09-22-98 Regular DELRAY BE^C
AII-AmericaCity
SEPTEMBER 22, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 'x
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. ~enerally, 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 TME 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: None
6. Proclamations:
A. OF NOTE:
Recognizing the 20th Anniversary of the Habilitation Center for
the Handicapped - October 1998
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 59-98: Approve a resolution requesting Palm
Beach County to ask the Florida Department of Environmental
Protection, Florida Marine Patrol, to conduct a study to
determine if new or additional speed restrictions are warranted
along the Intracoastal Waterway in the area immediately north
of the Linton Boulevard bridge and extending southward to the
C-15 Canal.
B. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM:
Approve funding subsidies in the total amount of $58,500.00 for
three (3) income eligible applicants under the Delray Beach
Renaissance Program, with funding in the amount of $31,000.00
from 118-1924-554-83.01 (SHIP) and $27,500.00 from 118-1923-
554-83.01 (HOME).
C. LANDSCAPE MAINTENANCE AGREEMENT/HOUSE OF GOD CHURCH: Approve a
landscape maintenance agreement with the House of God Church
located at the southwest corner of N.W. 3rd Avenue and N.W. 1st
Street, wherein the Church shall be allowed to install
landscaping material in the north/south alley right-of-way in
exchange for landscape maintenance by the Church and removal of
the landscaping if at any time the alley is needed by the City
for any public purpose.
Regular Commission Meeting
September 22, 1998
D. AMENDMENT #2 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL
DISTRICT OF PALM BEACH COUNTY: Approve Amendment %2 to the
Center Based Child Care Agreement with the School District of
Palm Beach County which adds language regarding accreditation
criteria, classical music and reading requirements, and
increases the Job Training Partnership Act (JTPA) rates to
equal the Subsidized Child Care rates.
E. REMOVED
F. CHANGE ORDER ~i/AKERBLOM CONTRACTING, INC. (AOUIFER STORAGE AND
RECOVERY FACILITY): Approve Change Order %1 in the amount of
$66,375.10 to Akerblom Contracting, Inc. for the Aquifer
Storage and Recovery Facility project, with funding from
441-5181-536-69.18 (W&S Transmission - Aquifer Storage and
Recovery).
G. REVISED ACCESS EASEMENT AGREEMENT/OCEAN PROPERTIES: Approve a
revised access easement agreement between the City and Ocean
Properties, Ltd. with respect to the public parking lot on the
north side of the Delray Beach Marriott.
H. REMOVED
I. RESOLUTION NO. 60-98: Approve a resolution assessing costs for
abatement action required to remove junked and/or abandoned
vehicles from four properties in the City.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period September 14th through September 18, 1998.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $211,890.00 to Regal
Contractors, Inc. for the construction and installation of
improvements at the Leon M. Weekes Environmental Preserve,
with funding from 117-4169-572-63.40 (Recreation Impact
Fee - Leon Weekes Scrub Park).
9. Regular Agenda:
A. TEMPORARY PARKING LOT/PINEAPPLE TOWN: Consider a request to
establish a temporary parking lot within the Central Business
District at the southeast corner of Pineapple Grove Way and
N.E. 2nd Street associated with a commercial development known
as Pineapple Town.
B. CRA REPAYMENT OF CITY CONTRIBUTIONS TO PINEAPPLE GROVE MAIN
STREET: Review the Community Redevelopment Agency's projected
payback of $90,000 advanced by the City for Pineapple Grove
Main Street and provide direction concerning asking the CRA
Board about the possibility of the CRA assuming future
obligations of repayment for additional City contributions to
Pineapple Grove Main Street.
--3--
Regular Commission Meeting
September 22, 1998
C. CHANGE ORDER $1/DAVID BROOKS ENTERPRISES, INC. (LAKEVIEW GOLF
COURSE CLUBHOUSE): Consider approval of Change Order %1 in the
amount of $26,820.00 and a time extension of 25 calendar days
to David Brooks Enterprises, Inc. for construction of the
Lakeview Golf Course Clubhouse, with funding from
446-4761-572-62.10 (Lakeview Golf Course - Clubhouse
Renovation).
D. CLAIM OF MAURY IVY/SETTLEMENT DEMAND ANDAPPOINTMENT OF OUTSIDE
COUNSEL: Consider a settlement demand and appointment of
outside counsel in the referenced matter as recommended by the
City Attorney.
E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
resident member to the Delray Beach Housing Authority to a four
year term ending July 14, 2002. The appointment will be made
by Commissioner Egan.
F. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a regular
member to the Board of Adjustment to fill an unexpired term
ending August 31, 2000. The appointment will be made by
Commissioner Schmidt.
10. Public Hearings:
A. RESOLUTION NO. 61-98: A resolution levying a tax on all
properties within the City of Delray Beach for maintenance and
operation, and for payment of principal and interest on bonded
indebtedness, for FY 1999.
B. RESOLUTION NO. 62-98: A resolution levying a tax on all
properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 1999.
C. RESOLUTION NO. 63-98: A resolution making appropriations of
sums of money for all necessary expenditures of the City of
Delray Beach for the period October 1, 1998 through September
30, 1999.
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept
the Planning and Zoning Board's finding that the proposed
Capital Improvement Plan and Capital Improvement Budget
are consistent with the Comprehensive Plan, and approve
same.
D. ORDINANCE NO. 33-98: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code by amending Section
51.70, "Regular Charges Levied", to provide for new and
increased residential service, multi-family and commercial
collection services rates for FY 1999.
-4-
Regular Commission Meeting
September 22, 1998
1. AMENDMENT NO. 5 TO BFI CONTRACT: Consider approval of
Amendment No. 5 to the Solid Waste and Recycling
Collection Franchise Agreement dated August 8, 1996, with
BFI Waste Systems of North America, Inc.
E. ORDINANCE NO. 37-98 (FIRST READINa/FIRST PUBLIC HEARINa): An
ordinance amending LDR Section 4.4.13, "Central Business
District", Subsection 4.4.13(C), "Accessory Uses and Structures
Permitted", to allow Astrologists, Clairvoyants, Fortune
Tellers, Palmists, Phrenologists, Psychic Readers,
Spiritualists, Numerologists and Mental Healers as an accessory
use to Book Stores, Antique Shops, Gifts Shops, Music Stores,
and Arts and Crafts Shops, subject to certain special
provisions. If passed, second reading and a second public
hearing will be scheduled for October 6, 1998.
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. 38-98: An ordinance amending Section 113.20,
"Prohibition of Nudity, Partial Nudity, Sexual Conduct at
Alcoholic Beverage Establishments", of the City Code by
amending Subsection 113.20(A), "Definitions", to provide an
amended definition for "Alcoholic Beverage Establishment". If
passed, a public hearing will be scheduled for October 6, 1998.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
.'. WHEREAS, the Habilitation Center for the
, Handicapped, Inc. proudly celebrates its 20th Anniversary
during the month of October, 1998; and
WHEREAS, the Habilitation Center for the
Handicapped has distinguished itself over the past two decades
by providing the highest quality vocational training programs
and related support services to men and women with
developmental disabilities and mental illness; and
WHEREAS, the concern and support of the City of
Delray Beach and its residents have contributed significantly
to the success of the Habilitation Center for the Handicapped
and the growth and progress of its adults with disabilities;
and
WHEREAS, countless volunteers have contributed
their time, energy and talents during the past twenty years to
further the vital mission of the Habilitation Center for the
Handicapped and to enrich and brighten the lives of persons
with disabilities.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim October 1998, as
"HABILITATION CENTER FOR THE HANDICAPPED 20th ANNIVERSARY RECOGNITION MONTH"
in Delray Beach, Florida, and urge all residents to recognize
this month as a celebration of twenty years of dedicated and
meritorious service by the Habilitation Center for the
Handicapped to those with developmental disabilities and
mental illness in our community.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 22nd day of September, 1998.
MAYOR
JAY ALPERIN
SEAL
MIiI~.'~'I%ON R~ ~.l ~4N~ ~iF'~4s TEL:l-SL--,1-2-43-'_'$6~ '!'eF, lO,gE; 15:45 N,D.O04 F'.O1
SAMPLE ~R_O~LA~ATXON
WHEREAS, the Habilitation Cente~ for the Handicapped, Inc.
proudly celebrates its 20th Anniversary during the month of October
1998; and
WHEREAS, the Habilitation Center for the H&ndicapped has'
distinguished itself over the past two deaades by providing the
highest ~uslity vocational training progrmms and related support
servioe~ to men and women with developmental disabilities and mental
illness; and
WHEREAS, the concern an~ support of ~he (munioim_~
and its residents have contribmted signifioant~y to the success of
the ~ab*litati~n Center ~or the Handicapped and the growth
progress of its adults with disabilities; and
,WHEREA~, oO%U~tless volunteers have contributed their time,
and brighten the lives o~ per~ons with disabilities.
NOW, THEREFORE, X, .... (n~m~) ,
of (muniet~alitv) , Florida, do hereby proclaim October
1998, as
20TN ANNIVERSARY
in (mun_icipaltt~) , Florida, and urge all residents to
recognize this month as a celebration of twenty years of dedicated
and meritorious service by the Habilit&tion Center ~or the
Handicapped to those with developmental disabilities and mental
illness in our' community.
CITY CLERK N.w.
1993
September 28, 1998
Mr. Robert Weisman
Palm Beach County Administrator
Governmental Center
301 North Olive Avenue
West Palm Beach, FL 33401
Re: Resolution No. 59-98 (Intracoastal Waterway Speed
Restrictions)
Dear Mr. Weisman:
Enclosed for your consideration is a copy of Resolution No. 59-98
asking that the Board of County Commissioners request the State
of Florida Department of Environmental Protection to conduct a
study to determine if new or additional speed restrictions are
warranted along the Intracoastal Waterway in the area immediately
north of the Linton Boulevard bridge in the City of Delray Beach
and extending south to the City limits at the C-15 Canal.
Resolution No. 59-98 was passed and adopted by the Delray Beach
City Commission in regular session on September 22, 1998.
Your serious consideration will be appreciated. If you have any
questions, please do not hesitate to contact me at 561/243-7050.
Sincerely,
Alison MacGreg6r Harry
City Clerk
AMH/m
Enclosure
cc: Richard E. Walesky, Director, PBC DERM David T. Harden, City Manager
Diane Dominguez, Director of Planning & Zoning
Maureen Turner
THE EFFORT ALWAYS MATTERS
~ri~ted o~ Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~'~ REGULAR MEETING OF SEPTEMBER 22, 1998
RESOLUTION NO. 59-98 (INTRACOASTAL WATERWAY SPEED
RESTRICTIONS IN THE AREA OF THE LINTON BOULEVARD BRIDGE
DATE: SEPTEMBER 17, 1998
This resolution is in response to direction from the City
Commission at the September 15th regular meeting. At that time
the Commission considered a request from Ms. Maureen Turner for
assistance with efforts to have the Florida Department of
Environmental Protection install appropriate speed restriction
signage along the Intracoastal Waterway from just north of the
Linton Boulevard bridge south to the C-15 Canal. Ms. Turner is
especially concerned about the threat to public safety from
speeding watercraft as well as the threat they pose to manatees
swimming in the area.
It was the consensus of the City Commission to support a
resolution asking Palm Beach County to request that the Florida
Department of Environmental Protection, through its Florida
Marine Patrol, conduct a study to evaluate the request and see if
new or additional speed restrictions might be warranted in this
area of the Intracoastal Waterway.
Recommend approval of Resolution No. 59-98. Staff will report
back to the City Commission and Ms. Turner upon receipt of a
response.
ref:agmemo7
RESOLUTION NO. 59-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
REQUEST THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION TO CONDUCT A STUDY TO
DETERMINE IF NEW OR ADDITIONAL SPEED RESTRICTIONS
ARE WARRANTED ALONG THE INTRACOASTAL WATERWAY IN
THE AREA IMMEDIATELY NORTH OF THE LINTON BOULEVARD
BRIDGE IN THE CITY OF DELRAY BEACH AND EXTENDING
SOUTH TO THE CITY LIMITS AT THE C-15 CANAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Environmental
Protection established slow and 25 mph speed zones within the
Intracoastal Waterway throughout the City limits; and
WHEREAS, establishment and enforcement of speed
restrictions are under the jurisdiction of the Florida Marine Patrol,
a division of the Florida Department of Environmental Protection; and
WHEREAS, the issue of navigational safety on the
Intracoastal Waterway in the areas immediately north and south of the
Linton Boulevard bridge and extending southward to the C-15 Canal has
been and continues to be an expressed concern of residents of the
City of Delray Beach; and
WHEREAS, immediately south of the Linton Boulevard bridge
on the east side of the waterway there is an intersecting channel
with often heavy boat traffic, as well as the intersecting finger
canals in the Tropic Isle subdivision along the west side of this
expanse of the Intracoastal Waterway; and
WHEREAS, concerns have been raised in large part due to
hazardous situations created by speeding watercraft and the threat to
public safety, including the potential for loss of life due to
reckless disregard of safe boating techniques; and
WHEREAS, of additional concern is the threat posed by
speeding watercraft to manatees, an endangered species, which
congregate in the Intracoastal waters in the areas north and south of
the Linton Boulevard bridge; and
WHEREAS, the Delray Beach Police Department Volunteer
Marine Patrol, which is aware of the problem and attempts to monitor
the situation, recommends the signage be changed to impose stricter
speed restrictions; and
WHEREAS, the Delray Beach City Commission has determined
that it may be in the best interests of public safety and well-being
to establish additional speed restrictions along this portion of the
Intracoastal Waterway within the City limits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That this resolution be forwarded to the Board
of County Commissioners of Palm Beach County, Florida, as a formal
request that due to the hazardous conditions described herein and in
the interests of public safety and well-being, the Palm Beach County
Commission request the Department of Environmental Protection to
investigate the feasibility of enacting new or extended speed
restrictions for the Intracoastal Waterway in the areas immediately
north and south of the Linton Boulevard bridge, extending southward
to the C-15 Canal, in the City of Delray Beach, Florida.
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 22nd day
of September, 1998.
ATTEST:
~City Cl~rk !
i - 2 - Res. No. 59-98
Memorandum
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator
TItRU: Lula Butler, Community Improvement Director ~
DATE: September 16, 1998
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE TIlE COMMISSION
City Commission authorization and approval to issue subsidy to three 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 parmership 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 I, 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 three eligible
applicants of the following property: Lot 15, Block 5, Rosemont Park / $17,500.00
341 SW 6th Avenue / $20,000.00
Lot 32, Delray Manor / $21,000.00
s:\commun~renprg\comagend.doc
J>.~.
AGENDA REQUEST
Request to be placed on: Date: September 16, 1998
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: September 22, 1998
Description of item ·
Authorization and approval to issue subsidy to three eligible applicants under the Delray
Beach Renaissance Program totaling $ 58,500.00
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy award. Funds are to be awarded from the State
Housing Initiatives Partnership Program (SHIP) and Home Investment Partnership
(HOME) funds.
SHIP Total $ 31,000.00 Account # 118-1924-554-83.01
HOME Total $ 27,500.00 Account # 118-1923-554-83.01
Department Head Signature: ~~__~.~3 ~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involvin~ expenditure of funds):
Funding Available: ~NO ~ q ] ,..? )~A
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda~O ~745~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action · Approved/Disapproved
s:\commun~l \cd~renprgm\comagend.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES CENSUS TRACT 68.01
NAME Yolan~la Rolle
PROPERTY ADDRESS XXX SW 6th Avenue. Delray Beach
LEGAL DESCRPTION Lot 15. Block ;5. Rosemont Park
% OF AREA MEDIAN HOUSEHOLD INCOME ;51 # IN HOUSEHOLD 2
COST OF CONSTRUCTION $77.050 COST OF LOT $ 9.000
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 65.000.00 Communi _ty Finance Consortium
RATE 6.50 %
LTV 75.54 %
SECOND MORTGAGE $ 17.500.00 City of Delrav. HOME
$ City_ of Delray. SHIP
$,. CRA of Delray
$ 2.500.00 Housing Authority
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 1.500.00
Paid at closing $ 3.485.00
TOTAL TRANSACTION $ 90.290.00
s :\commun\renprg\suberqst\subrest.doc
~ !0 4 I0 '3 4
~ /.s~6 ¢,c -- --
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO CENSUS TRACT 68.01
NAME Stephanie Thompson
PROPERTY ADDRESS 341 SW 6th Avenue~ Delray Beach
LEGAL DESCRIPTION N 50 ft of the S 100ft of the W 135ft of Block 24.
& N 26ft 0fthe S 126ft of the W l~5ft of Delray Beach. PB 1. P 3
% OF AREA MEDIAN HOUSEHOLD INCOME 62 # IN HOUSEHOLD _22
COST OF CONSTRUCTION $82.250 COST OF LOT $ 8.000
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 63.000.00 Communi .ty Finance Consortium
RATE 6.525 %
LTV 69 %
SECOND MORTGAGE $ 10.000.00 City_ of Delray. HOME
$ 10.000.00 City. of Delray. SHIP
$ CRA of Delray
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 8.000.00 lot equity.
Paid at closing $ 1.358.00
TOTAL TRANSACTION $ 92.663.00
s:\communXrenprg\subrest.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO CENSUS TRACT 68.01
NAME Leon and Brenda Herring, ton
PROPERTY ADDRESS 618 SW 9th Court, Delray Beach
LEGAL DESCRIPTION Lot 32, Delray Manor
% OF AREA MEDIAN HOUSEHOLD INCOME 32 # IN HOUSEHOLD 7
COST OF EXISTING UNIT $67,050 COST OF REHABILITATION $14.878
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 60.300.00 Communi .ty Finance Consortium
RATE 6.80 %
LTV 89 %
SECOND MORTGAGE $ City_ of Delray, HQME
$ 21.000.00 City of Delray, SHIP
$ CRA of Delray
$ 4,000.00 Housing Authority.
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $
Paid atclosing $ 1.137.00
TOTAL TRANSACTION $ 86,742.00
s:\commun~renprg~suberqst~subrest.doc
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AN~)~
FROM: J EF FREY A. COSTELLO, PR, NCIPAL PLAN N ER<:~'~"~
SUBJECT: MEETING OF SEPTEMBER 22, 1998 ***CONSENT ~?(~/~' GENDA***
CONSIDERATION OF A LANDSCAPE MAINTENANCE AGREEMENT
FOR HOUSE OF GOD CHURCH, LOCATED AT THE SOUTHWEST
CORNER OF NW 3RD AVENUE AND NWIsT STREET.
The subject property consists of two unplatted parcels of land within Block 36, Town of
Delray, and consists of 0.35 acres. The property contains an existing 172-seat church
with no parking on the site, which is an existing nonconforming situation, as 54 parking
spaces are required.
At its meeting of February 24, 1997, the Planning and Zoning Board approved a
conditional use modification for the House of God Church, for the conversion of the
existing parsonage to a multi-purpose facility along with 584 sq. ft. of building additions,
construction of a parking lot on the south and west sides of the property. The design of
the proposed parking lot required abandonment of the alley to accommodate required
landscaping (hedges and trees) to screen the parking area. The modification was
approved with the condition that the applicant submit site plan and abandonment
applications with the site design to incorporate the abandoned portion of the alley.
During the site plan modification review, the CRA was in the process of acquiring
property within the block (Block 36) and developing plans for the overall block. The
plans include construction of a paver block walkway within the alleyway, with decorative
lights and landscaping similar to that existing within Block 60, across from (east of) the
tennis center. For this reason, they did not support the church's petition to abandon the
alley. The parking lot could be designed in a manner that would not require any use of
the alley right-of-way; however, it would then accommodate only 12 rather than 23
spaces, where technically 54 spaces are required. An alternative is to allow installation
of the required landscaping associated with the parking lot to encroach within the alley
right-of-way. In order to permit the landscaping to encroach within the public right-of-
way, a landscape maintenance agreement must be executed.
At its meeting of May 20, 1998, the Historic Preservation Board approved the site plan
modification and a landscape waiver to allow the landscaping to encroach into the right-
of-way. A condition of approval was that a landscape maintenance agreement be
executed. The landscape maintenance agreement has been reviewed by the City
Attorney's office for legal sufficiency and form.
Approve the landscape maintenance agreement for House of God Church.
Attachment: Site Plan
[lTV DF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE ~oo
DELRAY BE^CH
~ MEMORANDUM
Ali. America City
,,,,,,....-
TO: City Commission __~
FROM Brian Shutt, Assistant City Attorney
SUBJECT: Landscape_ Maintenance Agreemenh House of God Church
This Agreement provides that the ttouse of God Church may place required landscaping in
the alley adjacent to its property in order to provide parking spaces on the property. The
House of God Church is located on the corner ofN.W. 1st Street and N.W. 3rd Avenue.
The Agreement provides that the House of God Church shall maintain the landscaping in
accordance with City Ordinances and shall remove such landscaping if at any time the City
decides it needs the alley for any public purpose.
By copy of this memorandum to David Harden, City Manager, our office requests that this
item be placed on the September 22, 1998 City Colnmission agenda.
Please call if you have any questions.
cc: David Harden, City Manager
Alison ttarty, City Clerk
JeffCostello, Senior Planner
lanhgod.com
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this __ day of , 199_ by and
between the City of' Delray Beach, Florida ("City") and House of'God, Inc., Delray #2 ("Owner").
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the City Commission has adopted
ordinances setting tbrth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance and provide parking
fbr the Owner's customers the Owner shall be allowed to install landscaping material in the right-
of-wav of the north/south alley of Block 36 pursuant to the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandomnent by the City of the public right-of-way of the north/south alley of Block
36; and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of-
way purposes; and,
WHEREAS, the public will benefit from the beautification of areas along its streets by the
addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape
plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting l'brth the responsibilities of each party.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as £ollows:
1. The Parties hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Owner shall pert'btm all conditions as required by the City or any Board of the
City in conjunction with the site plan and review process tbr the required installation and
maintenance of the landscaping. /he subject property, further described in Exhibit "A", shall have
an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference.
3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge
or grass material or any other material as required by the Owner's approved landscaping plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper fertilization
of ali plants and keeping them as free as practicable from disease and harmful insects; to properly
mulch the plant beds; to keep the premises fi-ee of weeds; to mow and/or cut the grass to a proper
height; to properly prune all plants which includes (1) removing dead or diseased parts of plants,
or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or removing
..~.~ or replacing those that fall below original project standards. All plants removed for whatever
;.
reason shall be replaced by plants of the same grade, not necessarily the s~,me plant but of
acceptable quality to the City and the Owner, as specified in the original plans and specifications
and of a size comparable to those existing at the time of replacement. To maintain also means to
keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items
2
which would be scientifically classified as plants and include but are not limited to trees, grass, or
shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come to
the attention of the City that the landscaping is not properly maintained pursuant to the terms and
conditions of this Agreement then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereatter, the Owner
shall have a period of thirty calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the City may at its option, proceed as
follows:
(a) Maintain the landscaping or part thereo£ and invoice the Owner tbr expenses
incurred.
(b) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping installed in
the right-of-way by the Owner.
7. If fbr any reason the City decides that it needs the right-of-way of the north/south
alley of Block 36 or for any other public purpose this Agreement shall terminate, and the Owner
shall be required to comply with the City's current Code of Ordinances regarding landscape
requirements.
8. The Owner shall indemnify and hold harmless the City, its officers and employees
from all suits, actions, claims and liability arising solely out of the Owner's installation and
maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understandings and agreements between the parties with respect
to such matters are merged into this Agreement, which alone fully and completely expresses their
understanding.
10. This Agreement may not be assigned or transferred by the Owner, in whole or part
without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs, successors,
legal representatives, and permitted assigns and shall be recorded in the Public Records of Pahn
Beach County and shall run with the land.
12. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this __ day of , 199_.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin
Mayor
Approved as to legal form
and sufficiency:
~City Attorney
s.._,, (
Jer~ylTaylor, {~asto~ of Ho{~se of God,
~'~,~ ~ ~O~,'r Inc~elray ~2
(Print or Type Name)
STATE OF FLORIDA )
) SS~
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me thisc~'J''q' day of
199_~by ,_'?et-r-,-/'T'c~ 1o~o., as Pastor of House of God Inc., Delray #2.
(Print or Type Name)
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
hmimphg, agt
Lot 11, Block 36 City of Delray Beach, Florida, according to the plat thereof on file in the
Office of the Clerk of the Circuit Court, in and for Palm Beach County, recorded in Plat Book
5, Page 30; said lands situate, lying and being in Palm Beach County, Florida.
Lot 12, less the South 24.7 feet of the West 50 Feet of Block 36, Town of Delray Beach,
according to the Plat thereof filed of record in Plat Book 5, Page 38, of the Public Records of
Palm Beach County, Florida.
The South 24.7 feet of the West 50 feet of Lot 12, Block 36, Town of Delray Beach,
according to the Plat thereof, recorded in Plat Book 1, Page 3 and Plat Book 5, Page 38 of the
Public Records of Palm Beach County, Florida.
Lot 13, Block 36, Town of Palm Beach, f/k/a Linton, according to the Plat thereof, as
recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida.
Exhibit A
EXHIBIT B
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ /
SUBJECT: AGENDA ITEM ~'D- REGULAR MEETING OF SEPTEMBER 22, 1998
AMENDMENT #2 TO CENTER BASED CHILD CARE AGREEMENT WITH
SCHOOL DISTRICT OF PALM BEACH COUNTY
DATE: SEPTEMBER 18, 1998
On August 4, 1998, the City Commission approved the renewal of our
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 for the period July 1, 1998
through June 30, 1998. Amendment #1 to the agreement was also
approved, which increased the rates paid by the School District.
Amendment #2 is now before the Commission for approval.
This amendment includes new language regarding the accreditation
criteria and the classical music and reading requirements. It
also increases the Job Training Partnership Act (JTPA) rates to
equal the Subsidized Child Care rates. This amendment will become
effective October 1, 1998.
The City Attorney has reviewed and approved Amendment #2 as to
form and legal sufficiency.
Recommend approval of Amendment #2 to the Center Based Child Care
Agreement with the School District of Palm Beach County.
ref:agmemoll
Agenda Item No.: FD
AGENDA REQUEST
Date: September 18. 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: September 22, 1998
Description of agenda item (who, what, where, how much): Request approval
of and Mayor's siKnature on Child Care Services Contract for the School District of
Palm Beach County for the 1998-1)99 school year.
ORDINANCE/ RESOLUTION REQUIRED: YES, NO/ Draft Attached: YES/NO
Recommendation: Approval and Mayor's signature.
Department Head Signature: ~.
Determination of Consistency with .~o pr sire Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO~~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
DELRAY BEACH
Parks 6 RecreatiOn`
MEMORANDUM
T~c/b- Susan Ruby
City Attorney ~//l?/I¢~5'' . ~
~W~) RodgerR, Ribeiro, CLP '-'~~~~~.t-~~~
Recreation Superintendent~
doe Weldon~ pj
THROUGH: Director of P~s and Recreation
SUBJECT: Renewal Contract for Child Care Services Program
DATE: September 16, 1998
Please review the enclosed Child Care Services Contract for the School District of Palm
Beach County for the 1998-1999 school year. This amendment includes new language
regarding the accreditation criteria and the classical music and reading requirements.
This amendment also increases the dTPA rates to equal the Subsidized Child Care rates.
I would like to return the completed and signed contract by next day mail so that it
reaches the School Board by Thursday, September 24, 1998 after City Commission
approves the contract.
If you have any questions or comments, please call me at extension 7256. Thank you for
your prompt consideration.
Rodger R. Ribeiro, CLP
Recreation Superintendent SEP i ?~..~..,c:.
Enclosures
RRR:cp
Ref: srccscon
50 Northwest 1 st Avenue · Oelray Beach, Florida 33444
(561) 243- 7250 · Fax' (561) 243-7268
THE SCHOOL DISTRICT DR. JON~I P. KOWAL
OF PALM BEACH COUNTY, FLORIDA su~mm'aoea'
CHILD CARE SERVICES PROGRAM o~ sc~xx3ts
3310 FOREST HILL BOULEVARD, C-223
WEST PALM BEACH, FL 33406-5813
(561) 434-8252 FAX (561) 434-8739
September 11, 1998
Dear Center Owner:
Attached are two copies of an amendment to your FY 98/99 contract. This amendment includes
new language regarding the accreditation criteria and the classical music and reading
requirements. This amendment also increases the JTPA rates to equal the Subsided Child Care
rates. If you have any questions or concerns please call me at (561) 434-8720. Be sure the
person indicated on page two (2) signs and dates both amendments, preferably in blue ink. Also,
two (2) witnesses must sign on the appropriate lines on page two (2). Both amendments with
original signatures are due back at the following address no later than September 21, 1998.
The School District of Palm Beach County
Child Care Services Program
3310 Forest Hill Blvd., Suite C223
West Palm Beach, FL 33406-5813
Attention: Mary Ussery
Sincerely,
Mary M. Ussery
Contract Unit Leader
An Equal Education Opportunity Provider and Affirmative Action Employer
Center Based Child Care
FY 98-99
Amendment #2
This amendment entered into between the School District of Palm Beach County, FL
herein after referred to as the "Agency" and City of Delray Beach herein after referred to
as the "Provider" hereby amends the contract entered into by the above named parties on
July 1, 1998.
Attachment I, E., 18. is hereby added as follows:
18. The Provider agrees to become accredited by a nationally recognized accrediting
association by July 1, 2002, if applicable for school age programs. The
accreditation standards shall substantially meet or exceed the National Association
for the Education of Young Children (NAEYC), and the National Early Childhood
Program Accreditation Commission standards. Revalidation for accreditation shall
be maintained according to the accrediting association's criteria.
Attachment II, is hereby amended as indicted on page 3 of this document.
Attachment V, is hereby amended as indicated on page 4 of this document.
Attachment VI, Special Provisions for the Child Care Investment Fund Program, is hereby
null and void.
This amendment shall begin on October 1, 1998.
All provisions in the contract and anY attachments thereto in conflict with this amendment
are still in effect and are to be performed at the level specified in the contract.
All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
There are no modifications except those contained herein, all other terms and conditions
remain in effect from the original contract.
Th!s amendment is hereby made a part of this contract.
IN WITNESS THEREOF, the parties hereto have caused this~4 page vendor agreement
to be executed by their undersigned officials as duly authorized.
PROVIDER: PALM BEACH COUNTY SCHOOL
DISTRICT:
By: By:
Name: Jay Alperin Name: Paulette Burdick
Title: Mayor T'rtle: Chairm~ln
Date: Date:
A]-I'EST: A'I-i'EST:
By: By:
Name: Name: Dr. Joan P. Kowal
'i-~tle: 'l-[tie: Superintendent
Date: Date:,
Employer I.D. Number.
59-6000308
ATTACHMENT V
SPECIAL PROVISIONS FOR THE ,lOB TRAINING PARTNERSHIP ACT
(`lTPA) PROGRAM
A. All activities performed under this vendor agreement shall be provided in a drug-free
workplace in accordance with the Drug Free Workplace Act of 1988 and the
regulations promulgated thereto.
B. The funding agency reserves a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for Federal
Government purposes:
1. The copyright in any work developed under this vendor agreement.
2. Any rights of copyright to which a Provider purchases ownership with funding
from this vendor agreement.
C. The Agency shall give to the Provider a copy .of the Child Care Program
Assessment (CCPA) Form (Attachment IX or the most current revision). The
Provider shall obtain a minimum of 80% compliance which will be conducted semi-
annually by the Agency. Failure to obtain a minimum of 80% compliance may result
in termination of vendor agreement, and non-renewal of vendor agreement for the
next contract year.
Child Care Providers obtaining a 95% compliance or above will be monitored
annuallY. A second visit will be made for technical assistance to ensure the level
of program quality remains at a high rate determined in the initial assessment.
D. The Agency shall pay a rate for child care for each qualifying client the rate
approved by the Depa .rtment of Children & Families, or the rate charged the general
public by the Provider, whichever is less.
E. The daily rate payable for child care shall be negotiated based on the 1996-1997
Distdct 9 Department of Children & Families Rate Schedule. Gold Seal accredited
center's and previously contracted Child Care Investment Fund centers' rates shall
be negotiated based .on the 1997-1998 Distdct 9 Department of Children & Families
Child Care Rate Schedule.
The Agency is authorized to pay up to twenty percent (20%) higher differential rate for Gold
Seal Centers. In no circumstance may the base rate and the differential rate exceed the
Provider's private pay rate. The differential rate cannot exceed the 1997-1998 District 9
Department of Children & Families child care base rate plus twenty percent (20%).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF SEPTEMBER 22, 1998
CHANGE ORDER #i/AKERBLOM CONTRACTING, INC. (AOUIFER
STORAGE AND RECOVERY FACILITY)
DATE: SEPTEMBER 17, 1998
This is before the Commission to approve Change Order #1 in the
add amount of $66,375.10 with Akerblom Contracting, Inc. for the
Aquifer Storage and Recovery Facility project. The change order
is needed to encompass pump and piping upgrades due to increased
flows and miscellaneous transmission piping revisions.
The pumps and associated equipment are expected on-site within the
next month and will be installed shortly thereafter. With
completion of the permitting, the ASR facility should be
functional and ready for start up and testing before the end of
the year.
Funding will be from 441-5181-536-69.18 (W&S Transmission -
Aquifer Storage and Recovery) through budget transfer from
441-5181-536-63.95 (Northwest Reuse Water System).
Recommend approval of Change Order #1 with Akerblom Contracting,
Inc. for the Aquifer Storage and Recovery Facility.
ref:agmemol3
Agenda Item No.: ~" id`
AGENDA REQUEST
Date: September 16, 1998
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: September 22, 1998
Description of item (who, what, where, how much): Staff requests City Commission to approve add Change
Order #1 in the amount of $66,375.10; to Ackerblom Contracting, Inc. for the Aquifer Storage and
Recovery Facility (Proj No 93-55). Changes include pump/piping upgrades due to increased flows; and
miscellaneous transmission piping revisions.
Funding Source is 441-5181-536-69.18 (ASR Facility). A budget transfer is attached.
ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES/~
Recommendation: Staff Recommends approvaJ~f Change Order #1
Department Head
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~l~d on all items involving expenditure of funds): Funding available:~O
Funding alternatives
(if appli.cable) ~,,
Account No. & Description ,/-,z,~/,~/~/-,,5-.~ -~./oa'
Account Balance~:/~/,~2, ~ ,~ ~ /i /'/ / ~ov ~/z~ ,f'~/z~ ~; ,l,J//,ql~E-/"~/c'~c" J/'.~¢ //'g~C /]d' /3[g'b ;~c/
,~ .- . // ,/ / ., _
City Manager Review. V~'~?.,.,-~-- ~ ~/~5-~' ~;;~. ~ ~/~/~?
Approved for a~enda: E~OHold Until: ~ ' /'
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/age9355.doc
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Div
Date: September 16, 1998
Re: Aquifer Storage and Recovery Facilities - Project 93-55
Agenda Request - Change Order #1
Attached for Commission approval is an agenda request for Change Order #1 to
Ackerblom Contracting, Inc. on the above referenced Project. Change Order #1
encompasses miscellaneous changes to the Project.
Changes include:
1. Cost of the pumps; and upgrades to the piping for a net add of
$55,772.51. These upgrades were required after the acidification and testing
phase which increased the design recovery flow from 1,100 GPM to 2,500
GPM. The increase in flow requires that the column pipe size be increased
from 8" to 10"; and the depth of the pump setting increased from 200 to 250
feet below pad elevation. The amount is a net amount utilizing the $150,000
pump allowance in the Contract Item (1.3.2).
2. Revisions to the 18" raw water main and 24" domestic main that run
from the Water Treatment Plant to the ASR site at the North Reservoir.
Items include deleting the pigging of the 18" main; removing/reinstalling the
20" altitude valve at the North Reservoir; and draining and cleaning the North
Reservoir. Additions include removing four 18" valves/and installing sleeves at
each location (valves were inoperable and were impeding flow in main). Total
net add for this item is $11,307.60.
3. Additional pavement at the four well location tie-ins to the existing 18"
raw water main. The as-built location was not as shown on the plans and
required more pavement restoration. The add for this item is $2,919.99.
4. Add for potholing for existing 18" valve at North Reservoir and
removing and replacing sidewalk at valve location. The valve was not at
the as-built location shown the plans. The add for this item is $2,875.00
5. Additional paving required at Water Treatment Plant piping switchover
due to existing pipe not as per as-built plan location. The add for this
item is $3,$00.00.
6. Reduction in Contract Utility Allowance item (Item 1.3.1) of ($10,000.00).
Change Order #1 is for a net add of $66,375.10. Funding Source is 441-5181-536-
69.18 (Aquifer Storage and Recovery Facilities). A budget transfer is attached.
The pumps and associated equipment should be delivered on-site within the next
month and installed shortly thereafter. This, combined with the completion of the
permitting, should have the ASR facility functional and ready for start up and testing
before the end of the year.
CC:Dick Hasko
File: Memo to City Manager
9355A
:colmem.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. ONE (1) PROJECT NO. 93-055 DATE:
PROJECT TITLE: Aquifer Stora,qe and Recovery Facilities
TO CONTRACTOR: Ackerblom Contractin,q, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Contract Addition for miscellaneous items for the above referenced Project regarding the pumps/piping and transmission
main revisions. Specific changes are per Schedule A attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 721,622.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $721,622.00
COST OF CONSTRUCTION CHANGES THIS ORDER $66,375.10
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $787,997.10
PER CENT INCREASE/DECREASE THIS CHANGE ORDER +9.2%
TOTAL PER CENT INCREASE/DECREASE TO DATE +9.2%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion,
accurate; that the pdces quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benef~ of competitive bidding,
for Ackerblom Contracting, Inc
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 441-5181-536-69.18
DEPARTMENT FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:.
for Environmental Services Jay Alperin, MAYOR
A'FI'EST:
APPROVED: By:.
City Attorney City Clerk
\...\93-055\constrct\colfrm.doc
Schedule A
Change Order #1
Project No.: 93-55
Project Name: Aquifer Storage Recovery Well
Contractor: Ackerblom Contracting Inc,.
Description Total
I Pumps and Column Pipe (Atlantic Environmental) $156,880.00
Add for changing surface plate from 1" thick to 1 3/4" thick $1,908.00
Add for notching flanges for drop pipe and power cable $4,452.00
Change from a Nema 4X Panel to a Nema 12 Panel $0.00
Additional costs for increasing pipe/fitiings sizes to accommodate increased flow from 1100 GPM to
2500 GPM $42,532.51
Contract Allowance for pumps (Item 1.3.2) ($150,000.00)
2 Delete pigging 18" WM, Remove / Install 20" Altitude Valve; Draining and Cleaning Reservoir;
Remove four existing 18" valves/Sleeve $11,307.60
3 Additional pavement at the four well location tie-ins to the existing 18" Raw Water Main $2,919.99
4 Concrete Sidewalk Removal/Replacement at North Resorvior 18" Valve Location $2,875.00
5 Additional paving restoration at piping switchover at Water Treatment Plant due to
location of existing piping to plan location $3,500.00
6 Contract Allowance for Utility Conflicts (Item 1.3.1) ($10,000.00)
Total Change Order #1 $66,375.10
Jul-13?g8 02:40P A.E.S. 1-B61-B47-3999 P.01
II I JlUIIIIIIII IIII
To: DAVE SCHUMAN Company: CH2M HTLL
Fax #: 954-698-6010 Ph: 737-6665
Date: July 13, 1998
Pages: 2, including this cover sheet.
Reft DELRAY BEACH ASR WELL PROJECT WITH AKERBLOM CONTRACTING
SUB: QUOTE CONFIRMATION
DEAR DAVE,
PER OUR CONVERSATION THIS AFTERNOON, PLEASE ALLOW THIS FAX TO ACT AS OUR
COST PROPOSAL FOR EACH WORK ON THE WELL SUPPLY
ITEM A)
ADDER TO MAKE WELL HEAD FLANGE 1 3/4 INCH THICK
/' ,1,,O0+108T.oJ(= ,1,908.00
ITEM B)
ADDER FOR WELL COLUMN FLANGES TO BE CUT OUT
IN TWO PLACES FOR PROTECTION OF POWER CABLE
AND TRANSDUCER TUBE
$ 150.00 .l. 9.00 TAX = $159.00 PER CUT TIMES 28 CUTS = $ 4,452.00
( 13 PI~CES OF PIPE EACH WITH TWO FLANGES = 26 PLUS ONE PUMP ADAPTOR
FLANGE PLUS ONE WELL HEAD NIPPLE FLANGE = 28 CUTS )
ITEM C)
DE~_~.~T..F~_OVIDING VFD E~SUR.~F~EMA ~NG IN P.,,,~a~E (~
'NO ADDER/NO DEDUCT FOR PROVIDING VFD ENCLOSURE IN NEMA 1
DRIP LIP AND THREE POINT LATCH IN PLACE OF NEMA 4X RATING.
:~~1~~ITH
THANKS DAVE, CALL ME WITH ANY QUESTIONS! DAVE DUBBERLY
July 15, 1998
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441-1831
AQ~e. STO~C;E ~ ~COV~,¥ (~) ~,. SVe.~AC~
AT rm soRra STO~E ~SEaVO~ ~93-055 C~. O~.a q - ~ q-
~D~ON~ COST D~ TO P~E S~ C~GE;
1. T~ 24" X 12" $1,452.20
~2. Below ~e ~CR) 12" $ 2,417.67
3. h~e~ Stress Piping & Fi~ings $10,785.50
4. Ad~o~ Co~ 10" B~ow $ 3,174.70
5. R~h~ge L~e ~te V~ve, Bu~e~y
~d Ch~k Vflve 12" $ 1,399.20
6. R~h~ge Lne Mod Vflve ffCV l-l) $ 3,754.52
7. New ~ V~ 12~ $ 3,021.00
8. ~ea~ ~ Ele~fi~ for R~h~ge ~mp $ 4,980.00
9. Co~ for ~g 50 Ad~ F~ of 10~
Stress ~seh~ge ~pe $ 6,000.00
$36,984.79
~ ~d ~fit $ 5,547.72
~D~ON~ COST TO C~ ~2,532.51
~LOM CO~~G, ~C
Jeanne Akerblom
Vice President
cc: Howard Wright
David Bailes
July 15, 1998 ~,
David Schuman
CH2M Hill
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441-1831
AQUII~R STORAGE AND RECOVERY (ASR) WELL SURFACE FACILITIES
AT THE NORTH STORAGE RESERVOIR #93-055 - CHANGE ORDER 1-53
1.Remove four 18" valves and install two sleeves and retainer glands and
section of 18" D.I.P.
r-- 18" sleeve and retainers $742.00 X 2 $1,486.00
.-. 18~ stub piece D.I.P. 120.00
Excavate, cut out valves and install
pipe and two sleeves with retainer glands 600.00
Backfill, compact, and pave (Revised) 600.00
$ 2,8 0 6.00
Four Locations X $2,806.00 = + $11,224.00
2, Remove 24" DI.P. and two 24" sleeves after pigging;
then after televising reinstall 24~ D.I..P. and two 24'
sleeves and retainer glands
Four Locations X $950.00= + $ 3,800.00
3. Credit for not pigging 18" line - $ 2,750.00
4. Credit for not draining and cleaning reservoir - $ 1,500.00
5. Credit for not removing and instailing 20" altitude valve - $ 950.00
COST OF CONTRACT CHANGES + $ 9,824.00
Overhead and Profit 1,483.60
ADDITIONAL COST TO CITY + $11,307.60
*Note: An Additional 14 Days to be Added to Contract Time
AKERBLOM CONTRACTING, INC.
Vice President
cc: Howard Wright
~-~Dawcl tJaiies ~'~
July 15, 1998
David Schuman
CH2M Hill
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441-1831
AQ~ STORAGE AND RECOVERY (ASR) WELL SURFACE FACILITIES
AT THE NORTH STORAGE RESERVOIR g93-05S - CHANGE ORDER 9-~a~ ~
On well No. 8 switch over pump line was 16" instead of 10". We needed
+'all 10" 45's and 16" fittings. No existing fitting as shown on well connections
switch-over details could be reused as well piping was not as shown on
Detail No. 2. All connections were done with a tee and 90 bend, which
connected fi.om opposite side of 24" pipe instead of in between 18" and 24"
pipe as shown on existing detail. This resulted in needing more extensive
road restoration in order to remove old connection and cap offexiting con-
nections.
Description of Contract Changes and Cost (Revised)
Roadway and Pavement $1,539.12 /
4 X $250 = $1,000.00 ~1~
Additional Materials
We excavated 60 L.F. of five foot concrete sidewalk looking for 18" valve
in fi.ont of reservoir on Janua_~j 13. ~
Labor $ 600.0
01
Equipment $300.00(
We formed and poured 60 L.F. of five foot sidewalk on February 26. ~'
$1,600.00 J
COST OF CONTRACT CHANGES $5,039.12
Overhead and Profit 755.87
ADDITIONAL COST TO CITY $5,794.99
AKERBLOM CONTRACTING, INC.
Jeanne Akerblom
Vice President
cc: Howard Wright
Davide Bailes
Cib/of Oelray Beach
Budge., Transfer Form
(~) ......... ' '-=- ' 9/16/98
(S} ~n:e~un~n~erc~sanmen~aJ Transfer (4) 8atc~ Number
(5) Requested Sy: Howard Wi~ht
Aii-SLSi-J36-63.95 N.W. Reuse Water $66,275.94
System-SCR~
93-055 441-5~81-536-69.18 Aquifer Storage & $66,275.94
Recovery
(10) TOTAL $66,275.94 $66,275.94
JU~'~C~'~CN: To provide funds for Chan~e Order #1 ~or Project No. 93-055
(Ackerblom)
(1 1) Budget Revision Oate (12) Control Number
(13) Peded (:4) Coun~
ORIGINAL-RUOG~ CAHARY-F{LE PINK-OEPAR~
£1TY OF [IELRA¥ BEA£H
Writer's Direct Line: 561/243-7091
DELRAY BEACH
~ MEMORANDUM
Ail.America City
I~,,~"''''' DATE: September 18, 1998
] 993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Revised Easement Agreement - Ocean Properties
The City Commission previously approved an Access Easement Agreement between the
City and Ocean Properties. The Marriott Hotel Corporation requested further changes
which are incorporated in the attached Access Easement Agreement.
The attached Easement Agreement is in legislative format so that you can better see the
changes in the agreement you previously approved. The major changes are as follows:
1. Payment of $50,000 upon execution of the agreement (instead of time of
issuance of a certificate of occupancy).
2. Deletion of requirement for Ocean Properties to "stripe or restripe" the
easement area.
3. A requirement that the City endeavor to give 30 days notice of changes in
parking hours and a requirement that if the City gate is replaced, the City
and Ocean Properties will consult with each other as to design and
quality.
4. Changes in Paragraph 6 giving the City and Ocean Properties rights of
enforcement for default and obstruction of the easement, eliminating the
$1,000 payment requirement for more than three one-hour or more
obstructions of the easement area in a year.
By copy of this agreement to David Harden, City Manager, our office requests this
revised agreement be placed on the September 22, 1998 City Commission agenda for
approval.
SAR:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Tom McMurrian
ocean.sar O~' ~ ·
F,'in/e(l on f~ecycf(,:J P,v~er
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT, by and between the CITY OF
DELRAY BEACH, a Florida municipal corporation (City) and OCEAN PROPERTIES,
LTD., a Maine Corporation (Ocean Properties ) is made as of the date of execution hereof by
the last of the parties to execute.
WITNESSETH:
WHEREAS, City is the owner of Parcel 1, the "Property", situated in Palm Beach
County, Florida, more fully described in ~ attached hereto and made a part hereof;
and,
WHEREAS, Ocean Properties is the owner of property (the "Hotel Property")
situated in Palm Beach County, Florida, more fully described in ~ attached hereto and
made a part hereof; and,
WHEREAS, thepr,.v,..~".., ............ ,4 .... :~.~.~ ;. r:v~;~,;~ o Hotel Property is immediately
adjacent to and contiguous with the pProperty.~..o..~...~ '~ .... a.~.~ .~.~- ~v~.:~.:..~........~ .~'., and,
WHEREAS, the City determines that it is a valid public purpose to enter into this non-
exclusive Access Easement Agreement allowing Ocean Properties access over a portion of
the pProperty shc'::n ;n r~..r,~.:~ ^ and as which portion (the "Easement Area") is legally
described in ~; and,
WHEREAS, for explanation and convenience, there is a rendering of the ddvevaay
ac-c-ess eEasement Area attached hereto as ~; and,
WHEREAS, for explanation and convenience, there is a rendering of drainage and
exfiltration facilities, attached hereto as Exhibit E; and,
WHEREAS, it is the intent of the parties that the non-exclusive easement as sh,~wn in
over and across the Easement Area is subordinate to and inferior to the right of the
public over the p~roperty; and,
W~AS, all references to either the City and/or Ocean Properties in this Access
Easement Agreement shall also include, as may be applicable, their respective heirs, personal
representatives, employees, tenants, tenant's employees, business invitees, other invitees and
licensees, and their respective successors, and assigns.
NOW, THE~FO~, in consideration of the mutual covenants and promises, the sum
of Fifty Thousand and 00/100 Dollars ($50,000.00) and other valuable consideration, subject
to the rights, obligations and limitations, set forth herein, the parties covenant and agree as
follows:
1. Recitations. The recitations set forth above are hereby incorporated as if ~lly
set forth herein.
2. Grant ofAccessEasement: The City hereby grants and conveys a non-
exclusive perpetual easement for access and driveway purposes to Ocean Properties over and
across the ...... ~,, a .... ~ :~ ~ ~ ~. Access and driveway purposes as
used in this Agreement means for the full and free right and liberty to pass and repass, ingress
and egress, over, on, upon and through thev.~w..~*" ~o~.~ ~ .... ;~ ... ;~ ~~;~;* ~ ~, in
order to allow full and free pedestrian and vehicular access from..~a
~u~h;h;. n, ,h~ h~,~ ~.on:, .... a a~ a the Hotel Prooertv across the Easement
Area to A1A, provided however that the access to A1A shall be restricted to such times (the
"Public Parking Hours") as the public parking ~ within ~at portion of the Property
(the "Public Parking Area") delineated in~ is open to the public. The City shall, in
2
its sole discretion, determine ~ the pPublic pParking Hours: provided, however, that the
City shall, upon request of Ocean Properties. furnish a schedule to Ocean Properties of the
Public Parking Hours and shall endeavor to furnish 30 days prior notice to Ocean Properties of
any changes to the Public Parking Hours. During the Public Parking Hours. the Public
P_af]dllg._~..~ shall remain open and accessible to the public as determined by the City. If the
access to A1A is closed, Ocean Properties shall retain its right of vehicular and pedestrian
access over thev, -,P,~- '",., ..,~.,.~.'4 .... ..,,~.,:~'~'~ ,,,:~ ._,.,,,,.,,,r~"ha';* t-.~ and across the Easement Area, except that
Ocean Properties shall provide a point of ingress or egress through the hHotel faeitity
pProperty.
3. Term. This Access Easement Agreement as4esmql~uvh:~-;* r, shall be
perpetual and may only be terminated by written instrument duly executed by both parties
hereto except as provided in Paragraph 5 6.
4. Duties of the Parties:
A. Ocean Properties shall:
(1) Pay to the City $50,000.00 for the Access Easement, payable upon the
date of; ........ec ,~ ....,:r.~.,,,~ ,.~ ........... the final execution of this
agr. mnv_at.
(2) Maintain the surface over the Ac~:: r: ...... · o~ ..... :. ~m:, ~ ~
~:~ ~ ~.~:~, n Prooertv. the Easement Area. and the nortion of the
Hotel Prooertv used for access to the ~ p~roperty~ ~" ..... ;. n~h:,~
e~e~, · e ma ntenance
shall include but not be limited to, surfacing and resurfacing, day to day
cleaning of the properties, and debris removal, maintaining the aforesaid
properties in a neat, clean and sanitary condition, free from all garbage
and trash, litter and debris, landscape maintenance and replacement,
~ ...... h ........ .~a ~ .;~ .~ .;~ .....~ ~:~.. maintenance and
painting of the curb stops on the Hotel Property used for access to the
p~roperty ~c~.;. u, and all other maintenance and repair
except as otherwise expressly set forth in this Access Easement
Agreement as a duty of the City.
(3) Ocean Properties shall not construct or place any improvements on the
pProperty,..~,,~.a .... .~.~,..;k'~'4 ..:" ~t:"~;k;* ^ ~.,,4 r, and shall not obstruct, impede,
or interfere in the free flow of vehicular or pedestrian traffic over the
pProperty geser4bed4a-~''t';~':*~ ^ ...a ~
, or interfere with, obstruct or
impede in the free ingress and egress of the vehicles, pedestrians, and
traffic to and from the City's pProperty a .... ;~.~a ;. u.,~a,;.~ ^ ..a c,
(4) Ocean Properties acknowledges that certain drainage facilities and
exfiltration trenches as shown in ~ shall be maintained by Ocean
Properties.
B. The City shall:
(1) Be responsible for the installation and maintenance of parking meters,
that the City may in its sole discretion install "- ;* ....... ,., ~,~ ..... ;.~
~,t.a,a ^ with the Public Parkine Area.
(2) Provide replacement and/or repair '-~: .k ..... k ,.,-~.... ,....,..~a ...
...... ,-...,~ ..... ~.. ~.~.~m.. ^ .~,~.,a~..,~ and painting of the curb stops
...... · ., ok ..... ~.. ~,,~.a.;, ^ located within the Public Parkine Area.
(3) Shall repair potholes on the pProperty ~ ,~,~;k;,o ^ ang
(4) Install, repair, and replace a gate at the egress and ingress access at
A1A. The City shall be responsible for the opening and closing of the
gate. The City, in its sole discretion shall determine if a gate will be
installed, repaired or replaced and if installed, the dates and times when
the gate will remain opened or closed~; provided, however, upon request
from Ocean Properties. the City will provide a schedule of the Public
Parking Hours and will endeavor to notify Ocean Properties 30 days in
advance of changes to the Public Parking Hours and endeavor to notif.v
Ocean Properties in advance if the gates are to be closed during Public
Parking Hours. If the City replaces the City gate. the City will consult
with Ocean Properties about the design, style, quality and placement of
the City gate so that to the extent possible, the City and Ocean
Properties are satisfied that the design, style and quality are harmonious
with the architectural style of the hotel.
5. Taxes and Assessments. Ocean Properties shall pay any and all taxes and
assessments that may be levied from time to time against
Easement Area The parties acknowledge that the D ..... ,., .~ ....
~ .vW. Lj in ~"~;~';* r. Easement
Area is City owned property and that to the best of the City's knowledge and belief no taxes or
assessments are currently levied on the Easement Area and no taxes or a~sessments are
anticipated to be levied on the. ~..v~.,J*'' ~o...~.~a .... ;h~a ...~ ~.h;~:, ~. ~ ~ The
parties acknowledge that taxes are regulated by State law. however, to the extent legally
permissible, the City agrees that it shall not take any action to levy any taxes or ~ assessment~
on the. n,.v~,,~''' ~.o..,~.~a .... ;~=a ;~,. ~c~;~;' ~ ~ which would impose a requirement on
Ocean Properties to pay an~ taxe~ or assessmenta. If, however, taxes and/or assessments are
due on the ...... ~" a .... :~a ;~ ~:~;' ~
e,~e...~ ............ ~ ~, then Ocean Properties shall be
responsible for payment of ~e taxes and/or assessmenta. Ocean Properties retains the ability
to contest either the payment and/or the amount of the taxes and assessments, but shall in no
event cause a tax lien to be filed against the p~roperty ~ ..... ;~ ~;~;'~
6. Default. ~ If Ocean Properties fails to perform any of its duties under this
Access Easement a~greement including, but not limited to, providing all maintenance and
repair as set forth in this Access Easement Agreement, payment of taxes, and assessments as
may be required on the pEroperty~o..,'~ ,.' ~~";";' ~, as a result of such levv. on the
Easement Area. the maintenance of adequate insurance ...... ~ .... ~ ........
level~ of "'";~ .~ ~. ....a ~., ,~ ~:~., c~ ,;~ ,~ ,;~ or hils to inde~ify the City
as provided for herein, the City ma~ declare a default by providing written notice giving
Ocean Properties ninety (90) days to cure the default. If Ocean Properties fails to cure the
default within thc ninety (90) days, the City shall have the right to seek enforcement of this
Access Easement Agreement in thc Circuit Court in Palm Beach County, Florida. If Ocean
Properties impedes or obstructs access to thc Eascmen~ Area or City's
r:..~.;k;~ ^ by impeding or obstructing access over the ...... *" -~ .... ;~ ~:~ ~ for
Easement Area or Property fo[more than one hour without the City's prior consent, and the
City ~ giver notice thereof more than three times in any calendar year, ~
,k~ ,~o ~ ....... ~,~ ....... the City shall have the rieht to seek enforcement of the
Access Easement Agreement in the Circuit Court in Palm Beach County. Florida. without
providing ninety (90) days prior notice to cure the default.
B. If the City fails to perform any of its duties under this Access Easement
Agreement. including, but not limited to, providing all maintenance and repair set forth in this
~Ocean Properties may declare a default by providin~ written notice ~ivin~ the
City ninety (90) days to cure the default. If the City fails to cure the default within the ninety
(90) days. Ocean Properties shall have the right to seek enforcement of this Access Easement
Agreement in the Circuit Court of Palm Beach County, Florida. If the City impedes or
obst~cts access to the Easement Area or the Property by impeding or obst~cting access over
the Easement Area or Property for more than one hour without ,Ocean Properties prior
consent, and Ocean Properties gives notice thereof more than three times in any calendar
year. Ocean Properties shall have the right to seek i~ediate enforcement of this Access
Easement A~reement in the Circuit Court of Palm Beach County. Florida. without providing
ninety (90) days prior notice to cure the default.
7. Covenants Running with the Land. The easement hereby granted shall
be a servitude on the pEroperty~~k~k~* s. The easement, restrictions, and
obligations created by this Agreement shall run with the land and, shall be binding upon the
party granting, making or assuming such easement or obligation or restriction and such party's
6
successor's, assigns and mortgagees, and shall inure to the benefit of the other party hereto
and its successors and assigns and mortgagees and any lessee, assignee or mortgagees, or
transferee of any part of the property shall automatically be deemed, by acceptance of the
estate, title, lease or portion thereof to have assumed all obligations hereof and relating
thereto.
8. Leases and Licenses. Ocean Properties shall require that all leases and
licenses shall include and be made subject to the obligations, limitations and restrictions of this
Access Easement aAgreement and provide for the termination thereof for non-compliance with
this Access Easement aAgreement.
9. Indemnification. Ocean Properties shall and does hereby agree to
indemnify, hold harmless and defend the City, its officers, agents, employees, successors and
assigns from and against any and all judgments, damages, claims, demands, losses, liability
and other costs and expenses, and including reasonable attorneys fees incurred in the defense
thereofv only in the event that Ocean Properties fails to provide a defense for the City, that
may be incurred by the City by reason of any loss, damage, or injury to any person or
property," ....u~.,~ ,~.,~,.,~ .... :~.a~.~..~., u ........ by reason of Ocean Properties use of t~
~ or maintenance of the Easement Area or Ocean Properties parking lot located to the
south of and contieuous to the Easement Area." ..... ~, a .... :uoa m ~.~.~u:.o n n.~a.., r~ ...~
~.~~, or the drainage and exfiltration facilities shown in Exhibit E or by reason
of the act, or failure to act, on the part of Ocean Properties and/or its agents, emplOyees,
tenants, tenant's employees or representatives, and further shall, and hereby agrees to
indemnify, hold harmless, and defend the City its officers, agents and employees from and
against any and all losses, claims, demands, costs and expenses to which the City may become
7
subject by reason of the failure of Ocean Properties , its managers, agents, licensees or
tenants to pay, perform or observe any covenants, terms, conditions and provisions contained
in this Agreement.
10. Insurance. Ocean Properties shall obtain in amounts determined by the
City~ comprehensive general liability insurance for the ...... ~,, '~ .... :~'~'~ in, ~:"~:~;~ r~
Easement Area in an amount of coverage equal to ten million dollars ($10.000.000.00) and
shall name the City as an additional insured.
11. Enforceability/Venue/Waiver. This Agreement and the rights created thereby
shall not be construed as vesting any rights in any licensee, tenant or other third party or
person, other than the signatories hereto and subsequent owners and mortgagees of the various
parcels. Venue for the enforcement of this Access Easement Agreement shall be in Palm
Beach County, Florida. To be effective, this Access Easement Agreement must be executed
by both parties. A waiver by either party of any term or requirement herein may not be
deemed to waive the term or requirement as it may relate to subsequent events.
12. Warranties. Both parties, with respect to the parcel of property owned by
such party, warrants, represents and covenants to the other party: (a) that all mortgagees,
lienors, encumbrances, or other parties having any interest in such property and which are
necessary or appropriate to join in the execution of this Access Easement Agreement in order
to make this Access Easement Agreement fully effective as to such property, have so joined in
the execution hereof, or provided appropriate releases; (b) that this Access Easement
Agreement constitutes a valid and legally binding obligation of such party enforceable in
accordance with its terms; and (c) that this Access Easement Agreement has been executed by
an authorized person on behalf of such party.
8
13. Recording, Document Stamps, Fees. This Agreement shall be recorded in the
public record of Palm Beach County, Florida. All recording costs, fees or documentary stamp
fees shall be borne by Ocean Properties.
IN WITNESS WHEREOF, the parties hereto have executed this Access Easement
Agreement by officers, their signatures and seals this day of ,
1998.
WITNESS: OCEAN PROPERTIES, LTD.
By:
(Signature of Witness)
(Signature printed or typed) (Signature printed or typed)
(Signature of Witness) (Date)
(Signature printed or typed) (SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1998 by
Michael Walsh. as President of Ocean Properties. Ltd.. a Maine corporation, on behalf of the
corporation. ~,,/e~,,~.,,~, ~,,~ is personally known to me er ha~ "~'~
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and
Legal Sufficiency: (Date)
City Attorney
oceanacc.agt
9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM ~'~.- REGULAR MEETING OF SEPTEMBER 22, 1998
RESOLUTION NO. 60-98
DATE: SEPTEMBER 17, 1998
This is a resolution assessing costs for abatement action
necessary to remove junked and/or abandoned vehicles from four
(4) properties in the City. The resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien
against the property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 60-98 assessing costs for
emergency abatement action required to remove junked and/or
abandoned vehicles.
ref:naagmemo
RESOLUTION NO. 60-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATINGNUISANCES BY REMOVING JUNKED AND/ORABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said 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.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
2
Res. No. 60-98
herein and 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.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1998.
MAY OR
ATTEST:
City Clerk
3
Res. No. 60-98
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTy DESCRIPTION OWNER ASSESSMENT
DELRAY SHORES, LOT 1, BLOCK 4, PB 24, PG 233, LAVILA & CIVIL LOUIS $19.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2187 DORSON WAY 15.00 ADM. FEE
(2187 DORSON WAY) DELRAY BEACH, FL 33445
TOWN OF DELRAY, LOT 9 & N 26.5' of LOT 10 JULES J FELSO $20.00
(LESS W60'), BLOCK 67 (OLD SCHOOL SQUARE 8 NE 2n° STREET 15.00 ADM. FEE
HISTORIC DISTRICT) PB 1, PG 3, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH COUNTY, FL
(8 & MORE NE 2"d ST.)
C H DIGGANS SUB/BLK 55, TOWN OF DELRAY, PIJ, NARE SAINVAL & $20.00
LOTS 10 & 11, PB 8, PG 58, PUBLIC RECORDS OF MARIE JEAN 15.00 ADM. FEE
PALM BEACH COUNTY, FL 225 SW 2"d AVENUE
(225 & 227 SW 2n° AVE.) DELRAY BEACH, FL 33444
TOWN OF DELRAY, W 2/3 OF BLOCK 42(LESS W SOUTH ATLANTIC $20.00
20' R/W), PB 21, PG 2, PUBLIC RECORDS OF PALM CONFERENCE OF SEVEN DAY 15.00 ADM. FEE
BEACH COUNTY, FL ADVENTISTS, INC.
(201 NW 3R° AVE.) 201 NW 3rd AVENUE
DELRAY BEACH, FL 33444
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAV1NG WRECKED OR INOPERABLE
MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
Res. No. 60-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~.~' - MEETING OF SEPTEMBER 22, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 18, 1998
Attached is the Report of Appealable Land Use Items for the
period September 14th through September 18, 1998. It informs
the Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated.
Receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER ~,, ~i_ ',
SUBJECT: MEETING OF SEPTEMBER/'22, t998 CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 14, 1998
THRU SEPTEMBER 18, 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 September 14, 1998 through
September 18, 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 (6 to 0), a request for a color change for Carver Estates (Delray
Beach Housing Authority), located on the south side of SW 7th Street, between
SW 10th and SW 14th Avenues.
B. Approved with conditions (4 to 2, Shutt and Smith dissenting) 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.
City Commission Documentation
Appealable Items Meeting of September 22, 1998
Page 2
C. Approved (6 to 0), the architectural elevation plan to allow the addition of a porte
cochere and entry feature columns for Lakeview Apartments, located on the
south side of Lavers Circle within the Lavers North SAD (Special Activities
District).
D. Approved (6 to 0), the architectural elevation plan to allow two additional models
at Delray Lakes, located at the northeast corner of Lake ida Road and 1-95.
E. Approved with conditions (6 to 0), a Class Ill site plan modification, landscape
plan and architectural elevation plan associated with the construction of a new
restaurant and conversion of the existing roof top restaurant to residential suites
at the Delray Beach Marriott, located on the northwest corner of North Ocean
Boulevard and East Atlantic Avenue.
1. Approved (5 to 0, Ames and Griffin absent), a request for a Certificate of
Appropriateness, site plan and landscape plan associated with the conversion of
one of the units of a duplex to a dental lab to be known as Dental Invisions,
Inc., located on the south side of Dixie Boulevard, between NE 2nd Avenue and
NE 3rd Avenue. Concurrently, the Board approved waivers allowing for parking
within the front yard and a reduction of the perimeter landscape strip from 5' to
2.5'
2. Continued (4 to 0, Turner stepped down), a request for the demolition of a
contributing mutlifamily building at the Sundy Estates, located at the southwest
corner of Swinton Avenue and SW 1st Street. The Board requested that the
applicant submit a plan to show what will replace the demolished structure and a
report indicating that it is not economically feasible to restore the building.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR CULFS~EA. BL~.
CITY COMMISSION MEETING
OF SEPTEMBER 22, 1998
L-50 CANAL
LAKF' IDA ROAD
L ...... N.W. 2N0
LOWSON BOULEVARD
LINTON BOULEVARD
?
L-58 CANAL C-15 CANAL
cra' .M,TS ........... S.P.R.A.B.: H.P.B.:
A. - CARVER ESTATES 1. - DENTAL INVISIONS
B. - JARDIN DEL MAR 2. - SUNDY INN
I 1 MILE I C. - LAKEVIEW APARTMENTS
I
I
D. - DELRAY LAKES
SCALE E. - DELRAY BE~a~CH MARRIOTT
CITY OF OELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- D/G/I'AL ~,~$E ~ SYSTEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'"'1
SUBJECT: AGENDA ITEM ~ - REGUI_uA~R MEETING OF SEPTEMBER 22, 1998
AWARD OF BIDS AND CONTRACTS
DATE: SEPTEMBER 17, 1998
This is before the City Commission to approve the award of the
following bid:
1. Bid award in the amount of $211,890.00 to Regal Contractors,
Inc. for the construction and installation of improvements
at the Leon M. Weekes Environmental Preserve, with funding
from 117-4169-572-63.40 (Recreation Impact Fee - Leon Weekes
Scrub Park).
Recommend approval of the bid award listed above.
ref:agmemo8
Agenda Item No. ~'.,~'.!
AGENDA REQUEST
Date: September 16, 1998
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: September 22, 1998
Description of item (who, what, where, how much): Staff request the City Commission approve a
construction contract with Regal Contractor's Inc., the lowest responsive bidder with base bid in
the amount of $211,890.00, for the construction of the improvements at Leon M. Weekes
Environmental Preserve project. Funding is available from the Leon Weekes Scrub Trail,
Recreational Improvements account No. 117-4169-572-63.40, plus prior year surplus.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve a construction contract with
Regal Contractor's Inc. in the amount of $211,890.00 for construction of the Leon M. Weekes
Environmental Preserve project. ~..~~_.?
Department head signature: .
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~-~d on all items involving expenditure of funds):
Funding available:~ES_~lO
Funding alternatives--Of applicable):
Account No. & Description 117-4169-572-63.40 Leon Weekes Scrub Trail,
Recreational Improvements
Account Balance ~"/, ,~/ ---
City Manager Review: ~"~ ~~~
Approved for agenda: ~O
Hold Until: ~ ~'/~/ ~, O.
/~/~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~...~7020~gmq922
Agenda Item No.~
AGENDA REQUEST
Date: August 6, 1998
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: August 18, 1998
Description of item (who, what, where, how much): Staff request the City Commission approve a
construction contract with Regal Contractor's Inc., the lowest responsive bidder with base bid in
the amount of $211,890.00, for the construction of the improvements at Leon M. Weekes
Environmental Preserve project. Funding is available from the Leon Weekes Scrub Trail,
Recreational Improvements account No. 117-4169-572-63.40, plus prior year surplus.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve a construction contract with
Regal Contractor's Inc. in the amount of $211,890.00 for construction of the Leon M. Weekes
Environmental Preserve proje//~, ._~
Department head signature: ~.~r' ~.... ~, ~P'~///~ (/"~'~" ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re, ch~d on all iteh~s.~nvolv~h~.~pen~itur~ of funds):
Funding available:~O ~ ~1 I~ ~ ~'
Funding altematives (if applicable): b," -
Account No. & Description 117-4169-572-63.40 Leon Weekes Scrub Trail,
Recreational Improvements ,, .
Account Salance-~,b--/, (¢~./, ~'~ ~z,~{' ~;/~/'/'/;r~;~;
City Manager Review: ~'/2~,~ ~? ~ :~/'7. O. ~//~ ;~
Approved for ageYida: ~/~/~OHold Until: ~"~'~"~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\97020~agreq818
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi ~'.~'c"~'~
Assistant Construction Manager
Date: September 16, 1998
Subject: AGENDA REQUEST for 9/22/98
Leon M. Weekes Environmental Preserve Improvements
Project No. 97-020
Attached is an Agenda Request for City Commission approval of award of contract to Regal
Contractor's Inc., for the construction of Leon M. Weekes Environmental Preserve project. The
park improvements consist of a new 30ft diameter covered gazebo with adjacent parking lot,
3,000sf child play area, landscaping and irrigation, and green vinyl coated fencing, constructed at
the northwestern area of the site. Mulched and concrete walking paths will be constructed within
the preserve area and fencing installed throughout the perimeter of the preserve. An alternate
was requested for standard galvanized chain link fencing in lieu of green vinyl coated fencing and
gate.
On Tuesday, July 28, 1998, the City opened bids for this project, with the lowest responsive
bidder being Regal Contractors Inc. with a base bid of $211,890.00. With the deduct alternate for
galvanized fencing, their bid is at $189,990.00. A review of the attached bid tabulation suggests
an award of base bid. A check of the contractor's references proved favorable.
Bid item #2, Child Play Equip./Area, covers only the play equipment installation and associated
site preparation, mulch bedding and timber edging. The purchase of the playground equipment
was to be on a separate contract. Since the time of advertisement, the option of purchasing this
equipment through a state contract seemed appropriate. Therefore, purchase of the equipment
will be through the SNAPS contract to Game-Time Equipment at a cost of $24,267.67, plus an
installation charge of $4,120.00, for a total of $28,387.67. In addition, a grant has been received
from the Solid Waste Authority for the play surface material. Consequently, this $16,000.00 line
item for the Child Play Equip/Area will be re-negotiated to account for this revision. The total cost
of the improvements should not exceed $236,157.67.
Staff recommends the City Commission approve an award of construction contract in the base bid
amount of $211,890.00 to Regal Contractor's Inc., for the Leon M. Weekes Environmental
Preserve project. Funding is available from 117-4169-572-63.40, Leon Weekes Scrub Trail,
Recreational Improvements, plus prior year surplus.
cc: Joe Weldon, Director of Parks and Recreation
Howard Wight, Deputy Director of Construction
File 97-020 (A)
s\...\97020\agmern922
THRU: DIANE DOMINGUEZ, DIRECTOR OF
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNEI~-~//~
SUBJECT: MEETING OF SEPTEMBER 22, 1998
REQUEST TO ESTABLISH A TEMPORARY PARKING LOT WITHIN THE CBD AT
THE SOUTHEAST CORNER OF PINEAPPLE GROVE WAY AND N.E. 2"u STREET
ASSOCIATED WITH A COMMERCIAL DEVELOPMENT KNOWN AS PINEAPPLE
TOWN, LOCATED AT THE SOUTHEAST CORNER OF PINEAPPLE GROVE WAY
AND N.E. 2"u STREET.
At its meeting of December 17, 1997, the Site Plan Review and Appearance Board (SPRAB) approved
a major site plan modification for the site subject to conditions. The modification included construction
of a 2,040 sq.ft, building addition between the three existing buildings; installation of a 5-space parking
area and associated landscaping and refuse areas. At its meeting of August 19, 1998, SPRAB
reviewed and approved a Class III site plan modification for the site which included elimination of the
approved 2,040 sq.ft, building addition; replacement of the approved building addition with a 6-space
temporary pea rock parking lot; conversion of the building at the northeast corner of the site from
retail/office to a restaurant, and installation of a 5-space asphalt parking area (permanent). The
request for approval of the temporary parking lot is now before the City Commission for action.
Conditions of approval relating to the temporary parking lot were that the lot be provided with a
perimeter barrier to contain the pea rock; and, that a paver block apron be installed at the entrance to
the temporary parking lot from the right-of-way line of N.E. 2® Street to the first parking space. A
revised site plan has been submitted addressing these conditions (copy attached).
LDR Section 2.4.6(H) (Temporary Use Permits, Temporary Parking Lot)
Pursuant to LDR Section 2.4.6(H), establishment of a temporary parking lot is subject to
approval by the City Commission. LDR Section 2.4.6(H)(3)(d)(1) states that a temporary parking
lot may be permitted within the portion of the Central Business District (CBD) which is
bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, and N.E. 2nd
Street on the north, and S.E. 2nd Street on the south.
The subject property is located on the south side of N.E. 2nd Street within the designated area
described above. The development proposal includes the installation of a 6-space pea rock temporary
parking lot on the north side of the property with access from N.E. 2nd Street.
The temporary parking lot spaces shall not be used to fulfill minimum off-street parking
requirements for new development or redevelopment, however they may be used to
supplement required parking.
The current development proposal does not require the installation of any parking spaces, however,
the proposal includes installation of a 5-space permanent parking lot and a 6-space temporary parking
City Commission Documentation
Meeting of September 22, 1998
Pineapple Town - Temporary Parking Lot
Page 2
lot. Thus, the temporary spaces are not needed to fulfill the parking requirements for this
development.
LDR Section 2.4.6(H)(4) states that the temporary parking lot site plan shall be reviewed and
recommended for approval by the Parking Management Advisory Board prior to submission to
the City Commission for consideration.
At its meeting of July 28, 1998, the Parking Management Advisory Board reviewed and recommended
approval of the temporary parking lot.
Permits for temporary parking lots shall be issued for a one-year period, Permits may be
renewed annually to a maximum of three (3) years upon review and positive recommendation
by the Parking Management Advisory Board. The temporary parking lot shall be monitored for
compliance with the approved plan. Should the City Manager find that the operation of a lot is
not in compliance or if the lot has an adverse effect on surrounding properties, and the
applicant is unable or unwilling to rectify the problem the permit may be reviewed by the City
Commission for revocation.
The applicant has stated that the temporary parking lot is being provided to help support the parking
demand of the proposed restaurant, as there are no on-street parking or public parking lots within this
area. While the time limit has not been specified, the temporary parking lot permit is only issued for a
one year period up to a maximum of 3 years. A condition of site plan modification was that the
applicant submit a landscape plan which indicates how the area will be landscaped once the
temporary parking lot is removed. A revised landscape plan has been submitted which indicates sod
will be installed.
The adopted Pineapple Grove Neighborhood Plan discourages parking lots adjacent to the street and
encourages new parking areas to be constructed in the rear of properties, behind the buildings. The
objective is to accommodate the construction of buildings adjacent to the streets/sidewalks, thereby
providing an urban streetscape and a pedestrian friendly environment. The proposed temporary
parking lot along N.E. 2nd Street is inconsistent with the Neighborhood Plan. The parking lot will not be
permanent and cannot exist for more than 3 years, provided yearly permit renewals are granted. The
parking lot will supplement the parking deficiency within this area, which could determine if the
restaurant will succeed. At this point it is important for the businesses to be established to continue
the revitalization that is occurring within the Pineapple Grove area.
Pineapple Grove Main Street Design Committee
At its meeting of June 23, 1998, the Pineapple Grove Design Committee reviewed the development
proposal. The Committee unanimously did not support the site plan modification primarily with regard
to the aspect of installing a temporary parking lot, based upon the following:
1. The proposal is inconsistent with the Pineapple Grove Neighborhood Plan which discourages
parking lots adjacent to the street and encourages new parking areas to be constructed in the rear
of properties behind the buildings. Buildings are to be located adjacent to the streets/sidewalks, to
provide a pedestrian friendly environment.
2. There was no clear justification for the installation of the temporary parking lot. They felt that it was
being installed to address a tenant's parking concern, therefore the parking lot may become a
City Commission Documentation
Meeting of September 22, 1998
Pineapple Town - Temporary Parking Lot
Page 3
permanent situation even though the temporary parking lot ordinance contains language regarding
time limitations.
3. There were traffic circulation and safety concerns with the installation of the dead-end parking area
adjacent to a busy intersection. If the parking lot is full, vehicles would be required to back-out
onto N.E. 2nd Street.
Although the Committee did not support the proposed temporary parking lot, it was the consensus that
if the parking lot was approved, 2 parking spaces should be removed to accommodate the required 24'
X 6' maneuvering area at the end of a dead-end parking lot. The plans have been revised to address
these comments (two of the 8 spaces that were originally proposed have been deleted).
Pineapple Grove Main Street Executive Committee
At its meeting of July 9, 1998, the Pineapple Grove Main Street Executive Committee reviewed the
request and their comments mirrored the Design Committees comments. As the temporary parking lot
is inconsistent with the Neighborhood Plan, the Executive Committee did not support the modification,
however, they endorsed a restaurant at this location.
Community Redevelopment Agency
At its meeting of July 23, 1998, the CRA reviewed and recommended approval of the site plan
modification request.
Downtown Development Authority
At its meeting of July 20, 1998, the DDA reviewed and recommended approval of the development
proposal with the condition that a landscape plan be submitted which shows the installation of the
landscaping once the temporary parking lot is removed.
Parkin~l Management Advisory Board
On July 28, 1998, the PMAB reviewed and recommended of approval of the request for the temporary
parking lot.
Approve the request to establish a temporary 6-space parking lot for Pineapple Town for one year,
subject to the provisions of LDR Section 2.4.6(H).
Attachment:: Site Plan
Community
Redevelopment
Agency
Delray Beach
September l 0, 1998
Mr. David T. Harden
City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear David,
In response to your letter of September 1, 1998, regarding the payback of the $90,000 advanced by the City
to Pineapple Grove Main Street, we offer the following:
1. The CRA has paid the City $22,143.23 as of this date.
2. Future payments, based upon assessed value in the Pineapple Grove Main Street, are estimated in
the enclosed five-year budget. As you can see, based upon our estimates, by the year 2003 we will
have paid the City the entire $90,000.
With respect to your inquiry as to whether the CRA Board would entertain assuming future obligations of
repayment for additional City contributions to Pineapple Grove Main Street, the matter would have to be
discussed at a CRA Board meeting for you to obtain an official response. However, from my point of view,
I would recommend not assuming any more obligations of repayment for several reasons. First of all, we
have estimated that an additional five years will be needed to pay off the current balance and secondly, we
just assumed a huge obligation with regard to Old School Square; a $30,000 annual repayment.
The CILh is very supportive of PGMS and hope once a new director is found that the beautification of NE
2nd Avenue can become a reality, a financial obligation which will be assumed by both the private property
owners and the public sector.
If you w/gd~] like me to discuss this with the CRA Board, please advise.
/ /
Christopher J. Brown
Executive Director
enclosure C~9 ~t~
cc: John Weaver, Chairman, Community Redevelopment Agency ~
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
PROJECT COST~ DOWNTOWN CORE IMPROVEMENTB: DOWNTOWN JOINT VENTURE & PINEAPPLE GROVE PA~E 14
A. Agey & Street ~rn;mvementa
1. NE 2nd. Avenue 1t8,600
3t8,600 100,000 100,000 100,000 100,000
B. Dcnwttom~ Joint Venture
1. Romotion 65,000 65,000 65,0O0 65,000 85,000
2. $1~eciat Events and/or M~t;atlng Program~ 10,000 10,000 10,000 10,000 10,000
3. Green Markat Contribution 10,000 5,000 5,000 5,000 5,000
4. Downtown $tgnege 5,000
90,000 80,000 80,000 80,000 80,000
C. ~lneappie Grove Main Street
t. Promotkm 15,000 12,500 10,000 10,000 10,000
~ ~ 2. P~yback to City 13,575 14,933 16,426 18,068 4,855
3. Plne~l~e Gro~e ~gplng Center & Other Grant
4, CRA & C~ Grant Match 25,000 25,000
5. Oth~ S,O~O 5,00~ 5,000 5,000 5,000
158,575 57,43~ 31,426 :~3,065 19,865
D. F _~c_ _-~'~_e Program
1. Facade ~rogram 50,000
50,000 0 0 0 0
TOTAL EXPENBF-.~ $817,175 ~237,433 $211,426 $213,068 $199,855
TOTAL REVENUES IN EXCE~ OF EXPEIt~E~ __ (296,575) (174,933) (148,925) (163,0e8) ._~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF SEPTEMBER 22, 1998
CHANGE ORDER ~i/DAVID BROOKS ENTERPRISES, INC. (LAKEVIEW
GOLF COURSE CLUBHOUSE)
DATE: SEPTEMBER 18, 1998
This is before the Commission to approve Change Order #1 in the
add amount of $26,820.00 and a time extension of 25 calendar days
with David Brooks Enterprises, Inc. for construction of the
Lakeview Golf Course Clubhouse project.
The change order reflects various owner-requested revisions,
architectural/engineer design revisions, and unforeseen
conditions. A brief description of each of the items is set out
in the attached memorandum from Mr. Majtenyi in Environmental
Services. Also attached is a memorandum from Mr. Barcinski with
his comments.
Funding will be from 446-4761-572-62.10 (Lakeview Golf Course -
Clubhouse Renovation).
Recommend approval of Change Order #1 with David Brooks
Enterprises, Inc. for the Lakeview Golf Course Clubhouse project.
ref:agmemol3
Agenda Item No. ~ ·
AGENDA REQUEST
Date: September 16, 1998
Request to be placed on:
X Regular Agenda
~ Special Agenda
__ Workshop Agenda When: September 22, 1998
Description of item (who, what, where, how much): Staff request the City Commission
approve Change Order #1 in the amount of $26,820.00, and a time extension of 25 calendar
days, to the construction contract with David Brooks Enterprises, Inc., for the construction of the
Lakeview Golf Course Clubhouse project. This Change Order reflects vadous Owner requested
revisions, Architectural/Engineer Design revisions, and Unforeseen Conditions as summarized on
Exhibit A of the attached change order. Funding is available from the Lakeview Golf Course
account No. 446-4761-572-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Change Order #1 in the
amount of $26,820.00, and a time extension of 25 calendar days, to the construction contract
with David Brooks Enterprises, Inc., for the construction of the Lakeview Golf Course Clubhouse
project. ~~ ~.~
Department head signature: -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r,~d on all items involving expenditure of funds):
Funding availabl · Y~/NO
Funding alternatives (if applicable):
Account No. & Desc. ription 446-4761-572-62.10 Lakeview Golf Course, Buildings
Account Balance ~,~
City Manager Review: "
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9565~agreq922
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi~
Assistant Construction Manager
Date: September 16, 1998
Subject: AGENDA REQUEST (09/22/98)
Lakeview Golf Course Clubhouse Construction
Project No. 95-065
Attached is an Agenda Request for City Commission approval of Change Order #1, in the amount
of $26,820.00 to David Brooks Enterprises, Inc., for their work on the Lakeview Golf Course
Clubhouse Project. A list of items with a brief description of each is presented below. Also
attached is Change Order #1 with Exhibit "A".
Owner requested revisions: (numbers correspond to GC's requests)
Irrigation: An allowance of $10,000 was recommended by the
landscape architect as sufficient for an independent, electrically
controlled system around the clubhouse and parking areas. After
award, owner prefers to tie into existing system using hydraulic
controllers. This is the amount in excess of allowance. $3,096.00
21. Welded Wire Fabric: Plans indicate a 2-1/2' high wire welded fabric
with steel frame, between the canopy and stemwall, around west and
south perimeter of new cart barn. Due to difficulties in obtaining the
specified material, wire welded fabric with steel frame, staff entertained
the option of using black vinyl coated chain link fencing and associated
components. This is a credit for using fencing in-lieu of metal fabric. ($3,658.00)
23. Dump Fee: The Utility Contractor performing the storm drainage work
used the dumpster, paid for by the General Contractor, to dispose of
removed vegetation. City hired Utility Contractor will be back-charged
for this expense. $269.00
A. Soil Testing: Cost of soil and concrete testing is owners responsibility;
for only those tests producing acceptable results. This is a credit for
tests resulting in failures. ($244.00)
Sub-total Owner requested items ($537.00)
Lakeview Clubhouse, Change Order ti 1, Agenda Request
Page 1 of 3
Architect/Engineer Design revisions:
2. Electrical Power Revisions: Plans as advertised, did not show the
FPL transformer in conflict with the proposed foundation wall; this was
addressed later in an addendum. When FPL was notified of this
conflict, they informed us that they could not relocate the existing
transformer pad until the end of August or early September; they have
a 8 to 10 week scheduling period. Also, power to the Maintenance
Building was from the panel at the former clubhouse, with no provisions
on the plans for a future power source to this building after the
clubhouse demolition. Since these conditions would greatly impact our
schedule in opening the facilities by Thanksgiving, the design engineer
produced an alternate design that would minimize the delay and
address future power to the Maint. Bldg. This item covers the cost for
labor, materials, and gear, for installing a new service gutter to the
Maint. Bldg. from the pole mounted FPL transformer, and separate
disconnects for the Maint. Bldg, future Clubhouse, and future
temporary pro-shop trailer. $6,238.00
5. Surveying: The Specifications and the General Conditions conflict in
addressing the responsibility for surveying. This amount is an
allowance. $2,000.00
6. Insurance: The General Conditions are not clear as to who is
responsible for providing Builders Risk Insurance. This is a split of the
cost of the premium for this coverage. $1,579.00
13. Storm Panels: Specifications do not clearly address the installation of
storm panels to the store front doors into the building. This is the cost
to provide storm panels to these doors. $516.00
15. Floor Insulation: Cost for adding insulation to the floor joists in
providing thermal protection from the basement, as well as a sound
barrier. Not addressed on the plans. $1,115.00
20. Basement Ceiling: Building Dept. permit review required basement
ceiling under clubhouse to be upgraded from a 1 hour fire rated ceiling
to a 2 hour fire rating. This amount reflects the cost of this upgrade. $4,779.00
Sub-total AlE Design items $16,227.00
Unforeseen Conditions:
3 & 22. Time Delays: "Notice to Proceed" was issued on 29Jun98. Due to
numerous items from Building Dept. permit review requiring A/E
clarifications, permit was not issued for 2 weeks after NTP. Even with
the electrical power revisions in an effort to reduce delays, FP&L did
not remove the pad mounted transformer under the northwest
foundation wall for 24 days after NTP. This is a negotiated amount,
reflecting non-production time, for resources that GC could not devote
to critical path items due to the above mentioned delays. $5,000.00
Lakeview Clubhouse, Change Order # 1, Agenda Request
Page 2 of 3
8. Stemwalls: During excavation, the southwest and northwest stemwalls
were discovered to be in poor structural condition. This cost is for labor
and materials in reconstructing these masonry walls. $862.00
16. Parking Lot: The existing north parking lot had areas that were found
to be in worse condition than anticipated; just overlaying the parking
area would not have produced acceptable results. This cost is
for reconstructing those deteriorated areas of the parking lot. $5,268.00
Sub-total Unforeseen Conditions $'11,130.00
Total additions $30,722.00
Total credits ($3,902.00)
Total for Change Order #1 $26,820.00
In consideration for time delays incurred from the permitting process and from Florida Power &
Light, and for additional work regarding the items listed above, staff negotiated a lump sum time
extension of 25 calendar days to the contract. This time extension will have minimal impact on
keeping with the scheduled opening of the clubhouse by Thanksgiving.
Staff recommends City Commission approve Change Order #1 in the amount of $26,820.00, and
a time extension of 26 calendar days, to the contract with David Brooks Enterprises, Inc., for
the construction of Lakeview Golf Course Clubhouse. Funding for this Change Order #1 is
available from the Lakeview Golf Course Account No. 446-4761-572-62.10.
cc: Bob Barcinski; Assistant City Engineer
Dick Hasko; Director of ESD
Howard Wight; Dir. Of Construction
Brahm Dubin; Dubin & Associates
09/22/98 Agenda file
Project File 95-065 (A)
Esd... \9565\agmem922
Lakeview Clubhouse, Change Order # 1, Agenda Request
Page 3 of 3
CITY OF DELARY BEACH
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
NI-AmericaCity
1993 TO: David T. Harden, City Manager
FROM: ~~obert A. Barcinski, Assistant City Manager
DATE: September 18, 1998
SUBJECT: Change Order #1 Lakeview Clubhouse
I have reviewed the change order and concur with most items. The following comments
are provided concerning this change order:
Owner Requested Changes
Irrigation Controls - Golf Course staff requested this change and I concurred. The staff
is experienced in the maintenance and repair of hydraulic systems. The electric control
system around the Clubhouse at the municipal course have not been reliable and our staff
has had to call in outside assistance. I think the long term savings in maintenance and
repair will offset these costs.
Architect/Revisions
I have a concern with the City bearing all of the costs for items #5, #6, #13 and #15.
Although we pushed the architect to get the specifications done in a shorter time frame, I
think these are items the architect should have caught and should share in at least part of
the costs.
cc: Howard Wight, Construction Manager
RAB/dr
U:RANGEL/RAB
Lakeview.mem
THE EFFORT ALWAYS MATTERS
Printed on Recyclecl Paper
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1) PROJECT NO. 95-065 DATE: September 22, 1998
PROJECT TITLE: Lakeview Golf Course Clubhouse Proiect
TO CONTRACTOR: David Brooks Enterprises, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of various
revisions to the plans and specifications to the Lakeview Golf Course Clubhouse proiect, as itemized on
Exhibit A attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $503,700.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $503,700.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 26,820.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $530,520.00
PER CENT INCREASE THIS CHANGE ORDER 5.32 %
TOTAL PER CENT INCREASE TO DATE 5.32%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 25 CALENDAR DAYS TO 11/16/98
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the prices quoted are fair and reasonable and in
proper ratio to the cost of the original work contracted for under benefit of
competitive bidding.
CONTRACTOR SIGNATURE (ARCHITECT)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 446-4761-572-62.10.
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
CITY A'I-rORNEY CITY CLERK
s:\...\95065\col
Environmental Services Department
Lakeview Golf Course Clubhouse
Project 95-065
Change Order Summary
Owner I Status/
Unforeseen A/E Design Requested Approved Days C.C.#
Item # Description Conditions Revisions Revisions Amt Apprd
2 Electrical revisions to main power $ 6,238.00 $ 6,238.00 0 1
distribution due to FPL's scheduling
relocation of pad mtd transformer) and
additional power requirements to the Maint.
Bldg; includes installation of dist. pnl&
disconnects to Maint. Bldg, temp. trailer, and
conduits from pole mtd transformer.
3 ~ime extension and su~e~i~i~ flmel d~la~ $ 510001:0¢ $5100000 0 1
due to not obtaining permit from time of NTP
I:or 14 days.
22 Delay expenses due to transformer not
removed by FPL for 24 days.
4 Irrigation allowance; the amouni ihat $ 3,0960(3 . _~, n'q~___.__nn 0
exceeds the alowance, plus expenses;
includes owner's request for a hydraulic
system.
5 Sureying work that is not clearly defined in $ 2,000.00 $ 2,000.00 0 1
contract. This is an allowance; not to be
exceeded.
II
6 Builders Risk Insurance: not clear in specs $ 1,579.00 $ 1,579.00 0 1
as to who provides, this amount reflects the
split between Contractor and City.
8 Southwest and northwest stemwalls were $ 862.0(: $ 862.00 0 1
[ound in poor condition during excavation.
Needed to demo and reconstruct walls.
13 Hurricane panels for storefront entry doors. $ 516.00 $ 516.00 0 1
15 InStallation of R-19 insulation towood floor $ 1,115.00 $ 1,115.00 0 1
oist for sound and thermal protection.
: ,
16 Repairs t° existing north parking lot and $ 5,268.0¢ $ 5,268.00 0 1
revisions to grades on the new south
parking lot.
20 Plan Review comment; basement ceiling $ 4,779100 $ 4,779.00 0 1
needs to be 2hr fire rating instead of I hr.
Page 1 of 2
Environmental Services Department
Lakeview Golf Course Clubhouse
Project 95-065
(3,658.00)
fence in lieu of wire welded fabric.
contractor for drainage work filled
dumpsters, paid for by GC, with vegetation.
This will be back-charged to City hired Utility
:ontractor.
Credit for failed soil densities.
iii!i!
Time extension for all changes encountered
to date.
Pending Changes $ 11,130.00 $ 16,227.00 $ (537.00)
Total of Pending Changes $ 26,820.00
Total of Pending Calendar Days 25
Total Change Order #1 $ 26,820.00 ~
Total Calendar Days, C.O. #1 25
Page 2 of 2
[ITY OF I]ELRAY BE;I[H
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7~1
lll,~ca Ci~
TO: City
1993
FROM: Susan A. Ruby, Ci~ Atto~ey
SUBJECT: Cla~ of Mau~ Ivy
Se~lement Demand and Appointment of Outside Cou~l
The Ci~ A~orney's office has received a settlement demand in ~e above cla~ in ~e
amount of $250,000.00. Our office s~ongly reco~ends ~at this settlement demand be
rejected by ~e Ci~ Co~ission.
The cla~ stems from an incident ~at ~cu~ed in September of 1996. ~e cla~ant
alleges that a foyer police officer, while effec~ating an a~est for purse s~tch~g,
battered the suspect by ~pped Mr. Ivy wi~ his police revolver and by using abusive
lan~age. The o~cer was te~i~ted ~om ~e Ci~'s employment. The demand letter
asseas cla~ for negligent retention and negligent or intentional inflection of emotio~l
distress.
Because of a conflict, our office requests that Kent Pratt of Gaunt, Pratt, Radford &
Methe, P.A. be retained at $100.00 per hour to represent the City in this case. Our
office also seeks appointment of Fred Gelston of Damsel & Gelston, P.A. to be retained
at $100.00 if the former officer is named in the litigation and it is determined a defense
must be provided by law.
By copy to David Harden, our office requests that this settlement demand and
appointment of outside counsel be placed on the September 22, 1998 City Commission
agen~
SAR:j'~
cc: David Harden, City Manager
Chief Richard Overman, Delray Beach Police Department
Alison Harty, City Clerk
Kent Pratt, Esq.
Fred Gelston, Esq.
Steve Hanzman, Gallagher Bassett Services, Inc.
Frank Babin, Risk Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~l
SUBJECT: AGENDA ITEM'~/E- REGULAR MEETING OF SEPTEMBER 22, 1998
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: SEPTEMBER 17, 1998
The term for Robin Preston (resident member) on the Delray Beach
Housing Authority expired on July 14, 1998. Ms. Preston has
served one term. She is eligible for reappointment and would
like to be considered. A letter from Dorothy Ellington,
Executive Director 'of the Housing Authority, in this regard is
attached.
Per statute, an appointee may not be an officer or employee of
the City. Further, each housing authority must have at least one
member who is a resident, current in rent, of the housing project
or a person of low or very low income who resides within the
housing authority's jurisdiction and is receiving rent subsidy
through a program administered by the authority.
The following have submitted applications for consideration as
the resident member:
Raymond Orr
Robin Preston
Pursuant to Commission direction, a check for code violations and
municipal liens was conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor
and ratified by the Commission. However, at the City Commission
meeting of June 5, 1991, a consensus was reached whereby each
Commissioner would, on an informal basis and according to the
rotation procedure, make a recommendation to the Mayor as to
Housing Authority appointees. This recommendation for
appointment will be made by Commissioner Egan (Seat #2).
Recommend appointment of a resident member to the Delray Beach
Housing Authority for a four (4) year term ending July 14, 2002.
ref:agmemo6
DELRAY BEACH HOUSING AUTHORITY
~ ~70 $.W. 12th TEP,/tAC£ * DELRA¥ BEACH. ~'LOI/IDA 33444.1:~6 * r$61 ~ 272.~:,766 -- FAX: ,.561,272.7552 -- TDD:
Jay Alperin, Mayor
City of Delta), Beach
100 NW 1st Avenue
Dclray Beach, Florida 33444
ICE: Robie Prestoe, Delray Boob ~oe~ia~ ~mbo~ty Board A~eedaace Repo~
~ar Mayor Alpcrin:
This is ~o ~ you of the a~end~ record for Robi~ P~ston. ~ Delray B~ach Housing Authori~"s
La~ s ~ Attic le HI, Section 7 require notification ot'~e b4ayor ~'hen a Commissioner h~ been ab~nt for more
than three ~o~m~ e meetings or a total of six meetings witl~out excuse reasonabl), acceptable to the
Chairmm~.
A revi~-w of Ms. Prestons att~ce revealed ~e following:
Regtdar Meetings. Absellt sin~e J~u~' s~ times, (Janus'. M~ch, April J~e. July. Au~ust~
Special M~tings - Absc~t ~ree ~imes (May 19, May 28 ~d ~une 25).
Pk'~e note that I spoke with Ms. Prcs~o~ on August 12 ~o de~cm~ine her interest in se~.ing ~d she explai~ed
U~at she' d~ou~t Ihat b~se her ~en~ w~ up she could no longer a~end ~e meetings. Sh~' indicated ~al she
,~ould like u~ be reap~inted.
If ~,~u have qu~.stions re~rding thia ~ pl~sc con~ac~ me directly.
Sin~'erely,
Dorothy Eilin~qon
Ex~utive Director
DE
Copy: Bo~d of Commissioners
Alison H~y, C~ Clerk
'. "F.~ucaziozufl qualifications: .......
...~. , /4/~, S ~~& ~~_ ,
9. LJsx any rel~ professio~ ~~ons ~ h~s ~,~c~ you hold:
10~ Give yom'pr~ or m~ m~ employs. ~d ~slgOm ....
~'~ ~ ~ ~.~ ......
/j ¢~ ~ ~ 2,'~ 4.-~ ~ ~ ~ ~ ,.
(LEG~- ~SIDE~C~)
,,, &~~
LZST ALL CITY ~OA~D$ ON ~IICH YOU ARE CURiL~TL¥ SERVING O~ HAVE PREVIOUSLY
SERVED (Please include da~es)
EDUCATIONAL QUALTFIZ~ATIONS ...
LIST ANY RELATED PROFESSIONAL CZItTIFICATION8 AND LICENSES WHICH YOU HOLD
.............
gIVE YOUR PP~$ENT, OR I~0ST RECENT EY~LO~E~, AI~ POSITION
YOU SERVE ON THIS
D~.SCRIBE EXPERIENCES+ S~ILL~ OR ~O~GE ~CCH QU~I~ TO
PL~E A~A~ A BEI~ ~S~,
~~ ~T ~ ~SSTA~ OF ~TXR~ FACTS C0~AI~ IN ~IS ~PLI~-
} .~ '~" TION ~Y ~USE FO~EZ~ ~ON ~ P~T OF ~ ~POI~ I ~Y ~CEI~.
MEMORANDUM
TO: Commissioner Kevin Egan
FROM: Alison Harty, City Cler~
SUBJECT: Appointment of Resident Member to the Delra¥ Beach
Housinq Authority
DATE: September 15, 1998
At the August 18th meeting, your appointment (recommendation to
the Mayor) of a resident member to the Delray Beach Housing
Authority was deferred to give us some time to find an acceptable
applicant. The only application we had on file was from Robin
Preston, the previous incumbent, whose term had expired and who
had problems with attendance.
On Friday, September llth, we received the attached application
from Mr. Raymond Orr by fax from Dorothy Ellington. Knowing you
were out of town and would not have time to review the
application before tonight's meeting, I held off on scheduling
the appointment.
If, after reviewing Mr. Orr's application and perhaps speaking
with Dorothy at the Housing Authority, you are comfortable with
making the recommendation for appointment, please let me know and
I will schedule it for the September 22nd meeting.
Thank you.
AMH/m
Attachment
cc: Mayor and City Commissioners
DELRAY BEACH HOUSING AUTHORITY
770 S.W. 12th TERRACE · DELRAY BEACH, FLORIDA 33444-1396 · f561) 272-6766 -- FAX: (561) 272-7352 -- TDD: {561) 265-1434
Jay Alperin, Mayor
Ci~ of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
~: Robin Preston, Dclray Beach llousiag,~uth,~ri?y Board l~cn~ance Report
Dear Mayor Alperin:
~is is to info~ you of~e a~endance record for Robin Preston. ~e Delray Beach Housing AuthoriW's By-
Laws at Aaicle III, Section 7 require notification of the Mayor when a Commissioner has been absent for mom
than three consecutive meetings or a total of six meetings without excuse reasonably acceptable to the
Chairman.
A reviexv of Ms. Prestons a~endance revealed the following:
Regular Meetings - Absent since Janua~ six times, (Janua~, March, April, June, July, August)
Special Meetings - Absent three times (May 19, May 28 and June 25).
Please note that I spoke with Ms. Preston on August 12 to dete~ine her interest in se~ing and she explained
that she thou~t that because her tern was up she could no longer a~end the meetings. She indicated that she
would like to be reappointed.
If you have questions regarding this repo~, please contact me directly.
Sincerely, ' ~
Executive Director
DE .. ~ I~-
Copy:Board of Commissioners
Alison Ha~, CiW Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITYMANAGER
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF AUGUST 18, 1998
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: AUGUST 12, 1998
The terms for Thaddeus Cohen, Michael Wright and Robin Preston
(resident member) expired on July 14, 1998. Both Mr. Cohen and
Mr. Wright were appointed to fill unexpired terms. They are
eligible and would like to be considered for reappointment. Ms.
Preston, the resident member, has served one term. She is
eligible for reappointment and would like to be considered. A
letter from Dorothy Ellington, Executive Director of the Housing
Authority, in this regard is attached. Further, Barbara Brown
submitted her resignation from the Housing Authority in July,
1998, creating an additional vacancy to fill her unexpired term
ending July 14, 2001.
Per statute, an appointee may not be an officer or employee of
the City. Further, each housing authority must have at least one
member who is a resident, current, in rent, of the housing project
or a person of low or very low income who resides within the
housing authority's jurisdiction and is receiving rent subsidy
through a program administered by the authority.
The following have submitted applications for consideration:
Thaddeus Cohen (incumbent)
Dwayne Jackson (incumbent Pompey Park Advisory)
George Maso Jones
Robin Preston (incumbent resident member)
Tommy Stevens
John Tallentire (incumbent Civil Service Board)
Michael Wright (incumbent)
Pursuant to Commission direction, a check for code violations and
municipal liens was conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor
and ratified by the Commission. However, at the City Commission
meeting of June 5, 1991, a consensus was reached whereby each
Commissioner would, on an informal basis and according to the
rotation procedure, make a recommendation to the Mayor as to
Housing Authority appointees.
Based on this system, the appointments will be made as follows:
Mayor Alperin (Seat #5)
Commissioner Schmidt (Seat #1)
Commissioner Egan (Seat #2) (resident member)
Commissioner Ellingsworth (Seat #3 is to make the
recommendation to fill the unexpired term created by Barbara
Brown's resignation.
Recommend the appointment of four (4) members to the Delray Beach
Housing Authority (three, including the resident member, to
4-year terms ending July 14, 2002, and one to fill an unexpired
term ending July 14, 2001).
ref:agmemo6
.~z:~ L)~LRAY BEACH HOUSING AUTHORITY ID-~5612727352 P.O2
DELRAY BEACH HOUSING AUTHORITY
~ '~70 S.V,'. 12th TEt~AC£ ·DEi. R,A¥ BI~ACH. I~'LOI{IDA 33444.1:~¥ · '~61,2?2-6?66 -- FAX: ,56~,
August 12. 1998
Jay Alperin, Mayor
City of Deltay Beach
I00 NW 1st Avenue
I)clray Beach, Florida 33444
ILK: Robin ~re,~ton, Deh~y l~ench liou~ing AIItbority ~oard A~endance Repo~
D~ar Mayor Alpcrin:
Th is is to info~ you of the auend~c~ record for Robin P~s~on, Thc Delray B~ach }lousing Authori~"s By-
Law s at Article 111, ~ection 7 r~quire notification ofd3e Mayor ~'hen a Commissioner h~ been absent lZw more
than three conse~ufix~ meetings or a total of six meetings without excuse reasonably acceptabl~ m thc
Chairmm~.
A review of Ms. Prestons atten~ce r~v~aled ~e iollowing:
Regular Meetings - Absent since J~m~' six times, (Janus'. M~ch, April. J~e. July. August ~
Special Me,tings - Absent ~ree times (May 19, May 28 ~d June 25),
Please note that ! spoke with Ms. Preston on August 12 to determine her interest in se~.ing m~d ~he ~xplained
d~at sh~- d~ou~ ~hat b~su her term w~ up she ~ould ao longer aaend ~ meetings. She indicated that she
,~ould li~e to be ~'eappointed.
If you have questions regarding thi~ repo~ please contac~ me directly.
Sincerely,
Dorothy Eilinbnon
Ex~uti~'~ Director
DE
Copy: Bo~d of Commissioners
Alison Hazy, C~ Clerk
~97-28-98 1i:49 DELRAY BEACH HOUSING AUTHORITY ID=5612727G52 P.(32
DELRAY BEACH HOUSING AUTHORI'IY
770 S.W. 12th/'kiP. RACE · DELRAY BEACH. FLORIDA 33444.1:396 · ,561, 272.6766 -- FAX: ,561) 272-7:]02 - TDD: (561,265-1434
July 14, 1998
.Mr. Jay'Alperin, Mayor
City of D¢lray Beach
100 Northwest Firs~ Avenue
Delray Beach, Florida 33444
Dear Mayor Alperin:
It is with re_k-ret that I resign fi.om the Delray Beach Housing Authority Board of Comn issioners,
el-l'ective at the end of'Wednesday, July ]5, 1998,
l't has been a rew-arding and challenging experience. 1' appreciate tile time spent with stal-~] clients and
fellow' commissioners. I am more aware and sensitive to the complexities of housing isst es.
The good ne~.,,,s is with the outstanding effoct and work done, we are on our way to be; orrting an
excellent Housing Authority.
! intend to continue my involvement as possible and especially in seLf-sufficiency projects
Sincerely
~.~R.B.~,.A BROWN
Cor~m'fi~sioner - Delray Beach Housing Authority
cc: Board of Commissioners Dorothy Ellmgton
nl
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:. CITYMANAGER~'t
SUBJECT: AGENDA ITEM ~.- REGULAR MEETING OF SEPTEMBER 22, 1998
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: SEPTEMBER 18, 1998
Anne Hoctor has submitted her resignation as a regular member on
the Board of Adjustment, creating a vacancy to fill her unexpired
term ending August 31, 2000.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the
city.
The following have submitted applications for consideration:
Barbara Brown
Bernard Federgreen
Craig Jackson
Leo Koppman
Benjamin Ricker
Randee Schatz
Roger Simon
Gregory E. Young
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
The appointment will be made by Commissioner Schmidt (Seat #1).
Recommend appointment of a regular member to the Board of
Adjustment to fill an unexpired term ending August 31, 2000.
ref:agmemo3
September 10, 1998
Ms. Barbara Garito
Deputy City Clerk
City of Delray Beach
100 NW First Ave.
Delray Beach, FL 33444
Dear Ms. Garito,
I regret to inform you that I will not be eligible to serve on the Delray Beach Board of Adjustment in the
coming year. I will be moving to Boynton Beach on September 25, 1998.
It was pleasure to serve the city of Delray Beach, and I will miss the opportunity to participate on the
Board of Adjustment. Thank you for giving me that opportunity.
Anne Hoctor
NAME Gregory E. Young
1340 NW 3rd Avenue, Delray Beach, FL 33444
~OME ADDRESS (S~reec, City, Zip Code) (LEGAL RESIDENCE)
250 Royal Palm Way, Suite 300, Palm Beach, FL 33480
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) ~/
.o.z eoNs 561- 4a- n BUSINESS PHONE
ON %~{AT BOARDS ARE YOU INTERESTED IN SERVING ~Dow~town Development
Authority. Education Board~ Histori~ Pr~K~on Board. .
Plannin~ and Zonin~_B~ard, Site Plan Review and ApDearance
Board ~$o CDA~E/Df~ ~o~ ~D ~F ~O~M6NT- ~//?I~F~.
LIST ALL CITY BOARDS ON W~ICH YOU ARE CURR£NTLY SERVING OK HAVE PREVIOUSLY
SERVED (Please include dates)
Lexington~Fayette Urban ¢ounty_G~_vernment (Kentucky) Board of
Architechural Review
EDUCATIONAL QUALIFICATIONS B.S. in Business Finance (history minor)-
University of Kentucky, 1986; J.D. in Law, University of
Kentucky, College of Law, 1989
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES W~ICH YOU HOLD
Member: The Florida Bar, Kentucky Bar Association, American Bar
Association
GIVE YOUR PRESENT, 0R MOST RECENT EMPLOYER, AND POSITION Edwards &
Angell - Attorney
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE W~ICH QUALIFY YOU TO SERVE ON THIS
BOARD
I am a Practicing ~ea_l_ estate and business transaction attorney
~th kno~!e~g9 ~n cgn~tructicn and !cc~! ~e_vernmegt from the
_ prgcti~qe~'s perspective. I .also care ye~y much for the City
of Delra¥ Beach and its ongoing well-being.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAX CAUSE FORFEITURE UPON M%' PART OF ANY APPOINTMENT ! MAY RECEIVE.
6/90
EDWARDS & ANGI LL
Gregory E. Young
Associate, Palm Beach Office
· Main Practice Areas: Corporate Law and Real
Estate Law
· Admitted: Florida and Kentucky
Gregory E. Young is an experience transactional and corporate lawyer with particular expertise
in real estate transactions. Greg joined Edwards & Angell in 1995 after spending several years as
a sole practitioner. Belbre residing in South Florida, Greg was an associate with the firm of
McBrayer, McGinnis, Leslie & Kirkland in Lexington, Kentucky.
Greg's prima~ practice has included the representation of a variety of entities in developers,
owners and contractors, real estate transactions and project development. He represents domestic
and foreign companies, entrepreneurs. "closely held" companies, venture capital companies and
lenders in corporate organization and start-up, commercial transactions, mergers and acquisitions
and general corporate consultation. Greg is a member of Edwards & Angell's Venture Capital
and Emerging Companies group and Corporate group.
Representative Transactions
· Representation of real estate developers and owners of government assisted housing.
commercial (office and retail) property, pud's and residential subdMsions including acquisition
and financing·
· Representation of general contractors, subcontractors and suppliers in the construction and
renovation of commercial and "high-end" residential proper~y.
· Representation of owner/investors on the start-up and acquisition and lbr general corporate
representation of service, manufacturine and retail ooino concerns.
· Representation of lending institutions for commercial loans and in foreclosure and workout
arrangements.
PublicationsAYpeech es
Greg has moderated legal education seminars on real estate law and presented and written
speeches on behalf of candidates for public office in Kentuckv.
Profession al ,4ffiliations
.3anerican Bar Association
Ihe Florida Bar
Kentucky Bar Association
Palm Beach County Bar Association
Favette County Bar Association
CommuniO, Involvement
Gold Coast Venture Capital Club
Arthritis Foundation for Mid-East Florida
Delray Beach Sea Turtle Watch
Education
University of Kentucky, B.S. (Finance), 1986
University or'Kentucky, College of Law, J.D., 1989
MEMORANDUM
TO: MAYOR AND CITYC~MMISSIONERS
FROM: CITY MANAGER ~/!
SUBJECT: AGENDA ITEM /0~- REGULAR MEETING OF SEPTEMBER 22, 1998
RESOLUTION NO. 61-98 (MILLAGE LEVY ON ALL PROPERTIES IN
THE CITY)
DATE: SEPTEMBER 18, 1998
Resolution No. 61-98 levies a tax on all properties in the City of
Delray Beach for FY 1999 as follows:
6.91 mills for operation and maintenance of the General Fund
0.79 mills for the payment of principal and
interest on bonded indebtedness
7.70 mills Millage rate
The millage rate of 7.70 mills is one-tenth of a mill less than FY
1998. The rolled back rate calculated under the TRIM law for
operating purposes is 6.61 mills. The millage rate is 4.54% above
the rolled back rate.
Pursuant to the City's Charter and TRIM requirements, a public
hearing must be held prior to the adoption of the resolution.
Recommend approval of Resolution No. 61-98.
ref:agmemol9
RESOLUTION NO. 61-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY
A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $6.91 per one thousand dollars
($1,000.00) of assessed valuation is hereby levied on all taxable
property within the City of Delray Beach for the fiscal year
commencing October 1, 1998, and ending September 30, 1999. There
shall be and hereby is appropriated for the General Fund operations
of the City revenue derived from said tax for operating and
maintenance expenses of the General Fund, and also in addition, all
revenues derived by said City during said fiscal year from all other
sources other than the tax levy for current bond service and that
part of collection of delinquent taxes levied for bond service. The
assessed valuation on all taxable property for operating purposes
within the City of Delray Beach is $2,974,383,492. The operating
millage rate of $6.91 per one thousand dollars ($1,000.00) exceeds
the rolled-back rate of $6.61 per one thousand dollars ($1,000.00) by
4.54%. The aggregate millage rate, including the Downtown
Development Authority Taxing District, exceeds the aggregate
rolled-back rate by 6.03%.
Section 2 That the amount of money necessary to be raised
for interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is
$2,233,280. There is hereby appropriated for the payment thereof,
all revenues derived from the tax levy of $0.79 per one thousand
dollars ($1,000.00) of assessed valuation, which is hereby levied for
that purpose for the fiscal year commencing October 1, 1998, and
ending September 30, 1999, upon the taxable property of the City of
Delray Beach, the assessed valuation being $2,974,383,492.
Section 3. That the above millage rates are adopted
subject to adjustment in accordance with Section 200.065(5) of the
Florida Statutes which provides that a municipality may adjust its
adopted millage rate if the taxable value within the jurisdiction of
the taxing authority as certified pursuant to Section 200.065(1) is
at variance by more than one percent (1%) with the taxable value
shown on the assessment roll to be extended.
Section 4. That public hearings were held on the proposed
budget on Septe~er 15, 1998, and Septe~er 22, 1998.
PASSED AND ~OPTED in regular session on this the 22nd day
of Septe~er, 1998.
ATTEST:
City ~erk '
- 2 - Res. No. 61-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMg2XlAGER~
SUBJECT: AGENDA ITEM/0d~ J REGULAR MEETING OF SEPTEMBER 22, 1998
RESOLUTION NO. 62-98 (MILLAGE LEVY ON ALL PROPERTIES IN
THE DDA TAXING DISTRICT)
DATE: SEPTEMBER 18, 1998
Resolution No. 62-98 levies a tax in the amount of 1.00 mill on
all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 1999. This millage
exceeds the 0.85 rolled back rate calculated under the TRIM law by
17.65%.
A copy of the DDA's Certification of Taxable Value is attached,
along with a copy of the DDA budget for FY 1999.
Recommend approval of Resolution No. 62-98.
ref:agmemo21
RESOLUTION NO. 62-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $1.00 per one thousand dollars
($1,000.00) of assessed valuation is hereby levied on all taxable
property within the Downtown Development Authority Taxing District of
the City of Delray Beach for the fiscal year commencing October 1, 1998,
and ending September 30, 1999. There shall be and hereby is
appropriated for the purpose of financing the operation of the Downtown
Development Authority Taxing District revenue derived from said tax for
operating and maintenance expenses of the Downtown Development Authority
Taxing District, and also in addition, all revenues derived by said
Taxing District during said fiscal year from all other sources other
than the tax levy for current bond service and that part of collection
of delinquent taxes levied for bond service. The assessed valuation on
all taxable property for operating purposes within the Downtown
Development Authority Taxing District of the City of Delray Beach is
$121,590,024. The operating millage rate of $1.00 per one thousand
dollars ($1,000.00) exceeds the rolled-back rate of $0.85 per one
thousand dollars ($1,000.00) by 17.65%.
Section 2. That the above millage rate is adopted pursuant to
Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in
accordance with Section 200.065(5) of the Florida Statutes which
provides that each affected taxing authority, other than municipalities,
counties, school boards, and water management districts, may adjust its
adopted millage rate if the taxable value within the jurisdiction of the
taxing authority as certified pursuant to Section 200.065(1) is at
variance by more than three percent (3%) with the taxable value shown on
the assessment roll to be extended.
Section 3. That public hearings were held on the proposed
budget on September 15, 1998, and September 22, 1998.
PASSED AND ADOPTED in regular session on this the 22nd day of
September, 1998.
w City C~k
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM/~.~ REGULAR MEETING OF SEPTEMBER 22, 1998
RESOLUTION NO. 63-98 (FY 1999 BUDGET) & APPROVAL OF FIVE
YEAR CAPITAL IMPROVEMENT PLAN
DATE: SEPTEMBER 18, 1998
Resolution No. 63-98 makes appropriations of sums of money for all
necessary expenditures of the City for fiscal year 1999. The
appropriations are set forth in Exhibit "A" to the resolution.
Pursuant to the City's Charter and TRIM requirements, a public
hearing must be held prior to the adoption of the budget.
Recommend approval of Resolution No. 63-98 adopting the City's
budget for FY 1999.
As a related item, Commission is asked to approve the Five Year
Capital Improvement Plan for fiscal years 1999 through 2003 and
the Capital Improvement Budget.
The Capital Improvement Plan (CIP) is a listing of the projects
with capital expenditures over $25,000 which the City plans to
initiate over the next five fiscal years. The Capital Improvement
Budget (CIB) is the first year of that plan to which the City
Commission will commit as part of the adopted annual budget.
On September 14, 1998, the Planning and Zoning Board, as Local
Planning Agency, formally reviewed the Capital Improvement Plan
and Capital Improvement Budget as required by the Capital
Improvement Element of the Comprehensive Plan. The Board, by
motion, made a finding that both the CIP and CIB are consistent
with the Comprehensive Plan.
I recommend the City Commission accept the finding of the Planning
and Zoning Board that the Capital Improvement Plan and the Capital
Improvement Budget are consistent with the Comprehensive Plan, and
approve same.
ref:ag/nemo22 ~2~P ~ ~'O
RESOLUTION NO. 63-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF
SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD
FROM THE lST DAY OF OCTOBER, 1998, TO THE 30TH DAY
OF SEPTEMBER, 1999; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO THE
ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO
REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT
WITH THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached
hereto and marked Exhibit "A", are hereby appropriated upon the
terms and conditions herein set forth.
Section 2. That, subject to the qualifications contained
in this resolution, all appropriations made out of the General Fund
are declared to be maximum, conditional and proportionate
appropriations, the purpose being to make the appropriations payable
in full in the amounts herein named if necessary and then only in
the event the aggregate revenues collected and other resources
available during the period commencing the 1st day of October, 1998,
and ending the 30th day of September, 1999, 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, 1998, and ending the 30th day of
September, 1999.
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, 1998, except as
otherwise provided for, are hereby declared to be lapsed into the
City Treasury and may be used for the payment of the appropriations
which may be made in any appropriation for the fiscal year
commencing the 1st day of October, 1998. Provided, however, nothing
in this section shall be construed to be applicable to unencumbered
balances remainin~ 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 commencin~ the 1st
day of October, 1998.
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 this resolution shall be effective on
October 1, 1998.
of September,PASSED AND ADOPTED1998. in regular session on this the 22nd day
ATTEST:
~City- C~rk '
- 2 - Res. No. 63-98
EXHIBIT A
BUDGET SUMMARY
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 265,040 0 268,530 533,570
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.91 19,525,340 19,525,340
AD VALOREM TAXES 0.79 2,232,280 2,232,280
AD VALOREM - DELINQUENT 115,000 115,000
AD VALOREM - DDA 1.00 115,510 115,510
Sales & Use Taxes 1,413,400 1,413,400
Franchise Taxes 3,277,000 3,277,000
Utility Taxes 5,766,000 5,766,000
Licenses & Permits 2,215,460 2,215,460
Intergovernmental 5,343,050 44,500 1,094,820 6,482,370
Charges for Services 4,078,170 26,944,010 31,022,180
Fines & Forfeitures 598,900 598,900
Miscellaneous Revenues 2,665,490 3,000 902,590 11,200 3,582,280
Other Financing Sources 2,355,800 50,000 940,920 3,346,720
TOTAL REVENUES AND OTHER
FINANCING SOURCES 49,585,890 I 18,510 27,941,1 00 2,046,940 79,692,440
TOTAL ESTIMATED REVENUES
AND BALANCES 49,850,930 118,510 28,209,630 2,046,940 80,226,010
EXPENDITURES/EXPENSES:
General Government Services 5,707,820 5,707,820
Public Safety 27,541,230 27,541,230
Physical Environment 324,140 15,276,900 15,601,040
Transportation 1,320,880 1,320,880
Economic Environment 1,062,570 118,510 1,233,950 2,415,030
Human Services 163,750 163,750
Culture & Recreation 6,858,610 3,081,110 420,530 10,360,250
Debt Service 4,210,630 4,548,620 8,759,250
Other Financing Uses 2,547,860 4,548,630 297,230 7,393,720
TOTAL EXPENDITURES/EXPENSES 49,737,490 118,510 27,455,260 1,951,710 79,262,970
Reserves 113,440 0 754,370 95,230 963,040
TOTAL EXPENDITURES AND RESERVES 49,850,930 118,510 28,209,630 2,046,940 80,226,010
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER ~ /~
FROM: DIANE DOMINGUEZ, AICP ~,L~I ~,~./,i ~;' ~i
DIRECTOR OF PLANNING ~ND ZONING J
SUBJECT: PLANNING AND ZONING BOARD REVIEW OF THE
CAPITAL IMPROVEMENT PLAN
DATE: SEPTEMBER 18, 1998
The Planning and Zoning Board held a special meeting on September 14, 1998
to review the Capital Improvement Plan for consistency with the Comprehensive
Plan. Environmental Services Director Richard Hasko was in attendance to
respond to questions regarding specific projects.
After a brief discussion, the Board voted 5-0 (McCarthy and Eliopoulos absent) to
make a finding that the proposed Capital Improvement Plan and Capital
Improvement Budget are consistent with the Comprehensive Plan.
MEETING OF: SEPTEMBER 28, 1998
AGENDA ITEM: IliA. STATEMENT OF FINDING REGARDING
CONSISTENCY OF THE PROPOSED CAPITAL
IMPROVEMENT PLAN (ClP) WITH THE
COMPREHENSIVE PLAN
J:~:::~,~ IT M BEFORE THE' ~
The item before the Board is that of making a finding that the proposed Capital
Improvement Plan (ClP) is consistent with the Comprehensive Plan.
The Capital Improvement Plan (ClP) is a listing of the projects with capital
expenditures over $25,000, which the City plans to initiate over the next five
fiscal years. The Capital Improvement Budget (ClB) is the first year of that plan,
to which the City Commission will commit as part of the adopted annual budget.
The Planning and Zoning Board, acting as the Local Planning Agency, has the
responsibility to review the ClB and ClP annually, prior to their adoption by the
City Commission, and to issue a statement of consistency with the
Comprehensive Plan. This responsibility is expressed in Capital Improvement
Element Policies A-3.3 and A-3.4.
The attached draft ClP is described by funds, and includes both the sources of
funds (revenues) and the use of funds (expenditures). In addition to the required
five years, the ClP includes the current fiscal year account balances for clarity.
Expenditures on current projects that are not completed in the current fiscal year
will "carry over" into the next fiscal year
Line items shown in the ClP include both individual projects (Southwest Park)
and annual allocations for repair and replacement .(Street Reconstruction).
As the CIP is compared to the Comprehensive Plan, there should be consistency
with regard to the list of projects, cost estimates, and time frames. While
modifications have occurred with the current proposed ClP, there continues to be
overall consistency. Projects listed in the CIP closely track the Comprehensive
Plan, and are projected to be done within a comparable time frame. The
Cl- 1
proposed ClP has been modified to accommodate funding limits, revised project
cost estimates, and to prioritize additional project requests. The criteria which
were considered in the modification of the five-year schedule is that contained in
Capital Improvement Policy A-3.3. This policy applies the highest priority to
activities and projects which eliminate a public hazard, second priority to public
safety equipment replacement and third pdority to activities and projects which
eliminate system deficiencies. Additional considerations are also outlined under
this policy.
Along with your copy of your Capital Improvement Plan (1999-2003)'a copy of
the current Five-Year Capital Improvement Schedule (1997-2002) and Policy A-
3.3. is attached for your reference. The specific additions, deletions, and
repdoritization of individual projects will be highlighted at the Planning and
Zoning Board meeting.
"' The following items are noteworthy:
· There continues to be a consistent level of funding allocated to the water and
sewer funds. Although specific projects are not necessarily identified,
sufficient funds are allocated to meet maintenance needs as they appear, in
addition to scheduled projects identified in the master plans. In this way, both
system maintenance and upgrades can be accomplished in an orderly
manner.
· Most projects in the ClP represent either implementation of adopted master
plan components, or renewal and replacement (maintenance) items for
existing systems.
Projects committed in the Comprehensive Plan are included in the ClP. There
are no projects proposed in the CIP which are inconsistent with the directives of
the Comprehensive Plan. Adjustments to the Five-Year Schedule of
Improvements (to accommodate the proposed deletions, additions and
reprioritizations) will be proposed with Comprehensive Plan Amendment 99-1 to
reflect the adopted CIP.
I ' ' "e~ -"~a~a~'~'~' ~ ~'~ ~ ~ ~"~ '"~"'"'"'"'"'"'"'~"~ ~' ~' ~ ~i~E~''~''~''~''~''~ ~' ~ ~ ~ ....... ~ ....... I' ......... ~' '"'~' 'F ~ ':~' ' ....... ~;~'~'~' '"" ~:~"~'~ "'~'--"
By motion, make a finding that the proposed Capital Improvement Plan (ClP) and
- Capital Improvement Budget (CIB) is consistent with the Comprehensive Plan.
Attachment:
· Proposed CIP
· Current Five Year Capital improvement Schedule
· Policy A-3.3
U:/format/p&zcip(98)
C1-2
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $100,000
-", PROJECT & FUND I FY 1997-98 FY 1998-99 FY 1999-00 FY :2000-011 FY 2001-021
I
WATER ! SEWER - NEW CAPITAL OUTLAY
Bermuda Gardens Water / Sewer 88,000 0 0 01 0
Other Machine and Equipment 140,000 0 0 0 t 0
Chemical Storage Building 268,000 0 0 01 0
Intracoastal Sewer Crossing 250,000 0 0 01 0
TOTALS $746,000 $0 $0 $0 $0
WATER I SEWER FUND CONNECTION FEES
Water Reuse Project 1,085,000 0 0 0 0
N.E. 7th Avenue Water Main 0 150,000 0 0 0
Davis Road Water Main 0 0 60,000 540,000 0
Lake Ida Road Water Main 0 0 40,000 320,000 0
TOTALS $1,085,000 : $1,085,000 $100,000 $860,000 $0
I
VVATEi~JSEWER RENEWAL & REPLACEMENT
Small Meter Replacement Program 150,000i 450,000 450,000 450,000 450,000
Intracoastal Crossings 50,0001 50,000 50,000 0 0
Equipment Replacement Program 0! 0 100,000 100,000 0
Elevated Tank Rehabilitation 120,000 J 0 0 0 0
.-- .. Large Meter Replacement Program 180,0001 50,0001 50,000 50,000 50,000
Lift Station Rehabilitation 100,0001 200,000 200,000 200,000 200,000
Water Une Upgrades 500,000[ 750,0001 750,000 750,000 750,000
Sewer Main Rehabilitation 500,0001 750,000 700,000 750,000 750,000
Highland Beach Force Main 500,000! 0 0 0 0
Southeast Interceptor 200,0001 200,000 200,000 0 0
Raw Water Well #24 Rehabilitation 96,000i 0 0 0 0
TOTALS $2,396,000 152,000,000 $2,500,000 $2,300,000 $2,200,000
MUNICIPAL GOLF COURSE FUND
Course Maintenance Equipment 58,0001 55,000 63,0001 65,000 65,000
Clubhouse Equipment 15,000 i 15,000! 25,000 25,000 25,000
i
ToTALs $73,000! $70,000 $88,000 $90,000 $90,000
LAKE'VIEW GOLF COURSE FUND
Other Machine & Equipment 20,0001 20,0001 22,000 20,0001 25,000
Clubhouse Renovation 300,0001 0 0 01 0
TOTALS $320,000 $20,000 $22,000 $20,000 $25,000
CI -29
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $100,000
PROJECT & FUND FY 1997-98 I FY 1998-99 FY 1999-00 J FY 2000-01 FY 2001-02
RECREATION IMPACT FEE FUND J J
Leon Weekes Scrub Trail 130,000 i 0 0 J 0 0
Southwest Park 0 J 0 800,000 J 0 0
Boy Scout Hut Park 0. j 25.000 200,000 j 0 0
Pine Grove Park ~'.:: 1~30:000 J 0 0 J 0 0
TOTALS $260,000 $25,000 $1,000,000 J $0 $0
BEACH RESTOP, ATION FUND J
Engineering 218,000 73,000 54,500 I 0 $0
Update Geotechnical 90,000 0 0 J 0
Sand Pumping 0 0 5,500,000 j 0
Bidding/Negotiation 0 18,000 0
Dune Revegetation 0 0 G0,O00 J 0
TOTALS $308,000 $91,000 $5,614,500 J $0 $0
GENERAL CONSTRUCTION FUND
Street Reconstruction 200,000 300,000 300,000 300,000 300,000
Sidewalks / Swales / Bike 50,000 50,000 50,000 50,000 50,000
Downtown Parking Lots 40,000 55,000 50,000 0 0
Community Center Addition 90,000 150,000 0 0 0
P&R Maintenance Compound 0 25,000 220,000 0 0
Police Addition 0 165,000 0 0 0
Garage Addition 100,000 0 0 0 0
.. Cemetery Maintenance Building 0 0 15,000 85,000 0
R&R Buildings 100,000 200,000 200,000 250,000 250,000
R&R Computer Equipment 100,000 100,000 100,000 100,000 100,000
R&R Software / Licenses 0 80,000 12,000 85,000 0
Swinton Avenue, Phase II Beautification 0 150,000 0 0 ' 0
. Military Trail Beautification 0 0 0 30,000 325,000
Sarah Gleason Park , 0 '20,000 200,000 0 0
Pompey Park Ballfield 25,000 220,000 0 0 0
Knowles Park Improvements 154,522 0 0 0 0
Parking Lots / Roadways 0 61,000 24,000 17,000 0
Boardwalk Replacement 86,000 0 0 0 '0
Miller Park Grading 199,000 0 0 0 0
Lake Ida Park 0 20,000 100,000 100,000 100,000
Cemetery Improvements 0 0 110,000 0 0
Police A/C System 145,000 75,000 0 0 0
Hurricane Shutters - Police 0 0 275,000 0 · 0
Hurricane Shutters - Old School Square 0 141,000 0 0 0
Hurricane Access Doors 80,000 0 0 0 0
800MHz Radio- Police 1,250,000 1,250,000 0 0 0
Document Storage / I .maging 60,000 90,000 0 0 0 ..
Public Works Emergency Generator 0 0 250,000 0 0
, TOTALS $2,679,522 $3,152,000 $1,908,000 ;$1,017,000 $1,125,000
Cl -28
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $100,000
PROJECT & FUND I FY 1997-981 FY 1998-991 FY 1999-001 FY 2000-011 FY 2001-02
Lakeview I 110,0001 01 0 .. 0 0
East George Bush Boulevard i 88,0001 01 0i ...... 0 0
Spady Area and N.W. 3rd street j 512,0001 0! .01 .. 0 0
Dotteral Road ! 310,0001 01 0i .. 0 0
S.W. 8th Avenue - Atlantic to S.W. 4th Street I 0f 515,0001 01 0 0
Seacrest Park i 01 275,000i 01' 0 0
Andrews Avenue Pipe Lining I 0} 230,000i 0! 0 0
Gradall Equipment i 01 01 300,000 0 0
Ingram Avenue I Venetian Drive I 0! 01 180,000 01 0
Brooks/White I RhodesI 01 01 120,000 01 0
Lindell Boulevard I 01 0t . 275,000 01 0
Albatross Road ! 01 01 0l.. 275,0001 0
Other Improvements I 100,0001 100,0001 100,0001 100,0001 100,000
TOTALS I $1,120,000 151,120,0001 $975,0001 $375,0001 $100,000
VEHICLE RENEWAL & REPLACEMENT i I
'Vehicle Replacement I 815,5901 850,0001 875,0001 900,0001 925,000
Vehicle Restoration i 40,0001 40,0001 40,0001 40,0001 40,000
TOTALS I $855,5901 $890,000 I $9i5',b001 $940,0001 $965,000 .::.',."~.':
CI -30
'"" Policy A-1.8 The City shall strive to maintain a General Fund Reserve equal to 7-10%
of the recurring annual operating revenue, excluding major one-time costs such as
those related to bonding.
policy A-1.9 The City shall use water and sewer operating funds to provide for the
repair, replacement, and upgrade of critical components of the water and sewer
systems in the amount of 2.5% of the value of fixed assets excluding land and works in
progress.
Ob_iective A-2
The City shall insure that public facilities which are necessary to accommodate future
growth are provided concurrent with the needs of such development. This objective
shall be achieved through the following:
Policy A-2.11 The six acre park in the Southwest portion of the City shall be developed
by FY 2000.
Ob_iective A-3
The City of Deiray Beach shall establish programs and procedures which require the
.~--. provision of needed and desired improvements, as identified in other elements, and
'? which shall manage the land development process so that needs created by future
development will not exceed the ability of the City to meet them. Such programs and
procedures shall, at a minimum, include the following policies and activities.
policy A-3,1 The City of Delray Beach hereby adopts the list of ~apitai projects
contained in the five year schedule contained in this element and establishes that all
projects identified shall be carried out in accordance with that schedule or within one
year thereof unless a Comprehensive Plan amendment is adopted to change the
schedule.
~The Five Year Capital Improvements Schedule shall be established in
accordance with the Guidelines for Prioritizing Capital Improvement Projects, as
contained in this Element.
.~.~¢4&~c.~.,.~ The criteria which shall be considered in the amendment and possible
modification of the 5-year schedule shall include the following:
a) The highest priority shall be afforded to activities and projects which eliminate a
public hazard whether it be to health or the reduction of damage potential. (cla)
b) The second highest priority shall be given to public safety equipment replacement.
Cl -21
c) The third highest priority shall be given to activities and projects which eliminate .... .
system deficiencies, less than desirable conditions or provide services to unserved,
inhabited areas.
d) Consideration shall be given to impacts upon the availability of funds for the project
and for other projects; when appropriate for the purpose of providing financial
resources for other needs, an activity or project shall be phased over a period of
time.
e) When a project can be combined with another project in the same geographic area,
it shall receive a higher priority e.g. combining needed street improvements with
scheduled water and sewer improvements may accelerate the street improvement
project.
-, f) When a project will receive significant funding assistance from a development
project or through neighborhood contributions through an assessment district or
other method, it shall be accelerated on the schedule.
g) When a project can be f.unded through an exclusive funding source, it shall have a
priority determined through that funding source regardless of its relationship to
projects which are funded by other funding sources e.g. a park constructed with
dedicated park funding can have a higher priority than a mandatory need when the
financing for the need isn't available. ?'~'~""....
h) A project's priority shall increase if it can be tied to the construction of a project
undertaken by another unit of government e.g. water main upgrading and hydrant
placements shall be coordinated with street improvements which are constructed by
Palm Beach County.
I) A project's scheduling shall be consistent with respect to other projects which have
been prioritized within other elements of this Plan, except as they may be modified
through the criteda contained within this Policy.
Policy A-3,4 The City will prepare a Five-Year Capital Improvement Plan (CIP) each
year, in addition to a projection of the current year. The ClP shall address currently
funded projects, projects under construction, and a five year projection of projects. The
CiP shall include ali projects contained on the five year schedule of this Element and
shall contain those projects of greater than $25,000 which are funded through the
dedicated financial resources for renewal and replacement projects and all other
projects of greater than $25,000 which are proposed, except for repair and replacement
items identified and funded via renewal and replacement programs. The first year of
the ClP will be the Capital Improvement Budget (ClB) projected for the next year.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~/1
SUBJECT: AGENDA ITEM~ ~. - REGULAR MEETING OF SEPTEMBER 22, 1998
ORDINANCE NO. 33-98 (GARBAGE & TRASH RATE REVISIONS)
DATE: SEPTEMBER 18, 1998
This is second reading and a public hearing for Ordinance No.
33-98 which provides for the following garbage and trash rate
changes beginning October 1, 1998:
(1) $.53 per single family unit for New Year's Day pickup and the
addition of one clamshell truck and driver that will report
to the Code Enforcement Division for pickup of bulk trash
piles on vacant lots, piles placed out early or late, and
illegal dumping on the rights-of-way.
(2) 1.4% increase to collection rates per the Consumer Price
Index as stipulated by our contract.
(3) The addition of rates for commercial and multi-family
compactors and rolloff containers that have been added to our
garbage and trash franchise. It should be noted that the
City does not franchise commercial recycling containers or
construction and demolition containers.
At first reading on September 15, 1998, the Commission passed the
ordinance by unanimous vote.
As a related item, Amendment #5 to the Solid Waste and Recycling
Collection Franchise Agreement is also presented for approval. It
incorporates the changes outlined above into the contract with
BFI.
Recommend ~pproval ~of Ordinance-'Nol 33-98 on second and final
reading as well .as Amendment~5 to ~he.Franchise,,Agreement with
,4BFI.
ref: agmemol 0
ORDINANCE NO. 33-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW
AND INCREASED RESIDENTIAL SERVICE, MULTI-FAMILYAND
COMMERCIAL COLLECTION SERVICE RATES FOR FY 1999;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary and
appropriate to increase the collection rates for sanitation services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51,
"Garbage and Trash", Section 51.70, "Regular Charges Levied", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for
collection service:
Charges for the below-described collection service shall be
as follows and shall commence when a certificate of occupancy is
issued for any residential or commercial units, and shall
continue monthly thereafter unless service is discontinued in
accordance with Section 51.73:
(A) Residential Service (Single Family Homes, Duplexes,
Triplexes, Quadplexes and~obileF~mes)
Curbside Rollout Carts
Nontful¥ Service Cost Per Unit
Garbage Collection $ ~/~ ~.69
Recycling ~/~ 1.46
Yard Trash ~/~ 1.36
Bulk Trash ~ 0.67
Total Fees - Contractor $ ~/~ 6.18
Cart Replacement 0.90 0.90
Administrative Fee 0.35 0.35
Franchise Fees (5%) ~9 0.31
Total Fees $ ;~ 7.74
ReardoorOwner Container
Monthly Service Cost Per Unit
Garbage Collection $ ~/9~ 8.25
Recycling %/{~ 1.46
Yard Trash %/~ ~.36
Bulk Trash ~2~ 0.67
Total Fees - Contractor $~/96 11.74
Administrative Fee 0.35 0.35
Franchise Fee (5%) ~]~ 0.59
Total Fees $~96 12.68
Curbside Disposable Bags With Vegetative Waste and Bulk
Trash Pickup
Monthly Service Cost Per Unit
Garbage/Trash Collection $ ~/~ 1.68
Recycling ~/~ 1.26
Yard Trash %/~ ~.36
Bulk Trash ~2~ 0,~7
Total Fees - Contractor $ ~ ~.97
Administrative Fee 0.35 0.35
Franchise Fee (5%) ~ 0.25
Total Fees $ ~9~ 5.57
I! - 2 - Ord. No. 33-98
(B) Multi-Family Service
Multiple-family dwelling units containing five (5)
units or more shall use containers emptied by mechanical means,
except as otherwise approved by the City because of lack of
suitable space for a mechanical container or other good reason.
Multiple-family monthly fees shall include a container charge and a
per unit charge. If the amount of refuse generated requires more
than two (2) times per week collection, then the third (3rd) and all
subsequent collections shall be charged the commercial collection
rate only.
Multiple-FamilyRates
Container Monthly Maintenance Charge (Based on a Bi-Weekly Pickup)
Total
Container Size Monthly Cost Franchise Fee Container Fees
2 yd. $19.40 $1.94 $21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & Hauling Rate Per Unit
Monthly Service Monthly Cost Per Unit
Refuse Collection $~/~ 1.41
Recycling ~1~ 0~ 83
Total Per Unit Fee-Contractor $~/~ ~.~4
Administrative Fee 0.35
Franchise Fee (10%) 0.22
Total Monthly Fees Per Unit Sg_~;~ 2.81
- 3 - Ord. No. 33-98
[C) Co.'i.ercial
(1) Commercial customers shall use mechanical
containers or rollout carts. Commercial customers shall include all
customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for
accumulation of refuse:
(a) Rollout carts. The City shall require any
commercial customer needing more than six (6) rollout carts to use
mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments
and other commercial customers shall accumulate such refuse in those
locations mutually agreed upon by the owner/operator and the City or
its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be
provided by the City or its contractor. These containers shall be
emptied on a schedule mutually agreed upon by the customer and the
City or its contractor, but not less than one day a week nor more
than six days a week.
(4) Commercial customers needing six (6) or less
rollout carts, and those approved for this type of service by the
City in advance because they lack a suitable location for a
mechanical container shall be serviced at least once per week.
All garbage and commercial trash shall be collected from such
refuse containers at locations agreed to between the City or its
contractor and the customer. The charge shall be based upon the
following schedule:
Conm~ercial Rates (Monthly)
Container
Size Container Pickup Frequency (Per Week)
Collection $
9.09 18.19 27.28 36.37 45.47 54.56
Disposal
14.55 29.10 43.65 58.20 72.74 87.29
Container
Maintenance Fee 19.40 19.40 19.4.0 19.40 19.40 19.40
Total -
Contractor Fees $
43.04 66.69 90.33 113.97 137.61 161.25
Franchise
Fees (10%)
4.30 6.67 9.03 11.40 13.76 16.13
Total Fees $
47.34 73.36 99.36 125.37 151.37 177.38
Collection $
13.64 27.28 40.92 54.56 68.20 81.84
Disposal
21.82 43.65 65.47 87.29 109.12 130.94
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 ~1.44
Total -
Contractor Fees $
$6,90 ~2.37 127.83 163.29 198.76 234.22
Franchise
Fees (10%)
5.69 ~.24 12.7.8 16.33 19.88 23.42
Total Fees $ 6~6 $ 9~ $~9 $~6 $~9~9~ $~~
62.59 .101.61 140.61 179.62 218.64 257.64
- 5 - Ord. No. 33-98
'I
18.19 36,37 54.56 72.74 90.93 109.12
29.10 58.20 87.29 116,39 145.49 174.59
Container
Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21
Total -
69.50 116.78 164.06 211.34 258.63 305.92
Franchise
6.95 11.68 16.41 21.13 25.86 30.59
76.45 128.46 180.47 232.47 284.49 336.51
Collection $ ~2199 $ ~199 $ 49199
27.28 54.56 81.84 109.12 136.40 163.67
43.65 87.29 130.94 174.59 218.23 261.88
Container
Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53
96.46 ~67..38 238,31 309,24 380.16 451.08
Franchise
9,65 16.74 23.8~ 30,92 3~.02 45.11
106.11 184.12 262.14 340.16 418.18 496.19
- 6 - Ord. No. 33-98
Collection $
36.37 72.74 109.12 145.49 181.86 218.23
58.20 116.39 174.59 232.78 290.98 349.17
Container
Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.0~
Total -
Contractor Fees
121.66 216.22 310.80 405.36 499.93 594.4.9
Franchise
Fees (10%)
12.17 21.62 31.08 40.54 49.99 59.45
133.83 237.84 341.88 445.90 549.92 653.94
Co,,a,~rcial/Multi-Famil¥ Rolloff Containers:
Open-toD rolloff container
$95.00 per pickup plus disposal cost.
Compactors
$95.00 per pickup plus disposal cost;
PLUS monthly container rental
~5 Yard $250.00
20 Yard 295.00
30 Yard 345.00
40 Yard 3~5.00
Excludes ~ommercial recyclinq and constr~ction/demolition debris.
:' - 7 - Ord. No. 33-98
95-Gallon Cart Service
Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee
I $ ~/~ 26.89 $ ~ 2.69 $ ~/~ 29.58
2 $ ~/~ 52.37 $ ~/~9 5.24 $ ~/~ 57.61
~' 3 $ ~/~ 79.35 $ ~/~ 7.94 $ ~/~ 87.29
4 $~9&/~ 105.60 $~9/~ 10.56 $~99 116.16
5 $~9/~9 131.82 $~/9~ 13.18 $~/~ 145.00
6 $~/~ 157.32 $~/~; 15,73 $~;~/~ ~73.05
*These rates include collection and container maintenance fees.
NOTE: The foregoing rates are based on $~/99 25.00 per ton
1.68 per cubic yard), which is the anticipated Solid Waste Authority
tipping fee to be effective October 1, ~9961998.
(D) The charges set forth above for mechanical containers
and rollout carts shall accrue and be payable on the total
capacity of the container whether or not it is full. Containers
" of the type and size designated by the City or provided by the
City's contractor shall be used.
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.
SectiQn 4. That this ordinance shall become effective on
October 1, 1998.
- 8 - Ord. No. 33-98
PASS~ ~ ~OPTED in regular session on second and final
rea~ng on this the 22nd day of Septe~er , 1998.
AT.ST:
City'Clerk ~ /
First Reading September 15, 1998
Second Reading Septe~er 22, 1998
- 9 - Ord. No. 33-98
[IT¥ OF DELRFI¥ BEFi£H
CITY ATTORHEY'S OFFICE ~00 .~., ^v,~,~.. ,,,~,,.~ ,,,~^~,.,. ,~,o,,~^ ..~
DELRAY BEACH
MEMORANDUM
Ali. America City
'qllpr®
TO: City Commi~s~ion ,~
1993 ~ --
~RO]V]: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. 5 to the Solid Waste and Recycling Collection Franchise
Agreement
This Amendment provides that roi]off electric compactors and to]loll containers that are
used for ¢o][¢¢tion of garbage and trash for commercial activities are included under the
Franchise Agreement. This amendment also provides tha! single-£ami]y ¢o]lection service
shall be provided on New Year's Day.
The Agreement is further amended to reflect that an additional ¢lmnshe[] truck shall be
provided by BF], buL shah work under the direction o£th¢ Code Enforcement Division.
By copy of this memorandmn to David Harden~ City Manager~ our office requests Il]at this
amendment to thc So]id Waste and Recycling Co][ection Franchise Agreement be placed on
th~ September 22~ 199g City Commission agenda. Please call i£you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Finance Director
Lula Butler, Director of Community Improvement
/O.D./.
AMENDMENT NO. 5 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCIIISE AGREEIVlENT DATED AUGUST 8~ 1996
Tills AMENDIVlENT NO. 5 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this __ day of ' , 199_ by and
between the CITY OF DELRAY BEACll (the "City") and BFI WASTE SYSTEMS OF
NORTll AMERICA, INC. ("BFI").
WITN ESSETll:
WllEREAS, the pa,'ties enlcred into a Franchise Agrccmeqt CAgreement") dated August
8, 1996, to provide fol' the collection of solid waste and recycling materials within the City; and,
WllEREAS, tile parties desire to amend Sections 5.1 and 7.2 of the Agreement to
provide that rollofl'electric compactors and rolloff contai,~ers, regardless of size or capacity, that
are used for the collectio,I o!' garbage and trash for commercial activities are included under tim
terms of'this Franchise Agreement, and,
WllEREAS, the parties dcsire to alnend Sections 6.1.2, 9.5, 12. Il, and 14.9 of the
Agreement to provide that tile Contractor shall provide residential collection service on New
Year's Day, and,
WllEREAS, tile parties desire to amend Article 5 of tile Agreement by creating Section
5.7 to provide for the addition oran extra clamshell truck and driver, and,
WllEREAS, the parties desire to a,ne,~d Sections 6.1.4 and 6.1.5 of the Agreement to
clarit~, any conllict belween Section 5.7 and Sections 6.1.4 and 6.1.5, and,
WilEREAS, the parties desire to amend Sections 4.21 and 6.1 of the Agreement to
clarify the definition of multiple dwelling unit. s.
NOW, Tll EREFORE, the parties agree as l'oilows:
!. The recitations set tbrth above are incorporaled herein.
2. Tile Agreement deled August 8, 1996, is hereby amended, by amending Sections
5. I and 7.2, to provide that all rolloffelectric compactors and rolloff containers, regardless of size
or capacity, used roi' garbage and trash collection of business establishments, churches, schools,
office buildings and other establishments are included in the City's £ranchise agreement with BFI.
This provision concerns lhe collection ol` garbage and trash only. Establishments that utilize
rolloff.compactors or rolloff.containers t'or the collection of recycling materials or any other type
o£material or waste other than garbage and trash are nol included in this Amendment. However,
it' any o£ the establishmenls rel~rred to herein have existing contracts with another garbage hauler,
not BFI, then BFI shall not provide garbage colleclion service to the establishment until the
expiralion of' such agreement. BFI shall abide by the conditions set forth in Florida Statute
Section 171.0~2
3. The Agreement is also amended, by amending Sections 6.1.2, 9.5, 12. I I and 14.9,
to retlect that BFI shall provide residential collection service on New Year's Day, in exchange for
a $.07 monthly increase to residential units in the City receiving residential collection service.
This increase shall be hnplemented when the City makes the CPi adjustment in October, 1998 for
tile present garbage rates.
4. The Agreement is fm'ther amended by creating a new section under Article 5,
"Description of Work", to provide as follows:
5.7 Extra Clamshell Service: BFi shall thrnish a clamshell truck and driver to
be assigned to tile Code Enforcement Division and work under their direction
during a normal forty hour week. The truck and driver shall follow the normal
working hours of City Staff. This truck shall provide bulk waste and vesetative
waste collection service to all residential units in the City. The residential units
receiving residential collection service shall pay an extra $.46 per month for this
service, if, however, the City directs tile clamshell truck to collect bulk or
vegetative waste flora residenlial units receiving commercial service or non-
residential units then tile City, not tile resident, shall be billed at the rate listed in
Section 6.1.4 or 6.1.5.
5. Tile Agreement is further amended, by amending Sections 6.1.4 and 6.1.5, to
include the following sentence at the bottom of last paragraph of Section 6.1.4 and Section 6. !.5:
The terms of this section shall not apply if the bulk and vegetative waste collection
is made pursuant to Section 5.7. In the event services are provided in accordance
with Section 5.7 tile charges listed in Section 5.7 shall govern and the charges of
this section shall not apply.
6. This Agreement is further amended by amending Section 4.21 to provide a new
detinition of "Multiple Dwelling Units" as follows:
Mulliple Dwelling IJnits: Shall mean any building containing more than four (4)
permanent living units, not including motels and hotels.
7. This Agreement is Ihrther amended by amending Section 6.1 to provide as tbllows:
The Contractor shall collect and dispose of all Refuse, except Special Waste,
l lazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from all
single family homes, duplexes, triplexes, quadplexes, multiple dwelling units that
do not receive commercial service and individual mobile homes. Mobile home
parks will be serviced as residential units.
8. This Amendment Iogcther with tile original Agreement and any written
amendments hereto, constitute tile entire Agreement between the parties relating to the subject
matter hereof. It is the tinal expression of agreement between lhe parties, thus, neither party shall
be entitled to rely upon any cont!icting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
0. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all olher terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed Io be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste a,~d Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Al)proved as to legal form
and sufficiency:
City Attorney
WITNESSES: BFI WASTE SYSTEMS OF NORTH
AMERICA, INC.
By:
John Casagrande, District Vice President
(Name printed or typed)
(Corporate Seal)
(Name printed or typed)
[~lic¢)tlS,alll(|
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING A _
,~/71£/ I ,,, ////_..........~
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER~
SUBJECT: MEETING OF SEPTEMBER 22, 1998
CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.13(C) CENTRAL
BUSINESS DISTRICT (CBD), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE
TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS,
NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK
STORES, ANTIQUE SHOPS, GIFTS SHOPS, MUSIC STORES, ARTS AND CRAFTS
SHOPS, SUBJECT TO SPECIAL PROVISIONS.
At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing regarding a
determination of similarity of use request to allow "psychic readings" in the CBD zone district at "Shining
Through (426 E. Atlantic Avenue) a retail establishment (New Age bookstore) which sells items such as
books, jewelry, and music. There was public testimony in support of the determination of similarity of use
request. VVhile the applicant stated that the psychic readings have occurred since 1993 in conjunction with
a bookstore, an occupational license was not obtained to conduct the use. After further discussion, the
Board determined that the similarity of use approach was not appropriate, but that the use request is
recommended for inclusion to the code through a formal text amendment. The Board suggested that it may
be appropriate to allow the use as an accessory use to shops, such as bookstores and gift shops and
recommended that a text amendment be prepared to that effect. Additional background and an analysis of
the text amendment are found in the attached Planning and Zoning Board Staff Report.
The Planning and Zoning Board considered the request at a public hearing on August 17, 1998. There was
extensive public testimony both in support of and in opposition to the text amendment. After discussing the
amendment, the Board voted 4-2 (Bird and Carbone dissenting, Schwartz absent) to recommend to the City
denial of the amendment, based upon a failure to make positive findings with respect to the Purpose and
Intent statement of the CBD regulations [Section 4.4.13(A)], Future Land Use Element Policy C-4.1, and
LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the
adopted Comprehensive Plan. At its meeting of August 19, 1998, the DDA (Downtown Development
Authority) recommended approval of the text amendment subject to replacing the language referencing rear
of the store with "out of view of front windows/customer display areas" and adding "lesser of 20% or 50
sq.ft.".
Deny the amendment to LDR Section 4.4.13(C)Central Business District (CBD), Accessory Uses and
Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic
readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops,
gift shops, music stores, arts and crafts shops, based upon the findings and recommendation of the
Planning and Zoning Board.
Attachments: P&Z Staff Report and Documentation of August July 20, 1998 '~//'~-~-//~'g'
Ordinance by Others
ORDINANCE NO. 37-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS DISTRICT (CBD) ", SUBSECTION
4 . 4 . 13 (C) , "ACCESSORY 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,
NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY
USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS,
MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE
CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL
PROVISIONS; 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 August 17, 1998, and voted 4 to 2 to recommend that the change not
be adopted, based upon a failure to make positive findings; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the change is not inconsistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(C), "Accessory Uses and
Structures Permitted", of the Land Development Regulations of the
City of Delray Beach, be, and the same is hereby amended to read as
follows:
(C) Accessory Uses and Structures Permitted: The
following uses are allowed when part of, or accessory to the
principal use:
(1) Parking Lots
(2) Refuse and service areas
(3) Provision of services and repair of items
incidental to the principal use.
(4) Storage of inventory either within the same
structure as where the sale of goods occur or in a separate structure
on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the
site.
(5) A single family residence, either separate or
within a structure housing a nonresidential use, provided that the
residence is occupied by the owner, proprietor, or employee of a
business enterprise conducted on the property.
(6) Recreational facilities attendant to a
multi-family residential development, such as tennis courts, swimming
pools, exercise areas, and meeting rooms.
(7) Astrologists, clairvoyants, fortune tellers,
palmists, phrenologists, psychic readers, spiritualists,
numeroloqists and mental healers as an accessory use to book stores,
antique shops, gift shops, music stores, and arts and crafts shops,
subject to the following special provisions:
(a) That there be one reading room with one
psychic reader/fortune teller, etc. at an appointment;
(b) That the room be located in the rear of the
store/bay, separated from customer/display/retail areas by a wall,
and limited to 50 sq.ft.;
(c) That no signs be permitted advertising the
secondary use; and
(d) That each psychic reader/fortune teller,
etc. obtain an occupational license from both the City and Palm Beach
County.
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.
- 2 - Ord. No. 37-98
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 37-98
MEETING DATE: AUGUST 17, 1998
AGENDA ITEM: II1.1. - AMENDMENT TO LDR SECTION 4.4.13(C)
CENTRAL BUSINESS DISTRICT (CBD), TO ALLOW
ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS,
PALMISTS, PHRENOLOGISTS, PSYCHIC READERS,
SPIRITUALISTS, NUMEROLOGISTS AND MENTAL
HEALERS AS AN ACCESSORY USE TO BOOK STORES,
ANTIQUE SHOPS, GIFTS SHOPS, MUSIC STORES,
ARTS AND CRAFTS SHOPS, SUBJECT TO SPECIAL
PROVISIONS.
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations Section 4.4.13(C)
Central Business District (CBD). Accessory_ Uses and Structures Permitted, to allow
astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers as an accessory use to book stores,
antique shops, gifts shops, music stores, and arts and crafts shops, subject to special
provisions, pursuant to LDR Section 2.4.5(M). The amendment was initiated by the
Planning and Zoning Board at its meeting of July 20, 1998.
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.
'Shining Through" is a business that has been licensed since 1993 as "Merchant -
Retail" at 426 E. Atlantic Avenue, which is located within the CBD (Central Business
District) zoning district. The business is a retail establishment (New Age bookstore)
which sells items such as books, jewelry, and music. On June 5, 1998, the owner of
Shining Through submitted a request for a determination of similarity of use to allow
'psychic readings" in the CBD zone district at the current business location.
At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing
regarding the determination of similarity of use request. There was public testimony in
support of the determination of similarity of use request. While the applicant stated that
the use has been in operation since 1993 in conjunction with a book store, an
occupational license was not obtained to conduct the use. After further discussion, the
Board determined that the similarity of use approach was not appropriate, but that the
use request is recommended for inclusion to the code through a formal text
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the
CBD Zoning District
Page 2
amendment. The Board suggested that it may be appropriate to allow the use as an
accessory use to shops, such as book stores and gift shops and recommended that a
text amendment be prepared to that effect. The text amendment is now before the
Board for action.
At the same meeting the Board held a public hearing regarding an amendment to the
Land Development Regulations"to allow psychic readers as a permitted use in the GC
(General Commercial) zone district subject to certain Iocational restrictions. The text
amendment was being processed due to the lack of clarity in the code regarding the
appropriate locations for psychic readers and similar types of operations. Also, the City
acknowledged that the use must be permitted within the City and therefore established
guidelines and criteria to allow such uses. The Board recommended approval of the
text amendment. On August 4, 1998, the City Commission approved the text
amendment on second and final reading.
LDR Section 2.4.5(M)($) (Findings): In addition to provisions of Section 1.t.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 proposed LDR text amendment is to allow astrologists, clairvoyants, fortune tellers,
palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers
as an accessory use to book stores, antique shops, gifts shops, music stores, and arts
and crafts shops, subject to the following special provisions: that there be one reading
room with only one psychic reader/fortune teller etc. at an appointment; that the room
be located in the rear of the store/bay, separated from customer/display/retail areas by
a wall, and limited to 50 sq.ft.; that no signs be permitted advertising the secondary use;
and that each psychic reader/fortune teller etc. obtain an occupational license from both
the City and Palm Beach County.
The size and Iocational limitations on reading rooms and the restriction on signage are
provided to insure that the use remains an accessory use. Consideration was given to
determining the size of the reading room based upon a percentage to the total floor
area of the store, however, this could result in large reading rooms which could act as a
pdmary use. The requirement regarding occupational licensing is to insure that each
psychic reader/fortune teller, etc. is appropriately licensed.
CBD (CENTRAL BUSINESS DISTRICT. PURPOSE AND INTENT3_:
With regard to the appropriateness of the use within the CBD, LDR Section 4.4.13(^)
(CBD Zone District - Purpose and Intent), states that "the Central Business District
zone district is established to preserve and protect the cultural and historic
aspects of downtown Delray Beach and simultaneously provide for the
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the
CBD Zoning District
Page 3
stimulation and enhancement of the vitality and economic growth of this special
area. Establishment of the CBD district is consistent with and implements, in
part, Objective C-4 of the Future Land Use Element of the Comprehensive Plan."
The CBD is clearly a very special place within the City. It has been at the core of the
City's redevelopment efforts, from which the Citywide renaissance has spread.
Through careful regulation of u§es and development standards, and the expenditure of
millions of public dollars in beautification and traffic circulation improvements, the City
has recovered from the blight and economic stagnation of a decade ago. The mix and
character of uses permitted within the district must be carefully considered in order to
be consistent with the on going revitalization efforts in the downtown.
COMPREHENSIVE PLAN POLICIES:
A review of the goals, objectives and policies of the Comprehensive Plan was
conducted and the following applicable objective and policy are noted.
Future Land Use Element Ob_iective C-4 - The Central Business District (CBD)
represents the essence of Delray Beach i.e. a "village like, community by the
sea". The continued revitalization of the CBD is essential to achieving the overall
theme of the City's Comprehensive Plan of "A City Set Apart in South Florida".
The following policies and activities shall be pursued in the achievement of this
objective.
Future Lartd Use Element Policy C-4.1 - The Central Business District (CBD)
Zoning District regulations shall facilitate and encourage rehabilitation and
revitalization and shall, at a minimum, address the following:
deletion of inappropriate uses
· incentives for locating retail on the ground floor with office and residential use
on the upper floors
· accommodating parking needs through innovative actions
· incentives for dinner theaters, playhouses, and other family oriented activities
· allowing and facilitating outdoor cafes
· incentives for mixed use development and rehabilitations
· elimination of side yard setback requirements
· allow structural overhang encroachments into required yard areas.
As stated above, the CBD regulations shall facilitate and encourage rehabilitation and
revitalization through the "deletion of inappropriate uses" within the District. Also, the
City has invested in the downtown through streetscape and parking improvements, to-
encourage quality developments, uses and private investment in the downtown. The
uses allowed in the CBD are more specialized than those permitted in other commercial
zoning districts in the City. The intent is to provide a cultural and business environment
which also offers services for residents of the district and tourists.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the
CBD Zoning District
Page 4
While the text amendment is to be applied only to the CBD, it would open the door to
similarity of use determinations and future amendment requests to broaden the scope
to other zoning districts. There is no reason why the proposed accessory use would
not then be allowed in the other general commercial and mixed use zoning districts [GC
(General Commercial), PC (Planned Commercial), and OSSHAD (Old School Square
Historic Arts District)]. The intent of the text amendment adopted on August 4th , which
permits the use in certain geographical areas of the GC, was to direct these types of
uses to areas which are considered to be the most appropriate.
The use was specifically excluded from redevelopment areas as the City is encouraging
economic stimulation and revitalization of these areas. Also, the use was excluded
from the CBD as a permitted use as 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). It was
identified that the mix and character of uses permitted within the district must be
carefully considered in order to be consistent with the on going revitalization efforts in
the downtown.
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.
If the Board determines that the use is appropriate as an accessory use in the CBD,
there is no reason why the use should not be allowed within the PC zone district. For
that matter it may be difficult to argue why it could not be allowed as an accessory use
in the redevelopment areas zoned GC district.
If the Board determines that the Citywide implications may be too great, the Board
should recommend denial of the text amendment. By denying the request, the action
would not be unconstitutional, as it is permitted in the GC zone district in certain
geographical areas and will have been handled in a manner similar to other first
amendment uses such as churches and adult entertainment establishments. Churches
are only allowed as a conditional use in residential and community facilities zoning
districts, and pursuant to a proposed text amendment adult entertainment
establishments will be allowed as a Conditional Use in the Mixed Industrial and
Commercial zoning district.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the
CBD Zoning District
Page 5
Community_ Redevelopment Agency:
At its meeting of August 13, 1998, the CRA Board reviewed and recommended denial
of the determination of similarity of use. The consensus of the Board was that the use
is inappropriate for the Central Business District.
Downtown Development Authority_:
This item has been scheduled for the August 19th DDA meeting. Their
recommendation will be forwarded to the City Commission.
Courtesy Notices:
A special courtesy notice 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.
A. Continue with Direction.
B. Recommend to the City Commission approval of the amendment to LDR Section
4.4.13(C) Central Business District (.CBD). Accessory. Uses and Structures
Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists,
psychic readers, spiritualists, numerologists and mental healers as an accessory
use to book stores, antique shops, gifts shops, music stores, and arts and crafts
shops, and the associated special provisions, based upon positive findings with LDR
Section 2.4.5(M).
C. Recommend to the City Commission denial of the amendment to LDR Section
4.4.13(C) Central Business District (CBD). Accessory. Uses and Structures
Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists,
psychic readers, spiritualists, numerologists and mental healers as an accessory
use to bookstores, antique shops, gift shops, music stores, and arts and crafts
P & Z Board Memorandum Staff Report
LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the
CBD Zoning District
Page 6
shops, and the associated special provisions, based upon a failure to make positive
findings with respect to the Purpose and Intent statement of the CBD regulations
[(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR Section
2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies
of the adopted Comprehensive Plan.
Recommend to the City Commission denial of the amendment to LDR Section
4.4.13(C) Central Business District {CBD). Accessory_ Uses and Structures Permitted, to
allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers as an accessory use to bookstores,
antique shops, gift shops, music stores, arts and crafts shops, based upon a failure to
make positive findings with respect to the Purpose and Intent statement of the CBD
regulations [(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR
Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and
Policies of the adopted Comprehensive Plan.
Attachment:
· Proposed Ordinance
Section 4.4.13 Central Business District (CBD):
(C) Accessory_ Uses and Structures Permitted: The following uses are allowed
when part of, or accessory to the principal use:
(1) Parking Lots
(2) Refuse and service areas
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of
goods occur or in a separate structure on the same parcel provided that such storage
facilities are not shared or leased independent of the primary commercial use of the
site.
(5) a single family residence, either separate or within a structure housing a
nonresidential use, provided that the residence is occupied by the owner, proprietor, or
employee of a business enterprise conducted on the property.
(6) Recreational facilities attendant to a multi-family residential development,
such as tennis courts, swimming pools, exercise areas, and meeting rooms.
(Add the following) (7) Astrologists. clairvoyants, fortune tellers, palmists,
phrenologists, psychic readers, spiritualists, numerologists and mental healers as an
accessory, use to book stores, antique shops, gifts shops, music stores, and arts and
crafts shops, subject to the following special provisions;
a) That there be one reading room with one psychic reader/fortune teller etc. at an
appointment:
b) That the room be located in the rear of the store/bay, separated from
customer/display/retail areas by a wall. and limited to 50 so..ff.:
~) That no signs be permitted advertisino the secondary_ use: ~nd.
~ That each psychic reader/fortune teller etc. obtain an occupational license from both
the City_ and Palm Beach County_.
£1T¥ OF DELR9¥ BEACH ,
CITY/),TTORflEY'S OFFICE
t:AC$ I k!l! ,E ,10 ~/? 7g-,1755
Writer's Direct Line: e561/243-7091
DLLRAY BEACH
~ MEMORANDUM
'~ll~'''''' DATE: Septemberl8, 1998
TO: City Commission
1993
David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance Amending the Definition of Alcoholic Beverage Establishment
Contained in Section 113.20 of the Code of Ordinances
The attached ordinance amends the City's Code of Ordinances by expanding the
definition of Alcoholic Beverage Establishment to include business and commercial
establishments where alcoholic beverages are not only sold for consumption on the
premises, but also where alcoholic beverages are available to be, or are actually
dispensed, served, consumed, provided or sold for consumption on the premises.
The commercial or business establishments affected includes those that do not charge or
do charge for entrance or mandate a coverage charge and includes those that charge a
membership fee. While bottle clubs are not allowed in the City to my knowledge at this
time, I have also included the term "bottle club" to make clear that this regulation
applies to bottle clubs (if any are allowed in the future, or if any are illegally
established).
The background materials previously submitted to the City Clerk and the cases cited
therein for Ordinance No. 30-98 and the background materials cited in the cases
referenced in the preamble to this ordinance provide the rationale for the enactment of
this regulatory ordinance pursuant to the 21st Amendment of the United States.
Please call if you have any questions.
Attachment ~0~~
cc: Alison MacGregor Harty, City Clerk ~
Diane Dominguez, Planning & Zoning Director I
Lula Butler, Director of Community Improvement q/gl?
adult, sar
ORDINANCE NO. 38-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES",
SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY,
SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE
ESTABLISHMENTS", SUBSECTION 113.20 (A), "DEFINITIONS",
BY AMENDING SUBSECTION 113.20(A)(1), "ALCOHOLIC
BEVERAGE ESTABLISHMENT", TO PROVIDE AN AMENDED
DEFINITION THEREOF THAT IS DIRECTED TO COMMERCIAL
AND BUSINESS ESTABLISHMENTS WHERE ALCOHOLIC
BEVERAGES, BEER OR WINE IS AVAILABLE TO BE, OR IS
ACTUALLY SOLD, DISPENSED, SERVED, CONSUMED,
PROVIDED, POSSESSED OR OFFERED FOR SALE OR
CONSUMPTION ON THE PREMISES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission enacts this ordinance in the interest of the public
health, peace, safety morals and general welfare of the citizens of Delray Beach, Florida, pursuant to
Article VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the
Florida Statutes; and,
WHEREAS, the City has determined that the restrictions contained herein are necessary to
avoid disturbances associated with mixing alcohol and nude or partially nude dancing and exhibitions;
and,
WHEREAS, the City Commission determines that mixing alcohol and nude or partially
nude dancing and exhibitions encourages undesirable behavior; and,
WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, and the
experience in other cities as to the secondary effects of the combination of alcohol and nudity or partial
nudity; and,
WHEREAS, the City also relies on the cases of City of Daytona Beach v. Del Percio, 476
So.2d 197 (Fla. 1985); Fillingim v. Boone, 835 F.2d 1389 (llth Cir. 1988); Geaneas v. Willets, 911
F.2d 579 (llth Cir. 1990); Sammy's of Mobile. Ltd. v. City of Mobile, 140 F.3d 993 (llth Cir. 1998);
New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); City of Newport
v. Iacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed; 479 U.S. 1047, 107 S.Ct. 913 (1986); and,
WHEREAS, the City Commission finds that the City has a substantial government interest
in regulating liquor under the Twenty-first Amendment of the United States Constitution; State
Constitution and under State law and that the incidental restrictions on First Amendment activity are no
greater than necessary to further that interest.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages, Section 113.20, "Prohibition of
Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", subsection (A),
"Definitions", subsection 113.20(A)(1) is hereby amended to read as follows:
Section 113.20 PROHIBITION OF NUDITY. PARTIAL NUDITY. SEXUAL CONDUCT AT
ALCOHOLIC BEVERAGE ESTABLISHMENTS.
(A) Definitions.
(1) "ALCOHOLIC BEVERAGE ESTABLISHMENT" means any business or
~ establishment whether open to the public at large or entrance is limited by cover
charge or membership requirements, including those licensed by the state for sale and/or service
of alcoholic beverages, which include but are not limited to. any bottle club. hotel, motel.
restaurant, night club. country club. cabaret, and meeting facility located in the City of Delray
Beach, in which alcoholic beverages, beer or wine are. or are available to be sold. dispensed.
served, consumed, provided, possessed or offered for sale for or consumption on the premises.
~. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 38-98
PASSED AND ADOPTED in regular session on second and .final reading on this the
day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ch I 13bev.ord
3 ORD. NO. 38-98
Section 113.20
Section 113.20 PROHIBITION OF NUDITY~ PARTIAL NUDITY~ SEXUAL )
CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS. *~"
(A) Definitions.
( 1 ) "ALCOHOLIC BEVERAGE ESTABLISHMENT" means any
establishment located in' the City of Delray Beach in which
alcoholic beverages, beer or wine are offered for sale for
consumption on the premises.
(2) "NUDITY" means the exposing to public view of the
human male or female genitals, pubic area, cleavage of the human
buttocks, or that. portion of the human female breast encompassed
Within an area falling below the horizontal line one would have
to draw to intersect a point immediately above the top of the
areola (the colored ring around the nipple).
(3) "PARTIAL NUDITY" means the exposing to public view
of the human male or female cleavage of the human buttocks or
that portion. of the human female breast encompassed within an
area falling below th® horizontal line one would have to draw to
intersect a point immediately above the top of the areola (the
colored ring around the nipple) with less than a full opaque
covering; or the depiction of covered human male genitals in a
discernibly turgid state.
(B) Nudity, Partial Nudity and Sexual Conduct Prohibited.
(1) No person shall engage in nudity in any alcoholic
beverage establishment.
(2) No employee of, or person having an independent
contractual relationship with, the owner or. operator of an
alcoholic beverage establishment shall engage in partial nudity
in any alcoholic beverage' establishment.
(3) No person maintaining, owning or operating an
alcoholic beverage establishment shall suffer or permit any .~.
employee or person having an'independent.0ontraotor status as to
the owner or opera%or of th· alcoholic beverage establishment to
engage in nudity or partiai nudity within any alcoholic beverage
establishment.
(4) No person shall engage in and no person
maintaining, owning or operating an alcoholic beverage
establishment shall suffer or permit any sexual intercourse,
masturbation, sodomY, beastiality, oral copulation, flagellation,
any sexual act Which is prohibited by law, touching, caressing or
fondling of the breasts, buttocks, or any portion thereof, anus
or genitals or the simulation thereof, within any alcoholic
beverage establishment.
XI. 59
Section 113.20(C)
(C) No establishment permitting nudity or partial nudity
may be located within seven hundred fifty (750) feet of any
parcel of land upon which an alcoholic beverage establishment is
located.
(D) For purposes of the above division (C), distance shall
be by airline measurement from property line to property line
using the closest property lines of the parcels of land involved.
The term parcel of land means any quantity of land capable of
being described With such definiteness that its location and
boundaries may be established, which is designated by its owner
or developer as land to be used or developed as a lot or which
has been used or developed as a lot.
(Ord. No. 35-90, passed 8/28/90; Am. Ord. No. 56-90, passed
i1/13/~o}
Section 113.99 PENALTY.
See Section 10.99, "aeneral Penalty".
(Am. Ord. No. 18-95, passed 4/4/95)
XI. 6O