULEVARD
BOULEVARD
L. G i !
?
L-38 CANAL C-15 CANAL
c~ LIMITS ........... S.P.R.A.B. P.&:Z.
1. - THE HOME DEPOT A. - BLOOD'S HAMMOCK GROVES
2, - JARDIN DEL MAR HAMMOCK RESERVE
i MILE
I ,3. -- WATERWAY EAST RESTAURANT
I
I
4. - OCEAN CITY LUMBER
SCALE 5. -- ST. GEORGE'S AT THE LANDINGS
6, - DELRAY'S LOST DRIVE-IN
N 7. - FORMANO PROPERTIES
Cl~( OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- DIGITAl. BASE MAP S~3T£~ --
I recommend that the Commission appeal Site Plan Review and Appearance Board
item number 7. This project (Formano Properties) involves parcels on both sides of NE
4th Avenue. As you can see from the attached survey, at least one-third of the existing
on street parking and all of the existing sidewalk are located outside the existing dght-
of-way. Therefore I strongly recommend that we not require any dedication on the west
side of the street, but that we request dedication of ten feet on the east side.
Maintaining the existing on street parking is especially important since these
commercial buildings fall so far short of meeting the applicable off street parking
requirements.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM-__~,~ CITY MANAGER
SLrBJEcT:~ AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 4, 1998
RESOLUTION NO. 46-98 (BUDGET ADJUSTMENT)
DATE: JULY 31, 1998
This is before the Commission to consider approval of a resolution
enactin9 various adjustments to the FY 1998 budget. The revisions
are:
(1) An increase in wastewater treatment operating costs ($500,000
from Prior Year Reserves);
(2) Officially recording the action taken by the City Commission
on May 5, 1998, to bring forth remaining fund balances as of
September 30, 1997, for the State Housing Initiatives
Partnership (SHIP) Grant, the Substance Abuse Grant, and the
Neighborhood Housing Grant;
(3) Establishing a budget for the $10,000 historic preservation
grant awarded by the State Division of Historic Resources,
alon9 with the local match of $10,000 ($5,000 each from the
City and the CRA); and
(4) An upward adjustment of $2,910.00 for the Children's Services
Council's out-of-school spending plan for the Parks and
Recreation Department's after school program.
Additional information and details are provided in the attached
memoranda.
Recommend approval of Resolution No. 46-98.
ref:agmemol4
Agenda Item No. ¢/~'
AGENDA REQUEST
Date: July 23, 1998
Request to be placed on:
Workshop Agenda When: August 4, 1998
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Request Commission approval of Budget Resolution
and subsequent Budget Transfer to provide additional funding for ~ °-.c~:,\ -.~,,,~.: ?.:.g~c, nal Wastewater
Treatment
ORDINANCE~EQUIRED:(~O DRAFT A TTA CHE~O
Recommendation: Staff recommends approval, ~
DEPARTMENT HEAD SIGNATURE: (~'~-~)~ 7/~"//qfl/
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding alternatives (if applicable)
City Manager Review: Approved for agenda:/~S~O
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., ESD Director
SUBJECT: INCREASE OF BUDGET FOR CITY'S SHARE OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL PLANT (SCRWTD~ OPERATIONS
DATE: July 23, 1998
During the budget process, the SCRWTD Board provides us with a copy of their proposed budget and based
upon that information, we establish our share of their operating costs. We are then billed on a monthly basis
using metered flows from the City to the Plant. Because of extraneous conditions such as seasonal occupancy,
new construction, and weather, the amounts billed can greatly fluctuate. During this fiscal year, the weather was
unusually wet causing a sharp increase in flows to the Plant. To date we have expended the $1,525,200.00
allocated for this fiscal year.
Attached is a budget transfer for $500,000.00 from Prior Year Reserves to provide funding to cover the
outstanding balance for the June 1998 invoice ($45,837) and funding for the remainder of the fiscal year.
Please direct the Finance Department to prepare the appropriate Budget Resolution and place this item on the
August 4, 1998, regular agenda for consideration by the City Commission.
RCH:cl
cc: Joseph Safford
File
MEMORANDUM
TO: Barbara Garito
Deputy City Clerk~
FROM: Sherry Muehlberg
Administrative Manager
THROUGH~,~ Milena L. Walinski, CGFO
Acting Finance Director
SUBJECT: Additions to Exhibit A for Budget Resolution Number 46-98
DATE: July 31, 1998
Following is an explanation of the additional revisions included in Exhibit A of Budget Resolution
Number 46-98:
Recording in the Budget Resolution an action taken by the City Commission on May 5, 1998
which brought forth the remaining fund balances as of September 30, 1997 for the State Housing
Initiative Partnership Grant in the amount of $342,135.00, the Substance Abuse Grant in the
amount of $5,255.00 and the Neighborhood Housing Grant in the amount of $38,973.00. These
fund balances were brought forward from Prior Year Surplus Account Number 118-0000-301-
18.00.
Establishing the budget for the Historic Preservation Grant awarded by the Florida Department of
State, Division of Histodc Resources in the amount of $10,000.00 which was approved by the City
Commission on November 18, 1997. The City and CRA will share the local match of $10,000.00.
This also records the CPA's share of the match in the amount of $5,000.00. (Note: The
Agreement was only recently signed and expires on June 30, 1999). The Grant will be budgeted
under a State Grant Revenue Account titled Historic Preservation Grant Number 001-0000-334-
43.00. The CPA's local match of $5,000.00 will be budgeted in account 001-0000-366-05.00.
The City's local match of $5,000.00 will be transferred from the City Manager's Contingency
Account Number 001-6111-519-99.03 into Planning and Zoning's Contractual Account Number
001-2511-515-34.90.
To adjust the mid-year Budget Resolution Number 30-98 for the Children's Services Council's
Out-of-School Spending Plan from $8,850.00 to $11,760.00. The Children's Services Council of
Palm Beach County approved $11,760.00 on March 10, 1998 to the City of Delray Beach Parks
and Recreation Department's After School Program. The difference of $2,910.00 will increase
both revenues and expenditures.
sam-may
cc: Regina Frazier, Budget Administrator
RESOLUTION NO. 46-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELP~AY BEACH, FLORIDA, AMENDING RESOLUTION NO. 75-97
ADOPTED SEPTEMBER 23, 1997, AND RESOLUTION NO. 30-98
ADOPTED APRIL 21, 1998, WHICH MADE APPROPRIATIONS OF
S~S OF MONEY FOR ALL NECESSARY EXPENDiT'JRES OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR
1997/98, BY SETTING FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR
THE FISCAL YEAR 1997/98; TO REPEAL ALL RESOLUTIONS
INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELR3tY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section !. of Resolution No. 75-97 adopted
September 23, 1997, and Section 1. of Resolution No. 30-98 adopted April
21, 1998, are hereby repealed, and a new Section 1. is enacted and
amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in
+~ ~eso!ution, all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1997, and ending the 30th day
of September, 1998, for which the appropriations are made, are
sufficient to pay all the appropriations in full. Otherwise, said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the 1st day of October, 1997, and ending the 30th day
of September, 1998.
Section 3. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1997, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriasions which may be made
in any appropriation for the fiscal year commencing the 1st day of
October, 1997. However, nothing in this section shall be construed to
be applicable to unencumbered balances remaining to the credit of the
Water and Sewer Fund, Sanitation Fund or any Fund created by the setting
up of special revenue, but such balances shall be used in financing the
proposed expenditures of these Funds for the fiscal year commencing the
1st day of October, 1997.
Section 4. That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution, shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 5. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the .payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the City shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Budget Administrator and/or Finance Director
to report known violations of this section to the City Manager.
Section 7. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
promptly into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the
official budget of the City of Delray Beach, Florida, for the aforesaid
period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to
the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 9. That public hearings were held on the tax levy and
the budget on September 9, 1997, and September 23, 1997.
Section 10. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 4th day of
August, 1998.
ATTEST: y /,,'1~ A /Y~'O R
~dS~y ~i~rk /
- 2 - Res. No. 46-98
Exhibit A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 1997-1998
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 529,142 47,000 3,244,492 806, 127 4,626,761
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.95 18,442,840 18,442,840
AD VALOREM TAXES O.65 2,237,220 2,237,220
AD VALOREM - DELINQUENT 233,770 233 770
AD VALOREM - DDA 1.00 97,530 97 530
Sales & Use Taxes 1,385,500 1,385 500
Franchise Taxes 3,095,000 3,095 000
Utility Taxes 5,540,000 5,540 000
Licenses & Permits 2,190,390 2,190 390
intergovernmental 5,292,980 44,170 1,832,394 7,169 544
Charges for Services 3,693,410 25,995,010 29,68E~ 420
Fines & Forfeitures 601,580 601,580
Miscellaneous Revenues 2,696,960 4,330 1,004,450 86,610 3,792,350
Other Financing Sources 2,252,680 812,510 857,680 3,922,870
TOTAL REVENUES AND OTHER
FINANCING SOURCES 47,680,240 101,860 27,856,140 2,776,684 78,414,924
TOTAL ESTIMATED REVENUES
AND BALANCES 48,209,382 148,860 31,100,632 3,582,811 83,041,685
EXPENDITURES/EXPENSES:
General Government Services 5,595,330 5,595,330
Public Safety 26,430,649 26,430,649
Physical Environment 332,230 18,094,457 18,426,687
Transportation 1,324,352 1,324,352
Economic Environment 814,640 127,830 2,868,701 3,811,171
Human Services 167,340 167,340
Culture & Recreation 6,618,380 3,315,108 406,740 10,340,228
Debt Service 3,960,210 4,660,763 8,620,973
Other Financing Uses 2,549,522 4,576,520 297,440 7,423,482
TOTAL EXPENDITURES/EXPENSES 47,810,563 127,830 30,646,848 3,572,881 82,158,122
Reserves 398,819 21,030 453,784 9,930 883,563
TOTAL EXPENDITURES AND RESERVES 48,209,382 148,860 31,100,632 3,582,811 83,041,685
RES. NO. 46-98
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MEMORANDUM
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director
From: Michael Simon, Interim Community Development Coordinator
Date: July 28, 1998
Subject: Public Hearing/Consolidated Action Plan for Fiscal Year 1998-1999
ITEM BEFORE THE COMMISSION
This is to solicit public comment on the HUD-required Consolidated Action Plan Community
Development Block Grant (CDBG) funds for Fiscal Year 1998-1999. The Action Plan is written in
compliance with Federal guidelines governing the use of CDBG dollars. The Action Plan presents the
distribution of the 1998-1999 CDBG allocation of $619,000, plus anticipated $8,000 in program income
from the administration of the Community Redevelopment Agency's Loan Subsidy program. A Listing of
Proposed Projects is as follows:
Housing Rehabilitation $199,150
Emergency Rehabilitation $ 8,000
Economic Development Grant $ 20,000
Low-Mod Facility Rehabilitation $ 65,000
Community Child Care Center $ 19,000
Alpha Time Child Care Center $ 8,600
Mad Dads Organization $ 53,250
Urban League $ 12,000
Boys and Girls Club $ 50,000
Sidewalks $ 70,000
Fair Housing $ 2,000
Administration $112.000
TOTAL $619,000
BACKGROUND
The one year Action Plan is part of the five year Consolidated Plan, 1995-2000, which is a result of the
U.S. Department of Housing and Urban Development's new process for planning the use of Federal
Community Development Block Grant funds, HOME Investment Partnership funds and other community
development programs. This plan replaces and consolidates the Comprehensive Housing and Affordability
Strategy (CHAS) and the Final Statement of Objectives and Proposed Use of Funds formerly required as
the application process for the CDBG program entitlement allocation.
RECOMMENDATION
Staff recommends consideration of public comments of the Consolidated Action Plan. Upon closing the
Public Hearing and thirty day period for public comments, we recommend adoption of the Plan (with
amendments if necessary) and approval for submission to HUD.
AGENDA REQUEST
Request to be placed on: Date: July 29. 1998
xxxx Regular Agenda
__ Special Agenda
__ Workshop Agenda
__ Consent Agenda When: August 4. 1998
Description of item:
Public Hearing for Consolidated Action Plan for Fiscal Years 1998-1998 regarding
proposed budget for Community Development Block Grant dollars.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of the Consolidated Action Plan for Fiscal Year 1998-1999.
Department Head Signature: '~a~~~ '~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Altematives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda E~OHold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun- 1 \cd\renprgm\comagend.doc
-Boca Raton News, Tuesday, July 28~ 1998
Boca Raton News, Tuesday, july 21,1998 ~1~
NOTICE OF PUBLIC HEARING
AUGUST 4, 1998 ~' ~
CITY COMMISSION MEETING
7:00 PM, CITY HALL
CITY OF DELRAY BEACH
The City of Delray Beach Community Improvement Department invites the public to attend a
Public Hearing at the August 4, 1998 City Commission meeting to provide input on the
federally mandated Consolidated Action Plan proposed budget for Fiscal Year 1998-1999. The
Action Plan has been developed consistent with the City's Comprehensive Plan and in
accordance with federal guidelines governing the use of Community Development Block Grant
(CDBG) funds. The Consolidated Action Plan is available for public review and comment at
the Community Development Division office, located at City Hall, 100 N.W. 1st Avenue,
Delray Beach.
The City's Consolidated Action Plan sets forth the proposed projects for the CDBG Entitlement
allocation of $619,000 for the Fiscal Year 1998-1999. In addition to CDBG funds, the City will
continue to receive State housing Initiative Partnership Program funds estimated at $332,000 for
its Affordable Housing Programs. The following is a summary of the CDBG proposed projects:
Housing Rehabilitation $198,000
Emergency Repair $ 8,000
Other Rehabilitation Activity $ 65,000
Social Services(15%)
Community Child Care $ 19,000
Alpha-time Child Care $ 8,600
MAD DADS Organization $ 53,250
Urban League $ 12,000
Infrastructure Improvements
Sidewalks $ 70,000
Recreation Services
Boys & Girls Club $ 50,000
Economic Development
Pineapple Grove Main Street $ 20,000
Administration
(includes allocation for Fair Housing $114,000
Contingency $ 1,150
City of Delray Beach Community Development Division
MEMORANDOM
TO: Alison MacGregory Harty, City Clerk
THRU: Lula Butler, Community Improvement Director
FROM: Michael Simon, Interim Community Development Coordinator~'''~
DATE: July 9, 1998
SUBJECT: Community Development Block Grant
Action Plan for Fiscal Year 1998-1999
Please publish the attached articles in the July 21st and 28th, 1998, issue of The News.
This is a notice of Public Hearing for the Community Development Block Grant Action
Plan for Fiscal Year 1998-1999 proposed budget. Please send a copy of the publication
affidavit and the article to the Community Development Division when received for our
records.
If you require any additional information or clarification needed, call me at ext. 7282.
Thank you for your assistance.
TABLE OF CONTENTS
CITY OF DELRAY BEACH
CONSOLIDATED ACTION PLAN 1998-1999
Annual Action Plan Executive Summary ........................................................................................ i
I. Introduction ...................................................................................................................................... 1
II. Citizen Participation ......................................................................................................................... 1
III. Available Resources ..................................................................................................................... 1-3
A. Community Development Block Grant
B. HOME Investment Partnership
C. HOPE 3
D. Matching Grants
IV. City Partnership Initiatives ............................................................................................................... 3
V. Monitoring of Activities ................................................................................................................... 4
VI. Homeless and Special Needs Activities ........................................................................................... 4
VII. Fair Housing Activities .................................................................................................................... 4
VIII. Public and Assisted Housing ....................................................................................................... 4 -6 A. The Delray Beach Renaissance Program
B. All American City Youth Choir
C. I Have a Dream
D. Family Self-Sufficiency Program
E. Residents Association
F. After School Program
G. Summer Youth Camp
H. Resident Empowerment Program
I. Security and Crime Prevention
IX. Lead Based Paint Hazard Reduction ................................................................................................ 6
X. Geographic Distribution ............................................................................................................... 7-9 A. Low/Mod Income Area Map/Census Tracts
B. Median household Income/Census Tracts
C. Median Value of Owner Occupied Units
XI. Listing of Proposed Projects ................................................................................................... 10- 23
Appendix .................................................................................... Certifications, Citizens Comments
CITY OF DELRAY BEACH
ANNUAL ACTION PLAN EXECUTIVE SUMMARY
FISCAL YEAR 1998-1999
· Description of Key Projects
The City of Delray Beach Annual Action Plan details the planned use of over 1.4 million dollars
in federal CDBG, HOME, State Housing Initiatives Partnership (SHIP), Program Income and
local match funds. The major focus of these funds are:
$217,150 for housing rehabilitation grants to very low income homeowners. (CDBG and
SHIP)
$195,415 for homeownership opportunities of newly constructed and existing units
SHIP)
$190,000 for exterior home improvement and neighborhood improvement projects (City
General Revenue funding).
$ 92,850 for Public Services (Child Care, Crime Prevention/Neighborhood Stabilization
and Housing Counseling (CDBG).
$ 50,000 for Recreation Services
$ 70,000 for Sidewalk Improvements
$ 20,000 for Economic Development Grants
$114,000 in Administrative Costs including costs associated with promoting fair housing
activities (CDBG).
· Locations
All activities will take place within the Community Development Block Grant Target Area
except for those activities associated with homeownership acquisition/rehabilitation and
downpayment assistance which is City-wide.
· Lead Agencies
The City of Delray is lead agency for all funding activities.
· Housing Goals
The plan provides for the rehabilitation of 19 owner-occupied housing units; Emergency Repair
assistance for 5 households; and new homeownership opportunities for approximately 35 low
and moderate income families.
CONSOLIDATED ACTION PLAN
FISCAL YEAR 1998-1999
The City of Delray Beach in year four of implementing the Strategic Plan, will continue to focus
on the issues as identified during the Visions 2005 Assembly of 1994. These issues relate to
Youth Involvement, Neighborhood Revitalization, Economic Development/Redevelopment,
Crime Prevention, Public Education, Government Coordination and Human Relations. The City
of Delray Beach is proud of the accomplishments to date under the Strategic Plan, receiving a
John L. Gunther "Best Practice Blue Ribbon Award" for the second year in the category of
Suitable Living Environment.
The Annual Action Plan reflects funding for activities consistent with the Priority Needs
established in the Consolidated Strategic Plan and the statutory requirements to provide decent
housing, suitable living environments and expansion of economic opportunities. Emphasis this
year is placed on the provision of Affordable Housing Opportunities, Preservation of Housing,
Child Care, Infrastructure Improvements, Crime Prevention, Youth Centers, Homelessness
prevention through housing counseling and referral services and the promotion of Fair Housing.
The Plan also outlines the Delray Beach Housing Authority's (DBHA) plans for improving the
quality of life for Public Housing and Section 8 Tenants. The DBHA does not receive Public
Housing Comprehensive Grant funds.
The City involves the citizens of the Target Area Community in the annual planning process by
means of the Needs Assessment format. The Needs Assessment meeting was held at Pompey
Park, a community/recreation center on June 4th in a public forum style format. The entire
Target Area is informed of the meeting by newspaper, neighborhood newsletters and bulletins.
City staff prepares a proposed budget to be discussed during the citizens comment portion of the
meeting. The meeting also provides an opportunity for the social service organizations which
are applying for funding to give presentations to the public on their programs and needs. The
citizens had a second opportunity to voice opinions concerning the proposed budget during the
Public Hearing portion of the City Commission meeting on August 4, 1998. The transcript of the
citizen comment section of the needs Assessment meeting is found in the Appendix.
A. Community Development Block Grant
The City expects to receive $619,000 in CDBG funds for Fiscal Year 1998. An additional
$8000 is also expected to be received in Program Income. Program Income is a result of the
City's participation in the Community Redevelopment Agency's Loan Subsidy Program. The
City provides technical assistance to approximately 30 property owners who receive interest
subsidy from the CRA on loans obtained from private lending institutions. The loan program
focuses on interior and exterior improvements to existing structures within the CRA District and
within the CDBG Target Area.
The Community Improvement Department is reimbursed at $13 per hour for time spent
providing the service. These dollars will be used to provide owner-occupied housing
rehabilitation, child care services, youth services, crime prevention, fair housing activities,
sidewalk installation, recreation improvements and administrative costs associated with the
CDBG program. Detailed project activity descriptions are located in the CPD Consolidated Plan
Listing of Proposed Projects table. Geographic distribution is described in the accompanying
maps.
A. HOME Inve~,ment Partnership Consortium
The Interlocal Agreement creating the Palm Beach County/City of Delray Beach HOME
Consortium expired on 9/30/96. However, the City will continue to utilize the obligated HOME
funds allocated through Fiscal Year 1996 ($89,000) in the Consortium. These funds will be
used to provide new construction opportunities in the form of downpayment assistance for first-
time homebuyers in the Delray Beach Housing Renaissance program. The HOME funds will be
used along with matching grants and first mortgages to construct 35 new homes for very low and
low income families.
B, HOPE III
The City will continue providing homeownership opportunities through the HOPE III program.
Activities related to the acquisition/rehabilitation of government-owned properties will be into its
fifth year during the 1998 fiscal year. The program has completed the acquisition of ten units,
and the rehabilitation and sale of eight units. Rehabilitation has begun on the remaining two
units, with mortgage approved applicants waiting for the units to be completed. It is expected
that transfer of the remaining 2 units to buyers will be accomplished by the completion of the
1997 fiscal year. During the 1998 fiscal year, the City will use the $450,000 in funds regained
from the sales of all ten units to continue the purchase, rehabilitation and sale of HUD
foreclosures to very low and low income households.
C. Matchine Funds
As an Entitlement City, the City of Delray Beach receives State Housing Initiatives
Partnership Program (SHIP) funds which may be used to fulfill the match requirements of
federal funds. SHIP dollars may be used for housing rehabilitation, lot acquisition,
downpayment assistance, impact fee payments, and closing costs on home purchases. The City's
allocation for FY 1998-99 is estimated to be $332,850, with 50% allocated to new construction
2
financing, 26% for housing rehabilitation, 14% homeownership/rehabilitation, and 10% for
administration costs.
Since 1990, the affordable housing programs have been enhanced by a contribution of
approximately $230,000 from the City's general revenue fund. These dollars were used to fund
the Bootstrap Rehabilitation program. The contribution will be decreased in fiscal year
1998/99 as the City realizes the revenue from the repayment of the Urban Development Action
Grant(UDAG) investment. The City received UDAG funds from HUD in the amount of $3.8
million that was loaned to the developers of the Auburn Trace affordable rental complex as part
of the financing of the project.(should previous sentence stay?) In Fiscal Year 1998, the City
will budget $190,000 for the Bootstrap Program, $149,000 from the UDAG repayment and
$41,000 from the City's general fund. Funding will be used for neighborhood association
activities and exterior improvements to eligible owner-occupied housing units. It is expected
that seven new neighborhood associations will be organized, and thirty(30) owner-occupied units
will receive exterior improvements. The City also contributes dollars to Habitat for Humanity in
the form of lot purchase for the construction of new Habitat homes. Five lots will be acquired
and deeded to Habitat for homeownership opportunities.
The Delray Beach Renaissance Program
In January 1996, the City of Delray Beach formed a partnership with two local non-profit
agencies, the Community Redevelopment Agency, the Delray Beach Housing Authority, the
Federal Home Loan Bank of Atlanta and the Community Financing Consortium to enact the
Delray Beach Renaissance Program. The Renaissance Program will provide senior and junior
mortgages, packaging services, home buyer assistance for 35 new homes in Fiscal Year 1998-99.
The program is focused on creating homeownership opportunities for very low, low and
moderate income persons with priority given to applicants currently on Section 8 housing
assistance, living in public housing and applicants of larger household family size. The City
intends to use HOME and SHIP funds allocated to new construction as grant subsidy awards for
this program. Additionally, matching funds are available from the Community Redevelopment
Agency, the Delray Beach Housing Authority and the Community Financing Consortium
creating a total in funding of over 4 million dollars.
Paint-Up Delray
Paint-Up Delray is a community project that involves the participation of local businesses and
banks, volunteers, homeowners and City personnel. Together, the partnership provides the
financial resources and labor needed to paint a selected number of homes (10-15) within a Target
Area neighborhood at no cost to the homeowners. It is part of the City of Delray Beach's
continuing effort to upgrade and beautify its neighborhoods. The entire community's
commitment to Paint-Up Delray is what has made this event such a success.
3
The City of Delray Beach will continue to monitor CDBG funded projects and sub-recipients in
accordance with regulations and statutes governing all such activities. Construction supervision
of rehabilitation is done by certified inspection staff during the entire rehabilitation process.
Once rehabilitation of a home is complete, Division staff make yearly inspections for a 5 year
period and assists homeowners if problems arise until the Grant period is over. Sub-recipients of
CDBG funding enter a written agreement with the City of Delray Beach developed in accordance
with Federal regulations governing "Administrative Requirements for Grants Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal Governments" (24 CFR Part
85).
The City will continue to support the efforts of local agencies who have the needs of the
homeless as their concem. Funding has been allocated to the Urban League of Palm Beach
County to provide Housing Counseling Services in an effort to prevent homelessness as well as
to assist homeless individuals and families locate available housing services. Efforts are being
made to create homeownership opportunities for capable Specials Needs individuals by using the
Renaissance Program for purchase assistance funds in order to further the Cities commitment to
addressing the needs of the Special Needs population.
The City of Delray Beach has contracted with the fair housing advocacy and consulting group,
HOPE, Inc., to aid in the promotion of fair housing issues. HOPE, Inc. will be responsible for
educational seminars on the issues related to housing discrimination and to perform testing for
suspected violators. The outreach program facilitated by HOPE, Inc. has been very successful in
uncovering acts of discrimination within Palm Beach County and is expected to continue to
make strides toward the elimination of ignorance and disrespect.
The Delray Beach Housing Authority (DBHA) continues it's commitment to improve the quality
of life for both Public Housing and Section 8 clients. DBHA programs provide viable,
substantial alternatives to participation in crime and drug activity. They are also designed to
promote true self-sufficiency through economic development. The following programs are
among the strategic and tactical plans to meet the goals consistent with the goals of the
Consolidated Plan.
4
A. The Delri~y Beach Renaissance
The DBHA will contribute subsidy monies as a parmer in the Delray Beach Housing
Renaissance Program. Along with awarding subsidies, the DBHA will provide rental
management training to local non-profits and assist low income families towards self-sufficiency
and home ownership.
B. All America City Youth Choir
Approximately sixty (60) youth residing in Carver Estates participate in the All American Youth
Choir. The Choir performs year round and continually gives inspired performances. Interwoven
through Choir practice is educational training related to developing strong values and self-
esteem. Over half of the participants in the Choir were on the Honor Roll at their schools the last
grading period.
C. I Have A Dream Program
The DBHA currently has forty (45) youth enrolled in the I HAVE A DREAM PROGRAM.
Participants receive tutoring and computer training to help prepare them for their future academic
endeavors. Each participant upon graduation from high school receives a prepaid tuition to a
state college or university.
D. Family Self-Sufficiency Program
The Family Self-Sufficiency Program (FSS) is located on-site at Carver Estates. FSS provides
family and economic support and development services for fifty (50) Section 8 and eighty (80)
Public Housing families. The goal is to achieve true self-sufficiency within a five year period,
the DBHA program prepares Section 8 recipients to gain financial stability in order to take part
in the Renaissance Program. DBHA has opened fourteen escrow accounts to help participants
with the purchase of a home and have two participants who have completed the program and
closed on their homes. FSS is funded by Children's Case Management, The A.D. Henderson
Foundation and DBHA.
E. Residents Association
The DBHA Residents Association was recently reactivated after several years of inactivity. The
Association serves as a form for resident issue and an avenue for the DBHA to disseminate
information relating to policies that may affect tenants. The Association meets monthly and is
provided technical assistance in organization from MAD DADs of Greater Delray Beach.
F. After School Proeram
The After School Program, located at Carver Estates provides a variety of activities for thirty
(30) children ages 5 to 11 every Monday thru Friday during the school year. Tutoring, games,
field trips and self-esteem development are among the activities in which the children participate.
This program provides both educational and recreational opportunities for participants.
G. Summer Youth Camp
DBHA sponsors a Summer Youth Camp for teenagers throughout the summer months. Similar
to the After School Program, a variety of educational and recreational activities are being offered
for the summer.
H. Resident Empowerment Program
The Resident Empowerment Program is an established joint venture between various public and
private partnerships to provide job training, skills upgrade and employment opportunities for
both Section 8 and Public Housing clients.
I. Security and Crime Prevention: One Strike Your Out
Through its partnership with the City of Delray Beach, the DBHA has been provided two full-
time Community Oriented Police Officers, in addition to a special security detail which was first
contracted through a Drug Elimination Grant in 1992. This added security allows for
implementation of the new "One Strike, You're Out" initiative that has been encouraged under
the Clinton Administration. The purpose of the policy/initiative is to eliminate criminal activity
from public Housing by rigorously evicting households where members engage in unlawful acts.
The City is educating homeowners of units done under the housing rehabilitation program on
the hazards of lead based paint. All units built before 1978, which house children under the age
of seven, are visually inspected to determine the condition of painted surfaces. If the painted
surfaces show signs of chipping or peeling, the unit will be tested for lead based paint. If lead
based paint is found, we explain the potential health risks associated with lead based paint.
Rehabilitation staff strongly recommends testing for elevated blood levels and treatment of the
children living in the house as well as those children known to frequent the unit. The unit is then
evaluated to determine the necessary measures to be taken in order to create a safe environment
for the family occupying the unit. The City follows Interim Controls and or Abatement of lead
based paint hazards according to Title X.
Activities described in this plan including Public Housing Resident Initiatives will be
concentrated within the Target Area Census Tracts 65.02, 67, 68.01 and 68.02. Activities
relating to HOPE 3 and the Bootstrap programs are citywide. A location map is included.
6
Low/Mod Income Households
Low&Moderate Inc.
Water Area
iCensus Place
Streets
· Populated Place
Median HH Income (Tract)
~ lO000 to 22499
~22500 to 31899
31900 to 37999
~ 38000 to 47999
~48000 to 70000
'BEACH
Med. Value-Owner Occ. (Tract)
[~Oto 70999
~TlO00to 99999
lO0000to 149999
~150000to 259999
~260000to 500000
0000000 0
o ~
10
0000000 0
0000000 0
0
0 eO
0 ~0
12
0000000 0
{.9
n 0 ~ 'r 0 o
0 W 3i 31 ~ n ~-
0
. ~ .- 8~
m ~'~
~'~ 0
°EC
~ ~ =
0000000 0
0000000 0
00000~ 0
0000000 0
0000000 0
0
0
0
18
0000000 0
0000000 0
0000000 0
0000000 0
Application for Federal
Assistance
2. Date Submitted ' Applicant Identifier
08/15~98 B98-MCo120033
1. Type of Submission: 3. Date Received by State State Application Identifier
Application: Not Applicable
4. Date Received by Federal Agency Federal Identifier
>reapplication: Non - Construction
08/15/98 59-6000308
5. Applicant Information
Legal Name Organizational Unit
City of Delray Beach Community Improvement Department
Add ress Contact
City Hall Lula Butler, Director
100 N.W. 1st Avenue 561-243-7204
Delray Beach, FL 33~.,!.~
Palm Beach County
6. Employer Identif'~ation Number (EIN): 7. Type of Applicant:
59-600030
Municipal
8. Type of Application:
Type: Continuation
9. Name of Federal Agency:
U.S. Department of HUD
10. Catalog of Federal Domestic Assistance Number: 11. Descriptive Title of Applicant's Project:
Catalog Number: Housing Rehabilitation, Lake Delray Apartments, The
Assistance Title: CDBG Entitlement Grant ARC, Sidewalk Improvements, Economic Development
Grants, Recreational Improvements, Social Service
12. Areas Affected by Project: Funding.
City of Delray Beach Target Area.
13. Proposed Project: 14. Congressional Districts of:
Start Date I Start Date a. Applicant I b. Project
10/01/98 09/30/99 23 23
15. Estimated Funding: 16. Is Application Subject to Review by State Executive Order 12372 Process?
a. Federal
$619,000 Review Status: Program not covered
b. Applicant
$0
c. State
$0
d. Local 17. Is the Applicant Delinquent on Any Federal Debt?
$o
No
e. Other
$0
f. Program Income
$8,000
g. Total
$ 627,000
B. To the best of my knowledge and belief, ail data in this epplicaUon/preapplicafion are true and correct, the document has been duly authorized
y the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
la. Typed Name of Authorized Representative I b. Title c. Telephone Number
d. Signet thorize,,~ ~._p:,~,__..!ative e. Date Signed
8/
10198
Funding Sources
Entitlement Grant (includes reallocated funds)
CDBG $619,000
ESG $0
HOME $0
HOPWA $0
Total $619,000
Prior Years' Program Income NOT previously programmed or reported
CDBG --
ESG $0
HOME $0
HOPWA $0
Total --
Reprogrammed Prior Years' Funds
CDBG $0
ESG $0
HOME $0
HOPWA $0
Total $0
Total Estimated Program Income $0
Section 108 Loan Guarantee Fund $0
TOTAL FUNDING SOURCES --
Other Funds $0
Submitted Proposed Projects Totals $619,000
Un-Submitted Proposed Projecta Totals $0
APPENDIX
· point loc dtc ccccipt of such noticcz. Notice s!~all includc d~c id~t~fi~tion numbcc(~)
of ~ aff~t~
6. T~ing one of ~¢ following a~o~, wifldn 30 ~d~ days of f~iving noti~ uad~
(a) T~ug ~propda~ ~o~d a~on ~t m~ n ~toy~, up ~ ~d hdud~
m~dd; or .
$igna~Au~ori~ Offi~al " Date -'
Specific CDBG Ccrtific.'~tions
'~¢ Entitlement Community c~rtifi~ that:
Citizen Participation - It/s ia ~ull compliance and £ollowing a dctail~i cRiz~ participation
that satisfies thc rOClUkC~n~Cs o~ 24 C1~ 9L105.
Community Development Plan - Its cousolidatcxi hou~h~ and comm-nRy dcvclopmcnt plan
ide. Alti~ commul3ity dcvclopmcat and housing nceds and spccific~ both short-term and long-tcan
community d~vclopmout objcc~vcs that provide decent housing, cxpanct e~oaom/o oppon'un/tles
primarily for p~rsons of low and mode-ate incom~ (See CFR 24 b'70.2 and CNR 24 part 3'70)
. Foil .(m'h~ a Plan - It/s fi311owing a.cun~t consoHdat~l plan (or O3mpr~,he~ve Housing
Use of Funds - It has complied with th~ ~ollowing c~itmia:
fimds, it axtifg~ that it _h,~ d=mlolx~l its Actioa ~ so as to ~ ,,, _~ _m,,i~ fimsible
pdodty m a~tlilties which bemelit Iow and modcrat~ income ~mn~es or aid/n the
pr~cntiou or e. lhnina~ou or,luau or blight. 'I~ Action t'lan may also include
which th= granU~ ~ ar~ designed to me~._Z oth~ community d~vetopmeat
.hi~g a i3articutar ur~acy bccaus~ c3is~ing conditions ~ a;sedou= and ~mmec[iate
~t tO thc Izt,,~lJ. th Or ~ Of th~ commtllldty, alld othe..~ ~llaI1cial 1'e:SOtllD~ ~ not
availablo);
. 2. ~.B~ndit. 'Ibc ag~gat~ usc of CDB~ tim&/=iud/ag scion 108 .guaA-an. ~
Ioansitudug'pmgramyca~s) 199 . 199 :~(a .p.~dodspedficdbythograntc~ ', . .
; cons/s//ug of6n~ two,.or tiw~.sp~/ac cou~:cutiwlxogram yc~s), shalI p~hcipally "
· ' bauafit .p~-~ons ol~low and m~/ucomoiu.a m/~. e.l: that e.~-arcs that at least 70
p~3t o~ tho amount ~s cxp~dcd ~er activiti= that.b~'e, he mcb. p~,om dudug tho ':
d~signatcd period;
3. S~eciai Azse~me.a~ R ~ pot attmapt ~o mcov~ auy capital costs or'public .~'
' impro~om~nts as~.' ted with CDBG- hu~ iilciud;ng.~z~.on 108 loan guarante~ ~uds by
.assc~ng any amount %mim-t pm~ic~ owned and occupi~t bt, pe~ous of low and
moderat~/uoome., hdudiug any fee charged or ammsm~mt mad= as a conditlon~f - -
obtaini~~ to such public imp~c==. . "
Howtw~/~ CDB~ ~unds ar~ used to pay the proport/on o1~ a f== or a~se~sment that' .
. ' rSIates to th= capital costs oi public improv~neats iaz~'t~ in part with CDB(} r~mds)
' fiuanc~d from other rtwenu¢ sotm:~ an asse=meat or char~ may' b~ mado against tho:.
prop~ with r~pect to tho publi= improv~neats S---._,~ ~ a sourc= other than CDB~
Tho ju6z~ct/on will not atte, n/pt to r~over any capita! costs of public/mprqvexne, ats "
assisteA with CDBG fund~, including Section 108, ude= CDBG fimds am used to pay tho
. proportion of I~e= or ~essme. nt attn'butaN¢ to tho c~pital costs of publi~ improvomemts
financ~xl ~rom other w-veau¢ sourc=s. In thh caso, an asse=sracnt or chaqI¢ ma), bo made
~.: a§airtst thc propext¥ with raspe~ to the public impwve, me. nts finance, d by a source: other
than CDBO fun&. Also, in tl~c casc of properties owned and occupied by modcrato-
i,coatc (,or low-incomi:) ['amilic.~. a, ~sc.~mcnt or chargc may bc madc agai. n.~( thc
p~op¢cty loc public [mp~ovcmcn[z ~n.',nc, cxt by -~ ~ou~cc oth~
; · ju[~d~ct[o~ ~fi~ that [t lac~ CDBO ~un~ m ~vcc thc
~c~sivc Forcc -- I( h~ adop[~ aad ~
~ ~E~ pm~%[~g ~c ~ of ~[vc fo~ by hw ~~t agcad~
lcad-bascdpaintwHl _co,,,~ly.~wifhtl~lUkCmca~o[24Cb-'P.§SVO.60~ .- - . .
CompIf. ance with La~-'~ ~ comply with applicabI¢ Ia~i. " --
: _Cft'v Hauage~ ..
./'*,ftc . -
... [
APPENDIX TO CERTIFICATIONS
: - INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORICPI_.ACE
REQ UII~MENTS:
~..:'" Lobby/nj Certification
Th/s ccrt/~cation is a matcrial representation of fact upon which rcliancc was
placed when this tcanJsact/on was made or catered into. Submisdon of
ccrtiiication is a prcrcquisitc for making or catering into ~ h~msa, ct/on imposed
by scction 1352, title ~1, US. Codc. Any person who ~a_~ tn filo'thc rcquir~
certification ~ Ix: subject to a civil pcnalty o£ not Ic~ than $10,000 and not
mom than $100,000 f~r cach ~uch failurc.
B. ' Dru[-Freo Workplace Cerdiicat/ou
By dining and/or mbmitting ,hi~ application or grant
tho gra~ is pv~iding tho certification.
2. Thc cctiification is a mategal roprc~utation of fact upon which rclianco is
grantc~knowingly rcndcrcd s falso'ccrlffication, or othctvd~ violatcs
. rcq~cnts of thc Dmg-Frc~ Worl~lacc Act, ]~ID, in additi6n to any--
othor rcanedies avaflablo to tho F~xlcia[ Caovemme~ut, may ~-alro action
authogzcd undcr tho Drng-Frco Wodcplaco Act.
3. For l~'an~ other than individual& Altcmato I applic~ (This i~ tho
ir~mztion to which jurir, di~o~ c~rtiry).
:.' ~ 4. For grantees who at~ individuals, Altcmat~ H ippEcx. (Blot
! ap~Iicablojudsdicaons.) :' '
5. Wod~Iaces undcr grants, ~r grante~ other t~aan individuals, need.
· not bo ideattiti~ on tho ccrtificat/om If lmow~ thoy may b~
identified in th~ grant application. If tho grantce doc~ not
the workphces at thc &n~ of application, or upon award, ii thc,,'o is
no application, tho gmnt~, must keep tho idcafity o£ tho
wodq~hcc(-~) on filo in it~ office and make tho ~ availablo
for Fexleral ~_nn. Faihro to Mcat/fy all known
constitutes a viohtion of tho grantcc'~ drug-~ wo. rkphco
~. ° Wor~. laco ideatilicaffons must include tho actual addre= o1~
bdldin~ (or para of buila;%-,s) or other dtc~ whe~ wo& under
thc grant tak~ place.. Catogodcal descdpt/ons may bo used (c.g.,
all vehicles of a mas~ trandt authority or Sram highway dcpartmcat.
while in opd'ation, Sram e. mployea~ in each local unemploymoat ..
office, lxaforme, cs in coacex't halls or radio statlon~).
7. I1~ thc workplac~ ideatifie, d to the agemqt changes during the
p~rf~rmance of the grant, the grantee ~h.al! inform the alIcney of
thc change(s), if it previously identified the workplaces in qu~tion
.~! (see paragntph five).
· ., . S. 'lr'h¢ §rantcc may iascct ~n thc ~pacc pro~dcd below thc ~i~) ~or thc
[)Cr~O~man~ o~ wore donc in ~n~on ~h ~hc ~c ~a~
Pla~ o~ Performan~ (Strut add
City of Delray Beach
Community Improvement Department
Community Development Division
NEEDS ASSESSMENT MEETING
Thursday, June 18, 1998 6:30 P.M.
Pompey Park
1101 NI4/ 2nd Street
Public Comments
Michael Simon opened this segment of the meeting by reminding the public that
they are invited and encouraged to attend the City Commission meetings that are held
on the first and third Tuesdays of each month at 6:00 P.M. in the Commission
Chambers at City Hall. He also informed them of the Community Redevelopment
Agency meetings that take place on the second and fourth Thursdays in the Board
Room at City Hall. The Needs Assessment Meeting was then opened for public
comment.
Shirley Johnson, 701 NW 4th Street, Paradise Heights Homeowners
Association, spoke of her concern for children who may "fall through the cracks" with
regard to summer programs because of a lack of funding and/or subsidy and availability
of programs.
Mary O'Connor, Executive Director of the Boys and Girls Club, responded by saying
that, through Palm Beach County, the Community Action Council annually has large
amounts of money to subsidize summer programs. They provide vouchers that can be
taken to any program in any area. The vouchers can't be sold and are good only when
taken to a program. She advised that because Palm Beach County no longer has
summer school sessions, children should apply early for these programs due to
overcrowding.
Michael Simon said he would pass this information on to the City Parks and Recreation
to be certain that they were aware of available funding through the Community Action
Council.
Bob Wells, 111 NW 11 Avenue, commented about the children hanging out on
the street corners in his neighborhood. He said that these are children who should be in
school, but airs instead hanging out on the street corners involved in drug activity. He
continued to say that these children airs theirs with people who are back on the streets
after having been released from prison. His concern was with the truancy issue,
enforcement that would keep the children who want to be on the streets from being
there, and rehabilitation programs for people released from prison that would serve to
keep them off the streets.
Chuck Ridley, Executive Director of MAD DADS, responded that with the support of the
community and MAD DADS, creative ideas can be found to provide opportunities so the
kids won't want to be on the streets. However, he continued, the reality is, people who
don't want to take advantage of opportunities available to them, can't be forced to take
them.
Citizen Evelyn Dobson stated that the school board and police department shared the
responsibility for this type of prevention and it appeared that the communities lacked
their support. She also commented that it was not just activity in the neighborhood, but
white collar people using the neighborhood kids to make a profit. She felt the kids'
attention needed to be redirected. She said that the neighborhood homeowners
associations should work in conjunction with and form partnerships with the police and
school board, Community Redevelopment Agency, City Commission and MAD DADS.
Michael Simon suggested that if surveys were done and evidence built, these findings
could be taken to the police department for their direction and assistance with help for
these kids.
Bob Wells commented that these kids needed a personal touch to get them off of the
streets. Paula Allen, Program Director for MAD DADS, said that she, along with
Winston Hudson, Neighborhood Coordinator, are currently developing a program for
kids who are not in school to provide them with some type of training. She invited Bob
Wells to join them in developing their strategies.
Dorothy Ellington, Interim Executive Director of the Delray Beach Housing
Authority, spoke regarding the proposed funding for rehabilitation of Lake Delray
Apartments and requested details on the proposed work. She also requested the total
number of rehabilitation units targeted for the year for CRA, SHIP, CDBG, and Bootstrap
dollars.
Michael Simon told Ms. Ellington that she was welcome to whatever information the
division had regarding the rehabilitation. He also responded that goal for the division
was to target 75-80 units total for rehabilitation under the various programs. He
reiterated that this number was for rehabilitation, not to include homeownership.
He informed those present that CRA loan applications, information pertaining to the
Bootstrap Program, and maps of the target and CRA areas were available at the
meeting. He encouraged anyone needing assistance to stop by the Community
Development Division for an application and information on funding and waiting list time.
Evelyn Dobson, 130 NW 3rd Avenue, commented on dollars budgeted for
infrastructure improvements, specifically sidewalks. She wanted to know what areas
were targeted for sidewalks under the budgeted figure. She stated that none of the rear
streets from the northeast of Martin Luther King to Lake Ida have sidewalks. She said
that NW 5th Avenue had requested money for sidewalks last year and sidewalks were
put down on only one side of the street. She expressed the need for more monies to
pave streets other than those related to the redevelopment areas along Atlantic Avenue.
Michael Simon responded that $130,000-$140,000 had been expended on sidewalks.
The approximatly $30,000 remaining would be combined with the budgeted $75,000.
He pointed out that the project was not completed and that all expenses had not been
signed off. As an explanation, he said that eventhough it appears to be a slow process,
different people and agencies (engineering, surveyors, etc.) were involved and it all
takes time.
Dorothy Ellington responded that under the Bootstrap Program, there was not nearly
enough funds to take care of all of the needs in the City. She emphasized that general
revenue dollars were available and that citizens and neighborhood associations should
appeal to the City Commission for these funds.
Dennis Thompson, Housing Rehab Specialist for the Community Development Divison,
said that last year's funding provided sidewalks for the NE section of 5th and, because
of an Association's involvement, SW 10th Avenue. With the budgeted funds for the
upcoming fiscal year, the City is redoing Merritt Park on SW 4th Street coming down
from Atlantic on 6th Avenue on the West side, to SW 4th Street and back up to Swinton
Avenue. He explained that with limited dollars for sidewalks, the areas are spotty, but
the City is working toward closing the gaps. Michael Simon pointed out that even if
sidewalks were not being put on a particular person's street, it still had a positive impact
on the neighborhood as a whole. The overall plan has to be kept in mind.
Chuck Ridley, Executive Director of MAD DADS, commented on the negative
impact of traffic in the southwest neighborhood area and recommended the planting of
trees from Atlantic Avenue to Lowson Road which would improve the appearance of the
area.
Michael Simon suggested that the Adopt-A-Tree Program might possibly assist this this
recommendation.
Bob Wells, 111 NW 11 Avenue, spoke regarding contractors' involvement with
the rehabilitation and improvement work that has been budgeted for the next fiscal year.
He wanted to know if there was a way for local contractors living in the Delray Beach
area could get these monies from working on these jobs.
Michael Simon explained that all bids are public bids and available to licensed
contractors. He said that in the Community Development Division, many local
contractors bid on the rehabilitation projects and actual construction of homes. In
addition, he pointed out that there are guidelines that go along with bids from the City
and, according to those guidelines, everyone is given an oportunity to bid.
There were no further comments or questions and the meeting was adjourned.
Respectfully submitted,
Candice H. White
Administrative Assistant
Community Development Division
[ITY OF DELRI:IY BEI:Ii:H
CiTY ATTORNEY'S OFFICE
F'.,~Cs.D, I[.~ 4~:~7 2 4755 Wrilcr'~ I)ircct I,ine: (561) 243-7091
DELRAY BEACH
ll~l~rica Ci~ M EMO~N DU M
~''~ TO: City Commission ~
FROM: Brian Shutt, Assistant Cit~ Attorney
SUBJECT: Settlement oC Valicia Medor v. City of Dekay Beach
Ms. Medov sued the City as a result of an automobile accident with a police officer, (thc
o~cev no longer works ~or the City) on November 25, 199~. Ms. Medor was proceeding
northbound on Dixie Highway and our o~cer was stopped at thc intersection oC Dixie
Highway and Linton Boulevard Our o~¢[- motived a call and proceeded against thc
light into the intersection. Ms. Mcdor, who had thc green light? ran into thc side oC thc
police car. The Police Depa~ment determined that thc o~cer violated departmental policy.
As a result oC the accident, Ms. Mador alleged injuries to her knee, neck and back. Ms.
Mcdor had surgc~ on her knee. An M~I of the spine was taken which showed herniation
in thc upper back/lower neck a~ea. Ms. Mcdor has incurred medical expenses in thc
approximate amount of $43,000.00 as a ~¢sult o~this accident.
Ms. Mcdo~? through her attorney, has off, md to settle this case Cor $49?850.00, which
includes all attorney's Cces and costs subject to approval by thc City Commission. If thc
Commission accepts this otter, the City Attorney's Office will obtain a complete release
flora Ms. Mcdov Cot all of her claims. Steve Hanzman of Gallaghc~ Bassctt and Frank
Babin, Risk Manager? concur in this settlement agreement. Our o~ce recommends
acceptance oC this offc~.
Please call iCyou have any questions.
cc: David T. Harden, City Manager
Alison MacGmgo~ Haay, City Clerk
Frank Babin, Risk Manager
Steve ltanzman, Claims Representative
Cathy Kozol, Police Legal Advisor
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 4, 1998 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.H. CLOSEOUT CHANGE ORDER..#i & FINAL PAYMENT/LEDBETTER ELECTRIC
(MILLER PARK LITTLE LEAGUE FIELD #1 EMERGENCY ELECTRICAL
REPAIRS): Consider approval of closeout change order #1 in
the net deduct amount of $4,376.07 and final payment in the
amount of $1,704.05 to Ledbetter Electric, Inc. for
completion of the Miller Park Little League Field #1
emergency electrical repairs project; with funding from
334-4173-572-63.90 (Miller Park Lighting).
ref:ADDENDUM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY I~r~2XlAGER
SUBJECT: . REGULAR MEETING OF AUGUST 4, 1998
CLOSEOUT CMANGE ORDER & FINAL PAYMENT/LEDBETTER ELECTRIC
(MILLER PARK LITTLE LEAGUE FIELD #1 EMERGENCY ELECTRICAL
REPAIRS)
DATE: AUGUST 3, 1998
This is before the Commission to consider approval of closeout
change order #1 in the net deduct amount of $4,376.07 and final
payment in the amount of $1,704.05 to Ledbetter Electric, Inc. for
completion of the Miller Park Little League Field #1 emergency
electrical repairs project.
The deduct change order is for liquidating residual monies in the
project's contingency allowance as explained in the attached
memorandum from Mr. Wight.
Funding will be from 334-4173-572-63.90 (General Construction Fund
- Miller Park Lighting).
Recommend approval of the final closeout change order and final
payment to Ledbetter Electric, Inc. for the referenced project.
ref:agmemol8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lvlhAIAGERt~~
SUBJECT: AGENDA ITEM ~/~- REGULAR MEETING OF AUGUST 4, 1998
ORDINANCE NO. 27-98 (PSYCHIC READERS)
DATE: JULY 31, 1998
This is second reading and the second public hearing for Ordinance
No. 27-98 which amends LDR Section 4.4.9, "General Commercial (GC)
District", to allow 'Astrologists, Clairvoyants, Fortune Tellers,
Palmists, Phrenologists, Psychic Readers, Spiritual ists,
Numerologists and Mental Healers ' as a permitted use within
certain areas of the GC zone district. It also provides for
location and distance restrictions, and adds 'psychic readers' to
the appropriate classification under the occupational license tax
schedule at Section 110.15 of the City Code.
The use will be permitted along the Federal Highway pairs (N.E.
and S.E. 5th and 6th Avenues) between S.E. 3rd Street and S.E.
10th Street, and between N.E. 4th Street and N.Eo 7th Street. It
will not be allowed in the GC-zoned sections of the West Atlantic
Avenue or North Federal Highway redevelopment areas. A distance
separation requirement of 300 feet between uses is included to
avoid a concentration of such uses in the permitted areas.
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 20, 1998, and voted unanimously to
recommend that it be approved. At first reading on July 21st, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 27-98 on second and final
reading based on the findings and recommendation of the Planning
and Zoning Board.
ref:agmemol3
ORDINANCE NO. 27-98
A_N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9 (B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO ALLOW 'ASTROLOGISTS,
CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS,
PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS,
NI/MEROLOGISTS AND MENTAL HEALERS' AS A PERMITTED
USE WITHIN CERTAIN AREAS OF THE GC ZONE DISTRICT;
AMENDING SUBSECTION 4 4 9 (H) "SPECIAL
REGULATIONS" TO PROVIDE LOCATION AND DISTANCE
RESTRICTIONS FOR SAID usE; AMENDING CHAPTER 110,
"OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15,
"LICENSE TAX SCHEDULE" BY ADDING 'PSYCHIC READERS'
TO THE 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE
TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS,
NUMEROLOGISTS AND MENTAL HEALERS' CLASSIFICATION;
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 July 20, 1998, and forwarded the change with a unanimous
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 4.4.9, "General
Commercial (GC) District", Subsection 4.4.9(B), "Principal Uses and
Structures Permitted", of the Land Development Regulations of the
City of Delray Beach, be, and the same is hereby amended by adding
the following:
(B) Principal Uses and Structures Permitted: The
following are allowed within the GC District as permitted uses,
except as prohibited in the West Atlantic Avenue Overlay District by
Section 4.4.9(G) (1) (a):
(6) Astroloqists, . clairvoyants, fortune tellers,
palmists, phrenoloqists, psychic readers,..
spiritualists, numeroloqists and mental healers,..
subject to the locational restrictions of Section
4.4 ~9.(H)(5).
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.9, "General
Commercial (GC) District", Subsection 4.4.9(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, be, and the same is hereby amended by adding the
following:
(H) Special Regulations:
(5) Astroloqists, clairvoyants, fortune tellers,
palmists, phrenoloqists, ... psychic readers, spiritualists,
numeroloqists and mental healers are limited to the qeoqraphical
areas alonq N.E. and S.E. 5th and 6th Avenues (Federal Highway
pairs), between S.E. 10th Street and S.E. 3rd Street, and between
N.E. 4th Street and N.E. 7th Street, and shall be limited to no more
than one of each business every three hundred feet (300'), measured
in a straight line from lot line to lot line.
Section 3. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.15, "License Tax
Schedule", of the Code of Ordinances of the City of Delray Beach, be,
and the same is hereby amended to read as follows:
Classification
ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS,
PALMISTS, PHRENOLOGISTS, PSYCHIC READERS,
SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 27-98
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED ~ ~OPTED in regular session on second and final
reading on this the 4th day of August , 1998.
ATTEST: ~ R
i City C~rk r
First Reading July 21, 1998
Second Reading August 4, 1998
- 3 - Ord. No. 27-98
MEETING DATE: JULY 20, 1998
AGENDA ITEM: V.A. - AMENDMENT TO LDR SECTION 4.4.9(B)
GENERAL COMMERCIAL (GC), TO ALLOW
ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS,
PALMISTS, PHRENOLOGISTS, PSYCHIC READERS,
SPIRITUALISTS, NUMEROLOGISTS AND MENTAL
HEALERS AS A PERMITTED USE, AND SECTION
4.4.9(H) (SPECIAL REGULATIONS) REGARDING
GEOGRAPHICAL LIMITATIONS.
The item before the Board is that Of making a recommendation to the City
Commission regarding amendments to the Land Development
Regulations Section 4.4.9(B) General Commercial (GC), Principal Uses
and Structures Allowed, to allow astrologists, clairvoyants, fortune tellers,
palmists, phrenologists, psychic readers, spiritualists, numerologists and
mental healers as a permitted use, and Section 4.4.9(H) General
Commercial (GC), Special. Regulations, regarding geographical
limitations, pursuant to LDR Section 2.4.5(M).
Pursuant to LDR 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 March 1998, a determination of similarity of use was submitted to the Planning and
Zoning Department to allow psychic readings in the CBD (Central Business District)
zoning district. The use is not listed in any of the City's zoning districts. There is
currently a psychic reading establishment (The Psychic Shop) at 904 S.E. 5th Avenue,
in the GC (General Commercial) zone, which has operated since 1993. The request for
the use determination was subsequently withdrawn, however, due to the lack of clarity
in the code regarding the appropriate location for psychic readers and similar types of
operations, staff is forwarding the subject text amendment to the Board for
consideration.
In June, 1998, a second use determination was submitted to allow psychic readers in
the CBD. The applicant was advised of the pending text amendment but elected to
proceed with his request, which is discussed in a separate staff report.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC
Zoning District
Page 2
LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of 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.
The LDR amendment proposes to allow the use "astrologists, clairvoyants, fortune
tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental
healers" as permitted in the GC zoning district, subject to Iocational restrictions. These
restrictions would not allow the use in the GC-zoned sections of the West Atlantic or
North Federal Highway redevelopment areas. There is also a distance separation
requirement proposed of 300' between uses. The proposed distance separation is
intended to avoid a concentration of such uses in the permitted areas. As provided in
the attached amendment, psychic readers, etc. would be permitted within the GC zone
district along the Federal Highway pairs (N.E. and S.E. 5th and 6th Avenues), between
S.E. 3rd Street and S.E. 10th Street, and between N.E. 4th Street and N.E. 7th Street.
The Psychic Shop is located within the proposed geographical area, and will therefore
not be affected by this amendment.
The GC district is the most flexible of the City's business/commercial zones. It allows a
broad range of permitted and conditional uses, and imposes very little in the way of
development standards (i.e. minimum site size, building size, etc.). It is primarily
located along high volume arterial roadways. As part of the research conducted for this
amendment, a number of municipalities in the area were contacted including Lake
Worth, Boca Raton, Riviera Beach, West Palm Beach, Palm Beach County, and Ft.
Lauderdale, regarding zoning districts in which they allow psychic readers, spiritualists,
etc. The majority permit the use in their general commercial districts.
Other commercial districts were considered by staff during the preparation of the
amendment but were subsequently rejected. The PC (Planned Commercial) zone
allows many of the same uses as the GC district, however, it is intended to be applied
to large sites which are to be developed in a coordinated, well-planned fashion, and
which generally involve much larger tenants than the typical psychic reading business.
The NC (Neighborhood Commercial) district is intended primarily to provide locations
for limited goods and services to be made available to adjacent residential areas as a
convenience. Psychic readings is a very specialized service which would tend to draw
clients from a citywide or regional area.
In terms of the Iocational restrictions provided in the amendment, which would exclude
the use from the redevelopment areas, the basis is provided in the applicable
Comprehensive Plan policies for those areas (Future Land Use Element Policy C-1.4
for North Federal Highway and C-1.5 for West Atlantic Avenue). Policy C-1.5 refers to
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC
Zoning District
Page 3
the West Atlantic Avenue Redevelopment Plan, which was adopted by the City
Commission on July 11, 1995. Subsequent to its adoption, LDR amendments were
processed which prohibited many of the GC uses that were allowed elsewhere from
being established in the redevelopment area. While the plan for North Federal Highway
has not yet been adopted, the applicable Comprehensive Plan policy states that it will
address economic stimulation and revitalization of the area, and "the elimination of
inappropriate and marginal uses". Similarly, the Comprehensive Plan policies regarding
the City's Central Business District (CBD) refer to the need to have an appropriate mix
of uses as part of an economic development strategy. The types of businesses desired
for these areas are those which will generate significant job growth and pedestrian
traffic, and which will complement other uses within the area (i.e. restaurants, retail,
office).
Courtesy Notices:
A special courtesy notices was provided to the following civic and homeowner's
associations:
· Beach Properties Association
· Chamber of Commerce
· Delray Merchants Association
· Progressive Residents of Delray (PROD)
· President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed text amendment will specifically list astrologists, clairvoyants, fortune
tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental
healers as permitted uses in the GC zoning district. Special regulations are proposed
within the GC zoning district to limit the uses to certain geographical areas, and
limitations are proposed to prevent large concentrations of the use within the
designated areas.
P & Z Board Memorandum Staff Report
LDR Text Amendment o Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC
Zoning District
Page 4
By motion, recommend to the City Commission approval of a text amendment to LDR
Section 4.4.9(B) General Commercial (GC), Principal Uses a.n.d Structures Allowed to
allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers as a permitted use, and LDR Section
4.4.9(H) General Commercial (GC), Special Regulations, to provide Iocational
restrictions, based upon positive findings with LDR Section 2.4.5(M).
Attachment:
Proposed Ordinance
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~h2~IAGER,~
SUBJECT: AGENDA ITEM # 10~ - REGULAR MEETING OF AUGUST 4, 1998
ORDINANCE NO. 28-98 (OCCUPATIONAL LICENSE FEES)
DATE: JULY 30, 1998
This is second reading and a public hearing for Ordinance No.
28-98 which amends Chapter 110, "Occupational Licenses Generally",
Section 110.15, "License Tax Schedule", of the City Code to
provide for a four percent (4%) increase in all occupational
license tax fees effective October 1, 1998.
In 1993, the Legislature amended Chapter 205 of the Florida
Statutes with the passage of SB 364. This bill provided an
opportunity for municipalities and counties to reclassify
businesses, professions and occupations and revise rate structures
if certain conditions were met by October 1, 1995. In compliance
with these conditions, the City Commission appointed an Equity
Study Commission to review and make recommendations on our license
tax fee structure, and subsequently enacted the recommended
changes to Chapter 110 with the adoption of Ordinance No. 35-95 on
July 11, 1995.
The amendments to Chapter 205 also established authority for
governments to increase license taxes every other year by up to
five percent (5%). The occupational license fees currently in
effect were adopted in 1995. The proposed increase under
Ordinance No. 28-98 is the first increase since that time. A
majority of the classifications are assessed a flat fee of $125
which will be increased to $130.00. All exceptions are detailed
under Section 110.15.
At first reading on July 21, 1998, the Commission passed the
ordinance by a unanimous vote.
Recommend approval of Ordinance No. 28-98 on second and final
reading.
ref:agmemol0
ORDINANCE NO. 28-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
"OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15,
"LICENSE TAX SCHEDULE" OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA~ BEACH, TO PROVIDE FOR AN
INCREASE IN OCCUPATIONAL LICENSE FEES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 110, "Occupational Licenses Generally",
Section 110.15, "License Tax Schedule", of the City Code establishes
the individual license tax required to be paid annually to the City
by the persons engaging in or managing or transacting an occupation
or profession; and
WHEREAS, pursuant to Chapter 205, Florida Statutes, the
City Commission has determined it to be appropriate to increase said
occupational license fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.15, "License Tax
Schedule", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 110.15 LICENSE TAX SC"rU~DULE.
The following enumerated individual license tax shall be
paid to the City by the persons engaging in or managing or
transacting the several occupations or professions named yearly,
unless otherwise specified:
Classification All Fees ~/~ $130.00, except as noted
ABSTRACTING
Land title, warranty or security company.
Each individual conducting the business
of abstracting title, either in part or
in whole, shall pay a license tax.
ACADEMY OF MUSIC
ADULT ENTERTAINMENT
ADVERTISING
Agencies, firms, associations, corporations
or other persons distributing circulars,
pamphlets or other advertising matter,
except local merchants and theaters
advertising in this way their own goods
and merchandise, shall pay an annual
license tax.
ADVERTISING
Agencies engaged in the business of bill
posting shall pay a license tax, per year.
ADVERTISING OFFICE, PUBLIC RELATIONS
ALLEYS, BOWLING, BOXBALT. or TENPINS
Each lane $ ~/~ 20.80
AMB~CES
Separate from undertaking, each ~/~ 72.80
AMUSEMENT PARLORS OR CONCERT HALLS
APARTMENT, ROOMING HOUSES
Per room, excluding kitchen & bathrooms ~/~ 5.20
AQUARIUM
ARMORED CAR SERVICE
Each vehicle ~9/99 72.80
ART (1) Art studio, workshop, classes
(2) Artist, commercial
(3) Artist material or supplies (See MERCHANTS)
(4) Artists' outdoor sale:
Each sale, first day ~/~ 31.20
Each day thereafter ~.~/~ 10.40
ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TETJ.RRS,
PALMISTS, PHRENOLOGISTS, SPIRITUALISTS,
NUMERO~ISTS AND MENTAL HEAT.RRS
These activities and others of a similar
nature, whether or not in connection with
another business, charging fees, shall pay
a license tax.
AThLeTIC CLUB, GYMNASIUM
(Zoning)
- 2 - Ord. No. 28-98
AUCTI(H~, REAL ESTATE
Per day
AUTO~%TIC AMUSEMENT MACHINES, GAMES OR
DEVICES, DISTRIBUTOR Annual fee
Note: It is understood that this shall
not be construed to license or permit
operation or display of gambling devices.
AUTOMATIC GAMES AND DEVICES
or otherwise, marble games, such as
throwing balls at figures and the like,
which are not elsewhere provided for in
this chapter.
Each machine or apparatus ~9/99 52.00
AUTOMATIC TRADE MACHINES
Where only incentive to operate same is to
procure such as gum, nuts and the like
Each machine ~/~ 31.20
Distributor %~/~ 130 00
AUTOMATIC WEIGHING MACHINES DISTRIBUTOR
Each machine ~9/~9 10.40
AUT0~K)BILW. OR MOTOR VEHICLES, TRUCKS, FARM
~RS AND FARM IMPr.RMENTS, MOTORCYCLRS
(1) Auto agency or dealer, in new or
used cars, motor vehicles, motorcycles,
trucks, farm tractors and farm implements,
with one principal place of business, not
to exceed one lot for display purposes,
each agency, not to include repairs.
(2) Each additional display lot.
(3) Rental of vehicle not to exceed 30 days
as replacement for vehicles undergoing
repairs by agency.
- 3 - Ord. No. 28-98
AUTOMOB I T .R
(1)Automatic car wash, not in connection
with other business
(2) Automobile association (See INSURANCE)
(3) Driving school
(4) Parking lots, commercial, each lot
(5) Repair shop or garage, in connection
with auto agency
(6) Repair shop or garage not in
connection with other business
(7) Self-serve car wash, first unit ~/~ 41.60
Each additional unit ~ 10.40
(8) U-Drive rentals
(9) Upholstering, tops, seat covers
and the like
(10) Automobile used parts, dealers in,
used for purposes other than junk
(11) Wrecker service, towing
(12) Auto detailing
AUTOMOBIT.R SERVICE STATION
Washing and polishing, greasing, lubricating
and like servicing of automobiles, selling
gasoline and oil, but not to include repair
work and not to include the sale of
merchandise required to be licensed otherwise
by ordinance under MERCHANTS.
AUTOMOBIT~ SERVICE STATION
Selling merchandise other than petroleum
products used in greasing and lubricating,
shall pay the MERCHANTS license on other
merchandise in addition to the foregoing.
- 4 - Ord. No. 28-98
BABY SITTER SERVICE ~/~ 62.40
BAGGAGE OR FREIGHT TRANSFER COMPANY
BAKERY
Wholesale and retail, each store
RAT.L ROOMS FOR PROFIT
~ (National and state chartered),
SAVINGS AND LOAN ASSOCIATIONS (per
Section 5219 Revised Statutes 12 U.S.C. 548)
BANKRUPTCY, CLOSING OUT, TRUSTEE
(See FIRE S~T.R)
BARBER SHOPS
BEACH EQUIPMENT
(Subject to bids to the Commission)
BEAUTY SHOPS
BIBLE, HOLY - SOLICITORS
BICYCLE SHOP, both retail and repair
BILLIARD, POOL OR BAGATELLR TABLES
For profit, each table ~/~ 52.00
BIRDS
Dealers
BLUEPRINTING SERVICE
Maps, plats and the like
BOAT AGENCIES, NEW/USED
Each lot, not to include repairs
BOATS FOR HIRE
Fishing, cruising or sightseeing (each boat)
BOAT HOUSES
Storage only
BOAT MARINAS, DOCKAGE, YACHT BASINS
BOAT REPAIR
- 5 - Ord. No. 28-98
BOILER, MACHINE SHOPS OR FOUNDRIES
BONDSMAN, BAIL BONDS
BOOK, MAGAZINE SOLICITORS
Per week ~/~ 52.00
Per person ~/99 20.80
Interstate commerce No fee
BOOK~W~PER/ACCOUNTANT, not C. P.A.
BOOT AND SHOE REPAIR SHOP
BOTTLING WORKS
BROKERS
Stocks, bonds, mortgages, customs and others
BUILDING INSPECTOR
BUILDING AND LOAN ASSOCIATIONS (See BANKS)
BURGLAR ALARM COMPANY
BUS STATION, intrastate business only
BUSINESS COLLEGE, TRADE SCHOOLS
BUSINESS OFFICE
BUTCHER SHOP
CABINET SHOP
CARPET AND RUG ~.RANING
Each location
Fixed base or mobile, each truck ~9/99 52.00
CER;t~IC STUDIO
CHEMICAL COMPANIES
CHRISTMAS TREE SAT.]~S
Season only, each lot
CITRUS FRUITS AND VEGETABT.R RETAIL (See MERCHANT)
- 6 - Ord. No. 28-98
CLAIM AND COLLECTING AGENCIES
CLEANING, PRESSING, DYEING (See LAUNDRIES)
CLOTHING
Secondhand dealers
COLD DRINK STAND (See MERCHANT)
COLD STORAGE
Ail types
COMMISSION MERCHANTS
Handling shipments (other than
specifically provided for herein)
on a commission basis
COMPUTER SERVICE
CONCRETE PRODUCTS (See MANUFACTURER)
CONCRETE READY-MIX PLANT
CONTRACI~RS
(1) General
(2) Engineering contractor (includes bridge,
bulkheading, drainage, excavating, sewer
construction, dredging, irrigation systems,
pile driving, seawalls, sidewalk, street
grading and paving and similar contract work
(3) Structural and reinforced iron and steel
(4) Subcontractors and others as listed:
Concrete, stone, brick
Electrical
Heating and ventilating
House movers
Masons
Plasterers
Roofing
Sheetmetal and tinsmith
Septic tank
Tile
- 7 - Ord. No. 28-98
Well drilling
Floor sanding and finishing
Lathers
Plumbers
(5) Any person who shall accept orders to be engaged in the
business of accepting orders or contracts on cost plus,
fixed fee, stated sum, percentage basis or any
combination thereof, or for compensation other than
wages for doing work on or in any building or structure
requiring the use of paint, stone, brick, mortar,
cement, wood, structural steel or iron, sheet iron,
metallic piping, tin, lead or any other building
material; or to do any paving or curbing on sidewalks
or streets, on public or private property, using
asphalt, brick, stone, cement or wood or any
combination; or to excavate for foundations or any
other purpose, or to construct sewers, septic tanks,
docks, drive piling, construct bridges, construct
seawalls and bulkheads of any and all description; and
who is engaged in the business of building, remodeling,
repairing, razing or moving, whether it be by contract,
fixed fee or sublet, percentage or any combination
thereof, or for compensation other than wages, shall be
deemed to be a contractor within the meaning of this
chapter.
CONVAT~SCENT HOME (not sanitarium)
Ch. 400, Florida Statutes, zoning, State
Department of Health and Rehabilitative
Services regulations
COSTUME, CLOTHING RENTAL
CRRDIT BUREAUS
DAIRIES (milk distributors, jobbers or
creameries delivering milk)
Each truck ~/~ 72.80
DANCEHATJ,S
DANCING SCHOOLS
DATA PROCESSING (See PROFESSIONAL)
- 8 - Ord. No. 28-98
DE~T.~S IN SECONDHAND FIREARMS
This license shall be exclusive of all other
license taxes. All secondhand dealers shall
keep a permanent record of all purchases and
sales, including dates, description of property
purchased or sold, names and addresses of persons
purchasing or selling them.
DELICATESSEN
DENTAL SUPPLIES
DENTAL TECHNICIAN LABORATORY
DEPARTMENT STORES (See MERCHANTS)
i. DETECTIVE AGENCY
il Each location (state certificate)
:i DISTRIBUTOR
DOG AND PET GROOMING
Sale of supplies, see MERCHANTS
DRESSMAKING, HEMSTITCHING (no stock carried)
i! DRUGS, retail dealer (See MERC~%NTS)
DRY CLRANING (See LAUNDRIES)
EMIGRANT AGENTS
Including any agent, solicitor or recruiter
engaged in the business of hiring, enticing
or soliciting laborers or emigrants.
EMPLOYMENT AGENCIES
ENGRAVERS OR LITHOGRAPHERS
EXPORT OR IMPORT COMPANIES
EXPRESS COMPANIES (Intrastate only)
EXTERMINATORS (state certificate)
- 9 - Ord. No. 28-98
FERTILIZER MANUFA~ - MIXING PLANT
FIRE EXTINGUISHER S~T.RS, SERVICE
FIRE AND WRECK S~T.RS
(When not conducted by bona fide business
concerns previously established and doing
business in the City), of undamaged goods
of that firm having damage by fire or
wreck, each sale.
FISH OR POULTRY MARKET
FISH PEDDLER (See PEDDLERS OF MERCHANDISE)
FISHING TAC~,R (See MERCHANTS)
FISHING TACFLR OR GUN REPAIR
FLORISTS OR DEAT.~q~S IN FLOWERS, Each
FOOD LOCKERS - COLD STORAGE
FRUIT, VEGETABLE STAND
FUMIGATING (See EXTERMINATORS)
FURNITURE AND HOUSE FURNISHING (See MERCHANTS)
GAS COMPANIES
(1) Distributing and selling gas
through pipelines
(2) Selling bottled gas
(3) Gas tank wagon delivery only
GASOLINE AND OIL DISTRIBUTORS
Wholesale, storage facilities in the City
GOLF COURSES, Each
GOLF DRIVING RANGE, Each
GOLF, MINIATURE, Each
GUARANTY OR SURETY TITLR COMPANIES
GUARD, PATROL SERVICE (See DETECTIVE AGENCY)
- 10 - Ord. No. 28-98
GUNS, sales or repair
Need Federal firearms dealers license
HARNESS AND SADDLERY (See MERCHANTS)
HOME OCCUPATION
HOTELS
Per room, excluding kitchens and bathrooms ~/~ 5.20
HYPNOTISTS
Must meet requirements set forth in
F.S. Chapter 456
ICE CREAMMANUFACTURERS
ICE CREAMPARLORS
ICE CREAM WAGON OR TRUCK, Each %~9/~9 104.00
ICE MANUFA~ING OR STORAGE
INSECTICIDE
Manufacturers or dealers
INSTATJ.RRS, CARPETS
INSURANCE ADJUS~
INSURANCE AGENCY
For each company represented
INSURANCE
Baggage, each company represented
INSURANCE
Casualty, life, hospitalization,
industrial, burial, bonding and
surety companies, each
IMPORT, EXPORT (See EXPORT)
- 11 - Ord. No. 28-98
Ilfl'gl[IOR DECORATOR
I~ AND HOSPITAL SUPPLIES
JEW~I .RY
Dealers buying and selling old gold, silver and other
precious metals, or offer to buy and sell (permanent records
of all purchases and sales, including dates, description of
property purchased and sold, names and addresses of persons
purchasing or selling required).
JEWELRY REPAIR
JEWRLR¥ STORE (See MERCHANTS)
JUNK SHOPS OR DEAr.W. RS
License required whether or not sale or purchase or both, or
solicitations are made.
KENNELS, ANIMAL (approved location)
~ SHOP, LOCKSMITH AND ASSOCIATED SERVICES (See MERCHANTS)
KNIFE, SCISSORS AND TOOL SHARP~
LANDS~E COMPANY
LAUNDH¥ OR DRY Cr,~.~TNG PLANT
Agen~ for ou~ o~ ko~ ~aundries
~cal agency, permanenk o~ice
Self-se~ice
SPAYING
State Board of Health certificate
LI~ OR D~ S~~
FI~CE, MOR~GE ~~
L~
L~ ST~S, not over 25 chairs
- 12 - Ord. No. 28-98
MACHINE SHOPS (not automobile)
MAIL ORDER BUSINESS
MAINTENANCE (Floor, home, office, building)
MANICURIST, Each ~/~ 62.40
MANUFACTURER
MARBLE AND GRANITE WORKS
MASSAGE SALON
MASSEUR, MASSEUSE, Each 6~/~ 62.40
MEATS (See BUTCheR SHOP)
MERCHANDISE, Secondhand (See SECONDHAND DF2~T.RRS)
MERCHANTS, DRUGGISTS AND STOREKEEPERS
MESSENGER SERVICE (exclusive of telegrams)
MIMEOGRAPH AND LETTER SHOP
MONUMENTS AND TOMBSTONES
MOTION PICTURE THEATERS
Giving performances of moving pictures or other forms
of entertainment
MOVES (See STOOGE)
MOVING COMPANY
MUSICAL DEVICES
Operator of mechanically operated (whether operated in
connection with or separate from any other business)
License or tag must be displayed on each machine.
MUSICAL DEVICES, Distributor
MUSIC TEACHERS
NAILS, ACRYLIC SHOPS (State Certificate)
NEWSPAPER PUBLISHER
~ 13 - Ord. No. 28-98
NEWS COMPANIES, owners or managers of
NEWSSTANDS
Owners or managers of, where daily and weekly newspapers
or magazines, postcards and the like are sold.
NIGHTCLUBS
Restaurants, dining rooms or other establishments, whether
floor show or other form of entertainment, exclusive of
orchestra, is provided for guests.
NOVELTY WOP~KS (See MANUFACTURER)
NURSOY
Shrubs, trees, plants or landscaping
NURSING HOME (See CONVAT~SCENTHOME)
OFFICE MACHINEREPAIRS (See REPAIR SHOP)
OIL (See GASOLINE)
PAINT MANUFACTURER (See MANUFACTURER)
PARCEL DELIVERY
Each vehicle 6~/~9 62.40
PAWNBROKERS
PEDDLRRS OF MERCHANDISE
(1) Not otherwise enumerated specifically
herein, shall pay a license tax per
day of, each person ~9/~ 20.80
(2) Peddlers who are not producers of
the product they sell and who peddle
from house to house the products of
the farm, grove or waters, shall pay
a license tax per day of, each person ~9/~ 20.80
~ - 14 - Ord. No. 28-98
(3) Peddlers, hawkers or vendors engaged
in the occupation of selling products
such as fruit, eggs and vegetables and
farm products from wagon, push cart or
other vehicle, shall pay a license tax
of, each vehicle ~/~ 130.00
(This provision in respect to product
shall not apply to persons selling
products of own farm.)
(4) Peddlers, hawkers, vendors, agents or
solicitors soliciting business for
out-of-town business houses or
enterprises not maintaining place of
business in City, providing however that
this provision does not apply to
wholesalers dealing exclusively with
retailers ~/~ 130.00
(5) Traveling stores, dry goods, groceries,
clothing, boots and shoes ~/~9 130.00
PET SHOP OR GROOMING (See DOG AND PET GROOMING)
PHOTO PHOCESSING, FILM DEVELOPING
PHO~RS
PIANO TIH~ERS
PLATIN~ WITH METALS
PORTABLE TOILETS
POSTCAPJ) STANDS, only
POTATO CHIPS (See MANUFACTURER)
PRINT S~K)P OR PUBLISHING
PRIVATE POSTAL MAILBOX
PRIVATE SCHOOLS (See SCHOOLS)
- 15 - Ord. No. 28-98
PROFESSIONAL
(1) The following practitioners are classed as
professional, and each person engaged in the practice
of this profession other than persons receiving only a
salary or wage by a licensed practitioner in this City,
is required to take out a professional license:
Accountants and auditors
Architects
Architects, landscaping
Attorneys and lawyers
Business consultant
Chemists
Chiropractors
Chiropodists
Data processing
Dentist
Draftsman
Engineers, civil, consulting
Interior Design
Opticians
Optometrists
Osteopathic physicians
Physicians
Psychiatrists
Research laboratory or office, for profit
Surgeons
Tax consultant
Veterinarians or veterinary
Other professions not classified
(2) For each person operating with the person licensed in
the preceding clause, other than the professional
employees.
PROPERTY MANAG~
PROMOTERS
Entertainment, sports or contests
PUBLIC H~LT. FOR HIRE
PUBLIC STENOGRAPHER
PUBLISHING COMPANY
Books, directories and the like
- 16 - Ord. No. 28-98
RADIO COMMUNICATIONS
RADIO REPAIR SHOP (See REPAIR SHOPS)
RAILROAD COMPANIES, each
REAL ESTATE AGENCY OR BROKER
RECORDING STUDIO
REDUCING SALON
RENTAL EQUIPMENT, all types
REPAIR SHOPS, each
REPAIRS FROM TRUCK OR OTHER VEHICLE
RESTAURANTS (If dancing permitted, see NIGHT CLUBS)
Cafes and public eating places (whether food is served in
connection with or separate from other business, except
dining rooms in connection with hotels)
RETIREMENT, REST HOME (See CONVALw. SCENT HOME)
RINKS, bicycle, skating or other
ROOF TRUSSES (See MANUFACTURER)
SAWMILL YARD
SCHOOLS
SECONDHAND DEALERS
(1) In goods, wares and merchandise, secondhand or
otherwise, known as secondhand dealers exclusive of
firearms. (See DEALERS IN SECONDHAND FIREARMS and
SECONDHAND CLOTHING)
(2) All secondhand dealers shall keep a permanent record of
all purchases and sales, including dates, description
of property purchased and sold, names and addresses of
persons purchasing or selling them.
- 17 - Ord. No. 28-98
(3) However, the business shall be adequately housed inside a
substantial store building and provided that before any
person shall sell or be engaged in the business of selling
goods, wares, merchandise or other personal property, the
sales being advertised as bankrupt, insolvent, insurance,
assignee, trustee, auction, syndicate, railroad or other
wreck, wholesale, manufacturer's or closeout sale, or as
goods damaged by smoke, fire, water or otherwise, the
person shall file an application with the Commission, which
application shall be passed on by the Commission and a
license tax paid.
SECRETARIAL SERVICE
SEED STORES, wholesale and retail (See MERCHANTS)
SHIP BROKERS
SHOEMAKER AND REPAIRS
SHOOTING GAT.T.RRY
SI~N PAINTERS
Commercial but not erecting
SODA OR MINERAL WATER FOUNTAINS
SOLICITOR (See PEDDLERS OF MERCHANDISE)
SPORTING GOODS (See MERCHANTS)
STAMP OR OLD COIN DEAT.RR
TAILORS
TANNING SALON
TATTOO SALON
TAX AGENCY (See PROFESSIONAL)
TAXIDERMIST, or agents for
In addition to other license
- 18 - Ord. No. 28-98
TAXIS
First vehicle ~/~ 104.00
Each additional vehicle ~/~ 52 00
TELEGRAPH COMPANIES
~ING
TELEPHONE ANSWERING SERVICE
TELEPHONE SOLICITATION
(See Sections 118.40 through 118.45)
TELEPHONE SYSTEMS AND COMPANIES
Intrastate business only
TEMPORARY BUSINESS LICENSES
(1) Business temporarily located inside
enclosed shopping mall; 30 days
only (no extensions) 6~/~ 62.40
(2) Special events, no more than once
annually (if under three days), as
approved by Commission (each license,
not otherwise enumerated herein) No fee
(3) Special events, no more than once
annually (in excess of three days), as
approved by Commission (each license,
not otherwise enumerated herein) ~/~ .62.40
TEMPORARY HOLIDAY/VENDORS ~ ~ / ~ ~ 62.40
TERMITE CONTROL COMPANIES
THEATRICAL DIRECTORS
Who charge for services in directing local talent plays or
performances, each performance
THEATRICAL OR DRAMATIC GROUPS OR COMPANIES
For profit, where performance is not given in local,
licensed theater, each performance
TOWEL, DIAPER, UNIFORM SUPPLY COMPANY
TOWING SERVICE (See AUTOMOBILE)
- 19 - Ord. No. 28-98
TRAILRR PARK
PR~ (must have insurance)
Motor driven, also doing freight transportation, hauling or
transfer business for profit, except where other 1 icenses
are paid in conductin~ business, each.
(Does not apply to trucks o~ed by the city, county or
state)
U-DRIP-IT ~ (See A~MOBII.R)
~T~, ~S ~ ~~ DI~O~
~I~ ~PLY (See TO~L, DI~, ~IFO~ S~PLY CO~)
~HOLS~
VENDING MACHINES (See AUTOMATIC TRADE MACHINES)
VENETIAN BLINDS
Repair, installation and associated services
VULCANIZING
Each place of business
WATCH REPAIR
WATER, sold in bottles (See BOTTLING WORKS)
WATER COMPANIES
Persons operating same
WATER SOFTENING SERVICE
WEIGHT CLINIC
- 20 - Ord. No. 28-98
WEIGHING MACHINES (See AUTOMATIC TRADE MACHINES)
WJ4R~AIR RENTAL (See INVALID)
WINDOW CLEANING
WINDOW TINTING
WOOD XARD
WRECKER SERVICE (See AUTOMOBILE)
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 the occupational license tax increases
enumerated in Section 1, above, shall become effective October 1,
1998.
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 4th day of Au. gust , 1998.
' City C~erk '
First Reading July 21, 1998
Second Reading August 4, 1998
- 21 - Ord. No. 28-98
TO: DAVID T. HARDEN,
CITY MANAGER
FROM: PAUL DORLIN ,(~J~CTING DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 4, 1998
APPROVAL OF AN AMENDMENT TO LAND DEVELOPMENT
REGULATIONS SECTION 5.3.1(D), RIGHT-OF-WAY DIMENSIONS
** FIRST READING **
At its meeting of June 2nd, City Commission reviewed recommended changes to
LDR Section 5.3.1(D)(4), as shown in the attached staff report. The Commission
did not support the changes as written, and denied the related ordinance. The
Commission directed staff to modify the changes to allow right-of-way reductions
to be approved administratively by the City Engineer only in those developments
having existing streets. Where new streets are created, right-of-way reductions
will continue to require the approval of the body having approval authority of the
associated development application (P&Z Board, SPRAB, etc.).
The Planning and Zoning Board considered this item at a public hearing held on
July 20, 1998. There was no public testimony. After consideration, the Board
recommended (7-0)that the City Commission amend LDR Section 5.3.1(D) as
shown in the staff report.
By motion, approve the attached amendment to LDR Section 5.3.1(D) [Right-of-
Way Dimensions] on first reading, based on positive findings with respect to LDR
Section 2.4.5(M)(5).
ORDINANCE NO. 29-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 5.3.1,
"STREETS (RIGHTS-OF-WAY) " SUBSECTION 5 3 1 (D) ,
"RIGHT-OF-WAY DIMENSIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
THAT REQUESTS FOR A REDUCTION OF RIGHT-OF-WAY WIDTH
REQUIRED FOR EXISTING STREETS SHALL BE UNDER THE
ADMINISTRATIVE AUTHORITY OF THE CITY ENGINEER;
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 July 20, 1998, and voted unanimously to recommend that it be
approved; 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 Five "Subdivision Regulations"
Article 5.3, "Dedication and Impact Requirements", Section 5.3.1,
"Streets (Rights-of-Way)", Subsection 5.3.1 (D), "Right-of-Way
Dimensions", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Right-of-Way Dimensions:
(1) Right-of-way shall be provided for Principal
Arterials and Minor Arterials as shown for ultimate right-of-way
width in Table ~ T-1 of the ~f~ Transportation Element of the
Comprehensive Plan.
(2) The following right-of-way width is required for
the category of other streets as identified, except as otherwise
provided in the Table T~ T-1 of the T~ff~ Transportation Element:
STREET TYPE WIDTH IN FEET
County Collector 80
City Collector 80
Local Commercial /
Industrial Street 60
Local Residential Street - Without Curb & Gutter 60
- With Curb & Gutter 50
Alleys 20, or existing
dominant width
(3) Additional Width: Additional right-of-way width
may be required to promote public safety and welfare; to provide for
stormwater management; to provide adequate area for street trees; and
to assure adequate access, circulation and parking in high intensity
use areas. Such a determination shall be advanced by a
recommendation from the City Engineer and may be based upon the
results of a traffic study or general knowledge of the City. The
authority for requiring such additional right-of-way shall rest with
the body having the approval authority of the associated development
application.
(4) Reduction in Width: A reduction in the required
right-of-way width established in Subsection (D) (2), above, may be
granted by the body having the approval authority of the associated
development application in developments in which new streets are
created. For existing streets, reductions in right-of-way width may
be granted by the City Engineer~ Reductions in the required
right-of-way width may be granted pursuant to the following:
(a) The reduction is supported by the City
Engineer. Nonsupport by the City Engineer
~ ~L~ may be appealed to the Board of Construction
Appeals.
~~'(b) That requiring full dedication would
constitute a hardship in a particular
instance and that all required improvements
will be provided in a manner which will not
endanger public safety and welfare.
(c) That acceptable, alternative provisions are
made to accommodate features which would
otherwise be accommodated within the
right-of-way (e.g. alternative drainage
systems, alternative pedestrian walkways,
alternative on-street parking, etc.).
- 2 - Ord. No. 29-98
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.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 29-98
City Commission Documentation
Approval of an Amendment to Land Development Regulations Section 5.3.1(D), Right-Of-Way Dimensions
Pas¢ 2
(D) Right-of-Way Dimensions:
(1) Right-of-way shall be provided for Principal Arterials and
Minor Arterials as shown for ultimate right-of-way width in Table T ~. T-1 of the
T.-c~c Transportation Element of the Comprehensive Plan.
(2) The following right-of-way width is required for the category
of other streets as identified, except as otherwise provided in Table :r-..4 T-1 of
the ~ ~ Element:
t ...............
County Collector 80
City Collector 80
Local Commercial/Industrial Street 60
Local Residential Street
· Without Curb and Gutter 60
· With Curb and Gutter 50
Alleys 20, Or Existing Dominant Width
(3) Additional Width: Additional right-of-way width may be
required to promote public safety and welfare; to provide for storm water
management: to provide adequate area for street trees; and, to assure adequate
access, circulation, and parking in high intensity use areas. Such a
determination shall be advanced by a recommendation from the City Engineer
and may be based upon the results of a traffic study or general knowledge of the
City. The authority for requiring such additional right-of-way shall rest with the
body having the approval authority of the associated development application.
(4) Reduction in Width: A reduction in the required right-of-
way width established in Subsection (D)(2), above, may be granted by the body
having the approval authority of the associated development application in
developments in which new streets are created. For existing streets, reductions
in right-of-way width may be granted by the City_ Engineer. Reductions in the
required right-of-way width may be granted pursuant to the following:
(a) The reduction is supported by the City Engineer.
Nonsupport by the City Engineer may be appealed to
the Board of Construction Appeals.
City Commission Documentation
Approval of an Amendment to Land Development Regulations Section 5.3.1(D), Right. Of-Way Dimensions
Page 3
(b) That requiring full dedication would constitute a
hardship in a particular instance and that all required
improvements will be provided in a manner which will
not endanger public safety and welfare.
(c) That acceptable, alternative provisions are made to
accommodate features which would otherwise be
accommodated within the right-of-way e.g. alternative
drainage systems, alternative pedestrian walkways,
alternative on-street parking, etc.